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authorized to create a police relief fund by assessing upon each member of the police force a sum to be deducted from the monthly pay of each member, not exceeding one per centum thereof, and the sum so fixed and deducted shall be paid into the city treasury to the credit of the police relief fund, and shall be used exclusively to relieve members of the force when sick or disabled from the performance of duty, for funeral expenses, relief of their families in case of death, or for pensions when honorably retired from the force. [1889, § 1, chap. 17.]
SEC. 176. [Same-Investment.]-(First) All moneys received from fines imposed upon members of the police force of such city for violation of the rules and regulations of the police department; (second) one-fourth of all rewards given or paid to members of the police force of such city, except such as shall be excepted by said board, and (third) all moneys arising from the sale of unclaimed property or money, after deducting all expenses incident thereto, shall be paid into the city treasury to the credit of the police relief fund, and the fire and police commissioners shall be trustees of the fund and shall invest the same from time to time, when there is a surplus, in United States bonds, bonds of the State of Nebraska, bonds of such city or bonds of the county in which such city is located. Provided, however, That it shall be the duty of said city treasurer to deposit and keep at interest so much of said police fund as may not be invested as aforesaid, in such bank in such city as may be designated by the board of directors of the police relief fund, hereinafter mentioned, and approved by the board of fire and police commissioners. [Id. § 2.]
SEC. 177. [Board of directors.]-The members of the police force of the city shall make such rules and regulations as to the disbursement of the police relief fund to the members as they may deem proper, such rules and regulations to be approved by the board of fire and police commissioners. And the members of the police force, each having one vote, shall elect annually, on the first Wednesday after the first day of April in each year, a board of seven members from their own number, to be known as the board of directors of the police relief fund, to whom shall be entrusted the entire management of the fund and its disbursements, subject to the approval of the board of fire and police commissioners as herein provided. [Id. § 3.]
SEC. 178. [Same-Officers-Payments.]-The board of directors shall organize, electing a president and secretary, and no payment of any money shall be made from the relief fund, save for investment by the trustees, except upon the order of the board of directers, signed by the president, countersigned by the secretary, and approved by the board of fire and police commissioners. Members who have resigned, or have been dismissed from the force, shall have no interest in or claim on such fund, and members who are honorably retired from the force shall have only such interest in the fund as may be fixed in the rules and regulations in relation to the fund by the board of directors, and approved by the board of fire and police commissioners. [Id. § 4.]
SEC. 179. [Disabilities of police.]-When a patrolman or any officer of a higher grade on the active force becomes bodily disabled in consequence of and while in the performance of official duty, he may continue to draw his regular salary, at the discretion of the board of fire and police commissioners, for a period not to exceed three months. If such disability, incurred in consequence of and while in performance of official duty, shall appear to be of such a character as to permanently unfit uch member of active duty upon the police force, he shall, upon the recommendation of the mayor and approval of the board of fire and police commissioners, be retired and shall be allowed out of the police relief fund a pension of ten dollars ($10) per month, to be paid monthly. But if any member of the force, on recovery from such disali ity, be assigned to duty and full pay, his pensions shall cease. Patrolmen and officers of a higher grade, who have done faithful service, and have been disabled so as to unfit them for serving for patrolman or as such officers may be assigned to other duties suitable to their physical abilities, and shall always have preference in such assignments. When such member of the force in consequence of such partial dis
ability, has been assigned to any position having a rate of compensation lower than the one to which such member was entitled, previous to his disability, such assignment shall not exclude him from receiving a pension or terminate the pension which may have been awarded him. The pension herein provided for shall be aside from and in addition to any allowance which may come from the police relief fund provided for above. Any patrolman or officer of a higher grade who has served faithfully for a period of fifteen years from and after the passage of this act, and who has reached the age of fifty years, may on retirement from active service, on the recommendation of the mayor and the approval of the board of fire and police commissioners, be allowed a pension of ten dollars ($10) per month, to be paid as provided above for pensions on account of disability. [Id. § 5.]
CHAPTER 13.-CITIES OF THE FIRST CLASS.
SECTIONS 1-107. [Repealed by act providing for cities of metropolitan class, 1887, ch. 9, § 173.]
TAXES FOR SEWERS ALREADY CONSTRUCTED.
