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SEC. 86. [Treasurer's report.]-The treasurer shall at the end of each and every month, and oftener if required, render an account to the mayor and city council, or such officer as the council may designate, showing the state of the treasury at the date of such account, and the balance of money in the treasury. He shall also accompany such accounts with a statement of all moneys received into the treasury, and on what account, together with all warrants redeemed, and paid by him; which said warrants, with any and all vouchers held by him, shall be delivered to the clerk and filed with his said account in the clerk's office upon every day of such settlement. He shall return all warrants paid by him, stamped or marked "paid," and shall give a list of said warrants, stating the number and amount of each.

SEC. 87. [Public moneys.]-The treasurer shall keep all moneys in his hands, belonging to the city, separate and distinct from his own moneys; and he is hereby expressly prohibited from using, either directly or indirectly, the corporation money or warrants in his custody and keeping for his own use and benefit, or that of any other person or persons whomsoever.

[Removal of treasurer.]—Any violation of this provision shall subject him to immediate removal from office by the city council who are hereby authorized to declare such office vacant; and the city council shall appoint a successor, who shall hold his office for the remainder of the term unexpired of such officer so removed.

SEC. 88. [Annual report of treasurer.]-The treasurer shall report to the mayor and council annually, and oftener if required, at such time as may be prescribed by ordinance, a full and detailed account of all receipts and expenditures during the preceding fiscal year, and the state of the treasury. He shall also keep a register of all warrants redeemed and paid during the year, describing such warrants, their date, amount, number, the fund from which paid, and person to whom paid, specifying also the time of payment; and all such warrants shall be examined by the finance committee at the time of making such annual report.

SEC. 89. [Diversion of money from fund.]-Each and every fund created by this act shall be strictly devoted to the purposes for which it was created, and shall not be diverted therefrom, and any member of the city council voting to so divert the money in any fund, shall be liable on his official bond for the amount so diverted.

SEC. 90. [Special funds.]—All moneys received on any special assessment shall be held by the treasurer as a special fund, to be applied to the payment of the improvement for which the assessment was made; and such money shall be used for no other purpose whatever.

SEC. 91. [Treasurer's bond-Liability of sureties.]-The treasurer shall be collector of taxes for the city, and shall give bonds in a sum not less than one hundred thousand dollars, to be approved by the mayor and council, for the honest and faithful performance of the duties of his office; said bond to be filed and recorded in the office of the city clerk. The treasurer and his sureties shall be liable on his official bond for all taxes and assessments not collected by him according to law, whenever such taxes or assessments remain uncollected by him, by reason of any neglect of duty, want of due diligence or failure on his part to comply with the laws and ordinances relating to the collection of taxes.

SEC. 92. [Duties of marshal.]-The marshal shall be the principal ministerial officer of the corporation, and may appoint one or more deputies, for whose official acts he shall be responsible; he shall by himself, or deputy, execute and return all writs and process issued by the police judge; he shall attend on the sitting of the police court and preserve order therein; and his jurisdiction, and that of his deputies in the service of process in all criminal cases, and in cases for violation of the city ordinances, shall be co-extensive with the county.

SEC. 93. [Powers and duties of marshal.]-He shall suppress all riots, disturbances and breaches of the peace, and to that end, may call on any person to aid him; he may pursue and arrest any person fleeing from justice in any part

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of the state, and shall forthwith bring all persons by him arrested, before the police judge for trial or examination; he may receive and execute any proper authority for the arrest and detention of criminals fleeing or escaping from other places or states.

SEC. 94. [Same-Responsibilities.]-He shall have, in the discharge of his proper duties, like powers, be subject to like responsibilities, as sheriff in similar cases.

SEC. 95. [Marshal shall direct police.]-The marshal shall have the supervision and control of the police force of the city, and in that connection he shall be subject only to the orders of the mayor, and all orders of the mayor relating to the direction of the police force, shall be given through the marshal, or in his absence, the officer in charge of the police force.

SEC. 96. [Powers and duties of policemen.]-The policemen of the city shall have the same power as constables in arresting all offenders against the laws of the state, and in like manner may arrest all offenders against the ordinances of the city. In the discharge of their duty as policemen, they shall be subject to the immediate orders of the marshal only.

SEC. 97. [Powers and duties not herein provided for.]-When, by this act, the power is conferred upon the mayor and council to do and perform any act or thing, and the manner of exercising such power is not specially pointed out, the mayor and council may provide by ordinance the details necessary for the full exercise of such power.

SEC. 98. [Additional powers and duties.]-The duties, powers and privileges of all officers of every character, in any way connected with the city government, not herein defined, shall be defined by ordinance, and the defining by this act of the duties of any city officer, shall not preclude the mayor and council from defining by ordinance further and additional duties to be performed by any such officer.

