THE UNIVERSITY OF ILLINOIS LIBRARY 55:^.07a^ Digitized by the Internet Archive in 2017 with funding from University of Illinois Urbana-Champaign Alternates https://archive.org/details/revisedordinanceOOIinc REVISED ORDINANCES OF Lincoln, Neb, Tog;ether with Special Ordinances of the City of Lincoln, Laws of Nebraska Relating to the City of Lincoln, and Rules of the Excise Board. COMl'lLKl) AND IIEVISED 1!V L. W. BILLINGSLEY AND R J. GREENE. PUBLISHED BY AUTHORITY OF THE CITY COUNCIL. LINCOLN, NEB,: STATE JOURNAL COMPANY, PRINTERS. 1895. COPYRIGHT. 1895, BY L. W. BILLINGSLEY AND K. J. GREENE. S^-2.7 5«<^-9 SfsiuJj, :i cO J 0 ) CONTENTS. PART ONE. PKOViSlOISb -KELATING TO CITY GOVERN- MENT-STATUTES RELATING TO GOVERNMENT OF THE CITY OF LINCOLN. 1. Charter Cities, First Class. 2. Bonds and Oaths, Official. 3. Bonds, Municipal. 4. Bonds, Contractors on Public Buildiugs. 5. Bonds, Coupons Detached by Auditor. 6. Bonds, Internal Improvements. 7. Bonds, Refunding. 8. Bonds, Interest. 9. Corporations. 10. Revenue from Internal Improvements. 11. City Officers, Not to be Interested in Contracts. 12. Civil Rights. 13. Exemptions from Poll Tax. 14. Insurance Companies, Taxation of. 15. Libraries. 16. Seat of Government. 17. Market Square. 18. Union Square. PART TWO. ORDINANCES. CHAPTER 1. — City Officers. Article I.. Article II Elective Officers. Appointive Officers. I 043733 iv CONTENTS. Article III Official Oaths aud Bonds. Article IV Salaries. Article V Special Provisions. Article VI Removal of Officers. CHAPTER II.— The Mayor. Article I The Mayor. Article II President of the Council. CHAPTER III. — Legislative Department. Article I The City Council. Article II The City Clerk. CHAPTER IV. — Department of Finance. Article I The City Treasurer. CHAPTER V.— Judicial Department. Article I The Police Judge and Court. CHAPTER VI.— The Department of Public Works. Article I The Board of Public Works. Article II The City Engineer. Article III The Street Commissioner. Article IV The Sidewalk Inspector. Article V The Sewer Inspector. CHAPTER VII. — Department of Law. Article I The City Attorney. Article II The Deputy City Attorney. • CHAPTER VIII.— Department of Health. Article I The Board of Health. Article II The Health Officer. Article III The City rhysician, CHAPTER IX.— Department of Police. Article 1 The City Marshal. Article II Special Provisions. CHAPTER X.— The Fire Department. Article I Chief of Eire Department. Article II Special Provisions. CONTENTS. V CHAPTER XIV. — Miscellaneous Ordinances. Article 1 Accidents. Article II Additions. Article III Amusements. Article IV Areaways. Article V Auctions and Auctioneers. Article VI Barbed-wire Fence. Article VII .Billiards and Ball Alleys. Article VIII Births. Article IX... Bread. Article X Building Permits. Article XI Buildings. Article XII Burial Permits. Article XIII City Limits. Article XIV Coaches, Cabs, and Carts. Article XV Coal. Article XVI Concealed Weapons. Article XVII Day Labor. Article XVIII Deaths. Article XIX Dogs. Article XX Elections. Article XX I Election Districts. Article XXII Electric Lights. Article XX III Eminent Domain. Article XXIV Express Companies. Article XXV Fire. Article XXVI Fire-arms, Fire-works, and Cannons. Article XXVII Fire Department. Article XXVIII Fire Escapes. Article XXIX Fire Limits. Article XXX Flags and Decorations at the City Hall Article XXXI Flower Pots. Article XXXII Funeral Trains. Article XXXIII Gaming. Article XXXIV Gas and Electric Light Property. Article XXXV Gas Mains. Article XXXVI Grades. Article XXXVII Health. Article XXXVIII Horses. Article XXXIX Hotel Runners. Article XL Houses of Ill-fame. Article XLI Ice. Article XLI I Intelligence Offices. VI CONTENTS. Article XLIII Lamps. Article XLIV Library. Article XLV Licenses. Article XLVI Miscellaneous Practices, Misdemeanors. Article XLVJI Nuisances. Article XL VIII Oils. Article XLIX Ordinances. Article L Pawnbrokers. Article LI Plumbers. Article LII Pound. Article LIII Railroads. Article LIV Resident Merchants. Article LV Scavengers. Article LVI Seals. Article LVII Second-hand Dealers. Article LVIII Sewers and Drains. Article LIX Signs. Article LX Sidewalks. Article LXI ’ Stationary Engineers. Article LXII. Steam Carousals. Article LXIII Steam Engines. Article LXIY Streets. Article LXY Street Railroads Article LXVI Sunday. Article LXVII Supplies — City Printing. Article LXVIII Supplies lor City Government. Article LXIX Telegraphs and Telephones. Article LXX Wards. Article LXXI Water. Article LXXII..., Weights and Measures. PART THREE. SPECIAL ORDINANCES. Article I Funding Bonds. Article II District Paving Bonds, Assessments and Orders. Article III Intersection Paving Bonds. Article IV Sewer Bonds. Article V Water Bonds. Article VII Electric Light, Gas, and Oil Companies. CONTENTS. VI 1 Article VIII Miscellaneous Ordinances. Article IX Railroad Bonds. Article X Paving Districts. Article XI Railroads. Article XIII Sidewalk Districts. Article XIV Street Railways. Article XV Telephones and Telegraphs. Article XVII Viaducts. PART FOUR. Articlel Organization of Town of Lincoln. Article II Organization as City of Second Class. Article III Organization as City Second Class, more than 10,000 Population. Article IV Organization as City First Class, less than 60,000 Population. Article V Directory, Officers, Town and City of Lincoln. APPENDIX. Rules of Excise Board. INDEX. 1715. AN ORDINANCE Providing for the publication of the ordinances and laws of the city of Lin- coln, Nebraska. Be if ordained by the Mayor and Council of the City of Lincoln : Section 1. That the ordinances and laws governing the city of Lincoln as arranged, revised, and amended by L. W. Billingsley and R. J. Greene, be and the same are hereby ordered printed in book and pamphlet form, for sale and distribution in bound volumes, to be entitled “ Revised Ordinances of Lincoln, Neb.” Section 2. This ordinance shall take effect and be in force from and after its passage, approval, and publication according to law. Passed August 26, A. D. 1895. Approved August 26, A. D. 1895. F. A. GRAHAM, Mayor. Attest : J. W. BOWEN, City Clerk. State OF Nebraska, 1 ^ County of Lancaster. ) ’ I, J. W. Bowen, Clerk of the city of Lincoln, do hereby certify that the above and foregoing is a true copy of an ordinance entitled “An ordinance providing for the publication of the ordinnnces and laws of the city of Lin-, coin, Nebraska,” passed by the City Council of said city August 26, A. D 1895, and approved by the Mayor of said city August 26, A. D. 1895. I further certify that the original ordinance, of which the foregoing is a copy certified, is by law intrusted to my custody tor safe keeping, and is on file in my office. Witne.ss my hand and the corporate seal of said city this 26th day of An. gust, 1895. [seal.] J. W. BOWEN, CHy Clerk. CERTIFICATE OF PUBLICATION. State of Nebraska, \ County of Lancaster, j ^ * I, A. H. Mendenhall, being first duly sworn, on oath say that I am the chief business manager and one of the proprietors of the State Journal Company, a printing and publishing company in the city of Lincoln, in said county and state; that the above and foregoing ordinance of the city of Lincoln, together with other ordinances of said city, was printed and pub- lished in book and pamphlet form in the city of Lincoln in pursuance of the provisions of the statutes of the state of Nebraska and the ordinances of the city of Lincoln, and by order and under the authority of the city of Lincoln, by said State Journal Company, on the 26th day of August, A. D. 1895, and duly delivered to the clerk of said city. A. H. MENDENHALL. Subscribed in my presence and sworn to before me this 26th day of Au- gust, A. D. 1895. [seal. ] P. F. GREENE, Notary Public. Constitutional Provisions, and Statutes. CONSTITUTIONAL PEOVISIONS In Eelation to City Goveknments. ARTICLE III. 1. (Section 15.) The Legislature shall not pass local or spe- cial laws in any of the following cases, that is to say: for * * * * * * * changing the names of * * * * * places. ****** * Vacating * * * town plats, streets, alleys, and public grounds. * * * Regulating the jurisdiction and duties of * * * * * police magis- trates. * * * Incorporating cities, towns, and villages, or changing or amending the charter of any town, city, or village. Providing for the election of officers in ***** cities. * * * * * Providing for the bonding of cities. * * * * Creating, increasing, and decreasing fees, percentage, or allowance, of public officers during the term for which said officers are elected or a|)pointed. * * * * ARTICLE VI. 2. (Section 1.) The judicial power of the state shall be vested in a supreme court, district courts, justices of the peace, police magistrates, and in such other courts, inferior to the dis- trict court, as may be created by law for cities and incorporated towns. 3. (Section 18.) * * * * and police magistrates shall be elected in and for such districts, and have and exercise such jurisdiction as may be provided by law. 3a. (Section 20). All officers provided for in this article shall hold their offices until their successors shall be qualified, and they shall respectively reside in the district, county or pre- cinct for which they shall be elected or appointed. The terms of office of all such officers, when not otherwise prescribed in this article, shall be two years. All officers, when not otherwise provided for in this article, shall perform such duties and re- ceive such compensation as may be provided by law. ( 3 ) 4 CONSTITUTIONAL PROVISIONS IN 36. (Section 21.) In case the office of any judge of the supreme court or of any district court, shall become vacant be- fore the expiration of the regular term for which he was elected, the vacancy shall be filled by appointment by the governor, un- til a successor shall be elected and qualified, and such successor shall be elected for the unexpired term at the first general elec- tion that occurs more than thirty days after the vacancy shall have happened. Vacancies in all other elective offices provided for in this article, shall be filled by election, but when the unex- pired term does not exceed "one year the vacancy may be filled by appointment, in such manner as the legislature may provide. 3c. (Section 24.) All process shall run in the name of ‘‘The State of Nebraska,^^ and all prosecutions shall be carried on in the name of “ The State of Nebraska.^^ ARTICLE VIIL 4. (Section 11.) No sectarian instruction shall be allowed in any school or institution supported in whole or in part by the public funds set apart for educational purposes ; nor shall the state accept any grant, conveyance, or bequest of money, lands, or other property, to be used for sectarian purposes. ARTICLE IX. 5. (Section 2.) The property of * * * * * nuinici- pal corporations, both real and personal, shall be exempt from taxation. * * * 6. (Section 4.) The Legislature shall have no power to re- lease or discharge any county, city, township, town, or district, whatever, or the inhabitants thereof, or any corporation or the property therein, from their or its proportionate share of taxes to be levied for state purposes, or due any municipal corpora- tion, nor shall commutation for such taxes be authorized in any form whatever. 7. (Section 6.) The Legislature may vest the corporate au- thorities of cities, towns, and villages, with power to make local improvements by special assessments, or by H|)ecial taxation of ])roperty benefited. For all other corporate purposes, all mu- nicipal corporations may be vested with authority to assess and collect taxes; but such taxes shall be uniform in res])cct to ])er- son and j)ro})erty within the jurisdiction of the body imposing the same, RELATION TO CITY GOVERNMENTS. 8. (Section 7.) Private property shall not be liable to be taken or sold for the payment of the corporate debts of munici- pal corporations. The Legislature shall not impose taxes upon municipal corporations, or the inhabitants or property thereof, for corporate purposes. ARTICLE XL 9. (Section 1.) No city, county, town, precinct, municipality, or other subdivision of the state, shall ever become a subscriber to the capital stock, or owner of such stock, or any portion or interest therein, of any railroad, or private corporation, or asso- ciation. 10. (Section 2.) No such general law shall be passed by the Legislature, granting the right to construct and operate a street railroad within any city, town, or incorporated village, without first requiring the consent of a majority of the electors thereof. ARTICLE XII. 11. (Section 2.) No city, county, town, precinct, munici- pality, or other subdivision of the state, shall ever make dona- tions to any railroad or other works of internal improvement, unless a proposition so to do shall have been first submitted to the qualified electors thereof at an election by authority of law ; Provided^ That such donations of a county, with the donations of such subdivisions, in the aggregate shall not exceed ten per cent of the assessed valuation of such county; Provided further ^ That any city or county may, by a two-thirds vote, increase such indebtedness five per cen{, in addition to such ten per cent, and no bonds or evidences of indebtedness so issued shall be valid unless the same shall have endorsed thereon a certificate signed by the Secretary and Auditor of State, showing that the same is issued pursuant to law. ARTICLE XIV. 12. (Section 2.) Any person who is in default as collector and custodian of public money or property shall not be eligible to any office of trust or profit under the constitution or laws of this state; nor shall any person convicted of felony be eligible to office unless he shall have been restored to civil rights. 13. (Section 3.) Drunkenness shall be a cau.se of impeach- ment and removal from office. STATUTES Relating to the Government of the City of Lincoln. 1 . — Charter Cities First Class, Chapter 13a.— Cities of the First Class. article I. CITIES OVER 25,000 INHABITANTS. 14. § 1. That all cities having less than one hundred thou- sand (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. 