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and create paving, repaving or improvement districts therefor, to be consecutively numbered, but no such work shall be finally ordered by the council until a petition of the owners of the record title representing a majority of the abutting property in the districts, shall be presented and filed with the city clerk, petitioning for such work. The sufficiency of the petitions so presented shall be finally determined by the council, and their determination thereof shall be conclusive in the absence of objection made and presented to the council prior to the completion of the improvement. In all cases of paving, repaving or macadamizing, there shall be used such material under the direction of the city council, as the owners of a plurality of abutting property petitioning therefor, shall determine. In case such owners fail to determine the material or materials to be used as herein above provided, then and in that event the council shall determine the material or materials to be used. Cost of so improving public ways may be in whole or in part assessed proportionate to benefits, on the property specially benefited. The total amount thereof shall be levied at once, one-tenth to be delinquent in fifty days, one-tenth annually thereafter, each installment to draw six per cent interest from levy payable annually, installments delinquent to draw three-fourths of one per cent interest per month. If abutting property if [is] not of uniform depth, or it be just and proper, the mayor and council may fix the depth to which property may be charged and assessed for benefits, and to greater depths than the lots fronting on the streets so improved. If in any city governed by the provisions of this act, there shall be any real estate belonging to any county, school district, or municipal or other quasi-municipal corporation abutting upon the street or public way whereon paving, repaving or other special improvements have been ordered, it shall be the duty of the board of county commissioners, board of education, or other proper officers to pay such special taxes or assessments, and in the event of neglect or refusal so to do, the city may recover the amount of such special taxes or assessments in any proper action, and the judgment thus obtained may be enforced in the usual manner. The council may order the owner of lots abutting on a street to be paved to lay gas and water service pipes to connect mains,

and if they neglect so to do, to cause the same to be laid and assess the cost thereof on the property in like manner as sidewalk assessments, and to be collected and enforced as special taxes. For the amount of special assessments the mayor and council may by ordinance issue bonds called "District Paving Bonds of no... .(") payable at not over ten years, or at the option of the city at any interest paying date, with annual coupons at not over six per cent, and such special tax shall be a sinking fund for payment thereof. The total special tax on any lot may be paid within fifty days of its levy and the money so paid shall go to the sinking fund. Cost of improving intersections may be paid by the city or assessed against the lots or lands in said district as the council may determine, but street railways shall be charged with the cost of all paving or improvements included between and to one foot beyond their outer rails in any part of the street. To pay costs of improvements of intersections, if not included in special assessments on benefited property, and along public property not assessable, the city may issue bonds called "Paving Bonds," to run not over twenty years, proceeds whereof shall be used only for paying costs of such improvements, the aggregate sum issued in any one year not to exceed fifty thousand dollars, nor shall such bonds issue until submitted to the electors and authorized by a majority of those voting thereon; to pay cost of curbing and guttering public ways, the mayor and council may issue bonds called "Curbing Gutter Bonds, District No.... payable in not over ten years, or at the option of the city at any interest paying date, with interest coupons at not over six per cent, and assess the cost, not exceeding the special benefits on abutting property, said assessments to become due, delinquent, draw interest and be subject to like penalty and collected as other special taxes, and constitute a sinking fund for the payment of such bonds. No bonds of either class shall be sold or delivered until necessary to make payments for work done on such improvements. In considering the number of petitioners requisite "abutting property" shall include all chargeable with cost of the improvement. Contractors for such improvement or material shall give bond with at least two resident freehold sureties, who shall justify on oath to be worth double the amount for which they

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are sureties over all debts, liabilities, obligations and other exemptions, in half amount of such contract for faithful performance thereof. No contract or extensions thereof beyond two years shall be made without assent of the electors at a general election taken as in case of vote on issue of bonds. This shall not apply to guarantee for work done.

SEC. 5. [Amendment.] That subdivision XLV of Section 129 of Chapter 13, Article I of the Compiled Statutes of Nebraska for 1911, and Section 8073 of Cobbey's Annotated Statutes for 1911 referred to in the title hereof, be and the same is hereby amended to read as follows:

SEC. 129. Subdivision XLV. Sec. 8073. [Funding bonds.] To provide for issuing bonds for the purpose of funding any and all indebtedness of the city, now existing or hereafter created now due or to come due, when the same shall have been authorized by a majority vote of the voters as provided in this act for voting bonds; to provide for refunding outstanding bonds without the consent of the voters of the city, when the same can be done at a rate of interest not to exceed 4 per cent. Provided, that bonds issued shall be sold to the highest bidder after giving at least thirty days' notice in two newspapers published and of general circulation in the city.