SEC. 99. [Defense of suits by private parties.]-In any and all suits at law or in equity that may be brought against any city of the first class, if the said city shall refuse or neglect to defend the same, any resident taxpayer may, in behalf of the city, defend said suit at the cost of said city, not including attorney's fees.

SEC. 100. [Exemptions Judgments.]-Lands, houses, moneys, debts due the city, and property and assets of every description belonging to any city governed by this act, shall be exempted from taxation, execution and sale; judgments against such city shall be paid out of the general fund, or if the council so determine, by a tax to be levied at the time of the annual levy, on all the taxable property within the city limits.

SEC. 101. [Payment of fines and penalties into the city treasury.]-All fines and penalties, and forfeitures, collected for offenses against the ordinances of the city or for misdemeanors against the laws of this state, committed within any city of the first class, shall, unless otherwise provided by law, be paid by the person receiving the same, to the city treasurer of said city; and any person receiving such fine, penalties or forfeitures, who shall fail to pay the same over as above provided, within thirty days after the receipt of the same by him, or within ten days after being requested by the mayor so to do, shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be punished by a fine of not to exceed one thousand dollars and imprisonment not to exceed six months in the county jail.

SEC. 102. [Salary of officers-Mayor-Police judge-TreasurerMarshal-City clerk-Policemen-Councilmen.]-The several officers hereinafter named, of any city of the first class, shall receive the following compensation for their services, and no more directly or indirectly, to wit: First. The mayor shall receive the sum of twelve hundred dollars per annum. Second. The police judge shall receive a salary of fifteen hundred dollars per annum. Third. The treasurer shall receive the sum of fourteen hundred dollars per annum, and

such further compensation, or fees, as may be provided by law, which shall be in full for his own services and the services of any deputy or assistant that may be necessary for the proper transaction of the business of his office. Fourth. The marshal shall receive the sum of ten hundred dollars per annum, which shall be full compensation for himself and deputy. Fifth. The city clerk shall receive the sum of twelve hundred dollars per annum, which shall be in full for the services of himself and deputy or assistant that may be necessary for the transaction of the business of his office, except an assistant for council meetings, which assistant may be paid extra in the discretion of the council. Sixth. Each policeman shall receive a sum not exceeding seventy dollars per month, to be fixed by ordinance. No policeman shall be allowed any fee or fees as a witness in any case tried in the police court. Seventh. The council may appropriate a sum not exceeding in the aggregate two hundred dollars in any one month, for services rendered in the preceding month by the members of the city council as such, on committee or otherwise.

SEC. 103. [No additional compensation.]—No officer shall directly or indirectly be allowed any further or greater compensation for his official services than is allowed herein, nor shall any officer named herein, take or receive therefor, directly or indirectly, any further or greater compensation than is provided as aforesaid.

SEC. 104. [Penalty for taking or procuring extra compensation.]—If any such officer shall violate any of the foregoing provisions of this act, or if any member of the council shall vote for any further allowance to any officer whose salary is fixed by this act, or to the members of the council, he shall be deemed guilty of a misdemeanor in office, and upon conviction thereof in a court of competent jurisdiction, shall be fined in a sum not exceeding one thousand dollars, and be imprisoned in the county jail not exceeding one year; and he shall moreover be removed from office by the court rendering judgment of conviction against him.

SEC. 105. [No officer to be interested in contracts--Penalty for bribery.]-Any officer of the city or member of the city council who shall, by himself or agent, become a party to, or in any way interested in any contract, work or letting under the authority and by the action of the city council, or who shall either directly or indirectly, by himself or other party, accept or receive any valuable consideration or promise for his influence or vote, and every person who shall offer such valuable consideration to such officer for his influence or vote, shall be fined in any sum not less than one hundred dollars nor more than one thousand dollars.

SEC. 106. [Repealing clause.]-That an act to incorporate cities of the first class, approved March 28, 1873; an act amendatory thereof, approved February 23, 1875; an act amendatory thereof, approved February 13, 1877; an act amendatory thereof approved February 27, 1879, and all acts and parts of acts inconsistent herewith, be and the same are hereby repealed.

Ec. 107. [Emergency clause. Act took effect March 1. 1881.

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

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.

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.]

CHAPTER 14.-CITIES OF THE SECOND CLASS AND VILLAGES.*

CITIES OF THE SECOND CLASS.

SECTION 1. [Inhabitants required.]-All cities, towns, and villages containing more than fifteen hundred and less than twenty-five thousand inhabitants shall be cities of the second class, and be governed by the provisions of this chapter, unless they shall adopt a village government as hereinafter provided. [1879, 193. Amended and took effect Feb. 14, 1881.]