15. § 2. Whenever a city of the second class shall have at- tained 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. 16. §3. The government of such city shall continue in au- thority from the date of such proclamation until the re-organi- zation 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. 17. § 4. The corporate limits of such city shall remain as theretofore, and the Mayor and Council may by ordinance in- clude therein all the territory contiguous or adjacent, which has been by (he act, authority, or acquiescence of the owners subdi- vided into parcels containing not more than twenty acres, and the Mayor and Council shall have power, by ordinance, to com- })el tlie 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 here- tofore established through such land when necessary to secure regularity in the general system of its public ways. (7) 8 STATUTES RELATING TO THE 18. § 5. Land shall be deemed contiguous to such city not- withstanding 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. 19. § 6. 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 lauds 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 ac- knowledged before some officer authorized to take the acknowl- edgment of deeds, and have appended a certificate made by some competent surveyor, that he has accurately surveyed such addi- tion 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, ac- knowledged, 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 char- itable, 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 adjoining or contiguous to the said corj)orate limits shall be included in the same, and be and become there- upon a part of such city for all purposes whatsoever, and the in- habitants of such addition shall be entitled to all the rights and privileges, and subject to all the laws, ordinances, rules, and reg- ulations of the city to which said land is an addition; Provided^ the Mayor and Council shall have power by ordinance to compel the owners of any such addition to lay out streets, avenues, and alleys, so as to have the same correspond in width and direction, and be continuations of the streets, ways, and alleys in the city or additions thereto, contiguous to or near the proposed addition, and no addition shall have any validity, right or privilege as an addition unless the terms and conditions of such ordinance are GOVERNMENT OF THE CITY OF LINCOLN. 9 complied with, and tlie plats thereof submitted to and approved by the Mayor and Council, and such approval endorsed thereon. 20. § 7. The corporate name of each city organized under or governed by this act shall be the city of and all process whatever, affecting any such city, shall be served upon the Mayor, or Acting Mayor, or in the absence of both of said officers from the city, then upon the City Clerk. 21. § 8. No right of property accrued to any city, corporation, or person under any law heretofore in force, shall be affected by this act, and all city ordinances now in force and not repugnant to the provisions of this act shall remain and continue in force until altered or repealed by the Mayor and Council. When any such city or town shall be incorporated under the provisions of this act, all its said trusts, rights, and privileges shall be trans- mitted to and vested in such latter corporation, and all actions heretofore commenced by or against any city, or town which shall become a city, governed under the provisions of this act, shall be in no manner affected by this act, but all such actions shall be continued to final judgment and satisfaction as if this act had not been passed. 22. § 9. Each city governed by the provisions of this act shall be a body corporate and politic, and shall have powers: First . — To sue and be sued. Second . — To purchase and hold real and personal property for the use of the city, and real estate sold for taxes. Third . — To sell and convey any real or personal estate owned by the city, and make such order respecting the same as may be deemed conducive to the interests of the city. Fourth . — To make all contracts and to do all other acts in rela- tion to the pro{)erty and concerns of the city necessary to the ex- ercise of its corporate ])owers. Fifth . — To exercise such other and further powers as may be conferred by law. The powers hereby granted shall be exercised by the Mayor and Council of such city as hereinafter set forth, but they shall not have power to sell any real estate of the city unless authorized to do so by a vote of the majority of the electors of such city at a special elec- tion therefor. 23. § 10. Each city governed by this act shall be divided into not less than six wards, as compact in form and equal in ])opulation as may be, and no ward shall contain less than six thousand (6,000) inhabitants, the boundaries of which shall be defined by ordinance. Each ward shall constitute an election district; Provided, That when any ward shall contain over five 10 STATUTES RELATING TO THE huiulred (500) legal voters the Mayor and Council may divide such ward into two or more election districts. 24. § 11. Precinct lines in tliat j)art of any county not under township organization, embraced within the corporate limits of any city governed by this act, shall correspond with the ward lines in such city, and such precinct shall correspond in number with the ward of the city, and be co-extensive with tlie same; Provided^ That when a ward is divided into election districts, the precinct corresponding with Such ward shall be divided so as to correspond with the election district; And provided, further, That no justices of the peace or constable shall be elected in such precinct, and every such city shall constitute a district for the election of justices of the peace and constables, and in every such district there shall be elected two justices of the peace and two constables at the time provided by law for the election of such officers in other districts. 25. § 12. The general city election in all cities governed by this act shall be held on the first Tuesday in April, annually ; the polls shall be opened at such place in each election district as may be designated by the Mayor or be fixed by ordinance, and shall be kept open between the hours of eight o’clock a. m., and seven o’clock p. M., and no longer. 26. § 13. At the first annual election after such proclamation by the Governor, a Mayor, Treasurer, Clerk, Water Commis- sioner, City Attorney, City Engineer, and Police Judge shall be elected by a plurality of votes for the term of two years, and biennially thereafter. In cities governed by the provisions of this act each ward shall elect from its residents two (2) Council- men for the term of one and two years respectively, and one an- nually thereafter for two years. In cities of this class now or hereafter subject to the provisions of this act whenever by reason of an increase of wards in such city, any ward shall be without representation it shall be lawful and proper at the next succeed- ing election to elect two Council men for each of such wards for the term of one and two years respectively, and one Councilman annually thereafter for two years. Officers whose terms are un- expired shall hold tlieir offices for their unexpired terms, and elections shall be made as vacancies occur. There shall also be in each city governed by this act an Excise Board, consisting of the Mayor, who shall be ex officio member and the chairman thereof, and two members elected by the city at large, who shall hold their offices for two years. The terms of all elective offi- CJOVKllNIMENT OF THE CITY OF J.INCOLN. 11 cers shall commence on the Tuesday next after their election and continue until their successors are elected and qualified. Each Councilman hereafter elected in any such city, before entering u[)on the duties of his office, shall be required to give a bond to said city in the sum of two thousand dollars with two or more good and sufficient sureties, residents of said city, who shall each justify that he is worth at least two thousand dollars over and above all debts, liabilities and exemptions; conditioned for the faithful discharge of the duties of the Councilman giving the same, and further conditioned that if said Councilman shall vote for any expenditure of money, or the creation of any liability in excess of the amount allowed by law, or shall vote for the trans- fer of any sum of money from one fund to another where such transfer is not allowed by law, that such Councilman and the sureties signing said bond shall be liable thereon. 27. §14. Chief of the Fire Department and the Inspector of Meats and Live Stock, Building Inspector who shall be a per- son of practical experience in the erection and construction of buildings, and such other offices as may be provided for by this act, except the Marshal and Police, and not elective, may be ap- pointed by the Mayor, by and with the assent of the Council. Any of such officers may be removed at any time by a vote of three-fourths of all the members of the Council. All confirma- tion of officers by the Council shall be made viva voce, and the concurrence of a majority shall be required, and the vote by yeas and nays shall be recorded. The City Marshal and such number of Police as the Excise and Police Board may authorize shall be appointed and may be removed by the Excise Board as hereinafter provided, and in case of emergency the Mayor may appoint a necessary number of special police, who shall be re- movable at the pleasure of the Mayor. 28. § 15. The qualification of the electors in the several wards shall be the same as is required for the electors under the laws of the state, and they shall also have resided in the city three months and in the ward seven days. At a meeting of the Council on the first Monday after any city election, the returns shall be canvassed, and they shall cause the Clerk to make out and deliver certificates of election to the persons found to be elected, and a neglect of such officer to qualify within ten days after the delivery to him of such certificate shall be deemed a re- fusal to accept the office to which he may have been elected. 29. § 16. Regular meetings of the Council shall be held at 12 STATUTES RELATING TO THE such times as may be fixed by ordinance and special meetings whenever called by the Mayor or any four Council men. Two- thirds of all the members elected to the Council shall constitute a quorum for the transaction of any business, but a less number may adjourn from time to time and compel the attendance of absent members. 30. § 17. The salaries of all officers shall be fixed by ordi- nance, not exceeding the following sums per year, respectively: The Mayor, one thousand (|1,000) dollars per annum; Treas- urer, three thousand ($3,000j dollars per annum; Deputy Treas- urer, twelve hundred ($1,200) dollars per annum; one assistant nine hundred ($900) dollars per annum ; each Councilman and member of the Excise Board except the Mayor, three hundred ($300) dollars per annum; Clerk, two thousand ($2,000) dollars per annum, including the making of the tax list; Deputy City Clerk twelve hundred ($1,200) dollars per annum; Marshal one hundred ($100) dollars; Captain of Police, ninety ($90) dollars, and Policemen, seventy ($70) dollars each per month; City En- gineer, eighteen hundred ($1,800) dollars per annum; Street Commissioner, seventy-five ($75) dollars per month; City At- torney, fifteen hundred ($1,500) dollars per annum; Deputy City Attorney nine hundred ($900) dollars per annum; Water Com- missioner one thousand ($1,000) dollars per annum; Inspector of Meats and Live Stock, seventy ($70) dollars per month; Chairman of the Board of Public Works, twelve hundred ($1,200) dollars per annum, and the other two members of said board, two hundred ($200) dollars per annum. The foregoing to be construed as limitations and not fixed salaries. All other officers and employes of the city, except Police Judge, shall re- ceive such compensation as the Mayor and Councilmen shall fix by ordinance at the time of their employment. Providing, however, That if any officer absent himself from the city for the period of sixty days or more he shall forfeit his salary during such absence, and if absent for ninety days his office may be declared vacant by the Mayor and three-fourths of all the mem- bers of the Council. The emoluments of no officer, whose elec- tion or appointment is required by this act, shall be increased or diminished during the term for which he was elected or ap- pointed, and no person who shall have resigned or vacated any office, shall be eligible to the same or any appointive office dur- ing the time for which he was elected or ap})ointed. No one shall be appointed an Inspector or other public officer who has (JOVERNMENT OF THE CITY OF LINCOLN. 13 not been qualified by practical experience in the particular line of industry that requires his attention and constitutes the duties of his office. 31. § 18. The compensation of the Police Judge shall be fifteen hundred (1,500) dollars per annum, to be retained out of the fees collected by him, for his services. Provided^ This shall not include any sums he may receive for his services as an ex- amining magistrate, and in cases under the statutes. He shall keep in a suitable book, to be provided by the citjq an accurate account of all fees and costs by him collected in cases for viola- tion of city ordinances. 32. § 19. All officers shall be qualified electors of the city, entitled to vote at all elections therein. 