CHAPTER 11. (House Roll No. 87.) A Bill for AN ACT entitled an act to amend Section 748 of the Compiled Statutes of Nebraska for 1901, being Section 13 of Chapter 12a of the said Statutes entitled Cities of the Metropolitan class, and to repeal all acts and parts of acts in conflict with said amendments. Be it Enacted by the Legislature of the State of Nebraska: Section 1. That section 748 of the Revised Statutes of Nebraska for the year 1901, being section 13 of chapter 12a, said statutes, entitled "Cities of the Metropolitan Class," be amended to read as follows: Section 13. (Elections metropolitan cities, officers and term.) The first city election in all cities governed by this act shall be held on the first Tuesday in May, 1903, and all succeeding general city elections every three years thereafter. The officers to be elected at such election shall be Mayor, Police Judge, City Clerk, Treasurer, Comptroller, Tax Commissioner and nine Councilmen. They shall each and all be elected by a plurality of all votes cast at said election for such officers respectively, and shall when properly qualified, hold their offices for three years from the third Monday succeeding their election, and until their successors shall be elected and qualified. Sec. 2. (Repealing clause.) That section 748 of the Compiled Statutes of Nebraska for the year 1901, as the same now exists and all acts and parts of acts in conflict with this act be and the same are hereby repealed. Sec. 3. (Emergency clause.) Whereas an emergency exists this act shall be in force from and after its passage. Approved January 28, 1903. 1. CHAPTER 12. (House Roll No. 76.) [Introduced by Mr. Gilbert.] A Bill For AN ACT to provide in cities of the metropolitan class, viz: For the procedure in certain cases, by the mayor and council in the acquisition of a municipal water plant: 2. 3 For the creation of a water board, its organization, its powers, its duties, and the compensation of its members and employees. Penalties for interference with water plant, or employees of water board in the discharge of their duties: 4. For a Water Fund, its revenues, and the disbursement and acplication thereof: And amending Sections 16, 24, 25, 29, 32, 33, 35, 67, 72, 86, 87, 89, 93, 94, 100, 101a, 135, 138 and 140 of an act entitled "An Act incor. porating metropolitan cities, and defining, prescribing and regulating their duties, powers and gow rnment, and to repeal an act entitled 'An act incorporating metropolitan cities, and defining, regulating and prescribing their duties, powers and government." approved March 30, 1887, and all acts amendatory thereof, being Chapter 12a of the Seventh edition of the Compiled Statutes of the State of Nebraska (edition of 1895) entitled 'Cities of the Metropolitan Class, approved March 15, 1897, being Chapter 12a of the Tenth edition of the Compiled Statutes of the State of Nebraska (edition of 1901) entitled "The Compiled Statutes of the State of Nebraska, 1881 (Tenth edition), with amendments 1882 to 1901, comprising all laws of a general nature in force July 1, 1901, published under authority of the legislature by Guy A. Brown and Hiland H. Wheeler," and certified to by Hiland H. Wheeler, compiler of date July 1, 1901 and repea ing said original sections. Be it Enacted by the Legislature of the State of Nebraska: Section 1. (Bonds-for construction or purchase of water plant.) In any city of the metropolitan class which has heretofore voted or may hereafter vote bonds for the construction or purchase of a water plant it shall be the duty of the mayor and council, and the mayor and council shall, within thirty (30) days after the election at which such bonds are or have been voted, or in case such bonds have been heretofore voted, then within thirty (30) days after this act shall take effect, declare by ordinance that it is necessary and expedient for such city to construct or purchase, as the case may be, a system of water works. Sec. 2. (Duties of water board.) In case bonds are or have been heretofore voted for the construction of a water plant, it shall be the duty of the water board, hereinafter provided for,. upon the approval of said ordinance, to proceed at once with the preparation of plans and specifications therefor, and upon the final approval by the mayor and council of said plans and specifications, said mayor and council shall provide for the construction of such plant, subject to the provisions of the charter of such city and this act. Sec. 3. (Method of purchasing.) In case bonds are or have been heretofore voted for the purchase of a water plant it shall be the duty of the mayor and council, and the mayor and council shall, beginning at the first meeting of the council after the approval of said ordinance, proceed to take the necessary steps to acquire such water plant under the powers granted by the charter of such city, or by virtue of any rights inuring to such city through contract or otherwise; and if at any stage of the proceedings instituted to acquire such water plant, the mayor and council shall, unduly or unreasonably delay, then and in such case, said mayor and council may