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one-twentieth in sixteen years, one-twentieth in seventeen years, one-twentieth in eighteen years and one-twentieth in nineteen years. Each of such installments, except the first, shall draw interest at the rate of not exceeding seven per cent per annum from the time of the aforesaid levy until the same shall become delinquent, and after the same becomes delinquent, interest at the rate of one per cent per month shall be paid thereon: Provided, all of said installments may be paid at one time on any lot or land within fifty days from the date of the levy without interest, whereby such lot or land shall be exempt from any lien or charge therefor. For the purpose of paying the cost of paving, repaving or macadamizing streets, avenues or alleys in any improvement district, the mayor and council or board of trustees shall have the power, and may, by ordinance, cause to be issued bonds of the city or village to be called "District Paving Bonds of District No... payable in not exceeding twenty years from date, and to bear interest payable annually or semiannually at not exceeding seven per cent per annum, with interest coupons attached; or may issue its warrants, as other warrants are issued, to be called "District Paving Warrants of District No............ payable in the order of their number, to be issued in such denominations as may be deemed advisable, and to bear interest at not exceeding seven per cent per annum; and in such case shall also provide that such special taxes and assessments shall constitute a sinking fund for the payment of the bonds or warrants and interest: Provided, if in any city or village governed by the provisions of this chapter, there shall be any real estate belonging to any county, school district or municipal or other quasi-municipal corporation, adjacent to or abutting upon the street or other public way whereon paving, repaving or other special improvement has been ordered, it shall be the duty of the board of county commissioners, board of education or other proper officers to provide for the payment of such special assessments or taxes as may be assessed against the real estate so adjacent or abutting, or within such improvement district belonging to the county, school district or municipal or quasi-municipal corporation. In the event of the neglect or refusal so to do, the city or village may recover the amount of such special taxes or assessments in any proper action, and the judgment thus obtained may be enforced in the usual manner. The cost of improving the inter-sections in any such district may be paid by the municipality. To pay the cost of improving the intersections, if not
included in the assessment against the property specially benefited in any district, the city or village may issue paving bonds of the city or village to be called "Intersection Paving Bonds," to mature within twenty years. Such bonds shall draw interest payable annually or semi-annually at not to exceed five per cent per annum, and the aggregate amount of such paving bonds that may be issued in any one year, without a vote of the people authorizing the same, shall not exceed the amount of ten thousand dollars: Provided further, any street or other railway company, occupying with any track any street, avenue or alley or portion thereof which may be ordered paved, repaved or macadamized, may be charged with the expense of such improvement of said portion of such street, avenue or alley so occupied by it between its rails and for one foot beyond the outer rails, and the cost thereof may be collected and enforced against such company in such manner as may be provided by ordinance, or the mayor and council or board of trustees may by ordinance require such company to pave, repave, or macadamize such portion of such street, avenue or alley occupied by said tracks and for one foot beyond its outside rails.
Sec. 2. Repeal.-That Section 5110 of the Revised Statutes for the year 1913 as amended by Chapter 92, Session Laws of 1915, be and the same hereby is repealed.
Sec. 3. Emergency. Whereas, an emergency exists this act shall take effect and be in force from and after its passage.
Approved, April 20, 1917.
(House Roll No. 253.)
[Introduced by Mr. Thomas.]
AN ACT to amend Section 5119 of the 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 5119 of the Revised Statutes for 1913 is hereby amended to read as follows:
