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estate belonging to any county, school district, municipal or other quasi-municap corporations abutting upon the street avenue or alley whereon paving 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, and in the event of the neglect or refusal of such board or other officers to pay such taxes or to levy and collect the taxes necessary to pay for such improvements the city may recover the amount of such special taxes in a proper action and the judgment thus obtained may be enforced in the usual manner. The word "lot," as used herein shall be taken to "Lot" defined. mean a "lot" as described and designated upon the recorded plat of any such city, and in case there is no recorded plat of any such city, it shall mean a lot as described and designated upon any generally recognized map of any such city. The word "Land” de"land" shall mean any subdivided real estate; Provided, That if the lots and real estate abutting upon real estate shall that part of the street ordered paved, repaved, or macadamized, as shown upon any recorded plat or map are not of uniform depth, or if for any other reason it shall appear just and proper to the mayor and council, they are authorized and empowered to determine and establish the depth to which such real estate shall be charged, and assess with the cost of the improvement, which shall be determined and established according to the benefits accruing to the property by reason of such improvements.
Real estate may be so charged and assessed to a greater depth than the lots, as shown on any such plat or map. The mayor and council may, in their ·
Depth to which
discretion, include all the real estate to be charged and assessed with the cost of such paving, repaving, macadamizing, or improvement in the paving districts in this section herein before provided for, but are not required to do so, and the mayor and council may, in their discretion, in determining whether the requisite majority of owners who are herein before authorized to petition for paving, repaving or macadamizing, and determine the kind of material to be used therefor, having joined in such petition and determination, consider, and take into account all the owners of real estate to be 'charged and assessed with the cost of improvement, or only such as own real estate that in fact abuts upon the part of the street or avenue proposed to be so improved. The provision of this section in regard to the depth to which the real estate may be charged and assessed shall apply to all special taxes that may be levied by the mayor and council in any such city, in proportion to the foot front. Whenever curbing or curbing and guttering is bonds; special done upon any street, avenue, or alley in any paving district in which paving has been ordered, and the mayor and council shall deem it expedient to so do, they shall have power and authority, for the purpose of paying the cost of such curbing, or curbing and guttering, to cause to be issued bonds of the city to be called "Curbing and Guttering Bonds of Paving District No. payable in not exceeding ten years from date, and to bear interest payable annually, not exceeding the rate of seven per cent per annum with interest coupons attached, and in all such cases, shall assess at one time the total cost of such curbing and guttering, or curbing,
action to re
as the case may be, upon the property abutting or adjacent to the portion of the street, avenue, or alley so improved, according to the special benefits, such assessments to become delinquent the same as the assessment of the special taxes for paving purposes, and to draw the same rate, be subject of interest, and to be subject to the same penalties, and may be paid in the same manner as special taxes for paving purposes, and the special tax so assessed shall constitute a sinking fund for the payment of said bonds and interest, and said bonds shall not be sold for less than their par value; Provided, That any party feeling aggrieved by under protest; any special tax or assessment or proceeding for grad-cover. ing, paving, curbing, or curbing and guttering, may pay the said special taxes assessed and levied upon his, her, or its property, or such installments thereof as may be due at any time before the same shall become delinquent, under protest, and with notice in writing to the city treasurer that he, she, or it intends to sue to recover the same back, which notice shall particularly state the alleged grievance, and the ground thereof; whereupon such party shall have the right to bring a civil action within sixty (60) days thereafter, and not later, to recover back so much of the special taxes paid as he, she, or it shows to be illegal, inequitable and unjust, the costs to follow the judgments or to be apportioned by the court as may seem proper, which remedy shall be exclusive. The city treasurer shall promptly report all such notices to the city council for such action as may be proper. No court shall entertain any complaint that the party was authorized to make and did not make to the city council sitting as a board of equal
ization, nor any complaint not specified in said notice fully enough to advise the city of the exact nature thereof, nor any complaint that does not go to the groundwork, equity, and justness of such tax. The burden of proof to show such tax, or part thereof, invalid, inequitable and unjust, shall rest upon the party who brings the suit.
SEC. 3. That section two thousand six hundred and sixty-three (2,663), and subdivision sixty-three (63) of section two thousand six hundred and sixtyfour (2,664) of chapter thirty-five (35) of the Con\solidated Statutes of Nebraska of 1891 be and the same are hereby repealed.
SEC. 4. Whereas an emergency exists, this act shall take effect and be in force from and after its passage.
Approved April 8, A. D. 1893.
[Senate File No. 13.]
div.15, sec. 2898, Consol. Sats.,
AN ACT to amend Subdivision Fifteen (15) of Section Twenty-eight Hundred and Ninety-two (2892) of Chapter Thirty-five (35) entitled Municipal Corporations, Consolidated Statutes of Nebraska, of 1891, and to repeal said original Subdivision Fifteen (15).
Be it Enacted by the Legislature of the State of
SECTION 1. That Subdivision number fifteen 1891; subdiv. 15, (15) of Section twenty-eight hundred and ninetychap. 14, Comp. two (2892) of Chapter thirty-five (35) entitled
sec. 69, art. 1,
Municipal Corporations, Consolidated Statutes of Nebraska, of 1891, be and the same is hereby amended to read as follows, viz:
and Cities of second
class; watercourses; wells,
Subdivision No. 15. To establish, alter change the channels of water courses and to them and cover them over; to establish, make and regulate wells, cisterns, windmills, aqueducts and reservoirs of water, and to provide for filling the
2. To make contracts with and authorize any water supply. person, company, or corporation to erect and maintain a system of water works and water supply, and to give such contractors the exclusive privilege for a term not exceeding twenty-five (25) years, to lay down in the streets and alleys of said city water mains and supply pipes and to furnish water to such city or village, and the residents thereof, and under such regulations as to price, supply, rent of water meters as the council or board of trustees may from time to time prescribe by ordinance for the protection of the city, village, or people. The right to supervise and control such corporation as above shall not be waived or set aside.
To provide for the purchase of steam engines or Fire protection. fire extinguishing apparatus and for a supply of water for the purpose of fire protection and public use and for the use of inhabitants of such cities and villages by the purchase, erection or construction of a system of water works and by maintaining the same; Provided, That all contracts for the Contracts for erection or construction of any such work or any part thereof, shall be let to the lowest responsible bidder therefor, upon not less than twenty days public notice of the terms and conditions upon which the contract is to be let, having been given by publication in a newspaper published in said city or village, and if no newspaper is published
construction of waterworks.