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AN ACT to amend Section 4921 of the Revised Statutes of Nebraska for the year 1913 relating to paving bonds, and to repeal said original section.

Be it Enacted by the People of the State of Nebraska:

Section 1. Repeal. That Section 4921, Revised Statutes of Nebraska for the year 1913 is hereby amended to read as follows:

4921 Sec. 70. Intersection paving bonds. Whenever the mayor and council deem it expedient, they shall have the power, for the purpose of paying the cost of paving, re-paving or macadamizing the intersections of streets or avenues and spaces opposite alleys in the city, to issue bonds of the city to run not more than twenty years, and to bear interest payable semiannually, at a rate not exceeding six percent per annum, with coupons attached, to be called "Paving Bonds of the City of and which shall not be sold for less

than their par value, and the proceeds of which shall be used for no other purpose than paying for the costs of paving, repaving or macadamizing the intersections of streets or avenues and spaces opposite alleys in the city; provided, the aggregate amount of such intersection paving bonds issued in one year shall not exceed the sum of fifty thousand dollars; and provided further that in all instances where the aggregate amount of such bonds shall exceed fifteen thousand dollars, no such bonds shall be issued until the question of issuing the same has been submitted to the electors of the city at a general or special election held therein and authorized by a majority of the electors voting at such election. In case of omissions, errors, or mistakes in making such assessments or levies in respect to the total cost of improvements, or in case of deficiencies or otherwise, it shall be competent for the mayor and council to make a new or supplemental assessment and levy to correct and supply the omissions, errors, mistakes or deficiencies. Provided further, that no supplemental assessment and levy shall be made unless the bonds originally issued shall have exceeded fifteen thousand dollars, and shall have been submitted to a vote of the people.

Sec. 2. Repeal. Said original Section 4921, Revised Statutes of Nebraska for the year 1913 is hereby repealed.

Approved, April 20, 1917.

CHAPTER 97.

(Senate File No. 51.)

[Introduced by Mr. Sandall.]

AN ACT to amend Section 4954 of the Revised Statutes of Nebraska, and to repeal the original section as now existing.

Be it Enacted by the People of the State of Nebraska:

Section 1. Amendment.-That Section 4954 of the Revised Statutes of Nebraska 1913 be and the same is hereby amended to read as follows:

4954 Sec. 103. Cities 5,000 to 25,000 inhabitants-lighting -water supply - power plants - bonds-elections.-The mayor and city council shall have power to make contracts with and authorize any person, company or association to erect a gas works, power plant, electric or other light works, heating plant or water works in said city and give such persons, company or association the privilege of furnishing water, lights, power or heat for the streets, lanes, alleys and public places and property of said city and its inhabitants for any length of time not. exceeding twenty-five years: Provided, no such contract shall be made or entered into by the mayor and council until the question of granting the contract or privilege shall have been submitted to the electors of the city at a special election called for that purpose or at a general city election, notice of which shall be given by publication in some newspaper published in the city at least thirty days before the date of such election and an affirmative vote of 55 per cent of the electors voting upon the proposition shall have voted in favor of making the contract or granting such privilege; to purchase or provide for, establish, construct, maintain and operate and regulate for the city any such water works, gas works, power plant, electric or other light works or heating plant, or to condemn and appropriate for the use of the city water works, gas works, power plant,

Ch. 97)

Public Works-Tax

261

electric or other light works, or heating plant, in the manner and form as provided in section 54 of this chapter, and to levy a tax for the purpose of paying the cost of lighting the streets, lanes, alleys and other public places or property of the city or for the purpose of furnishing water for the city or for the purpose of furnishing heat or power therefor or for the purpose of buying or establishing, extending or maintaining such water works, gas, electric or other light works, or heating or power plant, not exceeding five mills on the dollar for any one of the respective purposes; and where the amount of money which would be raised by the tax levy provided for in this section would be insufficient to establish or pay for a system of water works, gas, electric or other light works, or heating or power system, to borrow money and pledge the property and credit of the city upon its negotiable bonds or otherwise to an amount not exceeding one hundred and fifty thousand dollars, for the purpose of establishing or paying for, or maintaining and operating, such water works, gas, electric or other light works, heating or power plant: Provided, no such bonds shall be issued by the city council until the question of issuing the same shall have been submitted to the electors of the city at an election held for that purpose, notice of which shall have been given by publication in some newspaper published in the city at least thirty days before the date of the election and an affirmative vote of 55 per cent of the electors voting upon the proposition shall have voted in favor of issuing such bonds; and provided further, no election shall be called until the petition signed by at least fifty resident freeholders shall be presented to the mayor and council asking that an election be called for the purpose herein specified. When any such bonds shall have been issued by the city the mayor and council shall have power to levy annually upon all taxable property of the city such tax as may be necessary for a sinking fund for the payment of the accruing interest on such bonds and the principal thereof at maturity, and to provide for the office of water commissioner, power commissioner, light commissioner or heat commissioner, and to prescribe the powers and duties of such offices: Provided, nothing contained in this chapter shall change or in any way affect existing franchises or existing contracts between any city and any company, corporation or individual for furnishing said city or its inhabitants with light, power, heat or water; and the mayor and council shall levy a sufficient tax to pay for such light, power, heat or water supply in accordance with the terms of such existing con