be compelled to act by mandamus at suit of the water board of such city; and, further, if at any stage of the proceedings it shall be ascertained that the bonds. hereafter or heretofore voted for the construction or purchase of said water plant are inadequate in amount, then, it shall be the duty of the mayor and council, and mandatory thereon, to submit to the voters of such city, in the manner prescribed by law, a proposition for the issuance of bonds in such further amount as may be necessary for the construction or purchase of such water plant, as the case may be. Sec. 4. (Appraisement.) If the method of procedure adopted by the mayor and council for the acquisition of such water plant shall involve the appointment of one or more appraisers by the council, or by the mayor and council, then, and in such case, it shall be the duty of the mayor and council to at once notify the water board stating the number of appraisers to be appointed. Upon receipt of such notification the water board shall propose for appointment, by the council, or by the mayor and council, as the case may be, at the time of the next regular meeting of said council, the names of as many appraisers as may be indicated in said notification. And it shall be the duty of the council, or the mayor and council, as the case may be, to appoint or reject, at the time of such meeting, the appraiser or appraisers so proposed by said board. In case of rejection of all or any one of the appraisers proposed, as herein provided, it shall be the duty of the water board, at the time of every regular meeting of the council thereafter, to propose another or other appraisers for appointment, and so to continue until the full number of appraisers shall have been appointed by the council, or by the mayor and council, as the case may be. No such appraiser or appraisers shall be appointed b the council, or by the mayor and council, unless such appraiser or appraisers shall have been first proposed by said water board; neither shall any appraisement of said water plant be submitted t the people of such city for ratification or rejection unless the same shall have been, also, first approved by said board. If the method of procedure adopted by the mayor and council for the acquisition of such water plant shall involve, by reason of contract, the appointment of any appraiser or appraisers by the corporation, partnership, or individual or individuals owning such water plant, and the said corporation, partnership, individual or individuals shall, for thirty (30) days after such appointment of an appraiser or appraisers should, under the contract, have been made, fail to appoint such appraiser or appraisers, then in such case, the water board, representing the rights of the city in the pren.ises, shall have authority, and it shall be their duty, to bring appropriate proceedings in the district court of the county in which such city is located to compel the said owner or owners of such water plant to appoint such appraiser, or appraisers, or upon their failure then so to do, to have such appraiser or appraisers appointed in their behalf by the court or judge before whom such action is brought. Such action both in the district com and in the supreme court, if such action shall be taken to the supreme court, on appeal or writ of error, shall take preceduce for trial over all other cases on the dockets of such courts and be advanced for hearing as soon as at issue. Sec. 5. (Election of water board.) In each city of the metropolitan class owning and operating a municipal water plant, or which has heretofore voted or may hereafter vote bonds for the construction or purchase of a municipal water plant, there sha!! be a water board consisting of six (6) members, two of whom shall be elected at the time of each general state election held in the even numbered years, one from each of the two political parties casting the greatest number of votes for Governor at the last preceding general election. Members of said board shall hold office for a period of six (6) years from the first Tuesday after the first Monday of January following their election, and until their successors shall be elected and qualified; provided, however, that the members of the first board shall be appointed in such manner and for such terms as hereinafter set forth. Sec. 6. (Appointment of first water board.) The Governor shall appoint the members of the first water board, all of whom shall be electors of such city, two to serve from the date of their appointment for four years, and two from the date of their appointment for two years, from the first Tuesday after the first Monday of January following the general election held in the even numbered years, next after their appointment; and two to serve until said first Tuesday after the first Monday following the general election, held in the even numbered years, next after their appointment. One member for each term herein designated, shall be appointed from each of the two political parties casting the greatest number of votes for Governor at the last preceding general election. Such appointments shall be made within. |