SEC. 2. [Wards.]—Each city of the second class shall be divided into not less than two nor more than six wards, as may be provided by ordinance of the city council thereof, and each ward shall contain, as nearly as practicable, an equal number of legal voters, and an area as equal to each other as practicable.

SEC. 3. [Council.]-The council of each city of the second class shall consist of not less than four nor more than twelve citizens of said city, who shall be qualified electors and tax payers under the constitution and laws of the state of Nebraska.

SEC. 4. [Councilmen.]-Each ward in each city shall have at least two councilmen, who shall be chosen by the qualified electors of their respective wards, and who shall serve for two years and until their,successors shall be elected and qualified; and no person shall be eligible to the office of councilman who is not at the time of his election an actual resident of the ward for which he is elected, and a qualified elector under the constitution and laws of the state of Nebraska; and if any councilman shall remove from the ward for which he is elected, his office as a councilman shall thereby become vacated; Provided, At the first general city election under this chapter, there shall be two councilmen elected from each ward, the one receiving the greatest number of votes shall serve for two years, and the one receiving the next highest number of votes shall serve for one year, and one councilman for each ward at each annual election thereafter.

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.

*NOTE. "An act to provide for the organization, government and rowers of cities and villages;" passed March 1, 1879, and taking effect September 1, 1879. [Laws pp. 193-237.] The act is constitutional. 10 Neb. 206. Nor does it repeal ordinances existing at the time of its passage. 10 Neb. 538.

Whenever there shall be a tie in the election of councilmen, it shall be determined by lot by judges of election of the ward in which it shall happen.

SEC. 5. [Meetings.]-Regular meetings of the city council shall be held at such times as the council may provide by ordinance.

SEC. 6. [Officers.]-At the time of holding the general city election in each year, there shall be elected a mayor, a clerk, a treasurer, a city engineer, and the councilmen hereinbefore provided for, and a police judge shall be elected at each biennial city election; and the mayor with the consent of the council may appoint a city attorney and an overseer of streets, who shall hold their offices for one year unless sooner removed by the mayor with the advice and consent of the council. The mayor, by and with the consent of the council, shall appoint such a number of regular policemen as may be necessary, and may also appoint special policemen from time to time as exigencies arise. All police officers appointed by the mayor and council, in accordance herewith, shall be removable at any time by the mayor. [Amended and took effect March 2, 1881.]

SEC. 7. [Salaries.]-The salaries of all officers of the city shall be fixed by ordinance, not exceeding the following amounts respectively; clerk, three hundred ($300) dollars per year; treasurer, three hundred ($300) dollars per year; city engineer, four dollars ($4.00) per day for actual services, but not exceeding three hundred ($300) dollars per year. Overseers of streets, two [dollars] ($2.00) per day for actual services, but not exceeding three hundred dollars ($300) per year; city attorney, two hundred and fifty dollars ($250) per year; chief of police, sixty-five dollars ($65) per month, which shall include his compensation as overseer of streets; policemen, fifty-five dollars ($55) per month; mayor, two hundred dollars ($200) per year, and councilmen, each the sum of fifty dollars ($50) per year. All other officers and employees of the city shall receive such compensation as the mayor and council may fix at the time of their appointment or employment. [Amended and took effect March 2, 1881.]

SEC. 8. [Fees of police judge.]-The police judge shall receive the same fees as justices of the peace for similar services.

SEC. 9. [Qualifications.]-All officers shall be qualified electors and tax payers and reside within the limits of the city.

SEC. 10. [Duties of mayor.]-The mayor shall preside at all meetings of the city council, and shall have a casting vote when the council is equally divided, and none other, and shall have the superintending control of all the officers and affairs of the city, and shall take care that the ordinances of the city and of this chapter are complied with.

SEC. 11. [Veto power.]-The mayor shall have power to veto or sign any ordinance passed by the city council; Provided, That any ordinance vetoed by the mayor may be passed over his veto by a vote of two-thirds of the members of the council elected, notwithstanding the veto; and should the mayor neglect or refuse to sign any ordinance, and return the same with his objections, in writing, at the next regular meeting of the council, the same shall become a law without his signature.

SEC. 12. [Mayor's message.]-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 of the city, the police, health, security, ornament, comfort, and general prosperity of the city.

SEC. 13. [Special meeting of council.]-The mayor, or any three councilmen, shall have power to call special meetings of the city council, the object of which shall be submitted to the council in writing, and the call, and object, as well as the disposition thereof, shall be entered upon the journal by the clerk.

SEC. 14. [Reports of officers.]-The mayor shall have the power, when he deems it necessary, to require any officer of the city to exhibit his accounts or other papers, and to make reports to the council in writing, touching any subject or matter he may require pertaining to his office.

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