tracts, not exceeding seven mills on the dollar in any one year for any one of said purposes respectively.

Sec. 2. Repeal. That original Section 4954 of the Revised Statutes of Nebraska 1913 be and the same is hereby repealed. Approved, April 21, 1917.

CHAPTER 98.

(House Roll No. 249.)

[Introduced by Messrs. Stuhr and Scudder.]

AN ACT to amend Section 4956, Revised Statutes for 1913, and to repeal said original section, and to declare an emergency.

Be it Enacted by the People of the State of Nebraska:

Section 1. Amendment. That Section 4956, Revised Statutes for 1913, is hereby amended to read as follows:

4956 Sec. 105. Cities 5,000 to 25,000-water and sewer bonds-election-tax.-The mayor and council shall have power to borrow money and pledge the property and credit of the city upon its negotiable bonds, or otherwise in an amount not exceeding in the aggregate two hundred thousand dollars for the purpose of constructing or aiding in the construction of a system of sewerage; and to borrow money and to pledge the property and credit of the city upon its negotiable bonds or otherwise in any amount not exceeding in the aggregate one hundred thousand dollars for the purpose of constructing culverts and drains for the purpose of deepening, widening, straightening, walling, filling, covering, altering or changing the channel of any water course or any natural or artificial surface waterway or any creek, branch, ravine, ditch, draw, basin or part thereof flowing or extending through or being within the limits of the city and for the purpose of constructing artificial channels or covered drains sufficient to carry the water theretofore flowing in such water course and divert it from the natural channel and conduct the same through such artificial channel or covered drain and fill the old channel, and to borrow money and to pledge the property and credit of the city upon its negotiable bonds or otherwise in an amount not exceeding in the aggregate

Ch. 98, 99)

Water and Sewer Bonds

263

one hundred fifty thousand dollars for the purpose of constructing, maintaining and operating a system of waterworks for the city. Provided, that no such bonds shall be issued by the city council until the question of issuing the same shall have been submitted to the electors of the city at an election called and held for that purpose, notice of which shall be given by publication in some newspaper published in the city at least thirty days before the date of the election, and three-fifths of the electors voting upon the proposition shall have voted in favor of issuing such bonds; and provided, further, that no such election shall be called until a petition signed by at least fifty resident free holders of the city shall be presented to the mayor and council asking that an election be called for the purpose herein specified; and when any such bonds shall have been issued by the city to levy annually upon all taxable property of the city such tax as may be necessary for a sinking fund for the payment of the accruing interest upon the bonds and the principal thereof at maturity; and to provide for the office of sewer commissioner or water commissioner and to prescribe the duties and powers of such offices.

Sec. 2. Repeal. That said original Section 4956, Revised Statutes for 1913, is hereby repealed.

Sec. 3. Emergency.-Whereas, an emergency exists, this act shall take effect from and after its passage and approval.

Approved, April 19, 1917.

CHAPTER 99.

(House Roll No. 72.)

[Introduced by Mr. Schwab.]

AN ACT to amend Section 5014, Revised Statutes of Nebraska for 1913, and to repeal said original section.

Be it Enacted by the People of the State of Nebraska:

Section 1. Amendment. That Section 5014, Revised Statutes of Nebraska for 1913, is hereby amended to read as follows: 5014 Cities of the second class-powers.-To restrain, prohibit and suppress houses of prostitution and unlicensed tippling

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