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in the city, for which, or any part thereof, a special tax shall be levied, shall be done by contract with the lowest responsible bidder, to be determined by the council.
SEC. 56. [Draining.]—The mayor and council shall also have power to require any and all lots or pieces of ground within the city to be drained or filled, so as to prevent stagnant water or any other nuisance accumulating thereon; and upon the failure of the owners of such lots or pieces of ground to fill or drain the same when so required, the council may cause such lots or pieces of ground to be drained or filled, and the cost and the expense thereof shall be levied upon the property so filled or drained, and collected as other special taxes.
SEC. 57. [Lighting railways.]-The mayor and council shall have power to require the lighting of any railway within the city, the cars of which are propelled by steam, in such manner as they shall prescribe, and may fix and determine the number, style, and size of the lamp posts, burners, lamps, and all other fixtures and apparatus necessary for such lighting, and the points of location for such lamp posts; and in case the company owning or operating such railway shall fail to comply with such requirements, the council may cause the same to be done and may assess the expense thereof against such company, and the same shall constitute a lien on any real estate belonging to such company and lying within such city, and may be collected in the manner as taxes for general purposes; to require railroad companies to keep flagmen at all railroad crossings of streets, and to provide protection against the injury to persons and property in the use of such railroads; to compel any railroad to raise or lower their railroad tracks to conform to the general grade which may at any time be established by such city, and where such tracks run lengthwise through or over any street, alley, or highway, to keep the same level with the street surface; to compel and require railroad companies to keep open the streets, and to keep in repair ditches, drains, sewers, and culverts along and under their railroad tracks.
SEC. 58. [Sewer taxes.]-Special taxes may be levied by the mayor and council for the purpose of paying the cost of constructing sewers or drains within the city, such taxes to be levied on the real estate lying and being within the sewerage dis tricts in which such sewer or drain may be situated, to the extent of benefits to such property by reason of such improvement, the benefits to such property to be determined by the council, sitting as a board of equalization, after notice to property owners as in other cases of special assessment provided, and in cases where the council, sitting as such board of equalization, shall find such benefits to be equal and uniform, such levy may be according to the front foot of the lots or real estate within such sewerage district, or according to such other rule as the council, sitting as a board of equalization, may adopt for the distribution or adjustment of such cost, upon the lots or real estate in such district benefited by such improvement, and all taxes or assessments made for sewerage or draining purposes shall be collected in the same manner as other special assessments, and shall be subject to the same penalty. And when sewers are constructed and any assessment to cover the cost thereof shall be declared void, or doubts exist to the valid ity of such assessment, the mayor and council, for the purpose of paying the cost of such improvement, are hereby authorized and empowered to make a re-assessment of such costs on the lots or real estate lying and being within the sewerage district in which any such sewer may be situated to the extent of the benefits to such property by reason of such improvement, and such re-assessment shall be made substantially in the manner provided for making original assessments of like nature as herein provided, and any sums which may have been paid toward said improvement, upon any lots or real estate included in such re-assessment, shall be applied under direction of the council, to the credit of the persons and property on account of which the same was paid, and in case the credit shall exceed the sum re-assessed against such persons and property as herein provided for, the council shall cause such excess, with lawful interest, to be refunded to the party who made payment thereof, and the taxes so re-assessed, and not paid under a prior assessment, shall be collected and enforced in the same manner as other special taxes, and shall be subject to the same penalty. [Amended 1887, chap. 14.]
SEC. 59. [Special assessments.]-Special assessments shall not be levied in any one fiscal year upon any lot or piece of ground in the city, to an amount exceeding in the aggregate five per cent. of the value of such lot or piece of ground at the close of such fiscal year, such value to be determined by three disinterested freeholders, to be appointed by the mayor and council as commissioners for that purpose in every case of complaint of excessive assessment.
SEC. 60. [Finances.]-The mayor and council shall cause to be published semiannually a statement of the receipts of the city and sources thereof, and an itemized account of the expenditures and the financial condition of the city.
