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SEC. 119. [Same-Assessment.]-The council shall have power and is hereby authorized to assess the damages awarded or recovered for grading, change of grade, or for the appropriation of private property, upon the lots and lands benefited, which shall abut or be adjacent to the street, avenue, or alley graded, or for the opening, extending, or widening of which private proverty shall be appropriated, or on which the grade shall be changed, and in the case of appropriation of land for widening of a street, avenue, or alley, the council may consider, for the purpose of determining benefits and equalizing such assessment, whether any portion of the street, avenue, or alley had been previously donated from any lot or piece of land abutting or adjacent thereto.
SEC. 120. [Same—Appeal.]—In all cases of damages arising under the provisions of this act, the party or parties whose property is damaged or sought to be taken by the provisions of this act, shall have the right to appeal from such assessment of damage, to the district court of the county in which such property is situated, within thirty days after the assessment provided for in this act, and in case of such appeal the decision and finding of the district court shall be transmitted by the clerk thereof, duly certified, to the city clerk to be filed and recorded in his office; but such appeal shall not delay the appropriation of the property sought to be taken, or delay the improvement proposed, or retard the change of grade sought to be made, and in no case shall said city be liable for the cost on such appeal, unless the owner of such real estate shall be adjudged entitled upon the appeal, to a greater amount of damage than was awarded by said freeholders. The remedy by appeal, herein allowed, shall be deemed and held to be exclusive, and no person shall be allowed to prosecute or maintain any original action to recover any damages herein authorized or provided for.
SEC. 121. [Same-Precedence of trial.]—In all cases of damages arising under the provisions of this act, upon appeal being taken by any person from any award or assessment of damages, the city shall have the right, upon giving five days' notice to the person or persons appealing, to have such appeal placed upon the trial docket or calendar of the court to which such appeal may be taken, at the head of the list of cases for trial, and such appeals shall have priority and precedence in the order of trial thereof over civil actions, and the court shall so arrange the call of cases for trial as to give such appeals such priority and precedence.
SEC. 122. [Ordinances-Enacting clause.]-The enacting clause of all ordinances shall be as follows: "Be it ordained by the city council of the city of
SEC. 123. [Same-Passage.]-All ordinances of the city shall be passed pursuant to such rules and regulations as the council may prescribe; Provided, That upon the passage of all ordinances, the yeas and nays shall be entered upon the record of the city council, and a majority of the votes of all the members of said council shall be necessary to their passage; Provided, further, That no ordinance shall be passed the same day, or at the same meeting it is introduced, except the general appropriation ordinance at the first meeting of each month.
SEC. 124. [Same-Evidence.]-All ordinances of the city may be proven by the certificate of the clerk under the seal of the city, and when printed or published in a book or pamphlet form, and purporting to be published or printed by authority of the city council, shall be read and received in all courts and places without further proof.
SEC. 125. [Same-Appropriations.]-At the first meeting of the council in each month, the mayor and council shall provide by ordinance, for the payment of all liabilites of the city, incurred during the preceding month, or at any time prior thereto. No money shall be expended or payment made by the city except in pursuance of a specific appropriation made for that purpose by ordinance, and no liability shall be incurred, debt created, or contract involving the expenditure of money approved by the city council, except by a majority of the entire council, upon call of the
yeas and nays, and the record of the council proceedinge shall show how each member voted, and any councilman voting to incur any liability or to create any debt in excess of the amount limited or authorized by law, or if the mayor shall approved any ordinance or contract involving the expenditure of money in excess of the amount limited or authorized by law, and any liability sought to be incurred or debt created, in excess of the amount limited or authorized by law, shall be taken and held by any court of the state as the joint or several liability and obligation of the councilmen voting for and the mayor approving the same, and not the debt, liability, or obligation of the city, and the voting for or approving of such liability, obligation, or debt shall be conclusive evidence of malfeasance in office, and for which such councilman or mayor may be removed from his office. [Amended 1889, chap. 13.]
SEC. 126. [Same-Veto.]—Any ordinance appropriating moneys shall be subject to the veto of the mayor, and the mayor may veto any single item in any such ordinance, and if such item be not passed over his veto, such item shall be stricken out, and shall not be paid by the city.
