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(House Roll No. 203.)
[Introduced by Messrs. Peterson, Flansburg, Hutton, Moseley, Mills and
AN ACT amending Sections 1 and 2 of Chapter 200 of the Laws of Ne
braska for 1915, and to repeal said sections as the same now exist, and declaring an emergency.
Be it Enacted by the People of the State of Nebraska:
Section 1. Amendment. That Sections 1 and 2, Chapter 200, Laws of Nebraska of 1915, be amended to read as follows:
Section 1. Paving county highways. -- The county board in any county in which any city. of the first class having a population of over 40,000 and less than 100,000 is situated is hereby authorized and empowered to grade and pave, repave, gravel, or macadamize any road, highway or boulevard in said county, outside the corporate limits of such city and other cities and villages.
Said board shall, at the time of making the annual tax levy for the county, levy a tax of not less than one mill nor more than three mills on each dollar of assessed valuation of property in the county, and the amount realized therefrom shall be set apart and constitute a fund to be designated as the County Paving Fund, and said fund may be used and expended in conjunction with any funds appropriated and made available for similar improvements by the Federal Government or the State of Nebraska or from any other source. For the purpose of carrying out the provisions of this act said board is authorized and empowered to create suitable road improvement districts comprising the lots, tracts and parcels of land abutting on, adjacent to or in the vicinity of such road, highway or boulevard specially benefitted by such improvement.
Such districts shall be created by resolution of the county board, and said board shall in said resolution designate and fix the proportion of the total cost of such work and improvements which shall be paid out of said county paving fund which proportion shall in each case be not more than one-half the total cost, and in fixing such proportion of cost said board shall use its discretion and judgment, taking into consideration the whole nature and value of the territory of the district and the bene
fits to be derived thereby from such improvement. To pay the remaining cost of such work and improvements said board shall levy special assessments upon all such lots, tracts and parcels of land, or portions thereof in such district in proportion to benefits from such improvements. Provided, however, no such work and improvements shall be finally ordered or constructed unless a petition, shall be signed by the owners of majority of the property chargeable with the cost of the improvement or part thereof, such majority to be computed on the following basis; the district shall be divided into six equal zones on each side of the road, highway or boulevard to be paved and improved, the same to run parallel with said road, highway or boulevard and all property in the first zones directly abutting on said road, highway or boulevard, shall be computed on the basis of fifty per cent of the total area space in said district, and all property in the second zones twenty-five per cent, in the third zones ten per cent, and the fourth, fifth and sixth zones five per cent each, which petition shall be filed with said board. Provided further, however, that said board may, by unanimous vote, create such district and proceed with such work and improvements without petition in case the road, highway or boulevard to be improved therein does not exceed one-half mile in length and will connect at each end with paving, repaving or macadamizing already constructed, or provided for. Upon the filing of such petition it shall be mandatory upon said board to at once proceed with such work and improvements, if there shall be available in said County Paving Fund a sufficient amount to pay the proportion of the cost payable from such fund. In making said annual levy, as hereinbefore provided, it shall be the duty of said board to levy, within the limits herein specified, an amount sufficient to defray the proportion of the cost of such proposed work and improvements in all districts at that time created payable out of said fund.
If any such road, highway or boulevard, or portion thereof so to be improved shall be located along the corporate limits of a city or village, a portion of its width lying within the city or village and the remaining portion of its width outside, then such district, to that extent and distance shall not include property lying within such city or village, but only on the opposite side of such road, highway or boulevard from the city or village, and the county board shall pave, repave or macadamize
only that portion or side of such road, highway or boulevard lying outside such city or village, and then only when the paving, repaving or macadamizing of that portion or side thereof so lying within such city or village shall have been provided for by such city or village or otherwise than by the county.
All such assessments shall be a lien upon the property on which levied from the date of levy, and shall thereupon be certified by said board to the county clerk and be placed upon the tax roll for collection. Provided, one-tenth of such assessments shall become delinquent in 50 days from date of levy, one-tenth in one year, one-tenth in two years, one-tenth in three years, one-tenth in four years, one-tenth in five years, one-tenth in sis years, one-tenth in seven years, one- tenth in eight years, onetenth in nine years. Each of such installments, except the first, shall draw interest at not exceeding seven per cent per annum, payable annually, from the date of levy until delinquent, and after delinquency interest at the rate of one per cent per month shall be paid thereon. And provided, that all of said installments may be paid at one time on any lot, tract or parcel of land within 50 days from date of levy, without interest, whereupon such lot, tract or parcel of land shall be exempt from any lien or charge therefor.