SEC. 61. [Witnesses.]-The council or any committee of the members thereof shall have the 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. 62. [Fines.]-Fines may in all cases, and in addition to any other mode provided, be recovered by suit or action before a justice of the peace, or other court of competent jurisdiction, in the name of the state. And in any such suit or action, when pleading is necessary, it shall be sufficient to declare generally for the amount claimed to be due in respect to the violation of the ordinance referring to its title and the date of its adoption or passage, and showing as near as may be the facts of the alleged violation.
SEC. 63. [County jail.]—Any city shall have the right to use the jail of the county for the confinement of such persons as may be liable to imprisonment under the ordinances of said city, but it shall be liable to the county for the cost of keeping such prisoners.
SEC. 64. [Fines-Limitation.]-All suits for the recovery of any fine and prosecution for the commission of any offense, made punishable as herein provided, shall be barred in one year after the commission of the offense for which the fine is sought to be recovered, or the prosecution is commenced.
SEC. 65. [Jurisdiction of mayor.]-The mayor shall have such jurisdiction as may be vested in him by ordinance, over all places within five miles of the corporate limits of the city, for the enforcement of health or quarantine ordinance, and regulation thereof, and shall have jurisdiction in all matters vested in him by ordinance, excepting taxation, within one-half mile of the corporate limits of said city.
SEC. 66. [Bonds for sewers and waterworks.]—The mayor and council shall have power to borrow money and pledge the property and credit of the city upon its negotiable bonds or otherwise to an amount not exceeding in the aggregate one hundred thousand ($100,000) dollars, for the purpose of constructing or aiding in the construction of a system of sewerage, authority therefor having first been obtained by a majority vote of the people at an election or elections upon a proposition or propositions submitted in the manner provided by law for the submission of propositions to aid in the construction of railroads and other works of internal improvement; and to borrow money and pledge the property and credit of the city in the manner aforesaid, and upon being authorized as aforesaid, to an amount not exceeding one hundred and twenty-five thousand ($125,000) dollars, for the purpose of constructing, maintaining, extending, and operating a system of waterworks for said city. The indebtedness authorized by this act shall be the limit of liability which any city governed thereby shall in any manner contract for the purpose aforesaid, and shall include all indebtedness previously contracted for said purposes. [Amended 1891, chap. 12.]
SEC. 67. [Same-Vote of People.]-Before submitting any proposition for borrowing of money for either of the purposes mentioned in the preceding section, the mayor and council shall determine upon and adopt a system of sewerage, or of waterworks as the case may be, and shall procure from the city engineer an estimate of the actual cost of such system and of the cost of so much thereof as the mayor and council may propose to
SEC. 66, Authority to issue bonds must be conferred by majority vote of people at election of which four weeks notice is given by publication in newspaper. 25 Neb. 501.
construct, with the amount proposed to be borrowed and the plans of such system, and such estimate shall be placed and remain in the hands of the city clerk, subject to public inspection during all the time such proposition to borrow money shall be pending. After such system shall have been adopted no change shall be made therein involving an expense of more than five hundred dollars, nor shall any other system be adopted in lieu thereof, unless authorized by a vote of the people.
SEC. 68. [Same-Waterworks.]-When a system of waterworks shall have been adopted and the people shall have voted to borrow money to aid in their construction as aforesaid, the mayor and council may erect, construct, and maintain such system of waterworks, either within or without the corporate limits of the city, and make all needful rules and regulations concerning the use of such waterworks, and to do all acts necessary for the construction, completion, and management and control of the same not inconsistent with this act, including the taking of private property for public use for the construction and operation of the same, compensation to be ascertained and made therefor in the manner provided by law for acquiring the right of way and depot grounds for railroad companies by the exercise of the right of eminent domain.
SEC. 69. [Same-Contracts.]-In case such aid shall not be voted by the people in the manner aforesaid, the mayor and council may contract with and procure individuals or corporations to construct and maintain a system of waterworks in such city for any time not exceeding twenty years from the date of the contract, and with a reservation to the city of the right to purchase such waterworks at any time after the lapse of ten years from the date of the contract, upon payment to such individuals or corporation of an amount to be determined from the contract, not exceeding the cost of construction of such waterworks; in other respects such contract may be upon such terms as may be agreed upon by a two-thirds vote of the mayor and council, entered upon the minutes; Provided, That no such contract shall be made unless thereunto authorized by a majority vote of the legal voters of said city, at a special election called for such purpose.