33. § 20. The Mayor shall preside at all meetings of the City Council, and shall have a casting vote when the Council is equally divided, except as is otherwise herein provided, and none other, and shall have the superintending control of all the offi- cers and affairs of the city, and shall take care that the ordinances of the city and the provisions of this act are complied with, and may administer oaths, and shall sign the commissions and ap- pointments of all the officers a[)pointed in the city. 34. § 21. Tiie mayor shall have the power to sign or veto any ordinance passed by the City Council, and to sign or veto any order, by-law, resolution, award of, or vote to enter into any contract, or the allowance of any claim ; })rovided, that any ordinance, order, by-law, resolution, award, or vote to enter into any contract, or the allowance of any claim, vetoed by the Mayor, may be passed over his veto by a vote of two-thirds of all the members elected to the Council notwithstanding his veto, and should the mayor neglect or refuse to sign any ordinance or reso- lution and return the same with his objection in writing, at the next regular meeting ot the Council, tlie same shall become a law without his signature. Provided^ That the Mayor may veto any item or items of any appropriation bill, and approve the re- mainder thereof, and the item or items so vetoed may be passed by the council over his veto as in other cases. 35. § 22. 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, comfort, and general prosperity of the city, and shall have such jurisdiction as maybe vested in him by ordinance, over all places within five miles of the corporate 14 STATUTES RELATING TO THE 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, with- in one-half mile of the corporate limits of said city. 36. § 23. In case of any vacancy in the office of Mayor, or in case of his absence or disability, the President of the Council shall exercise the powers and duties of the office of Mayor until such vacancy shall be filled or such disability removed, or in case of temporary absence, until the Mayor returns, and performs such other duties as may be required by law. The Mayor may require any male inhabitant of the city between the ages of eighteen and fifty to aid in enforcing the laws. 37. § 24. The Mayor shall have power, after conviction, to remit fines and forfeitures and to grant reprieves and pardons for all offenses under the ordinances of the city. 38. § 25. The City Clerk shall have the custody of all laws and ordinances, and shall keep a correct journal of the proceed- ings of the Council; he shall also keep a record of all outstand- ing bonds against the city, showing tlie number and amount of each, for what and to whom the said bonds were issued, and when any bonds were purchased, paid, or canceled, said record shall show the fact, and in his annual report he shall describe particu- larly the bonds issued and sold during the year, and the terms of sale, with each and every item of expense thereof; he shall also perform such other duties as may be required by the ordi- nances of the city. He shall also make, at the end of each month, a report showing the amount appropriated to each fund, and the whole amount of warrants drawn thereon, which shall be spread at large upon the minutes. And said Clerk may, in case the Council deem such assistance necessary, ai)point a deputy, who shall give a bond as required of his principal and whose salary shall not exceed the sum of nine hundred dollars ($900) per annum. 39. § 26. The Treasurer shall be required to give bonds in not less than three hundred thousand ($300,000) dollars or he may be required to give bond in double the sum of money esti- mated by the council to be at any time in his hands, belonging to the city and school districts, and he shall be the custodian of all moneys belonging to the corporation; he shall keep a separate account of each fund or appropriation, and the debits and credits belonging thereto; he shall give every person paying money into the treasury a receipt therefor, specifying date of payment, and CJOVEIWMENT OF THE CITY OF LINCOLN. 15 on wliat account paid; he shall also file copies of receipts, with his monthly reports; he shall, at the end of each and every month, and as often as may be required, render an account to the City Council, under oath, showing the state of the treasury at the date of each account, the amount of money remaining in such fund, and the amount paid therefrom, and the balance of money in the treasury; he shall also accompany such accounts with a statement of all the receipts and disbursements, together with all warrants redeemed and paid by him, which said warrants, with any and all vouchers held by him, shall be filed with his said ac- count in the Clerk’s office, and if said Treasurer neglect or fail for the space of thirty days from the end of any month to render his said account, his office may, by resolution of the Mayor and Council, be declared vacant, andtheCity Council shall fill the va- cancy by appointment until the next election for city officers. The Treasurer may employ and appoint a deputy who shall be allowed a salary of not more than twelve hundred ($1,200) dol- lars per annum, and an assistant at not more than nine hundred ($900) dollars per annum, to be fixed by the council at the time of his employment, and the Treasurer shall be liable upon his bond for the acts of such deputy. 40. § 27. The City Attorney shall be the legal adviser of the Council and city officers; he shall commence, prosecute, and de- fend suits and actions commenced, prosecuted, or defended on be- half of the corporation, shall attend all meetings of the Council and give them his opinion upon any matter submitted to him, either orally or in writing as may be required; Provided, That he shall not be required to prosecute complaints for offenses against the city ordinances in Police Court, except on the request of the Mayor, Council, or Police Judge. And provided further, that in case any citizen or citizens shall be of opinion that any civil liability, arising out of contract or otherwise, exists in behalf of the city, against any person, persons or incorporation, he or they may demand of the City Attorney that he begin and prosecute an action against such person, persons or incorporation in the name of said city, for the enforcement of such liability or the recovery of any amount or property to which the city may in his or their opinion, be entitled by reason thereof, and if the said city attorney shall refuse to begin and prosecute such action, or shall neglect so to do for the term of one week after such demand, it shall be lawful for the citizen or citizens making such demand, to begin and prosecute such action in the name and upon the be- IG STATUTES RELATING TO THE half and for the benefit of said city, upon filing, with the peti- tion therein, an undertaking with one or more sureties, ap})roved by the clerk of the court in which the action is brought, con- ditional for the payment of all the costs that may be incurred in said action, if the same shall be unsuccessful. But the city shall not in any ev^nt be liable or responsible for attorneys’ or coun- sel fees incurred in the prosecution of any such action, and it shall be lawful for any citizen or citizens at their own expense and charge to associate any attorney or attorneys with the City At- torney in the prosecution or defense of any action to which said city may be a })arty. 41. § 28. The City Engineer shall make a record of the min- utes of his surveys and of all work done for the city, including sewers and extensions of water system, and accurately make such plats, sections, profiles, maps, plans, details and specifications as may be necessary in the prosecution of any public work, which shall be public records and belong to the city, and be turned over to his successor. 42. § 29. The City Engineer shall make estimate of the cost of labor and materials which may be done or furnished by con- tract with the city, and make all surveys, estimates and calcu- lations necessary to be made for the establishment of grades, building of culverts, sewers, waterworks, 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. Before the City Council shall make any contract for building waterworks, or any part thereof, or any sewers, bridges, or work on the streets, or any other work or improve- ment to cost over two hundred dollars ($200), an estimate of the total cost thereof, together with detailed plans and specifications thereof, shall be made by the City Engineer and submitted to the Council, and if approved by the Council such ])lans and specifications shall be returned to the City Engineer and kept by him subject to public inspection, and the work and imj)rovement shall be done substantially in accordance therewith, and no con- tract 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 beat least ten days in some daily newspaper of general circulation, pub- lished in the city; Provided, That in case any such work or im- provement; is to be paid for by special tax or assessement, no con- GOVERNMENT OP THE CITY OF LINCOLN. 17 tract shall be entered into until such work or improvement shall have been requested in writing by, and the plans and specifications thereof shall have been ap[)roved by the owners of a majority of the real estate proposed to be assessed with the cost thereof, and no material change shall be made in such plans and specifications, nor any change or changes which shall increase the cost of such work above said estimate, except with the consent of a majority of the owners of real estate to be taxed therefor expressed in writing. Such majority to be estimated according to front foot or square foot as the Council may determine. 43. § 30. The Marshal shall have the immediate superin- tendence of the Police, and the Marshal and Policemen shall have power, and it shall be their duty to arrest all olfenders against the laws of the state or of the city, by day or by night, in the same manner as a sheriff or constable, and to keep them in the city prison, or other place, to prevent their escape until a trial or examination may be had before a proper officer, and shall have the same powers as sheriffs and constables in relation to all criminal matters, and all process issued by the Police Judge. 44. § 31. The Street Commissioner shall, subject to the orders of the Mayor and Council, have general charge, direction and control of all work in the streets, sidewalks, culverts, and bridges of the city, except matters in charge of the Hoard "of Public Works, and shall perform such other duties as the Coun- cil may require. 45. § 32. The Mayor or Council shall have power when he or they deem it necessary, to require any officer of the city to exhibit his accounts, or other pajier, and to make reports to the Council in writing, touching any subject or matter they may require pertaining to his office. 46. § 33. On the passage or adoption of every resolution or order to enter into a contract, or accepting of work done under contract by the Mayor or Council, the yeas and nays shall be called and recorded, and to pass or adopt any by-laws, ordinance or any such resolution, or order, a concurrence of a majority of the whole number of members elected to the Council shall be re(]uired. 47. § 34. The Mayor and Council shall have the care, super- vision, and control of all ])ublic highways, bridges, streets, alleys, public squares, and commons within the city, and shall cause the same to be kept open and in repair and free from nuisances. 48. § 35. The Mayor and Council shall have full power to 18 STATUTES RELATING TO THE prevent forestalling, to prohibit or regulate huckstering in the market, to prescribe the kind and description of articles which may be sold and the stand or places to be occupied by vendors, and may authorize the immediate seizure and arrest or removal from the markets of any persons violating its regulations as es- tablished by ordinance, together with any article of produce in their possession, and the immediate seizure and destruction of tainted or unsound meat or other provisions. Nothing in this act contained shall be so construed as to authorize the Council to pass an ordinance for the purpose of assessing any tax, assess- ment, fine, or punishment upon any farmer or producer for sell- ing at any time within the city any article of provision or vegetables grown or j)roduced by him. 49. § 36. All claims against the city must be presented in writing with a full account of the items, verified by the oath of the claimant or his agent, that the same is correct, reasonable, and just, and no claim shall be audited or allowed unless presented or verified as provided for in this section, and read in open Council. The vote of each Councilman upon the allowance of any claim shall be entered upon the minutes; Frovided, That no claim arising either on contract or tort exceeding the sura of twenty-five dollars shall be allowed until the sarae shall have been read in open Council and the name of the claimant and the amount and nature of the claim published once in a daily news- paper published and of general circulation in said city. Not more than five words shall be used in stating the nature of any such claim. Any taxpayer in such city or the claimant may, after the allowance of any claim required by this section to be published, appeal therefrom to the district court of the county in which such city is situated by giving notice of such appeal to the City Clerk within two days after the allowance of the same, and filing, within ten days after such allowance, a bond or obligation in favor of said city with the Clerk thereof, and with good and sufficient sureties, to be approved by said Clerk, con- ditioned that said appellant shall prosecute said appeal to effect and without any unnecessary delay, and pay all costs that may be adjudged against said appellant; and in an appeal by a tax- ])ayer, in ease the claimant finally recovers judgment for as much or a greater sum, exclusive of interest, as allowed by the council, such appellant shall pay all costs made by such appellate pro- ceedings; and in an appeal by a claimant, in case such claimant does not recover of said city as large a sum, exclusive of inter- (K)V"J]RN]\IENT OF TJIP] CITY OF LINCOLN. 