Payment of damages; special assessments. Amending subdiv. 36, sec. 2664, Consol. Stats., 1891; subdiv. 36, sec. Provided, That the sums or sum awarded by the appraiser's fees shall be paid into the county court to the credit of the property owners as soon as the money, for the payment of the same, is obtained from an assessment levied upon the lots and lands as herein provided, and for the purpose of paying such awards for property, so taken or damaged and appraiser's fees, the mayor and council may levy a special tax upon the lots or lands upon the same street or streets, alley or alleys, avenue or avenues, so opened or improved, or on the lots or lands in the immediate vicinity thereof, as shall be adjudged by the mayor and council to have been benefited by any such improvement, and said levy to be in proportion to the benefit conferred, and such special tax shall be due immediately upon its levy and shall be delinquent after sixty (60) days, and shall be collected as other special taxes, and, Provided further, That the city shall not enter upon and take possession of such lot, lots, land or lands, or portion thereof so taken, until the awards, if any, be so paid into the county court. SEC. 6. That subdivision thirty-six of said section two thousand six hundred and sixty-four be 68, art. 2, chap. amended to read as follows: 18a, Comp. Stats., 1891. Bewerage and drainage; con with. To lay of the city in suitable districts for the nections there- purpose of establishing a system of sewerage and drainage; to provide such system and regulate the construction, repair and use of the same; to compel all proper connections and branches from other streets, avenues, alleys, and from private property; and to provide a penalty not to exceed one hundred ($100) dollars for any obstruction or injury to any such sewer or drain or part thereof or for failure to comply with the regulations prescribed, and, Provided, That in case any property owner shall neglect or fail, after notice, either by personal service or by publication in some paper in the city of general circulation therein not less than ten (10) days, to comply with such regulations, or make such connections, the mayor and council shall have power to cause the same to be done and assess the cost thereof against the property, and said tax to be collected as other special taxes, and, sewer; special assessments. Provided further, That whenever the owners of Petition. for lots or lands abutting upon any street, avenue, or alley, or part thereof, within the city, representing two-thirds (3) of the feet front abutting upon such street, avenue, or alley, or part thereof, shall petition the mayor and council to lay a sewer in the same, without cost to the city, the mayor and council shall order such sewer laid, and assess the cost thereof against the property abutting upon such street, avenue, or alley, or such part thereof within which any such sewer has so been placed. The assessments of the special taxes for sewers herein provided for shall be made as follows: The total cost of the improvement shall be levied at one time upon the property and become delinquent as herein provided; One-fifth (1-5) of the total amount shall become delinquent in fifty (50) days after such levy; one-fifth (1-5) in one year; onefifth (1-5) in two years; one-fifth (1-5) in three years; one-fifth (1-5) in four years. Each of said installments, except the first, shall draw interest at the rate of not exceeding seven (7) per cent per annum from the time of the aforesaid levy until the same shall become delinquent, and after the same shall become delinquent, interest at the rate of one Sewer bonds. Maximum bond issue. (1) per cent per month shall be paid thereon; such taxes shall be collected and enforced as in cases of other special taxes. For the purpose of paying the cost of any such sewers in any such district, the mayor and council shall have power and may, by ordinance, cause to be issued bonds of the city, to be called "District Sewer Bonds of District No.-"payable in not exceeding ten (10) years from date, and to bear interest, payable annually, not exceeding the rate of seven (7) per cent per annum, with interest coupons attached, and that after the expiration of five (5) years, an equal amount of said bonds shall be redeemable each year, and in such case shall also provide that said special tax and assessments shall constitute a sinking fund for the payment of said bonds and interest; Provided, that the entire cost of such sewers in any such street, avenue or alley, shall be chargeable to the private property therein, and may be paid by the owner of such property within fifty (50) days from the levy of such special taxes, and thereupon said property shall be exempt from any lien or charge therefor. Said bonds shall not be sold for less than their par value, and if value, and if any assessment or any part thereof shall fail or for any reason be invalid, the mayor and council may make such other and further assessments on said lots or lands as may be required to collect from the same the cost of any such sewer property chargeable thereto as herein provided, and Provided further, That the aggregate amount of any such bonds issued in any one year shall not exceed fifty thousand ($50,000) dollars and, Pro vided that in making said special assessments the same rule as to the depth of the property to be assessed shall apply as provided in subdivision sixtythree (63) of this section. clause. SEC. 7. That said section two thousand six hun- Repealing dred and nine (2,609) two thousand six hundred and twelve (2,612) subdivision 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, be and the same are hereby repealed. SEC. 8. Whereas an emergency exists, this act Emergency. shall go into effect and be in force on and after its passage. Approved April 8, A. D. 1893. [House Roll No. 219.] CHAPTER 7. AN ACT to amend Section Two Thousand Six Hundred and Sixtythree (2,663) relating to grading and Subdivision Sixty-three (63) of Section Two Thousand Six Hundred and Sixty-four (2664), chapter thirty-five (35) of the Consolidated Statutes of Nebraska, of 1891, and to repeal said sections, so amended. Be it Enacted by the Legislature of the State of 2663, Consol. Stats., 1891; sec. SECTION 1. That said section two thousand six Amending sec. hundred and sixty-three (2663) be and the same 68, art. 2, chap. is hereby amended to read as follows: 13a, Comp. Stats., 1891. first class having less than Whenever the owners of the lots and lands abut- Cities of the ting upon any street or alley, or part thereof within 25,000 inhab said city, representing two-thirds (3) of the feet Petition for front abutting upon such part of street or alley de- or alley. itants grading street Grading dis tricts Special assessments. sired to be graded, shall petition the council to grade such street or alley or part thereof, without cost to the city, the mayor and council shall order the grading done and assess the cost thereof against the property abutting upon such street or alley, or such part thereof so graded. For this purpose the mayor and council shall create suitable grading districts, which shall be consecutively numbered. The cost of grading the streets and alleys within such grading districts, shall be assessed upon the lots and lands especially benefited thereby in such districts in proportion to such benefits, to be determined by the mayor and council under the provisions of this act. The assessment of special taxes for grading purposes herein provided for shall be made as follows: The total cost of the improvement shall be levied at one time upon the property and become delinquent as herein provided: One-fifth of the total amount shall become delinquent in fifty days (50) after such levy; One-fifth in one year; One-fifth in two years; Onefifth in three years; One-fifth in four years. Each of said installments, except the first, shall draw interest at the rate of not exceeding seven (7) per cent per annum from the time of the levy of the aforesaid until the same shall become delinquent, and after the same shall become delinquent, interest at the rate of one per cent per month shall be paid Cost of grading thereon, as in the case of other special taxes. The cost of grading the intersections of street and space opposite alleys in any such district shall be paid by the city out of the general fund of such city. For the purpose of paying the costs of grading the streets and alleys in any such district, exclusive of the in street intersections. |