SEC. 70. [Bonds-Interest.]-No bonds issued by the city for any purpose shall draw interest at a greater rate than six per cent. per annum, nor sold for less than par or face value.
SEC. 71. [Same-Redemption.]—All bonds issued by the mayor and council shall be redeemable at the option of the city at any time after five years from their date.
SEC. 72. [Water commissioner.]-Before the mayor and council shall enter upon the construction of any system of waterworks, a water commissioner shall be appointed, who shall give bonds in not less than the sum of five thousand dollars.
SEC. 73. [Same-Duties.]-Such water commissioner, under the direction and supervision of the mayor and council, shall have general management and control of such system of waterworks, and of the erection and construction of the same, fixing the rates within such limits as may be prescribed by ordinance, to be paid by the inhabitants of the city for the use of water, water-meters, and hydrants. It shall be his duty to collect all moneys receivable by the city, on account of said system of waterworks, and to faithfully account for the same and pay the same over to the treasurer, taking his receipts therefor in duplicate, and filing one of the same with the city clerk; to make a detailed report to the council at least once in six months of the condition of said water system, and of all mains, pipes, hydrants, reservoirs, and machinery, and recommending such improvements, repairs, and extensions thereof as he may think proper, and showing the amount of the receipts and expenditures thereof for the preceding six months, and no money shall be expended upon or for the erection, construction, improvement, or extension of said system of waterworks except upon the written recommendation of such water commissioner, nor shall any bill or claim for any work or material done or furnished for said system of waterworks be paid or allowed in whole or in part, except as the same shall have been first audited and allowed by said water commissioner
water commissioner shall perform such other duties as may be required of him by ordinance, and upon his recommendation the mayor and council may employ such laborers and clerks as to them may appear necessary.
SEC. 74. [Council or mayor not eligible.]-No member of the council or the mayor shall be eligible to the office of water commissioner during the term for which he shall be elected.
SEC. 75. [Tax for sewerage and waterworks.]-When any bonds shall have been issued by the city for the purpose of constructing or aiding in the construction of a system of waterworks or a system of sewerage, there shall thereafter be levied annually upon all the taxable property of said city a tax of not less than one mill nor more than two mills for every twenty thousand dollars of bonds so issued, which shall be known as the waterworks tax, or sewerage tax, as the case may be, and shall be pay. able only in money. The proceeds of such tax, together with all income received by the city from the waterworks and from the payment and collection of water rent, taxes, and rates or assessments, and shall first be applied to the payment of the current expenses of waterworks and interest on money borrowed and bonds issued for their construction, and the surplus, if any, shall be retained as a sinking fund for the payment of such loans or bonds at maturity.
SEC. 76. [Repealed by the provisions of an act entitled "An act to repeal section 76, of article 2, of chapter 14, of compiled statutes of 1881, entitled, Cities of the second class and villages,' and to amend section 25, of chapter 76, of the compiled statutes of 1881, entitled, registration of voters," Laws 1887, Chap. 13.]
SEC. 77. [Liquors.]—The mayor and council may by ordinance license, restrain, regulate, or prohibit the selling or giving away of malt, spirituous, or vinous, mixed, or fermented intoxicating liquors, the license not to extend beyond the municipal year for which it shall be granted, and to determine the amount to be paid for such license not less than the minimum sum required by any general law upon the subject; Provided, That special permits may be granted to druggists for the sale of liquors for medicinal and mechanical purposes; And provided further, That all such licensees, except druggists, shall be required to give bonds in all respects, and they and their sureties shall be liable on such boods in all respects, as in case of persons to whom licenses for the sale of intoxicating liquors are or may be granted by county boards, and all the restrictions, regulations, forfeitures, and penalties provided by law, respecting the sale of liquors by persons licensed therefor by the county boards, shall apply to and govern persons, except druggists, licensed by virtue of this section, and any person selling or giving away in said city any liquor of the description mentioned in this section without first having complied with such regulations, and procured a license or permit therefor, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined in any sum not more than one hundred dollars for each offense, and be committed to the city jail until such fines and costs are paid; Provided, That any permits issued to a druggist may be revoked by the council at pleasure; And further, That any license issued by the mayor and council for any purpose mentioned in this section may be revoked by the mayor and council upon convi tion of the licensee of any violation of any law, ordinance, or regulation pertaining to the sale of such liquors.