SEC. 108. [Sewer debt tax.]-That in cities of the first class the mayor and council shall levy a tax in each year in addition to all other taxes, in the manner provided by law for the levy of other taxes, of one and one-half mills on the dollar of the assessed valuation of all the taxable property in said city to pay all indebtedness heretofore incurred for the construction and maintenance of any main sewer or sewers or branches thereof and draw warrants therefor on the fund so provided for; Provided, That before any payment shall be made under the provisions of this act the value of said sewers shall be ascertained by the inspection and appraisement of three disinterested experts, who shall be appointed for that purpose, one of whom shall be selected by the mayor and council of such city, within which such sewer or sewers may have been constructed, one by the contractors who constructed such sewer or sewers, and the third to be chosen by the two experts so selected, who shall first be sworn to make a true and impartial appraisement of the value of such sewer or sewers; upon actual inspection and measurement, and who shall return their appraisement in writing to the mayor of such city, and said appraisement being so returned, and said sewer or sewers accepted by said mayor and council, the same shall be paid with interest thereon at the rate provided by law when such indebtedness accrued; Provided, further, That in no case shall payment be made in excess of the contract price and interest thereon, from the date of such accrued indebtedness, under which such sewer or sewers may have been constructed [1881, § 1, chap. 18.]
RATES OF TOLL.
SEC. 109. [Toll bridges.]-That the mayor and council in any city of the first class shall have power to license and regulate the keeping of toll bridges within or terminating within the city, for the passage of persons and property over any river passing wholly or in part within or running by and adjoining the corporate limits of any such city, to fix and determine the rates of toll over any such bridge, or over the part thereof within the city, and to authorize the owner or owners of any such bridge to charge and collect the rates of toll so fixed and determined, from all persons passing over or using the same. [1871, 26, G. S. 136.]
VIADUCTS, BRIDGES, AND TUNNELS.
SEC. 110. [Power of council.]-That the mayor and city council in any city. of the first class shall have power, whenever they deem any improvement, herein provided for, necessary for the safety and convenience of the public, to engage and aid in the construction of any viaduct, or bridge over, or tunnel under any railroad track or tracks, switch or switches in such cities, when such tracks or switches cross or occupy any street, alley or highway thereof, in the manner and to the extent hereinafter provided. [1885, chap. 12.]
SEC. 108. "An act to provide for the levy of a tax in cities of the first class for the payment of sewers already constructed." Approved Feb. 28. Took effect June 1, 1881.
SEC. 109. "An act empowering the mayor and council in cities of the first class, to license and regulate the keeping of toll bridges; to fix the rates of toll, and to authorize the collection of the same." Laws 1871, 26, G. S. 136. Took effect Feb. 8, 1871. The signature of the governor does not appear in the enrolled act. SECS. 110-115. "An act to provide for viaducts, bridges, and tunnels, in certain cases, in cities of the first class." Took effect March 4, 1885.
SEC. 111. [Plans and Specifications.]-Whenever any such viaduct, bridge, or tunnel shall be deemed necessary, as provided in the preceding section, the mayor and city council shall have the power to secure and adopt plans and specifications therefor, together with the estimated cost of the work, and thereupon, if the railroad company or companies across whose track or switches the work is proposed to be built, will assume three-fifths (3-5) of the entire cost thereof and three-fifths (3-5) of all damages to abutting property on account of construction of said viaduct, bridge, 'or tunnel, and secure to the city the payment of the necessary funds to meet it as the work progresses, in such manner and with such security as the mayor and the city council shall require, and when the payment of the further sum of one-fifth (1-5) of the money required for such improvement is arranged for in a manner satisfactory to said mayor and council, either by private donation or by execution of good and sufficient bond as will protect said city from the payment of said one-fifth (1-5) then the said mayor and council may proceed to contract with the necessary party or parties for the construction of such viaduct, bridge, or tunnel under the supervision of the board of public works of such city, and to provide for the payment of one-fifth (1-5) of the costs thereof by the city, by special tax on all taxable property in such city, and one-fifth (1-5) by special tax to property benefited, as provided in the following section, if not otherwise provided for.
SEC. 112. [Payment by city.]-The money necessary to pay for two-fifths (2-5) of the entire cost of any such viaduct, bridge or tunnel, which the city is to bear, shall be raised as follows, viz: one-fifth (1-5) of the entire cost of the work, or so much thereof as shall be covered by special benefits, shall be paid by special assessment or special taxation of real property benefited by said improvement, which benefits shall be appraised and assessed by the mayor and council upon property benefited, and according to benefits, and in such manner as said mayor and council shall direct and determine; such assessment to become due and payable within fifty days after the levy is made; and the payment of all such assessments shall be enforced in the same manner, and with like penalties for delinquencies, as are provided in the case of special assessments for the paving of streets in such city. And the remainder one-fifth (1-5), together with two-fifths (2-5) the cost of damages to abutting property, required to be paid, shall be paid by said city, and shall be paid out of a special fund created and raised for the purpose of defraying the cost of such improvement, and by a tax on all the taxable property within the city; and such tax to be levied when ordered by the mayor and council, and payable at the same time as the city taxes for general city purposes.