19 est, as allowed by such council, said claimant shall pay all costs made by said appeal. The procedure of such aj)peal shall be in all respects as near as may be like the procedure on appeal from the county board to the District Court. In case of appeal no warrant sliall issue for the payment of any claim until said ap- peal is finally determined. And to maintain an action against said city for any unliquidated claim it shall be necessary that the party file in the office of the City Clerk, within three months from the time such right of action accrued, a statement giving full name and the time, place, nature, circumstance, and cause of the injury or damage complained of. No appeal bond shall be required of the city by any court in any case of ap- peal by said city. 50. § 37. Each and every fund created by this act shall be strictly devoted to the purpose 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 to a suit for damages for the amount of funds so diverted ; Pro- vided^ That any surplus remaining in any fund after all obliga- tions against the same shall have been satisfied, and which sur- plus is no longer required for the purpose for which such fund was created, may be transferred to any other fund by order of the Council. 51. § 38. All moneys received in 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 what- ever; Provided^ That any surplus remaining in any fund after all obligations against the same shall have been satisfied, may be transferred to any other fund by order of the Council. 52. § 39. The fiscal year of each city shall commence on the first Monday in September. 53. § 40. The City Council shall, within the last quarter of each fiscal year, pass an ordinance to be termed the ‘^Annual Ap- propriation Biiy^ in which such corporate authorities may ap- propriate such sum or sums of money as may be deemed neces- sary to defray all necessary expenses and liabilities of such corporations, not exceeding in the aggregate the amount of tax authorized to be levied during the then ensuing year; and in such ordinance shall specify the object and purposes for which such appropriations are made, and the amount appropriated for each object or purpose. No further appropriation shall be made 20 STATUTES RELATING TO THE at any other time within such fiscal year, unless the proposition to make such appropriation has been sanctioned by a majority of the legal voters of such city, either by a petition signed by them, or at a general or special election duly called therefor; and all appropriations shall end with the fiscal year for which they were made; Provided^ That the fund arising from road taxes and ^‘bridge taxes,’^ as in this chapter provided, shall be deemed especially appropriated, aud shall not be included in the annual appropriation ordinance; And provided further^ That nothing herein shall be construed to prohibit the Council from appropriating other money in the annual appropriation bill for the use of streets, grades, and bridges. 54. § 41. Before such annual appropriation bill shall be passed, the Council shall prepare an estimate of the probable money necessary for all purposes to be raised in said city during the fiscal year for which the appropriation is to be made, includ- ing interest and principal due on the bonded debt and sinking fund, itemizing and classifying the different objects and branches of expenditures as near as may be, with a statement of the en- tire revenue of the city for the previous fiscal year, and shall enter the same at large upon its minutes and cause the same to be published for one week in some daily newspaper published and of general circulation in the city. 55. § 42. The Mayor and Council shall have no power to appropriate, issue or draw any order or warrant on the Treasurer for money unless the same shall have been appropriated or or- dered by ordinance, or the claim for the payment of which such order or warrant is issued has been allowed according to the provisions of this chapter, and appropriations for the class or object out of which such claim is payable, has been made as ap- proved in section forty-one (41). Neither the City Council nor any department or officer of the corporation shall add to the corporation expenditures, iu any one year, anything over and above the amount provided for in the annual appropriation bill for that year, except as herein otherwise especially provided. And no expenditure for any improvement to be paid for out of the general fund of the corporation shall exceed in any one year the amount provided for such an improvement in the annual ap- propriation bill. Provided^ however, That nothing herein con- tained shall prevent the City Council from ordering, by a unani- mous vote of all the members elect any apparatus or machinery, the necessity of which is caused by any casualty, accident or GOVERNMENT OF THE CITY OF LINCOLN. 21 emcrgeucy happening after such annual appropriation is made, or, by a like vote, from making necessary appropriations for quarantine or hospital purposes in case of outbreak of a virulent epidemic or contagious disease. The City Council may, by a like vote, order the Mayor to borrow a sufficient sum to provide for the expense necessary to be incurred in making any such re- pairs, or restoration of improvements, or purchase of apparatus or machinery, the necessity of which has arisen, as is last above mentioned, or to pay the city employes or laborers, for a space of time not exceeding the close of the next fiscal year, which sum and the interest shall be added to the amount authorized to be raised in the next general tax levy, and embraced therein. 56. § 43. All ordinances and resolutions or orders for the appropriation or payment of money shall require for their pas- sage or adoption the concurrence of a majority of all members elected to the Council. Ordinances of a general or permanent na- ture shall be fully and distinctly read on three different days, unless two-thirds of the Council shall dispense with the rule. No or- dinance shall contain any subject which shall not be clearly ex- pressed in its title, and no ordinance or section thereof shall be revised or amended unless the new ordinance contains the entire ordinance or section as revised or amended, and the ordinance or section so amended shall be repealed. 57. § 44. Upon allowance of claims by the Council the order for the payment shall specify the particular fund or appropria- tion out of which they are payable as sj)ecified in the annual appropriation bill passed in the manner hereinbefore provided, and no order or warrant shall be drawn in excess of ninety per centum of the current levy for the purpose for which it is drawn, unless there shall be sufficient money in the treasury at the credit of the proper fund for its payment, excepting as to funds raised by special assessment for public improvements. All warrants drawn upon the Treasurer must be signed by the Mayor and countersigned by the Clerk, stating the particular fund or ap- propriation to which the same is chargeable, and the person to whom payable, and for what particular object; no money shall be otherwise paid than upon such warrants so drawn ; each war- rant shall specify the amount levied and appropriated to the fund upon which it is drawn and the amount already expended of such fund. 58. § 45. No contract shall hereafter be made by the City Council or any committee or member thereof, and no expense 22 STATUTES RELATING TO THE shall be incurred by any of the officers or departments of the corporation, whether the object of the expenditure shall have been ordered by the City Council or not, unless an appropriation shall have been previously made concerning such expense, except as herein otherwise expressly provided. 59. § 46. No officer of any city shall be interested, directly or indirectly, in any contract to which the corporation, or any one for its benefit, is a party; and such interest in any such con- tract shall avoid the obligation thereof on the part of said cor- poration. Nor shall any officer of the city be interested, directly or indirectly, in any contract to perform any work for or furnish any material to any contractor or sub-contractor intended for use or which shall be used by the latter in the performance of any contract with the city. Nor shall any officer of the city, directly or indirectly, sell or furnish any material to such contractor or sub-contractor to be used or which shall be used by such con- tractor or sub-contractor in the performance of any such contract, or any employe of the city in performance thereof. Any viola- tion of the provisions of this section shall avoid the obligation of every such contract on the part of the city and defeat any recovery for any materials so sold or furnished. Nor shall any officer receive any pay or perquisites from the city other than his salary, as provided by ordinance and this charter, and the City Council shall not pay or appropriate any money or other valuable thing to any person, not an officer, for the performance of any act, service, or duty, the doing or performance of which shall come within the proper scope of the duties of any officer of such corporation, unless the same is specially appropriated and ordered by a unanimous vote of all the members elected to the Council. 60. § 47. All ordinances shall be passed pursuant to such rules and regulations as the Council may provide, and all such ordinances may be proved by the certificate of the Clerk under the seal of the city, and when printed or published in book or pamphlet form, and purporting to be published by the authority of the city, shall be read and received in evidence in all courts and places without further proof. The passage, approval, and publication or posting of said ordinances shall be sufficiently proved by a certificate under the seal of the city, from the Clerk thereof, showing that such ordinance was passed and approved, and when and in what paper the same was published, and when and by whom, and where the same was posted up. And when ordinances are published in book or pamphlet form, purporting GOVERNMENT OF THE CITY OF EINCOI.N. 23 to be published by authority of the City Council, the same need not be otherwise published, and such book or painpldet shall be received as evidence of the passage and legal publication of such ordinances, as of the dates mentioned in such book or pamphlet, in all courts without further proof. ()1. §48. The style of ordinances shall be: Be it ordained by the Mayor and Council of and all ordinances of a general nature shall, within one month after they are passed, be published in some newspaper published within the city, or in pamphlet form, to be distributed or sold, as may be provided by ordinance, and every ordinance fixing a penalty or forfeiture for its violation shall not take effect until one week after its publica- tion in the manner above prescribed; Provided, however, That in case of riots, infectious or contagious diseases, or other im- pending danger, or any other emergency requiring its immediate operation, such ordinance shall take effect upon the proclamation of the mayor, immediately upon its first publication as above provided. All other ordinances shall take effect immediately after their passage and approval, unless otherwise provided in the ordinance itself. 62. § 49. The Mayor and Council shall have power to levy and collect taxes for general purposes, not exceeding ten mills on the dollar valuation in any one year, on all real estate and per- sonal property within the corporate limits of the city, taxable according to the laws of this state, and such tax for interest and sinking fund of the bonded debt as may be requisite and author- ized by law. And the Mayor and Council shall also have power to levy and collect on all such property for the sole and exclusive purpose of maintaining and paying the Police Depart- ment of said city, not to exceed three (3) mills on the dollar valuation in any one year; taxes levied for said purposes to con- stitute a special fund therefor, and shall also have power to levy and collect on all such property for the sole and exclusive pur- pose of maintaining and paying the Fire Department of any such city, not to exceed five (5) mills on the dollar valuation in any one year; taxes levied for said purpose to constitute a special fund therefor. The valuation of such pro[)erty to be taken from the assessment rolls of the proper county, and it shall be the duty of the County Clerk to permit the City Clerk to make out from the assessment rolls of the county an assessment roll for the city of all property liable to taxation as above specified, which the City Clerk shall complete on or before the third Monday in 24 STATUTES EELATING TO THE June of each year, unless otherwise ordered by the Council; upon the completion of such copy of said assessment roll tlie City Clerk shall add to said roll any and all real estate in said city which is exempt from taxation for general purposes, and as- sess the same as near as may be to correspond with the assessed value of like property on said county roll, and enter the same in a separate column for the purpose of special assessment in said city, authorized by law, and shall be subject to equalization. The Council shall also have the power to assess, levy, and collect a poll tax, not to exceed three (3) dollars, upon every male inhab- itant of said city between the ages of twenty-one (21) and fifty (50) years, sane, and not a public charge as a pauper or a mem- ber of the Police or Fire Department. The Council shall also have power to assess, levy, and collect a special tax on all dogs in the city, and the fund so arising shall be paid into the special police fund of the city. The road taxes collected from property in the city shall be paid to the City Treasurer and expended as the Council may direct. 