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therein, then in some newspaper published in the county; Provided further, That no member 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. Ponds; vote on Such cities or villages may borrow money or issue bonds for the purpose, not exceeding ten (10) per centum of the assessed value of the taxable property within said village, according to the last preceding assessment thereof for the purchase of steam engines or fire extinguishing apparatus, and for the purchase, erection, or construction and maintenance of such water works 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 (1) of this section and all taxes raised under this clause shall be retained in a fund known as "Water Fund:" Provided further, That no such money shall be borrowed or bonds issued unless the same shall have been authorized by a vote of the majority of the electors of such city or village. The bonds shall be the bonds of the city or village and called "Water Bonds" to become due in twenty years from the date of issue, but payable any time after

main; jurisdiction to protect

ulations; water rates.

five years, drawing, not exceeding seven per cent interest per annum, payable annually. For the Eminent do purpose of erecting, constructing, locating, main- waters. taining or supplying such water works, any such city or village may go beyond its territorial limits and may take, hold, and 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 stream or source of water for the supply of such water works shall extend fifteen miles beyond its corporate limits; and the council or board of Rules and regtrustees of such towns 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 and for the use of the water therefrom, and such cities or 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 as the common 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 common council shall by ordinance direct and provide. The expense of locating, erecting Special assessand constructing reservoirs and hydrants for the purpose of fire protection, and the expense of con


Water fund.

structing and laying water main 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 common council or Water commis- board of trustees may direct. As soon as a system term of office; of water works shall have been established by any city or village under the provisions of this section, the mayor of such city, or the President 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 said water commissioner shall be appointed as aforesaid but said water commissioner may at any time, for sufficient cause, be removed by a twothirds vote of said city council or board of trustees; and any vacancy occurring in said office of water

sioner; appoint

ment; removal;

bond; duties.

commissioner by death, resignation, or removal from office as aforesaid or removal from the city or village, may be filled in the manner herein before provided for the appointment of such commissioner. Said water commissioner shall before he enters upon the discharge of his duties, execute a bond to such city or village in a sum to be fixed by the mayor and council, or president and board of trustees, but not less than five thousand ($5,000) dollars, conditioned for the faithful discharge of his duties and signed by two or more good and sufficient sureties, to be approved by the mayor and council or board of trustees. It shall be the duty of such water commissioner, subject to the supervision of the mayor and council or board of trustees, to have the general management and control of the system of water works in the city or village, fixing the rates to be paid by the inhabitants thereof, within such limits as may be prescribed by ordinance for the use of water, water meters, and hydrants; to collect all moneys receivable by the city or village on account of said system of water works and faithfully to account for and to pay the same over to the treasurer of said city or village, taking his receipt therefor in duplicate, filing one of the same with the city or village clerk; to make a detailed report to the city council or commissioner. board of trustees at least once every six months of the condition of said water systems, of all the mains, pipes, hydrants, reservoirs and machinery, such improvements, repairs, and extensions thereof as he may think proper, and showing the amount

of receipts and expenditures on account thereof for the preceding six months, and no moneys shall be

Report of water

commissioner; assistants.

expended for improvements, repair or extension of said water works system except upon recommendaSalary of water tion of said water commissioner. Said water commissioner shall perform such other duties as may be prescribed by ordinance. Said water commissioner shall be paid a salary fixed by ordinance, not exceeding four hundred ($400) dollars per annum, and upon his written recommendation the council or board shall employ such laborers and councilmen. clerks as may to them seem necessary, and no member of the council or board of trustees shall be eligible to the officer of water commissioner during the time for which he was elected.

Ineligibility of

Repealing clause.

SECTION 2. That said original subdivision No. Fifteen (15), of Section No. Sixty-nine (69) of Article No. One (1) of Chapter No. Fourteen (14) of the Compiled Statutes of Nebraska of 1889 be and the same is hereby repealed.

Approved April 8, A. D. 1893.

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Incorporation of villages in two or more counties.

AN ACT to provide for the incorporation of villages situated in two or more counties, and for the publishing therein of notices and other publications.

Be it Enacted by the Legislature of the State of

SECTION 1. That a majority of the taxable inhabitants of any village situated in two or more counties may present a petition to the county board of any county, in which any part of such village is situated, praying that they may be incorporated

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