SEC. 113. [Street railways.]—The city, with the assent of the railroay company or companies aiding in the construction of any such viaduct, bridge or tunnel, as herein provided, may permit any street railway company to build its street railway track and operate its railway upon or through the same, upon such terms and conditions, and for such compensation as shall be agreed upon between the city and the street railway company. And the compensation paid for such use shall be set apart and used towards the maintenance of such viaduct, bridge, or tunnel.
SEC. 114. [Damages.]-Before entering upon the construction of any work contemplated by this act, the said mayor and council shall provide for assessing and appraising the damages, if any, sustained by property abutting on such improvements, from which appraisal of damages the owner shall have the right of appeal to the district court, as now provided by law in similar cases. The proceedings for ascertaining any such damages shall be the same as provided for in case of the change of grade of streets. And said damages shall be paid by the city, as provided in section two and three of this
SEC. 115. [Ordinances.]-The mayor and council of any such city shall have the power to pass any and all ordinances, not in conflict with this act, that may be necessary or proper for the construction, maintenance and protection of the works herein provided for.
CHAPTER 13 a.-CITIES OF THE FIRST CLASS.
ARTICLE I. CITIES OVER 25,000 INHABITANTS.
SECTION 1. Cities of first class.-That all cities having less than one hundred thousand (100,000) inhabitants, and more than twenty-five thousand inhabitants, shall be governed by the provisions of this act, and be known as cities of the first (1st) class. [1889, chap. 14. Amended 1891, chap 8, § 21.]
SEC. 2. Population.-Whenever a city of the second class shall have attained a population of more than twenty-five thousand (25,000) inhabitants and such fact shall have been duly certified to the Governor by the mayor of such city, attested by the seal thereof, he shall declare by public proclamation such city to be a city of the first class and subject to the provisions of this act.
SEC. 3. How organized.-The government of such city shall continue in authority from the date of such proclamation until the re-organization under this act. The mayor and council shall divide the city into not less than six wards, to take effect at the next annual municipal election.
SEC. 4. Corporate limits.-The corporate limits of such city shall remain as theretofore, and the mayor and council may by ordinance include therein all the territory contiguous or adjacent, which has been by the act, authority, or acquiescence of the owners subdivided into parcels containing not more than twenty acres, and the mayor and council shall have power, by ordinance, to compel the owners of lands so brought within the corporate limits to lay out streets, ways, and alleys to conform and be contiguous with the streets, ways, and alleys of such city (or otherwise as shall appear most for the convenience of the inhabitants of such city and the public), and they may vacate any public road heretofore established through such land when necessary to secure regularity in the general system of its public ways.
SEC. 5. Contiguous property.-Land shall be deemed contiguous to such city notwithstanding any stream or embankment, or any strip or parcel of land not more than two hundred (200) feet in width may lie between such land and the corporate limits of such city.
SEC. 6. Additions. The proprietor or proprietors of any land within the corporate limits of any city of the first class, or contiguous to the same, may lay out said lands into lots, blocks, streets, avenues, and alleys, and other grounds under the name of -addition to the city of and shall cause an accurate map or plat thereof to be made out designating explicitly the lands so laid out, and particularly describing the lots, blocks, streets, avenues, and alleys, and grounds belonging to such addition; the lots must be designated by numbers, and the streets, avenues, and other grounds by name or numbers,and such plat shall be acknowledged before some officer authorized to take the acknowledgment of deeds, and have appended a certificate made by some competent surveyor, that he has accurately surveyed such addition and that the lots, blocks, streets, avenues, alleys, parks, commons, and other grounds are well and accurately staked off and marked, and when such map or plat is so made out, acknowledged, and certified, and after being approved by the mayor and council, the same shall be filed and recorded in the office of the county clerk of the county, and thereupon such plat shall be equivalent to a deed in fee simple to said city from the proprietor of all streets, avenues, alleys, public squares, parks, and commons, and of such portion of the land as is therein set apart for public and city use, or is dedicated to charitable, religious, or educational purposes, and all additions thus laid out shall remain a part of said city, and all additions now or hereafter laid out
CHAPTER 13 a. "An act to incorporate cities of the first class and regulating their duties, powers, govern ment, and remedies." Passed and took effect Mar. 29, 1989. [Laws 1889, chap. 14.] This act takes the place of Chap. 13 a. as published in third edition of this compilation in 1887.