63. § 50. The Council shall have power to act as a board of equalization for the city, to equalize all assessments, and to cor- rect any error in the listing or valuation of property, and to sup- ply any omissions in the same, and shall have the same power as County Commissioners have in similar cases. And when such roll is completed the Council shall hold a session of not less than five (5) days as a board of equalization, giving notice of such sitting at least six days prior thereto through a newspa- per published and of general circulation in the city. The Coun- cil, sitting as such board of equalization, shall ascertain whether the valuations in one ward bear a just relation to all the wards in the city, and may increase or diminish the aggregate valuation of property in any ward by adding to or deducting such sum upon the dollar as may be necessary to produce a just relation between all the valuations of all the wards in the city, but shall in no instance reduce the aggregate valuation of all the wards below the aggregate valuations thereof as made by the assessors, neither shall it increase the aggregate valuation of all the wards, except in such amount as may be actually necessary and inci- dental to a proper and just equalization. And in all cases be- fore any special tax, except sidewalk tax, shall be finally levied, it shall be the duty of the Council to sit as a board of equaliza- tion for the purpose of equalizing any such proposed levy, spe- cial taxes, or assessments, and correcting any error therein, giv- (;OVERNMENT OF THE CITY OF JJNCOLN. 25 iiig notice of sitting in the same manner as j)rovide(l in this section, stating in such notice the purpose for which it will sit, and it shall continue such session for not less than two (2) days, and at such session it shall hear all complaints that the owners of the property so to be assessed and taxed may make, and it shall ,be its duty to equalize any such assessments by correcting any errors therein, and thereupon said assessment and special taxes shall be finally levied, and the same shdl be a lien upon all the property of such persons that may be listed and assessed for taxa- tion that year; Provided, That no complaint that another is as- sessed too low shall be acted upon, and no assessment shall be increased until the person so assessed shall be notified of such complaint or of such proposed increased assessment, if a resident of the city. 64. § 51. As soon as the assessment roll shall have been equal- ized, and the annual levy made thereon, the City Clerk shall immediately make out a tax list, which shall be as nearly as practicable in the form prescribed by law for the tax list to be furnished County Treasurers, and he shall deliver such tax list to the City Treasurer on or before the first day of October next, after the date of the levy in each year; errors in the names of persons assessed may be corrected by the Treasurer and the tax collected from the person intended, and in case the Treasurer find that anydand has been omitted in the assessment, he shall report that fact to the Council, who may assess the same and direct the correction of the tax list. 65. § 52. On the first day of January next succeeding the levy thereof, all unpaid city taxes shall become delinquent, and shall thereafter draw interest at the rate of one per centum per month. Provided, That if one-half of such tax is paid on or before the same becomes delinquent and the remaining one-half on or before the first day of June following, no interest shall be charged thereon. It shall be the duty of the City Treasurer to proceed, as soon as practicable, after the first day of January, to make such delinquent tax out of the personal property of such delinquent, if any such property can be found within the city ; no demand of taxes shall be necessary, but it shall be the duty of every person owing any municipal tax or taxes in such city to attend at the Treasurer’s office and pay the same. 66. § 53. To each tax list so delivered a warrant under the hand of the City Clerk shall be annexed, to be substantially in the following form, to-wit : 26 STATUTES RELATING TO THE In the name and by the authority of tiie state of Nel)raska: To City Treasurer of the city of in Nebraska. You are hereby commanded to collect from each of the persons and corporations named in the annexed tax list and the owners of the real estate described therein, the taxes set down in such list opposite their respective names, and the sev- eral parcels of land described therein ; and in case any person or corporation upon whom any such tax or sum is imposed, or who by law is required to pay the same, shall refuse or neglect to pay the full amount thereof, before the first day of January next, you are to levy and collect the same by distress and sale of the goods and chattels of the person or corporation so taxed as are by law required to pay such tax.- Given under my hand and official seal this day of -A.b. 18... City Clerk of the City of 67. § 54. Such warrant shall fully authorize and empower the City Treasurer to levy on any personal property belonging to any such delinquent, and collect therefrom any municipal taxes then due from such delinquent, and such warrant shall be a full and complete justification to the Treasurer in any action brought to recover damages or costs for any act or proceeding by him done or taken in conformity with the commands thereof. 68. § 55. The powers, rights, duties, and proceedings of the City Treasurer in cities governed by this act, and of such deputies as he may appoint, shall in all respects, as far as applicable, and except as herein otherwise provided, be the same in respect to the collection of municipal taxes and assessments as those of County Treasurers in like cases with reference to the collection of county taxes; and he shall be paid fees of one and one-half per centum of all taxes collected by him, not to exceed twelve hundred dollars per year as before limited. 69. § 56. All municipal taxes shall be collected from the personal proper^V of the person, persons, or body cor[)orate, owing the same, whenever the same is practicable, and whenever personal property cannot be found belonging to such person, per- sons, or bodies corporate, then, and in that case, all such delin- quent municipal faxes as may have been levied on any real estate within such city shall be collected by the County Treasurer of the county in which such city is situated, by sale of such real estate the same as in the case of delinquent county taxes. (JOVERNMKNT OF THE CITV OF LINCOLN. 27 70. § 57. The Mayor and Council shall have fnlhpower and authority to pass any and all ordinances not inconsistent with the laws of this state that they may deem necessary to secure the speedy and thorough collection of all municipal taxes and spe- cial assessments. 71. ,§ 58. All municipal taxes and all local special assess- ments in such city shall be paid in cash and warrants of said city drawn on the fund for which the same is offered; Provided^ That coupons on any bonds of such city shall be received for any tax or assessment. 72. § 59. It shall be the duty of the City Treasurer, on or before the fifteenth day of Se[)tember of each year, to make out a complete delinquent list of all lots, lands, or parcels of real estate, the taxes and assessments on which for the previous year remain uncollected at that time, with the amount of such taxes or assessments, together with penalty and interest due from each lot or parcel of real estate set opposite the same, arranging the several lots, lands, or parcels of real estate in such list in the order that they appear on the tax lists, stating also in each case the pur})ose for wliich the tax or assessment was levied. The County Treasurer shall receive such delinquent list and advertise the real estate therein described for sale for such delinquent taxes, or assessments, at the same time he advertises the sale of real estate for delinquent county taxes, by adding the amount of such delinquent city taxes and assessments to the amount of de- linquent state, county, and other taxes, and he shall sell such lots, lands, or parcels of real estate for the pur[)ose of paying all such delinquent taxes or assessments, and shall credit such city for the amount of taxes or assessments so collected, which shall be subject to the order of the Treasurer of such city. In the sale of any real estate as above provided for, and in the giving of certificates of sale and tax deeds therefor, the County Treas- urer shall proceed in the same manner as is or may be provided by law for his proceedings in the sale of real estate for delin- quent county taxes, and with like power and authority; and the real estate so sold may be redeemed within the time and upon the same terms and conditions in every respect as is or may be provided by law for the redemption of real estate sold for delin- quent county taxes. Provided^ That under this act the County Treasurer shall beauthorized to collect only by saleof real estate; And provided, further, It shall be the duty of the City Treasurer, upon any taxes being collected by him after the delinquent tax 28 STATUTES RELATING TO THE list shall Imve been delivered to the County Treasurer, to forth- with notify the County Treasurer of such collection that the same may be cancelled on the delinquent tax list; Provided^ further, That the failure, neglect, or refusal of the City Treas- urer to make the tax assessed against any real estate by distress and the sale of personal property of the owners thereof, shall not in any wise affect or invalidate the sale of such lands for such tax. 73. § 60. Special assessments upon real estate shall be a lien from the date of the levy and interest on all unpaid installments shall be payable annually, and municipal taxes thereon from the date fixed by the general revenue law, which lien shall be per- petual ; and in case of sale of any property for such tax or spe- cial assessment the same shall be governed by the general reve- nue act, and the rights and limitations shall be the same as in other tax sales, except as provided in this act. 74. § 61. Irregularities in making assessments and returns thereof, in the equalization of assessments and in the mode and manner of advertising the sale of any property, shall not invali- date or affect the sale thereof, when advertised and sold for de- linquent city taxes or special assessments as herein provided; nor shall the sale of any real estate for any such taxes or assessments be invalid on account of such real estate having been listed in any other name than that of the rightful owner. 75. § 62. The foregoing provisions shall apply to all taxes now due or heretofore delinquent or that may hereafter become due and delinquent. Whenever any municipal tax or taxes levied for any former year shall remain uncollected because of any defect, error or irregularity in either the power or manner of making the levy thereof, it shall be lawful for the Mayor and Council of such city to again levy the tax upon the property so de- linquent, in lieu of such former tax or taxes, and at the same rate and upon the same assessment as such former tax or taxes were levied, and such tax or taxes shall be inserted in tlie tax list and shall be collected in the same manner as other general taxes are. The City Council may at any time correct any error or defect or supply any omission in the assessment or listing of any property subject to municipal tax, made for the purpose of taxation for the then current fiscal year^and may require any and all persons to ap- pear and answer under oath as to their possession or control of per- sonal property subject to municipal taxation. These provisions shall apply equally to general municipal taxes and to special as- . (;()VEIiNMENT OF THE CITY OF EINCOEN. 29 sessinents, as far as may be applicable, unless otherwise provided in the ordinance levying the same. Special taxes and assessments shall, except deferred yearly installments for paving purposes, be deemed delinquent if not paid in fifty days after the passage and approval of the ordinances levying the same in each case, and a penalty of five (5) per cent., together with interest at the rate of one (1) per cent, a month, shall be paid on all delinquent special taxes or assessments from the time the same shall become delinquent. 76. § 63. The Treasurer of the county shall pay over on de- mand to the Treasurer of any city all money received by him arising from taxes levied belonging to such city, together with all money collected as a tax on dogs from the residents of such corporation, for the use of the general fund therein, and also all moneys arising from the levy of the road tax against or upon })roperty in said city, which shall be expended upon the streets and grades in said city. 77. § 64. The City Treasurer shall receive all moneys be- longing to the city, and the Clerk and Treasurer shall keep their books and accounts in such a manner as the Mayor and Council shall prescribe. The Treasurer shall keep a daily cash book, which shall be footed and balanced daily. And such books and accounts shall always be subject to inspection of the Mayor, mem- bers of the Council, and such other person as they may designate. 78. § 65. 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. 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 unexpired term of such officer so removed. 79. § 66. The Treasurer shall report to the Mayor and Council annually, and oftener if requiretl, at such time as may be prescribed by ordinance, a full and detailed account of all re- ceipts and expenditures during the preceding fiscal year, and the ‘state of the treasury. He shall also keep a register of all war- rants redeemed and paid during the year, describing such war- rants, their date, amount, number, the fund from which paid, aud 30 STATUTES RELATING TO THE persons 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. 80. § 67. In addition to the powers herein granted, cities governed under the provisions of this act shall have power by ordinances : 81. I. To levy taxes for general revenue purposes, on all property within the limits of said city, taxable according to the laws of the state of Nebraska. 