SEC. 78. [Delinquent taxes.]-When any city personalty tax shall have been delinquent for the term of six months or longer, the mayor or council may, if they see fit, appoint one or more delinquent tax collectors, who shall serve during the pleas ure of the mayor and council, and shall have the same powers, and receive the same compensation for the collection of such taxes as the county treasurer would have had or done in case such appointment had not been made. All taxes received by such collectors shall be paid over to the county treasurer at least every week, and the county treasurer shall be entitled to no compensation in relation to moneys so collected; but such appointment shall not deprive the county treasurer of any of his powers or duties,
or relieve him of any obligation with respect to the collection of such delinquent taxes as shall not be in fact collected by such collectors. The mayor and council may by a three-fourths vote increase the compensation of such delinquent tax collectors to an amount not exceeding ten per cent. of any tax or taxes collected by him or them. The county treasurer shall, whenever required by a vote of the city council, make and furnish to them a detailed statement of all delinquent city taxes appearing upon any of the records of his office.
SEC. 79. [Payment of taxes.]-All taxes levied for the purpose of raising money to pay the interest or to create a sinking fund for the payment of the principal of any funded or bonded debt of the city, shall be payable in money only, and except as otherwise expressly provided, no moneys so obtained shall be used for any other purpose than the payment of the interest or debt for the payment of which they shall have been raised; Provided, That such sinking fund may, under the direction of the mayor and council, be invested in any of the under-due bonds issued by the city, provided they can be procured by the treasurer at such rate or premium as shall be prescribed by ordinance; And provided further, That any due or over-due bond or coupon shall be a sufficient warrant or order for the payment of the same by the treasurer out of any fund specifically created for that purpose, without any further order or allowance by the mayor or council.
SEC. 80. [Printer's fees.]-The mayor and council shall not allow or pay for the printing of any notice, advertisement, or publication in any newspaper any greater sum or rate than twenty-five cents per square of unleaded nonpareil type.
SEC. 81. [Special engineer.]-The mayor and council may, whenever they deem it expedient, employ a special engineer to make or assist in making any particular estimate or estimates, survey or surveys; and any estimate or survey made by such special engineer shall have the same validity, and serve in all respects as though the same had been made by the city engineer.
SEC. 82. [Jurisdiction of police judge.]-The police judge shall have exclusive jurisdiction to hear and determine all offenses against the ordinances of the city, and concurrent and co-extensive jurisdiction with county courts of all ordinary civil actions and criminal proceedings; and all provisions of law relative to practice, process, and judgments, and appeals therefrom, and stays of execution relative to county courts, shall apply to and govern the police court in civil actions, and summons in civil action shall be returnable, and such cases shall stand for trial as in justice's courts.
SEC. 83. [Complaints.]-Whenever complaint shall be made to the police judge on oath or affirmation of any person competent to testify against the accused that an offense has been committed, of which the police judge has jurisdiction, the police judge shall forthwith issue a warrant for the arrest of the offender, which warrant shall be served by the city marshal, or the sheriff, or a constable of the county, or some person specially appointed by the police judge for that purpose.
SEC. 84. [Fines and penalties.]-All fines and penalties collected, arising from a breach of ordinances of the city, shall be paid to the city treasurer; and all fines and penalties collected, arising from misdemeanors under the laws of the state, shall be paid to the county treasurer; and the police judge shall report at the end of cach calendar month a list of all cases for violation of city ordinances, instituted in his court, and the disposition thereof, with a statement of the fines, penalties, and costs, by him received, and shall at the end of each month pay to the city treasurer all such fines by him received, and in the event that the police judge shall fail to make report as herein provided, for the period of ten days, his office shall be declared vacant.
SEC. 85. [Trial.]-When any person shall be brought before the police judge upon such warrant, it shall be his duty to hear and determine the complaint alleged against the defendant.
SEC. 86. [Recognizance.]—Upon good cause shown, the police judge may
SEC. 82. Police judge has no jurisdiction in civil cases. 16 Neb. 333.