SEC. 6. [Repeals.] That Sections 21, 39, 76, 97 and Subdivision XLV of Section 129 of Chapter 13, Article 1 of the Compiled Statutes of Nebraska for 1911, and Sections 7920, 7938, 7975, 7996 and 8073 of Cobbey's Annotated Statutes for 1911 as now existing, be and the same are hereby repealed.

SEC. 7. [Emergency.] Whereas an emergency exists, this act shall take effect and be in force after its passage and approval.

Approved February 27, 1913.

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CHAPTER 6.

(Senate File No. 12.)

[Introduced by Mr. Bushee.]

AN ACT To amend Sections 11541 and 11542 of Cobbey's Annotated Statutes for 1911 [C. S., Ch. 79, Subd. 2, §§ 11a-b], to provide for an equitable division of taxation for school purposes in joint school districts, and to repeal said original sections, and declare an emergency.

Be it Enacted by the People of the State of Nebraska:

SECTION 1. [Amendment.] That Section 11541 of Cobbey's Annotated Statutes for 1911 [C. S., Ch. 79, Subd. 2, § 11a], is hereby amended to read as follows:

Section 11541. [Joint school district, certificate of valuation.] It shall be the duty of the County Clerk of any county in which a fractional part of a joint school district is located, on or before the 15th day of June of each year, to certify the assessed valuation of all taxable property of such fractional part of said joint school district to the clerk of the county in which the school house of said district is located.

SECTION 2. [Amendment.] That Section 11542 of Cobbey's Annotated Statutes for 1911 [C. S., Ch. 79, Subd. 2, § 11b], is hereby amended to read as follows:

Section 11542. [Joint school district, levy.] The County Board of the county in which is located the school house of any joint school district, acting in pursuance of Section 11540 of Cobbey's Annotated Statutes of Nebraska for 1911, [C. S., Ch. 79, Subd. 2, § 11], shall make a levy for said school district, as may be necessary, and the County Clerk of said county shall certify said levy on or before September 1st in each year, to the County Clerk of each county in which is situated any portion of said joint school district.

SECTION 3. [Repeals.] That Sections 11541 and 11542 of Cobbey's Annotated Statutes for 1911 [C. S., Ch. 79, Subd. 2, §§ 11a-b], are hereby repealed.

SECTION 4. [Emergency.]

Whereas an emergency

exists, this act shall take effect and be in force from and after its passage and approval according to law.

Approved March 11, 1913.

CHAPTER 7.

(Senate File No. 24.)

[Introduced by Mr. H. V. Hoagland.]

AN ACT To amend Section 8057 of Cobbey's Annotated Statutes of 1911 [C. S., Ch. 13, Art. 1, § 129, Subd. 29], relating to fire department of cities having more than 40,000 and less than 100,000 inhabitants, providing that no fireman, other than the chief and assistant chief, shall be on duty more than twelve hours continuously in any one day, and to repeal said original section.

Be it Enacted by the People of the State of Nebraska:

SECTION 1. [Amendment.] That section 8057 of Cobbey's Annotated Statutes of Nebraska for 1911 [C. S., Ch. 13, Art. 1, § 129, Subd. 29], is hereby amended to read as follows:

Section 8057. [Cities 40,000-100,000, fire department, protection.] To provide for the organization of a fire department, to procure fire engines, hooks, ladders, buckets and other apparatus, and to organize fire engine, hook, ladder and bucket companies, and to prescribe rules of duty, and the government thereof, with such penalties as the council may deem proper not exceeding one hundred dollars fine and to make all necessary appropriations therefor, and to establish regulations for the prevention and extinguishment of fires; to prescribe limits within which no building shall be constructed except of brick, stone or other incombustible material, with fire proof roof, and to impose a penalty for the violation of such ordinance; and to cause the destruction or removal of any building constructed or repaired in violation of such ordinance; and after such limits are established no special permit shall be given for the erection or reparation of buildings out of combustible materials; to regulate the construction and inspection of and order the suppression of and cleaning of fire-places, chimneys, stoves, stove-pipes, oven boilers, kettles, forges, or any appartus used in any building and to prescribe limits within which dangerous, obnoxious and offensive business may not be carried on. The Mayor and Council shall have power to create districts for the construction of water mains and appliances for fire protection in such districts and upon a petition of the owners representing three-fifths (3-5) of the abutting property in such districts, the Mayor and Coun

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