82. II. To levy any other tax or special assessment author- ized by law, and to appropriate money, and provide for the pay- ment of the debts and expenses of the city. 83. III. To provide for the grading and repairing of any street, avenue, or alley, and the construction of bridges, culverts, viaducts, and sewers, and shall defray the repairs of the same out of the proper fund of such city; but no street shall be graded except the same be ordered done by the affirmative vote of two-thirds of the City Council. The Mayor and Council shall have power to require any railroad company or companies, owning or operating any railroad track or tracks upon or cross any public street or streets of the city, to erect, construct, recon- struct, complete and keep in repair any viaduct or viaducts upon or along such street or streets, and over or under such track or tracks, including the approaches of such viaduct or viaducts as may be deemed and declared by the Mayor and Council neces- sary for the safety and protection of the public; P7‘ovided, that the approaches to any such viaduct, which any railroad company or companies may be required to construct, reconstruct and keep in repair, shall not exceed for each viaduct a total distance of eight hundred feet. Whenever any such viaduct shall be deemed and declared by ordinance necessary for the safety and protection of the public, the Mayor and Council shall provide for appraising, assessing and determining the damages, if any, which may be caused to any property by reason of the con- struction of such viaduct and its approaches. The proceeding for such purpose shall be the same as provided herein for the purpose of determining damages to property owners by reason of the change of grade of a street, and such damages shall be paid by the city, and may be assessed by the City Council, against property benefited, and the cost of approaches beyond said dis- tance of eight hundred feet may also be assessed by the council against property benefited by reason of the construction of any (GOVERNMENT OF THE CITY OF I.INCOLN. 31 such viaduct and its approaches. The width, height and strength of' any such viaduct and the approaches thereto, the material therefor, and the manner of construction thereof sliall be as re- (|uired by the Board of Public Works, and as may be approved by the Mayor and Council. When two or more railroad com- panies own or operate separate lines to be crossed by any such viaduct, the proportion thereof and the approaches thereto, to be constructed by each, or the cost to be borne by each, shall be de- termined by the Mayor and Council. After completion of any such viaduct, any reveuue derived therefrom by the crossing thereon of street railway lines or otherwise, shall constitute a special fund and shall be applied in making repairs to such via- duct. All ordinary repairs to any such viaduct or to the ap- proaches thereto, shall be paid out of such fund, or shall be borne by the city. Vide 192. 84. IV. To open, widen, or otherwise improve, vacate, care for, control, name, and re-name any street, avenue, alley, or lane, parks, and squares, within the limits of the city, and also to create, open, and improve any new street, avenue, alley, or lane ; Provided^ That all damages sustained by the owners of the prop- erty thereon shall be ascertained in the manner herein provided ; Provided further^ That whenever any street, alley, or lane shall be vacated, the same shall revert to the owners of the adjacent real estate one-half on each side thereof. 85. V. On written petition of not less than one-half of the owners of feet front of the laud fronting on any street or any specified part thereof, the Mayor and Council may order such street or such specified part thereof to be sprinkled with water at such time or times as the Council may deem })roper. Such sprinkling shall be done by contract, awarded to the lowest bid- der in each case, or for the entire city or specified district thereof. To pay the expense of such s[)rinkling, the Council may make special assessments upon the lands abutting upon such street or specified part thereof, either on the valuation thereof, or listed for taxation, or by foot front. Such assessments shall be col- lected by special taxes. 86. VI. The Council shall have power to set aside a sj)ace designated as the sidewalk space, on each side of all streets and avenues, for sidewalks and the ])lanling of trees and grass, and may require and regulate the planting and protecting of the trees and grass and the construction of sidewalks in such space. Such space shall extend from lot line to curb. Whenever any 32 STATUTES RELATING TO THE street or avenue shall have been brought to the esiablished grade or permanently improved, the Council may require the owner of the real estate adjacent thereto to bring the sidewalk space along or in front of such real estate to the established grade and to lay a sidewalk thereon of such width and materials as the Council may determine, and in case any such property owner shall refuse and neglect to cause such grading to be done or side- walk constructed within thirty days after being notified in the manner prescribed by ordinance, the Council may order said grading to be done and said sidewalk constructed, and assess the cost thereof against the real estate in front of which the said work was done. Whenever any street or avenue shall have been brought to the established grade or permanently improved, the Council may require the owners of the real estate adjacent thereto, to bring the sidewalk space along or in front of such real estate to the established grade, and to lay a sidewalk thereon, of such width and material and in such space in said sidewalk space as the Council may determine and shall have so ordered by proper ordinances. And in case any such property owners shall refuse and neglect to cause such grading to be done or said sidewalk constructed within thirty days after being notified in the manner provided by ordinance, the Council may order said grading to be done and said sidewalk constructed in conformity with the ordinances regulating the same, and shall have power to take up and remove all walks not laid in conformity with such rules and regulations as may be prescribed. And said Council shall at the beginning of each municipal year, receive bids for the erection of all sidewalks hereinafter to be laid or re- laid as provided herein, and shall award therefor a contract to the lowest bidder for the year, and said contractor shall be re- quired to lay or re-lay all sidewalks as ordered by the said Council in accordance with the ordinances of said city and the said contractor shall receive his pay for such work from the as- sessments against the real estate in front of which the said work was done; and that the cost of all such work, laying and re- laying such walks in conformity with such ordinances shall be assessed against the real estate in front of which the said work was done. And the City Treasurer of said city shall pay over to such contractor upon order of the Council all assessments or special taxes against such real estate collected, together with the interest and penalty collected thereon which shall in each ease be full compensation to such contractor for any work so done (JOVKIiNMKNT OF TJIF CITY OF LINCOLN. 33 under his said contract along and in front of any property upon which said assessment or tax*sliall have been collected. The Council may by ordinance provide for the laying of temporary plank sidewalks upon the natural surface of the ground upon streets not brought to the established grade, and in case of re- fusal or neglect of any property owner, in front of or along the side of whose lot such sidewalk may be ordered, to construct the same within thirty days after being served with notice in the manner prescribed by ordinance, the Council may cause the same to be constructed and assess the cost thereof on the prop- *erty in front of which the same shall be laid. In case any property owner shall refuse or neglect to repair the sidewalk ad- jacent to his property within two (2) days after being notified so to do in the manner prescribed by ordinance, the proper officer may cause said walk to be repaired, and shall report the cost thereof to the Council, when the same may be assessed against such property. The cost of grading sidewalk space, and the construction, replacement or repair of sidewalks as herein })ro- vided, shall be assessed at a regular meeting of the Council, by a resolution fixing the cost of such giading, construction, or re- pairs along the lot adjacent thereto, as a special assessment thereon, and the amount charged against the same, with the vote thereon by yeas and nays, shall be spread at length upon the minutes. Notice of the time of holding such meeting, and the purpose for which it is held shall be published once in some newspaper published and of general circulation in said city, at least five days before (he same shall be held, or in lieu thereof, personal service may be had upon the persons owning the ])r()p- erty to be assessed. All such assessments shall be known as special sidewalk assessments, and, with the cost of notice, shall be levied and collected as a separate tax, in addition to the taxes for general revenue purposes, subject to the same })enalties, and collected in like manner as other city taxes, but such special as- sessment shall draw interest at one (Ifo) per cent, per month. The same shall be certified by the City Clerk to the City Treas- ure, who shall place the same on the tax list of the current year against such property. It is hereby made the duty of all real estate owners and occupants to keep the sidwalk along side or in front of the same in good repair and free from snow and ice and other obstructions, and they shall be liable for all damages or injuries occasioned by reason of the defective condition of any such sidewalk. 34 STATUTES RELATING TO THE 87. VII. To raise revenue by levying and collecting a license tax on any corporation or business within the limits of the city, and regulate the same by ordinance, except as otherwise in this act provided. All such taxes shall be uniform in resj)ect to the class upon which they are imposed; Provided, however, Tliat all scientiHcand literary lectures and entertainments shall be exempt from such taxation, as well as concerts and all other musical en- tertainments given exclusively by the citizens of the city. 88. VIII. To regulate, license, or prohibit the running at large of dogs, and guard against injuries or annoyances there- from, and to authorize the destruction of the same when running at large contrary to the provisions of any ordinance. 89. IX. To remove all obstructions from the sidewalks, curbstones, gutters, and cross-walks at the expense of the owners or occupiers of the grounds fronting thereon, or at the expense of the person placing the same there, and to regulate the build- ing of bulk-heads, cellars, and basement ways, stairways, rail- ways, window and doorways, awnings, hitching posts and rails, lamp posts, awning posts, and all other structures projecting upon or over adjoining excavation through and under the side- walks in said city. 90. X. To compel persons to fasten their horses or other animals attached to vehicles while standing in the streets and provide penalties for the neglect thereof. 91. XI. To regulate the transportation of articles through the streets, and to prevent injuries to the streets from overloaded vehicles. 92. XII. To prevent and remove all encroachments into and upon all sidewalks, streets, avenues, alleys, and other city prop- erty, and to prevent and punish all horse-racing, fast driving, or riding in the streets, highways, alleys, bridges, or place in the city, and all games, practices, or amusements therein likely to result in damage to any person or property; to regulate, prevent, and punish the riding, driving, or passing of horses, mules, oxen, cattle, or other teams, or any vehicle drawn thereby, over, upon, or across sidewalks, or along any street of the city; to regulate and prevent the use of streets, sidewalks, and public grounds, for signs, sign posts, awnings, telegraph, telephone, or other poles, racks, bulletin boards, and the posting of hand bills and adver- tisements; to regulate traffic and sales upon the street, sidewalks, and public places; to punish and prohibit cruelty to animals; to regulate and prevent the moving of buildings through or upon the streets. (JOVKUNMENT OF THE CITY OF LINCOLN. 93. XII 1. To make contracts with and authorize any person, company, or association to erect gas works, electric or otlier light works, in said city, and give such persons, company, or associa- tion the privilege of furnishing light for the streets, lanes, and alleys of said city, for any length of time not exceeding five years. 94. XIV. To provide for the lighting of streets, laying down of gas pipes, and erection of lamp posts, and to regulate the sale and use of gas and electric or other lights, the charge therefor, and the rent of gas meters within the city, and to re- quire the removal from the streets, avenues, and alleys, and the placing under ground of all telegraph, electric, and telephone wires. 95. XV. To regulate levees, depots, depot grounds, and places for storing freight and goods, and to provide for and regu- late the passage of railways through the streets and public grounds of the city, reserving the rights of all persons injured thereby. 96. XVI. To regulate the crossing of railway tracks, and to provide precautions and {)rescribe rules regulating the same, and to regulate the running of railway engines, cars, and trucks within the limits of said city, and prescribe rules relating thereto, and govern the speed thereof, and to make any other and further provisions, rules, and restrictions to prevent accidents at the crossings and on the tracks of railways, and to |)revent fires from engines, and to regulate and prescribe the manner of running street cars, to require the heating and cleaning of the same, and to fix and determine the fare charged. 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 fix and de- termine 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 [)osts, and in case the owner 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 com- pany, and the same shall constitute a lien on any real estate be- longing to such company and being within such city, and may be collected in the manner as taxes for general purposes; to re- quire railroad companies to keep flagmen at all railroad cross- ings of streets, and to provide protection against the injury to persons and [)roperty in the use of such railroads ; to compel any 36 STATUTES RELATING TO THE railroad to raise or lower tlieir railroad tracks to conform to the general grade which may at any time l)e 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 construct and keep in repair ditches, drains, sewers, and culverts, along and under their railroad tracks, and to pave their whole right of way on all paved streets, and keep the same in repair. 