5119 Second class cities and villages-water supply, etc.
bonds. To establish, alter and change the channel of watercourses, and to wall them and to cover them over; to establish, make and regulate wells, cisterns, windmills, aqueducts and reservoirs of water, and to provide for filling the same. To make contracts with and authorize any person, company or corporation to erect and maintain a system of water works and water supply, and to give such contractors the exclusive privilege for a term not exceeding twenty-five years, to lay down in the streets and alleys of such city or village water mains and supply pipes, and to furnish water to such city or village and the residents thereof, and under such regulations as to price, supply, rent of water meters, as the council or board of trustees may from time to time prescribe by ordinance for the protection of the city, village or people. The right to supervise and control such person, company or corporation as above, shall not be waived or set aside. To provide for the purchase of steam engines or fire extinguishing apparatus and for a supply of water for the purpose of fire protection and public use and for the use of the inhabitants of such cities and villages by the purchase, erection or construction of a system of water works, water mains or extension of any system of water works now or hereafter established or situated in whole or in part within such city or village; and for maintaining the same; to require any person, firm or corporation operating any public water supply in such city or village to connect with and furnish water to such city or village from its mains located therein for the purposes of this chapter, and to provide by ordinance for connections of such mains with the mains or portion of water system constructed or operated by such city or village, under such regulations and under such penalties as may be prescribed therein: Provided, all contracts for the erection or construction of any such work, or any part thereof, shall be let to the lowest responsible bidder therefor, upon not less than twenty days' public notice of the terms and conditions upon which the contract is to be let having been given by publication in a newspaper published in said city or village, and if no newspaper is published therein, then in some newspaper published in the county: Provided, further, no members of the city council or board of trustees, or mayor, shall be directly or indirectly interested in such contract; and in all cases the council or board of trustees, as the case may be, shall have the right to reject any and all bids that may not be satisfactory to them. Such cities or villages may borrow money or issue
bonds for the purpose not exceeding twenty per cent of the assessed value of the taxable property within said city or village according to the last preceding assessment thereof, for the purpose of steam engines or fire extinguishing apparatus, and for the purchase, erection or construction and maintenance of such water works, mains, portion or extension of any system of water works or water supply, or to pay for water furnished such city or village under contract; and levy and collect a general tax in the same manner as other municipal taxes may be levied and collected, to an amount sufficient to pay the interest and principal of said bonds heretofore or hereafter issued as the same mature, on all the property within such city or village as shown and valued upon the assessment rolls of the assessor of the proper precinct or township, in addition to the sum authorized to be levied under subdivision one of this section, and all taxes raised under this clause shall be retained in a fund known as "water fund": Provided further, no such money shall be borrowed, or bonds issued, unless the same shall have been authorized by three-fifths of the legal voters of such city or village cast for and against the proposition at an election held for that purpose, notice of which election shall have been given by publication in some newspaper published or of general circulation in such city or village for at least two weeks prior to the date of such election. The bonds shall be the bonds of such city or village and called "water bonds" to become due in twenty years from the date of issue, but payable any time after five years, drawing interest not exceeding six per cent per annum, payable semi-annually or annually. For the purpose of erecting, constructing, locating, maintaining or supplying such water works, mains, portion or extension of any system of water works or water supply, any such city or village may go beyond its territorial limits, and may take, hold, acquire rights, property and real estate, by purchase or otherwise, and may for this purpose take, hold and condemn any and all necessary property and real estate in the manner provided for taking and condemning private property for public use, and the jurisdiction of such city. or village, to prevent any pollution or injury to the steam [stream] or source of water for the supply of such water works, shall extend fifteen miles beyond its corporate limits. The council or board of trustees of such cities and villages, shall have power to make and enforce all needful rules and regulations in the erection, construction, use and management of such water works, mains,
Water Bonds, Assessments
portion or extension of any system of water works or water supply, and for the use of the water therefrom, and such cities and villages shall have the right and power to tax, assess and collect from the inhabitants thereof such tax, rent or rates for the use and benefit of water used or supplied to them by such water works, mains, portion or extension of any system of water works or water supply as the council or board of trustees shall deem just or expedient; and all such water rates, taxes or rents shall be a lien upon the premises, or real estate, upon or for which the same is used or supplied; and such taxes, rents or rates shall be paid and collected and such lien enforced in such manner as the council or board of trustees shall by ordinance direct and provide. The expense of erecting, locating and constructing reservoir and hydrants for the purpose of fire protection, and the expense of constructing and laying water mains, pipes or such parts thereof as may be just and lawful, may be assessed upon and collected from the property and real estate especially benefited thereby, if any, in such manner as may be provided for the making of special assessments for other public improvements in such cities, towns and villages. All income received by such cities. or villages from such water works, from the payment and collection of water taxes, rents or rates or assessments, shall be kept in a separate fund, and shall first be applied in the payment of running expenses and interest on bonds or money borrowed and used in the erection and construction of such water works; and should there be any surplus it shall be annually created into a sinking fund for the payment of water bonds, or for the improvement of the works, as the council or board of trustees may direct. As soon as a system of water works, mains, portion or extension of any system of water works or water supply shall have been established by any city or village under the provisions of this section, the mayor of such city or the chairman of the board of trustees of such village shall nominate, and by and with the advice and consent of the city council or board of trustees, as the case may be, shall appoint a resident freeholder, who shall be known as the water commissioner of such city or village, and whose term of office shall be for one fiscal year or until his successor shall be appointed and qualified, and annually on the first day of May the water commissioner shall be appointed as aforesaid, but the water commissioner may at any time, for sufficient cause, be removed by a two-thirds vote of the city council or board of trustees; and any vacancy occurring in said office of water commis