SEC. 127. [Same.]-Every resolution adopted, or contract approved by the city council appropriating or involving the expenditure of money, and every ordinance passed by the city council shall, within forty-eight hours after the action of the city council, be presented to the mayor for his approval, and he shall have at least three days thereafter for the consideration thereof. If he approve the resolution, contract, or ordinance, as the case may be, he shall sign the same and return the same to the city clerk, and so report to the council at its next regular meeting, after the expiration of the time herein limited. If not, he shall return the same with his objections in writing to the city council, at its next regular meeting, after the expiration of the time herein limited. When any ordinance, contract, or resolution, shall be returned without the approval of the mayor, the council shall thereupon consider whether the same shall be approved, notwithstanding the objections of the mayor. If two-thirds of all the members elected shall vote in the affirmative, such ordinance, contract, or resolution shall be considered approved, and shall take effect and be valid in the same manner and with like force, as if it had received the approval of the mayor; and should the mayor fail, neglect, or refuse to approve any ordinance, contract, or resolution, or return the same with his objections in writing, within the time herein limited, the same shall take effect and be valid in the same manner and with like force as if approved by him.
SEC. 128. [President of council.]-The city council shall have power to elect one of their own body president of the council, who shall preside at all meetings of the council, and in his absence to elect one of their own body to occupy his place temporarily, who shall be styled acting president of the council, and the president or acting president, when occupying the place of the mayor, shall have the same powers as the mayor, and shall also have the same rights and privileges as other members of the council.
SEC. 129. [Clerk.]-A city clerk shall be elected by the council at the first meeting of organization or as soon as practicable thereafter. He shall hold office for the term of two years from date of election; shall give bond to be approved by the council, and filed with the comptroller, with two good and sufficient sureties, freeholders, in the sum of five thousand ($5,000) dollars, conditioned for the proper fulfilment of the duties of his office. He shall devote his entire time to the duties of said office, and shall receive compensation therefor in the sum of two thousand ($2,000) dollars per annum, payable monthly. [Amended 1891, chap. 7.]
SEC. 130. [Council-Witnesses.-The council, or any committee of the members thereof, shall have power to compel the attendance of witnesses for the investigation of matters that may come before them, and the presiding officer of the council, or the chairman of such committee for the time being, may administer the requisite oaths; and such council or committee shall have the same authority to compel the giving of testimony as is conferred on courts of justice.
SEC. 131. [Special meetings.]-The mayor and any five councilmen shall have power to call special meetings of the council, the object of which shall be submitted to the council in writing, and the call and object and the disposition thereof shall be entered upon the journal by the clerk.
SEC. 132. [Board of equalization.]—The council shall have power to act as a board of equalization for the city; to equalize all taxes and assessments and to correct any errors in the listing or valuation of property, and to supply any omission in the same, and shall have the same powers as county commissioners have in similar cases. A majority of all the members elected to said council shall constitute a quorum for the transaction of any business properly brought before them, but a less number may adjourn from time to time, and compel the attendance of absent members. When sitting as a board of equalization, the council may adopt such reasonable rules as to the manner of presenting complaints and applying for remedy and relief, as shall seem just. It shall not invalidate or prejudice the proceedings of said board that a majority of members thereof do not, after organization by a majority, continue present at the advertised place of sitting, during the advertised hours of sitting. Provided, the city clerk or some member of said board shall be present to receive complaints, applications, etc., and give information; and, Provided, no final action shall be taken by such board except by a majority of all the members elected to the city council, comprising the same and in open session. [Amended 1891, chap. 7.]
SEC. 133. [Official paper.]-The council, at the commencement of each year, or as soon thereafter as may be, shall designate some daily newspaper printed in the city as the official paper of the city, in which shall be published all general ordinances and all notices and other proceedings required by law or ordinance to be published. All publishing of the city shall be let by contract to the lowest responsible bidder, and the newspaper which shall be awarded the contract as the lowest responsible bidder, for publishing all the matters hereinbefore specified, shall be the one designated as the official paper of the city; Provided, that said paper shall have at least two thousand (2,000) actual and bonafide subscribers for one year last preceeding the time of bid. [Amended 1889, chap 13.]
