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Amending sec. 64, chap. 12a, Comp. Stats.,

priation of private property for the public use in the construction and operation of the same, compensation for such appropriation to be made as is provided by this act and the mayor and council of each city created or governed by this act shall have power to provide by ordinance or contract with any competent party for the supplying and furnishing of water, gas or electric light, or electric power, to the public or private consumers within such city, and the rates, terms and conditions upon which the same may and shall be supplied and furnished during the period named in the ordinance or con

tract.

SECTION 10. That section 64 of said act be and 1891; sec. 2371, the same is hereby amended to read as follows:

Consol. Stats., 1891. Eminent domain.

Section 64. The mayor and council shall have power to appropriate private property for the use of the city for streets, alleys, avenues, parks, parkways or boulevards, sewers, public squares, market places, gas works, electric light plants, or water works, including mains, pipe lines and settling basins therefor; the right and power to appropriate private property for sewers, parks, parkways, or boulevards, electric light plants and water works to extend to a distance of ten miles from the corporate limits of the city. All cities of the metropolitan class and all other corporations exercising the right of eminent domain within the corporate limits of such cities, upon condemning private property, under such authority, shall cause to be recorded an accurate plat and a clear, definite description of the property so taken, in the office of the Register of Deeds of the county within which such city is located within thirty days after the other legal steps

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for the acquisition of such title shall have been taken.

SECTION 11. That section 66 of said act be and Amending sec. the same is hereby amended to read as follows:

66, chap. 12a, Comp Stats., 1891; sec. 2373, Consol. Stats.,

Bonds for vari

Sec. 66. The mayor and council are hereby 1891. authorized and empowered to issue bonds of the ous purposes. city with interest coupons annexed in such amounts and for such length of time as they may deem proper, the rate of interest not to exceed five (5) per cent per annum except as otherwise in this act provided, for the construction and maintenance of sewers, for the construction and maintenance of subways or conduits, or in the renewal of outstanding bonds of said city, or for the purpose of funding, taking up and making payment of the floating indebtedness and liabilities of the city, or for the construction of a city hall or other needful buildings for the use of the city, or for the construction of any bridge, or for the appropriation or purchase of gas works, water works, electric light plants, or land therefor, or land for public parks, parkways or boulevards; all such bonds shall express upon their face the purpose for which they were issued. Provided, the bonded indebtedness of the city, bonded indebtexclusive of district paving bonds, district grading' bonds, curbing and guttering bonds, district street improvement bonds, public library building bonds, or bonds issued for the erection of a city hall, or fire engine houses, or the construction of bridges, or for the construction and maintenance of subways and conduits, and bonds issued for park purposes, or for the purchase or appropriation of gas works, water works, or electric light plants, shall not at any time exceed in the aggregate ten (10) per

Maximum

edness.

Maximum is

sue in one year.

centum of the assessed valuation of the taxable property in the city.

Provided further, No bouds shall hereafter be issued except such renewal bonds, district street improvement bonds, district grading bonds, or bonds for the construction of bridges, or for the construction and maintenance of subways or conduits, or bonds for the purchase or appropriation of gas works, water works, electric light plants, or land therefor, or land for public parks, parkways or boulevards, in excess of two hundred thousand dollars ($200,000) in any one year, and no bonds, except district grading or district street improvement bonds, shall be issued until the legal electors of said city shall have authorized the same by a Vote on issue vote of two-thirds of all the electors voting on such proposition at a general annual or special election of said city, called after twenty days' public notice, stating distinctly the amount and the purpose for which they are to be issued, which bonds or the proceeds from the sale thereof shall not be diverted from the purpose for which they were issued, and shall not be disposed of at less than par.

of bonds.

Amending sec.

70, chap. 12a,

1891; sec. 2377,

Consol. Stats.,

SECTION 12. That Section 70 of said act be and Comp. Stats the same is hereby amended to read as follows: Section 70. All horses, cable, steam, electric or panies; paving other railway companies now existing or hereafter tracks. created in cities of the metropolitan class, already

18.1.

Railway com!

incorporated or hereafter organized, shall be required to pave or repave at their own cost all the space between their rails and the tracks herein referred to shall include not only the main tracks, but also side tracks, crossings and turnouts used by such companies, and when two or more companies

occupy the same street or alley with separate tracks, then each company shall be responsible for the proportion of the surface of the street or alley occupied by all the parallel tracks as herein required. Said paving or repaving by the said railway companies shall be done at the same time, and shall be of the same material and character as the paving or repaving of the streets or alleys upon which said railway track or tracks is located, unless other material be specially ordered by the Board of Public Works.

Whenever a majority per front foot of the property owners abutting upon any street or part of a street, shall petition the mayor and council in writing, requesting the extension of any horse, cable, electric or other street railway, to be constructed upon such street or part of a street and in such petition waive the obligation of the street railway company to pave between the rails and tracks, then the street railway company may construct a line of street railway along said street or part of street, covered by said petition, and shall not be required to pave between its rails and tracks, but such paving shall be done by the city and paid for by taxation upon the abutting property as other paving is done by the city.

Provided, Such railway companies shall be required to keep that portion of the street which they are herein required to pave and repave in good and proper repair, using for said purpose the same material as the street upon which the track or tracks are laid at the point of repair, or such other material as the Board of Public Works may require and order; and as streets are hereafter paved or

Flat rails.

repaved, street railway companies shall be required to lay in the most approved manner a flat rail, to Tamages from be approved by the Board of Public Works. The

tracks.

track of all railway companies when located upon the streets or avenues of the city, shall be kept in repair and safe in all respects for the use of the traveling public, and said companies shall be liable for all damages resulting by reason of neglect to keep such tracks in repair, or for obstructing the streets or avenues of such city; for injuries to persons or property arising from the failure of such company to keep their tracks in proper repair and free from obstructions, such companies shall be liable, and the city shall be exempt from liability. "Companies" The word "companies" as used in this act shall be taken to mean and include any persons, companies, corporations or associations owning any street or other railway in any such city.

defined.

Amending sec.

79, chap. 12a,

SECTION 13. That section 79 of said act be and 1891; sec 2386, the same is hereby amended to read as follows:

Consol. Stats.,

1891.

Taxes; for gen

Sec. 79. The mayor and council shall have eral purposes. power to levy and collect taxes for general purposes not exceeding fourteen (14) mills on the dollar valuation in one (1) year; and on all the real estate and personal property within the corporate limits of the city, taxable according to the law of this state, including all interests or business so taxFrogmantein able, and shall also have power to levy and collect curbs, and gut- taxes on all such property for the sole and exclusive purpose of repairing, modifying, reforming or changing and maintaining curbs and gutters, and for cleaning and repairing pavements not exceeding three (3) mills on the dollar valuation in any one (1) year; taxes levied for said purposes to be

ing pavements

ters.

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