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Book of registration shall be de

County clerk.

tion shall be deposited with the county clerk of his posited with county, and when the book of registration has been

substantially filed, said registrar, upon depositing the same with the county clerk is hereby authorized to draw another.

Sec. 3. Section 20 of chapter 76, Compiled Statutes of 1881, entitled, “Registration of voters," and all acts or parts of acts inconsistent with this act are hereby repealed.

SEC. 4. Whereas, an emergency exists, this act shall take effect and be in force from and after its passage.

Approved March 23, 1887.

Emergency clause.

CHAPTER 14.

CITIES OF THE SECOND CLASS AND VILLAGES.

Section.
3, Section repealed.

Section.

1. Sections amended.
2. Amendment of section 52, of

article 2, of chapter 14, Com-
piled Statutes.

AN ACT to amend section 27 and 58, and to add subdivisions LVIII.

and LIX. to sections 52, of article 2, of chapter 14, of the Compiled Statutes relating to “Cities of the second class," havingover five thousand (5000) inbabitants, and to repeal said original sections 27 and 58 and all acts and parts of acts in conflict with this act.

Be it enacted by the Legislature of the State of Ne

braska:

SECTION 1. That section 27, of article 2, of chapter 14, of the Compiled Statutes of Nebraska,

Section cmended.

.

in regard to cities of the second class, having over five thousand (5000) inhabitants, be amended to read as follows:

Sec. 27. The city engineer shall make estimates Duties of city of the cost of labor and materials, which may be done or furnished by contract with the city, and make all surveys, estimates and calculations, necessary to be made for the establishment of grades, building of culverts, sewers, water works, bridges, curbings and gutters, and the improvement of streets and erection and repair of buildings, and shall perform such other duties as the council may require;

Provided, however, That the Mayor and council may whenever they deem it expedient, employ a special engineer to make or assist in making any particular estimate or survey and any estimate or survey made by such special engineer, shall have Special the same validity and serve in all respects as though the same had been made by the city engi

Before the city council shall make any contract for building water works, or any part thereof, or any sewers, bridges or sidewalks, or for any work on the streets, or for any other work or improvement, an estimate of the cost thereof shall be made Engineer's by the city engineer, and submitted to the council govern cost of and no contract shall be entered into for

any

work or improvement for a price exceeding such estimate; and in advertising for bids for any such work, the council shall cause the amount of such estimate to be published therewith. Such advertisements shall Estimates shall be for at least twenty days in some newspaper published in the city.

engineer.

neer.

Section 52 amended,

Powers of city council.

SEC. 2. That section 52 of article 2, of chapter 14 of the Compiled Statutes, relating to cities of the second class having over five thousand (5,000) inhabitants, be amended by adding thereto the following subdivisions LVIII. and LIX.:

LVIII. The city council shall have power to open, extend, widen, narrow, grade, curb, gutter, and pave, or otherwise improve and keep in good repair, or cause the same to be done, in any manner they may deem proper, any street, avenue, or alley within the limits of the city, and may grade partially, or to the established grade or part, or otherwise improve any width or part

width or part of any such street, avenue, or alley, and may also construct and repair, or cause and compel the construction and repair of sidewalks in such city, of such material and in such manner as they may deem proper and necessary, and to defray the cost and expense of such improvements or any of them. The mayor and council of such city shall have power and authority to levy and collect special taxes and assessments upon the lots and pieces of ground adjacent to or abutting upon the street, avenue, alley, or sidewalk thus in whole or part opened, widened, curbed, guttered, graded, parked, extended, constructed, or otherwise improved or repaired, or which may be specifically benefited by any of said improvements;

Provided, That the above provisions shall not apply to ordinary repairs of streets or alleys, and one-half of the expense of bringing streets, avenues, alleys, or parts thereof to the established grade shall be paid out of the general or road fund of the city;

Ordinary repairs.

owners.

established.

Provided, further, That where any street is to be Petition by graded under the provisions of this section, but not to the established grade, it shall be done only after the owners representing a majority of the front feet of the property abutting on the part of such street to be so partially graded, shall have petitioned the city council for such to be done;

Provided, further, That in case the grade of any Grade pot street or part of street used by the public shall not have been established, or in case any street or part thereof shall not have been worked to grade, then, and in such case, the owner or owners of any lot, lots, or lands abutting on such streets or portion thereof, as aforesaid, may only be required to construct or repair the sidewalks along such street or part thereof, with plank, as the council may direct in such case; and Provided, further, That in case the owner or Failure to re,

pair sidewalks owners of any such lot, lots, or land abutting on such street or portion thereof shall fail to construct or repair such sidewalks in the manner and within the time as directed and required by the council in each case, after having received due notice to do so, they shall be liable for all damages or injury occasioned by reason of the defective or dangerous condition of

any

such sidewalk; and Provided, further, That curbing and guttering Petition of shall not be ordered or required to be laid on any street, avenue, or alley not ordered to be paved, except on the petition of a majority of the owners of the property abutting along the line of that portion of the street, avenue, or alley to be curbed and

property owners.

Powers and duties of Mayor and council,

guttered. The mayor and council of any city governed by this act shall have power to pave, repave, or macadam any street or alley or part thereof in any city, and for that purpose to create suitable paving districts which shall be consecutively numbered, such work to be done under contract and under the superintendence of the board of public works of the city; whenever the owners of lots or lands abutting upon the s reets or alleys within

any paving district representing a majority of feet front thereon, shall petition the council to pave, repave, or macadam such streets or alleys, it shall be the duty of the mayor and council to pave, repave or macadam the same, and in all cases of paving, repaving and macadamizing, there shall be used such material as such majority of owners shall determine upon;

Provided, The council shall be notified in writing, by said owners, of such determination, within thirty days next after the passage and approval of the ordinance ordering such paving, repaving, or macadamizing. In case such owners fail to designate the material they desire used in such paving, repaving, or macadamizing, in the manner and within the time above provided, the mayor and council shall determine upon the material to be used.

The cost of paving, macadamizing, or repaving the streets and alleys within any paving districts, except the intersections of streets and space opposite alleys within such districts, shall be assessed upon the lots and lands abutting upon the streets

Choice of material for paving.

Assessment.

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