SEC. 134. [Mayor-Duties.]-The mayor shall be the chief executive officer of and a conservator of the peace throughout the city, and shall have power, by and with the concurrence of the board of police commissioners, to appoint any number of special policemen which he may deem necessary to preserve the peace of the city, and to dismiss the same at pleasure. He shall sign the commissions or appointment of all officers elected and appointed by the city government. He shall have such jurisdiction as may be vested in him by ordinance over all places within three miles of the corporate limits of the city for the enforcement of any health or quarantine ordinance, or regulation thereof. [Amended 1891, chap. 7.]
SEC. 135. [Same.]-The mayor shall have power by and with the consent of a majority of the entire council, to appoint all officers that may be deemed necessary for the good government of the city, other than those provided for in this act; and he shall have power, in like manner, to remove from office, by and with the consent of the council, any person or persons so by him appointed thereto. [Amended 1891, chap. 7.]
SEC. 136. [Same.]-He shall have the superintending control of all the officers and affairs of the city, except when otherwise specially provided, and shall take care that the provisions of this act and the ordinances of the city are complied with. He may, when he deems it necessary, require any officer of the city to exhibit his accounts or any other papers, and to make report to the council in writing touching any subject or matter he may require pertaining to his office.
SEC. 137. [Same.]-He shall, from time to time, communicate to the city council such information and recommend such measures as in his opinion may tend to the improvement of the finances, police, health, security, ornament, comfort, and general prosperity of the city. He shall be active and vigilant in enforcing all laws and ordi
nances of the city, and shall cause all subordinate officers to be dealt with promptly for any neglect or violation of duty. He shall give written notice to the city clerk of his intended absence before leaving the city.
SEC. 138. [Posse comitatus.]-The mayor and chief of police shall each have power to call upon any citizen to aid in the enforcement of any ordinance or suppres sion of any riot, and any person who shall refuse or neglect to obey such call shall forfeit and pay a fine not exceeding one hundred dollars.
SEC. 139. [Mayor-Vacancy.]-When any vacancy shall happen in the office of mayor, by death, resignation, absence from the city, removal from office, refusal to qualify, or otherwise, the president of the council for the time being shall exercise the office of mayor, with all the rights, privileges, powers, and jurisdictions of the regular mayor, until such vacancy be filled, or such disability removed; or in case of temporary absence, until the mayor shall return; and during that time he shall receive the same compensation that the mayor would be entitled to. [Amended 1889, chap. 13.]
SEC. 140. [Financial statement.]-The mayor and council shall cause to be published annually, on or before the first day of March, a statement of the receipts and expenditures of the city and the financial condition of the same for the preceding fiscal year. Such fiscal year shall be deemed to commence January first, and to terminate December thirty-first (31), annually. Provided, It is hereby made the duty of the city treasurer, city clerk, comptroller, city engineer, city torney, city prosecutor, police judge, inspector of buildings, board of fire and police commissioners, board of public works, board of health, board of park commissioners, and each and every other official, board or department of the city, now existing, or hereafter appointed or created, and whether or not the same be herein specified not including members of the city council to report to the mayor and city council in writing, annually, on or before the first day of February, a full and detailed statement of all receipts and expenditures, funds, property, and of all acts, doings, transactions, employments, and proceedings of their and each of their said board, department, position or office for and during the preceeding fiscal year. [Amended 1891, chap. 7.]
SEC. 141. [Warrants.]—All orders and drafts on the treasury for money shall be signed by the mayor and shall be countersigned and issued by the comptroller, who shall keep an accurate record thereof in a book to be provided for that purpose. [Amended 1889, chap. 13.]