Sec. 2. Procedure—bonds. For the purpose of paying the cost of such improyements in such district the county board shall have power to and may, by resolution duly passed and spread upon its records, cause to be issued bonds of the county to be called District Paving Bonds of District No.
of County, Nebraska, payable in not exceeding 15 years from date, and to bear interest payable annually or semi-annually at not exceeding seven per cent per annum, with interest coupons attached; or said board may issue warrants, to be called District Paving Warrants of District No.
County, Nebraska, 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 assessments and taxes shall constitute a sinking fund for the payment of such bonds or warrants and interest. Provided, if there shall be any real estate in such improvement district so formed belonging to the county said board shall provide for the payment of any special assessments against such real estate by reason of such improvement out of the paving fund of said county; and if there be any real estate in such district belonging to any cemetery corporation or association, school district or other municipal or quasi-municipal corporation, it shall be the duty of the cemetery board, school board or other proper officers to provide for the payment of any such special assessments against such real estate on account of such improvements, and in the event of neglect or refusal so to do the county board may recover the amount of such special assessments and taxes in a proper action, and the judgment thus obtained may be enforced in the usual manner. Provided further, that any street railway or other railway or railroad company occupying with any track any such road, highway or boulevard or portion thereof which may be ordered paved or otherwise improved as herein provided, may be charged with the expense of such improvement of such portion of such road, highway or boulevard so occupied by it between the rails and for one foot beyond the outer rails, and the cost thereof may be collected by such county in any proper action, or the county board may authorize such company to make such improvement between its rails and for one foot beyond the outer rails.
Immediately upon the creation of an improvement district, as herein provided, the county board shall notify the county surveyor whose duty it shall be at once to examine the road, highway or boulevard to be improved and make a report to said board with estimates of the cost of such improvement, such estimates to be based upon the use of various suitable materials therefor as may be designated by said board; and said surveyor shall also prepare a map or plat of such district showing the location of the proposed improvement and the lots, tracts and parcels of land, or portions thereof, included therein. In all cases of such improvements there shall be used such materials, under the direction of the county board, as the owners of a plurality of property in such district may by petition designate. Provided, that in case said owners fail to so designate such materials for a period of 20 days after said board shall have given notice so to do by publication in a newspaper of general circulation in said county once each week for two successive weeks to such owners, said board shall determine upon the materials to be used in said improvement.
Sec. 2. Repeal.—That Sections 1 and 2 of Chapter 200, Laws of Nebraska of 1915, be and the same are hereby repealed.
Torrens Land Registration
Sec. 3. Emergency.- Whereas, an emergency exists, therefore this act shall take effect and be in force from and after its passage and approval.
Approved, April 20, 1917.
(Senate File No. 287.)
[Introduced by Mr. Sandall.]
AN ACT to amend Sections 2, 5, 13, 18, 19, 20, 23, 33, 76, 101, and 103, of
Chapter 225 of the Session Laws of Nebraska for 1915, being commonly known as the Torrens Land Act, and to repeal said original sections, to validate actions and proceedings heretofore had under said act, to provide a time within which defects in same may be attacked by those adverse in interest and barring the right to attack same beyond such time.
Be it Enacted by the People of the State of Nebraska:
Section 1. Amendment.—That Sections 2, 5, 13, 18, 19, 20, 23, 33, 76, 101 and 103 of Chapter 225 of the Session Laws of Nebraska for 1915, being commonly k:own as the Torrens Land Act, be and the same hereby are amended to read as follows:
Sec. 2. Torrens land registraticn—bond of register.—Every register of deeds and ex-officio register of deeds shall, before entering upon his duties as registrar, give a bond with sufficient sureties to be approved by the judge of the county court, payable to the people of the state of Nebraska and all persons, firms or corporations who have or may acquire an interest in any real estate registered under this act and located in the county of....
State of Nebraska, in the penal sum of $1,000 to $5,000 in the discretion of the county board, in all counties where the county clerk is ex-officio register of deeds; in all other counties having less than 100,000 population from $5,000 to $20,000 in the discretion of the county board and in the counties having a population of more than 100,000 the bond shall be $50,000, conditioned for the faithful and impartial discharge of his duties and to deliver up all papers, books and other property belonging to the county or appertaining to his