97. XVII. To exercise the power of eminent domain and to take private property for public use, within or without the city, for the purpose of erecting or establishing market houses and market places, streets, hospitals, public buildings, cemeteries, or for any necessary or authorized public purpose; Provided^ however y That in all cases the city shall make the person or per- sons whose property shall be taken or injured thereby adequate compensation therefor, to be determined by proceedings instituted in the county court and conducted as by law provided for con- demnations by railway companies. 98. XVIII. To establish and maintain public libraries and reading rooms, to purchase books, papers, maps, and manuscript therefor, and to receive donations and bequests of money or prop- erty for the same, in trust or otherwise, and pass necessary by-laws and regulations for the protection and government of the same. 99. XIX. To purchase, hold, and improve public grounds and parks within or without the limits of the city, and provide for the protection and preservation of the same, and to provide for the planting and protection of shade or ornamental and use- ful trees; ProMedy That in ca^e the cost of any such improve- ment shall exceed the sum of $5,000 it shall not be authorized until the ordinance providing therefor shall first be submitted to and ratified by a majority of the legal voters voting thereon. 100. XX. To borrow money on the credit of the city and to pledge the credit, revenue, and public property of the city for the payment thereof, wh.en authorized in the manner herein provided. 101. XXI. To provide for issuing bonds for the purpose of funding any and all indebtedness now existing or hereafter created of the city, now due or to become due, when the same shall have been authorized by a vote of the people; Provided, That the Mayor and Council shall not fund any bonded debt at a higher rate. Such bonds shall be redeemable after ten years, at the option of the city. (J()VERNl\rP:NT OF THE CITY OF LINCOLN. 37 102. XXII. To make provisions for a sinking fund to })ay accruing interest, and to pay at maturity the j)rincipal of the bonded ind^ebtedness of the city, and to levy and collect taxes on all taxable property in the city, in addition to other taxes for the purpose of paying the same, and to provide that the said tax shall be paid in cash; and whenever any city has heretofore issued bonds by virtue of any special authority derived from the legis- lature of the territory or state, the council shall have the power to levy and collect taxes for the purpose of paying such bonds as is provided in the laws giving such authority. 103. XXIII. To divide the city into wards, establish the boundaries thereof, and number the same. 104. XXIV. To provide for the registration of voters, and may prohibit persons from voting at any or all city elections who shall not have first complied with such regulations and have been registered as required by such ordinance. Such ordinance or or- dinances may be repealed, re-enacted, and amended from time to time, as in other cases; Provided^ That the registration of the last general election shall be valid for any special election. To appoint judges and clerks of elections provided by ordinance for the election of city officers, and prescribing the manner of con- ducting the same, and the returns thereof, and for deciding con- tested elections, and for holding special elections for any purpose herein provided and to fix a compensation of all officers of elec- tion. To regulate the holding cf primary elections, at which no person shall be permitted to vote, except such person be an elector of the city and affiliated with the political party holding such primary election at the last prior general election, that judges at such primary elections shall be sworn, and may administer oaths, and that any persons violating the regulations so estab- lished, or who, being disqualified, shall vote at such primary election, or who shall aid, counsel, or abet any disqualified per- son in voting thereat, may be fined in any sum not exceeding one hundred (100) dollars and shall stand committed until such fine and costs are paid, and shall be disqualified to vote at any city or primary election for the period of one year thereafter. 105. XXV. To f)rovide for removing officers of the city for misconduct, whose offices are created and made elective by this act, and to provide for filling such vacancies as may occur in any elective office by appointment by the Mayor, by assent of the Council, to hold until the next general election. 106. XXVI. To regulate and prescribe the powers and 38 STATUTES RELATING TO THE duties and the compensation of the officers of tlie city not herein provided for. 107. XXVII. To require all officers or servants elective or a})poiutive iu pursuance of this act, except police officers, to give bond and security for the faithful performance of their duties. No officer shall become security upon the official bond of an- other, or uj)on any contractor’s bond, license, or appeal bond given to the city, or under any ordinance thereof, or from con- victions in the Police Court. 108. XXVIII. To require from any officer of the city, at any time, a report in detail of the transactions in his office or of any matters connected therewith. 109. XXIX. To provide for and cause to be taken the census of the city. 110. XXX. To purchase and own grounds for, and to erect and establish market houses and market places, and to regulate and govern the same, to prescribe the fees to be charged persons for stalls therein, provided that the revenue so derived shall be applied, First, to the payment of the salaries of officers appointed to take charge of said market house; Second, to the payment of repairs of said market house, and Third, to the payment of the cost of erecting said market house; and after all salaries, repairs, and costs of construction have been paid, the surplus, if any re- maining, shall be disposed of as the Council shall direct, and also to contract with any person or persons, or association of per- sons, companies, or corporations, for the erection and regulation of said market houses and market places, on such terms and conditions and in such manner as the Council may prescribe, and raise all necessary revenue therefor as herein provided; and they may locate such market houses and market places and buildings aforesaid on any streets, alleys, or public grounds, or on any land purchased for such purpose; and to provide for the erection of all other useful and necessary buildings for the use of the city, and for the protection and safety of all property owned by the city; Provided, That any such improvement costing in the aggregate a sum greater than five thousand dollars shall not be authorized until the ordinance providing therefor shall be first submitted to and ratified by a majority of the legal voters voting thereon. 111. XXXI. To fix the rate of tax to be paid for the use of water furnished by the city, or any person or corporation by means of water works, and provide by ordinance that any tax (iOVKK^^MEJ^T OF THE CITY OF LINCOIiN. I’or the use of water furnished by said city shall be a lieu on tlie property where same is furnished. 112. X!KX11. To establish, alter, and change the channel of water courses, and to wall and cover them over, to establish, make, and regulate public wells, cisterns, aqueducts, and reser- voirs of water, and to provide for filling the same. 113. XXXIII. To provide for the organization of a fire department, to procure fire engines, hooks, ladders, buckets, and other apparatus, and to organize fire engine, hook and ladder and bucket companies, and to prescribe rules of duty and the government thereof, with such penalties as the Council may deem proper, not exceeding one hundred dollars, and to make all necessary appropriations therefor, and to establish regulations for the prevention and extinguishment of fires. To prescribe limits within which no building shall be constructed except of brick, stone, or other incombustible material, with fireproof roof, and to impose a penalty for the violation of such ordinance, and to cause the destruction or removal of any building constructed or repaired in violation of such ordinance; and after such limits are established no special permits shall be given for the erection or reparation of buildings of combustible material. To regu- late the construction and inspection of and order the suppression of and cleaning of fire places, chimneys, stoves, stove-pipes, over boiler’s, kettles, forges, or any apparatus used in any building, manufactory, or business which may be dangerous in causing or promoting fires, and to prescribe limits within which dangerous or obnoxious and offensive business may not be carried on. 114. XXXIV. To establish standar’d weights and measures, and regulate the weights and measures to be used in the city, and to regulate the weighing and measuring of every commodity sold in the city, in all cases not otherwise provided by law, and to prohibit and |)unish the use of imperfect weights, measures, and weighing apf)aratus. 115. XXXV. To provide for the inspection and weighing of hay, grain, and coal, the measuring of wood and fuel to be used in the city, and to determine the place or places of the same, and to regulate and prescribe the place or places of exposing for sale, hay, coal, and wood; to fix the fees and duties of persons authorized to perform such duties. 116. XXXVI. To impose fines, forfeitures, and penalties for the breach of any ordinance, and also for the recovery and collection of the same, and in default of payment to provide for 40 STATUTES KELATING TO THE coufinement in the city prison, or to hard labor in the city upon the streets or elsewhere, for the benefit of the city. 117. XXXVII. To restrain, prohibit, and suppress unli- censed tippling shops, billiard tables, bowling alleys, and houses of prostitution, opium joints, dens, and other disorderly houses and practices, games and gambling houses, desecration of the Sabbath day, commonly called Sunday, and to prohibit all pub- lic amusements, shows, exhibitions, or ordinary business pursuits upon said day, and all lotteries or fraudulent devices and prac- tices for the purpose of obtaining money or property, and all shooting galleries and ail kinds of public indecencies. 118. XXXVIII. To [)revent and restrain riots, routs, noises, disturbances, or disorderly assemblies in any street, house, or place in the city; to regulate, punish, and prevent the dis- charge of fire-arms, rockets, powder, fireworks, or any other dangerous combustible material in the streets, lots, grounds, alleys, or about or in the vicinity of any buildings; to regulate, })revent, and punish the carrying of concealed weapons; to ar- rest, regulate, punish, fine, or set at work on the streets or else- where, all vagrants and persons found in said city without visible means of support or some legitimate business; to regulate and prevent the transportation of gunpowder or other explosive or combustible articles, tar, pitch, rosin, coal oil, benzine, turpen- tine, hemp, cotton, nitro-glycerine, dynamite, petroleum, or any of the productions thereof, and other material of like nature, and the use of lights in stables, shops, or other places, and the building of bonfires; to regulate and prohibit the piling of build- ing material or any excavation or obstruction in the street. 119. XXXIX. To provide for the punishment of persons disturbing the peace and good order of the city by clamor and noise, by intoxication, drunkenness, fighting, or using obscene or profane language in the streets, or other public places, or otherwise violating the public peace by indecent and disorderly conduct or by lewd or lascivious behavior. 120. XL. To provide for the punishment of vagrants, tramps, or common street beggars, common prostitutes, habitual disturbers of the peace, pickpockets, gamblers, burglars, thieves, watch stuffers, ball game players, persons who practice any game, trick, or device with intent to swindle; persons who abuse their families, and suspicious persons who can give no reasonable ac- count of themselves. 121. XLI. To recjuire any and all lots or pieces of ground CU)VERNl\rENT OF THE CITY OF LINCOLN. 41 within the cit;)^ to be drained or filled, so as to prevent stagnant water or any other nuisance accuniulating 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 })ieces of ground to be drained or filled, and the cost and expenses thereof shall be levied upon the property so filled or drained, and collected as any other special tax. 122. XLII. To prevent any person from bringing, having, depositing, or leaving n[)on or near his premises, or elsewhere within the city, any dead carcass, or putrid beef, pork, fish, hides, or skins of any kind, or any other unwholesome substance, and to compel the removal of the same. 123. XLIII. To regulate, license, or suppress halls, opera houses, churches, places of amusement, entertainment, or in- struction, or other building used for the assembly of citizens, and to cause them to be provided with sufficient and ample means of exit and entrance, and to be suj)plied with necessary and appropriate appliances for the extinguishment of fire, and for escape from such place in case of fire, and to prevent the overcrowding, and to regulate the j)lacing and use of seats, chairs, benches, scenery, curtains, blinds, screens, or other appliances therein, and to provide that for any violation of any such regu- lation a penalty of two hundred dollars shall be imposed, and that upon conviction of any such licensee of any violation of any ordinance regulating such places, the license of any such j)lace shall be revoked by the Mayor and Council; and when- ever the Mayor and Council shall by resolution declare any such j)lace to be unsafe, the license thereof shall be thereby revoked, and the Council may provide that in any case where they have so revoked a license, any owner, proprietor, manager, lessee, or ])erson opening, using, or permitting such place to be opened or used for any purpose involving the assemblage of more than twelve persons, shall upon conviction thereof be deemed guilty of a misdemeanor, and fined in any sum not exceeding two hun- dred dollars. 