SEC. 142. [Defective streets, etc.-Damages-Notice.]-No city of the metropolitan class shali be liable for damages arising from defective streets, alleys, sidewalks, public parks, or other public places within such city, unless actual notice in writing of the accident or injury complained of, with a statement of the nature and extent thereof and of the time when, and place where the same occurred, shall be proved to have been given to the mayor or city clerk within ten (10) days after the occurrence of such accident or injury. And it is hereby made the duty of the city clerk to keep a record of such notice, showing time when and by whom such notice was given and describing the defect complained of; to at once file such notice and report the same to the city council at its next meeting. Any person or persons claiming to have been injured from or by reason of the cause herein indicated, shall, at any time after the giv ing of the notice contemplated, be subject to a personal examination by the city physi cian and such other physician as the city attorney may indicate or by either thereof for the purpose of determining the character and extent of the injuries complained of; and failure or refusal to submit to such examination shall prohibit the maintaining of any action against the city, or recovery of any damages therefrom. [Amended 1891, chap. 7.]
SEC. 143. [City officers-Appointment.]-Upon the second Tuesday af ter the election in 1887, and on the second Tuesday in January after each general city election, the mayor, subject to confirmation by the city council, shall appoint the follow
ing officers, to-wit: A city engineer, a city attorney, an assistant city attorney, a city prosecutor, a street commissioner, an inspector of buildings, a boiler inspector, and such other appointive officers as may be authorized herein, or specially provided for by ordinance. It shall require a majority of all the members of the council to confirm each of said appointments. Upon the failure or refusal of the council to confirm any of said. appointments, it shall be the duty of the mayor, on the first Tuesday of each month thereafter, to make other appointments for such offices if the appointees thereto be not confirmed, and to so continue until approved by the council. [Amended 1891, chap. 7.]
SEC. 144. [Same-Term of office.]-All officers appointed by the mayor and confirmed by the council shall hold the office to which they may be appointed until the end of the mayor's term of office, and until their successors are appointed and qualified, unless sooner removed, or the ordinance creating the office shall be repealed, except as otherwise provided in section 104. [Amended 1889, chap. 13.]
SEC. 145. [Fire and police department.]-In each city of the metropolitan class there shall be a board of fire and police commissioners, to consist of the mayor (who shall be ex-officio chairman of said board) and four electors of said city, to be apDointed by the governor. The governor shall appoint as the commissioners above, four citizens, one (1) at least from each of the three (3) political parties casting the largest number of votes for city officers at the last preceding city election; two of them of different political party faith and allegiance, shall be designated in their appointment to serve for two years, and the other two, also of different political party faith, shall be designated to serve for four years. And thereafter, at the expiration of said term, and each period of two years, the governor shall appoint two members of said board. For official misconduct the governor may remove any of said commissioners; and all vacancies in said board by death, resignation, or removal shall be filled by the governor for the unexpired term, and all vacancies from whatever cause, shall be so filled that not more than two of the members of said board shall be of the same political party, or so reputed. All powers and duties connected with and incident to the appointment, removal, government, and discipline of the officers and members of the fire and police departments of the city, under such rules and regulations as may be adopted by said board, shall be vested in and exercised by the said board. A majority of said board shall constitute a quorum for the transaction of business. Before entering upon their duties, each of said officers shall take and subscribe an oath, to be filed with the city clerk, faithfully, impartially, honestly, and to the best of his ability, to discharge his duties as a member of said board, and that in making appointments, or considering promotions or removals, he will not be guided or actuated by political motives or influences, but will consider only the interests of the city and the success and effectiveness of said departments. The board of fire and police shall have power, and it shall be the duty of said board to appoint a chief of the fire department, an assistant chief of the fire department, and such other officers of the fire department as may be deemed necessary for its proper direction, management, and regulation, and under such rules and regulations as may be adopted by said board. Said board may remove such officers, or any of them, whenever said board shall consider and declare such removal necessary for the proper management or discipline, or for the more effective working or service of said department. The board of fire and police shall also employ such firemen and assistants, or may authorize the chief of the fire department so to do, as may be proper and necessary for the effective service of said department, to the extent and limit that the funds provided by the mayor and council for that purpose will allow. The board of fire and police shall have power, and it shall be the duty of said board, to appoint a chief of police, and such other officers and policemen, to the extent that funds may be provided by the mayor and council to pay their salaries, as may be necessary for the proper protection and efficient police of SEC. 145. Appointment by governor constitutional. 22 Neb., 460.