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doings to the county judge, who shall deliver a certified copy of said report to the city clerk and to the register of deeds to be recorded and indexed in the same manner as deeds. The council shall direct the city treasurer to pay the amount of the appraisement to the county judge for the benefit of the parties entitled thereto, to be distributed in the same manner as moneys paid by railroad companies in right of way proceedings. The city or any person having an interest in any of said property, may, within thirty days after the filing of said report, appeal to the district court, in the same manner as. in right of way, proceedings by railroad companies, but no appeal bond shall be required of the city, nor shall any appeal operate to delay the proposed improvement. The remedy by appeal as herein Appeal from alprovided shall be exclusive, and no other or different action shall lie to recover any damages caused by said improvement.



SEC. 3. That said subdivision III of the origi- Repealing nal section sixty-seven, and sections one, two, three, four, five, six and seven of chapter twelve of the laws of 1885, approved March 4th, 1885, be and the same are hereby repealed.

Approved April 8, A. D. 1893.

[House Roll No. 252.]


Amending sec.

2609, Consol.

14, art. 2, chap

ter 13a, Comp. Stats., 1891.

Cities of first class of les

than 25,000 pop


ficers; removals

AN ACT to amend sections two thousand six hundred and nine (2,609), two thousand six hundred and twelve (2,612), two thousand six hundred and fifty-six (2,656), and subdivisions four (4), nineteen (19), and thirty-six (36), of section two thousand six hundred and sixty-four (2,664), of Cobbey's Consolidated Statutes of Nebraska of 1891, and to repeal said original sections so amended.

Be it Enacted by the Legislature of the State of


SECTION 1. That said section of 2609 be and Stats., 1891; see the same is hereby amended to read as follows: “The mayor may appoint an engineer, attorney, street commissioner, chief of fire department and Appointive of water commissioner, and may appoint three mem'bers of the board of public works, by and with the assent of the council, and any such officers may be removed for cause at any time by a vote of a majority of all the members of the council with the proval of the mayor. All confirmations of officers by the council shall be made viva voce, and the concurrence of a like majority shall be required, and the vote by yeas and nays shall be recorded. The chief of police as the council may authorize shall be appointed and may be removed by the mayor at pleasure, and in case of emergency the mayor may appoint a necessary number of special police who shall be removable at the pleasure of the mayor and council.

hun- Amending sec.

SEC. 2. That said section two thousand six dred and twelve (2,612) be amended to read as lows:


"The salaries of all officers shall be fixed ordinance, not exceeding the following sums per annum respectively: the mayor five hundred ($500) dollars per annum; treasurer fees as hereinafter provided, not to exceed five hundred ($500) dollars per annum; each councilman, three hundred ($300) dollars per annum; clerk one thousand ($1,000) dollars per annum, including the making of the tax list; chief of police seventy-five ($75) dollars per month, and no other compensation as fees or otherwise; policemen sixty ($60) dollars per month; city engineer five ($5.00) dollars per day for each day actually employed; street commissioner sixty ($60) dollars per month for actual service; city attorney twelve hundred (1,200) dollars per annum; water commissioner one thousand ($1,000) dollars per annum; chairman of the board of public works six hundred ($600) dollars per annum; the other two members of the board of public works one hundred ($100) dollars per annum. The foregoing amounts to be construed as limitations and not as fixed salaries; and other officers and employes of the city, except the police judge, shall receive such compensation as the mayor and council shall fix by ordinance at the time of their employment. SEC. 3.

2612, Consol. Stats., 1891; sec.

17, art. 2, chap.

13a, Comp. Stats., 1891.

Salaries of officers.

2656, Consol. Stats., 1891; sec.

That said section two thousand six hun- Amending sec. dred and fifty-six (2,656) be amended to read as follows:

61, art. 2, chap.

13a, Comp. Stats., 1891.

"The city shall, within the last quarter of each Annual appro

fiscal year, pass an ordinance, to be termed "The

priation bill,


Annual Appropriation Bill," in such corporate authorities may appropriate such sum or sums of money as may be deemed necessary to defray all necessary expenses and liabilities of such corporations not exceeding in the aggregate, the amount of tax authorized to be levied during the then ensuing year; and in such ordinance there shall be specified the object and purposes for which such appropriations are made and the amount or amounts Other appro- appropriated for each object or purpose. No further appropriations shall be made at any other time within such fiscal year, unless the proposition to make such appropriation has been sanctioned by a majority of the legal voters of such city, either by a petition signed by them or at a general or special election duly called therefor, and all appropriations shall end with the fiscal year for which they were made; Provided, That the funds arising from "Road taxes" and bridge taxes as in this charter provided, shall be deemed especially appropriated for street repair purposes and shall not be included in the annual appropriation ordinance, and

Road and bridge funds.

Amending subdiv. 4, sec. 2664, Consol. Stats., 1891; subdiv. 4, sec.

Provided further, That nothing hereinafter contained shall be construed to prohibit the council from appropriating other money, in the annual appropriation bill for the use of streets, grades and bridges.

SEC. 4. That subdivision four (4) of said sec tion two thousand six hundred and sixty-four

68, art. 2, chap. (2,664) be amended to read as follows:

13a, Comp.

Stats., 1891.

Streets, open

ing, vacating,

To open, widen, or otherwise improve, to vacate, etc.; damages. care for, control, name and rename any street, avenue, alley, lane, park or square, within the limits of the city, and also to create, open, and improve any new

street, avenue or lane: Provided, That all damages sustained by owners of property by or through the exercise of such power or powers, shall be ascertained in the same manner as herein provided in cases of street grading, subject to the right of appeal from any award so made, and;

Reversion of

Provided further, That whenever any street, av-vacated street. enue, alley or lane shall be vacated the same shall revert to the owners of the adjacent real estate, onehalf on each side thereof, but when any street, avenue, alley or lane is taken wholly from one lot, upon vacation thereof it shall revert to the owner or owners of the lot, lots or land from which said street, avenue, alley or lane was originally taken; and,

Provided, That upon such vacation and reversion of said land, the land so reverting shall be taken by such adjacent owner in lieu of and in the place of all damages, if any, sustained by such property owner by reason of the vacation of any such street, avenue, alley or lane.

div. 19, sec. 2664, Consol.

SEC. 5. That said subdivision nineteen (19) of Amending subsaid section two thousand six hundred and sixty-stats., 1891; subfour, be amended to read as follows:

div. 19, sec. 68, art. 2, chap. 13a, Comp. Stats.,

and 1891


"To exercise the power of eminent domain to take private property for public use, within without the city, for the purpose of erecting or establishing market houses, market places, streets, avenues, alleys, lanes, parks, hospitals, public buildings, cemeteries, or for any necessary or authorize public purpose; Said powers to be exercised in the same manner and form, except as herein otherwise especially provided, as in cases of condemnation proceedings by railway companies;

Eminent do main.

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