124. XLIV. To prescribe the thickness, strength, and man- ner of constructing stone, brick, and other buildings, and pre- scribe the number and construction and means of exit and en- trance and the number and construction of fire escapes, and to require the keeper or proprietor of any hotel, boarding house, or dormitory to ])rovide and maintain such sufficient and such num- ber of ladders, ropes, balconies, and stairways, and other ap[)li- 42 STATUTES RELATING TO THE ances as by ordinance may be prescribed to facilitate the escape of persons from any such buildings in case of fires. 125 . XLV. To regulate or prohibit the running at large of cattle, hogs, horses, mules, sheep, goats, dogs, and other animals, and to cause such as may be running at large to be impounded and sold to discharge the costs and penalties provided for the violation of such prohibitions, and the fees and expense of im- pounding and keeping the same, and of such sale. 126. XLVI. To provide for the erection of all needful pens, pounds, and buildings for the use of the city, within or without the city limits, and to appoint and compensate keepers thereof, and to establish and enforce rules governing the same. 127. XLVII. To regulate, license, or prohibit the sale of domestic animals, or of goods, wares, and merchandise, at public auction on the streets, alleys, highways, or any public grounds within the city; to regulate or license the auctioneering of goods, wares, and merchandise. 128. XLYIII. To make regulations to prevent the intro- duction of contagious, infectious, or malignant diseases into the city, and to create a Board of Health, to make quarantine laws fur that purpose, and to enforce the same within five miles of the city. 129. XLIX. To erect, establish, and regulate work houses and poor houses, houses of correction, jails, station houses, and other necessary buildings, and to provide for the government and support of the same. 130. L. To made regulations to secure the general health of the city; to prescribe rules for the prevention, abatement, and removal of nuisances ; to make and prescribe regulations for the construction, location and keeping in order of all slaughter houses, stock yards, warehouses, stables, or other places where offensive matter is kept, or is likely to accumulate, within the corporate limits, or within five miles thereof. 131. LI. To j)urchase, hold, and pay for, in the manner herein provided, lands not exceeding eighty acres, in one body, outside of the limits of such city, for the purpose of the burial of the dead, and all necessary grounds for hospital grounds and water works, and to have and exercise police jurisdiction over the same, and over any cemetery lying near said city, and used by inhabitants thereof. 132. LII. To survey, plat, map, grade, fence, ornament, and otherwise improve all burial and cemetery grounds, and avenues (JOVERNiNfENT OF THE CITY OF IJN(jOEN. 4.3 leading thereto owned by such city; to construct walks, rear and protect ornamental trees therein, and provide for paying the ex- penses thereof. 133. LIII. To convey cemetery lots owned by such city, by certificates signed by the Mayor and countersigned by the Clerk under the seal of the city, specifying that the person to whom the same is issued is the owner of the lot or lots described therein by number as laid down on such plat, or map, for the purpose of interment, and such certificate shall vest in the proprietor, his or her heirs and assigns, a right in fee simple to such lot for the sole purpose of interment, under the regulation of the City Council, and such certificate shall be entitled to be recorded in the office of the Register of Deeds of the proper county without further acknowledgment, and such description of lots shall be deemed and recognized as sufficient description thereof. 134. LIV. To limit the number of cemetery lots which shall be owned by the same person at the same time ; to })rescribe rules for enclosing, adorning, and erecting monuments and tomb stones on cemetery lots; to prohibit any diversion of the use of such lots and any impro})er adornment thereof, but no religious test shall be made as to the ownership of lots, the burial therein, or the ornamentation of graves or lots. 135. LV. To pass rules and ordinances imposing penalties and fines not exceetling one hundred dollars, regulating, protect- ing, and governing the cemetery, the owners of lots therein, vis- itors thereof, and trespassers therein. And the officers of such city shall have as full jurisdiction and power in the enforcing of such rules and ordinances as though they related to the city itself. 136. LVI. To make all such ordinances, by-laws, rules, reg- ulations, and resolutions not inconsistent with the laws of the state as may be expedient, in addition to the special powers in this section granted, maintaining the peace, good government, and welfare of the city, and its trade, commerce, and manufactories, and to enforce all ordinances by inflicting penalties for the viola- tion thereof, not exceeding one hundred dollars for any one of- fense, recoverable with costs, together with judgment of impris- onment, until the amount of said judgment and costs shall be paid. 137. LVII. To elect one of their own body, who will be styled the ‘^President of the Council,’^ and who shall ])reside at all meetings of the Council in the absence of the Mayor, and in the absence of the Mayor and President to elect one of their own 44 STATUTPivS RELATING TO THE body to occupy bis place temporarily, and who shall be styled ‘^Acting President of the Council;’^ and the President or Acting President, when occupying the place of Mayor, shall have the same privileges as other members of the Council, and all acts of the President or Acting President, while so acting, shall be as binding upon the Council and upon the city as if done by the Mayor. 138. LVIII. To provide for the revision of the ordinances from time to time and for their publication in pamphlet or book form, with or without the statutes relative to cities governed by this act. 139. LTX. To purchase or otherwise acquire ground for and erect, establish, regulate, and repair a city hospital, and when authorized thereto by a vote of a majority of the electors at any election, may issue bonds of the city for an amount not exceeding in any one year the sum of $10,000 for that purpose. 140. LX. The management, direction, and control of such hospital, when completed and ready for use, and the furnishing thereof, shall be vested in a board of commissioners, called the Board of Hospital Commissioners,’^ subject to the ordinances of the Council. Such board shall consist of the Mayor, who shall by virtue of his office be its president, and one trustee from each ward, appointed by the Mayor with the consent of the Council, each of which commissioners shall be a resident free- hold elector of the city, and they shall not receive any compensa- tion for their services. The term of the appointed members of the board shall be three years, but when any such board is first organized the Mayor shall ap[)oint two members for one year, two for two years, and two for three years respectively, and thereafter two members shall be appointed each year for the full term of three years. A majority of the board shall constitute a quorum. 141. LXI. The board shall hold regular meetings at such time and place as may be agreed upon, and cause to be kept a full record of its proceedings. It shall have power to employ a superintendent, steward, and nurses and such other employes as the Council may provide. The steward shall act as clerk of the board. The compensation of all employes shall be fixed by the Mayor and Council, and the board shall have power to contract for all necessary supplies for such hospital. 142. LXlI. Tlie board shall establish such rules for the government of such hospital and the admission of persons to its privileges as it may deem expedient. It shall also appoint a (JOVERNMENT OF THE CITY OF IJNCOEN. 45 corps of four physicians and four surgeons, who shall be remov- able at the pleasure of the board and who shall be qualified and reputable members of their profession, and who shall receive no compensation. One of said physicians and surgeons shall be in daily attendance for three months in succession of each year, and meetings of the full corps for consultation shall be held whenever deemed necessary by the number then in attendance. No re- ligious or sectarian association, organization, or body shall be permitted to manage or control said hospital. 143. LX III. The Council may enter into an agreement with a corporation or association, organized for charitable purposes in such municipal corporation for the erection and management of a hospital for the sick and disabled, and have a permanent inter- est therein, to such an extent and upon such terms and condi- tions as may be agreed upon between the Council and such cor- poration or association. And the Council shall provide for the payment of the amount agreed upon, for any interest therein so acquired, either in one payment or in installments, or so much from year to year as the parties may stipulate; Provided^ Such agreement shall not be made if the city shall have exercised the powers conferred by the preceding subdivisions of this section, and established a hospital as therein provided. 144. § 69. The Council shall have power to open, extend, widen, narrow, grade, curb, gutter, and pave, or otherwise im- prove 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 park, or otherwise improve any width or part of any street, avenue, or alley, 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, or alley thus in whole or in part opened, widened, curbed and guttered, graded, parked, extended, constructed or otherwise improved or repaired, or which may be specially benefited by any of said improvements; Pro- vided^ That the above provisions shall not apply to ordinary repairs of streets or alleys; Provided, further, That where any street is to be graded under the provisions of this section, but not to the established grade, it shall be done only after the own- ers representing three-fifths (3-5) of the front feet of the prop- erty abutting on the part of such street to be so partially graded 46 STATUTES RELATING TO THE shall have petitioned the City Council for such work to be done; Provided further yT\\ 2 Li curbing and guttering shall not be ordered or required to be laid on any street, avenue, or alley not ordered to be [)aved, except on a petition of three-filths (3-5) of the own- ers of the property abutting along the line of that portion of the street, avenue, or alley to be curbed and guttered. The Mayor and Council of any city governed by this act shall have power to pave, repave, or macadamize any street or alley or part thereof, in any city, and for that purpose to create suitable pav- ing districts, which shall be consecutively numbered, such work to be done under contract and under the superintendence of the Board of Public Works of thecity. Such work shall be ordered done only after the owners of lots or lands abutting u{)on the streets or alleys within any paving district, representing three- fifths (3-5) of front feet thereon, shall have petitioned the Coun- cil to pave, repave, or macadamize such streets or alleys, and in all cases of paving, repaving, or 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 own- ers of such determination, within thirty days next after the pas- sage and approval of the ordinance ordering such paving, re- paving, or macadamizing. In case such owners fail to designate the material they desire used in such paving, repaving, or ma- cadamizing, in the manner and within the time provided above, the Mayor and Council shall determine upon the material to be used. The cost of grading, paving, macadamizing, or repaving the streets and alley within any paving district, except the inter- section of streets and space opposite alleys within such districts, shall be assessed upon the lots and lands especially benefited thereby in such district, in proportion to such benefits to be de- termined by the Mayor and Council under the provisions of this act. The assessment of the special taxes for paving purposes herein provided for shall be made as follows: The total cost of the improvement shall be levied at one time upon the property, and become delinquent as hereinafter provided: One-tenth (1-10) of the total amount shall become delinquent in fifty (50) days after such levy, one-tenth (1-10) shall become due in one year, one-tenth (1-10) in two years, one-tenth (1-10) in three years, one-tenth (1-10) in four years, one-tenth (1-10) in five years, one-tenth (1-10) in six years, one-tenth (1-10) in seven years, one-tenth (1-10) in eight years, one-tenth (1-10) in nine years. Each of said installments, except the first, shall become (lOVKIiNMENT OF THE CITY OF LINCOLN. 17 (lelinqiieiit fifty (50) days after becoming due, and shall draw in- terest at the rate of six per cent. (6%) per annum from the time of the levy aforesaid, payable annually until the same shall become deliiKpient, and after the same shall become delinquent a penalty of one per cent. (1%) the first month, two per cent. (2%) the sec- ond month, and thereafter until paid, shall be paid thereon, as in the case of other special taxes. The Council shall have power to require owners of real estate adjacent to any street about to be paved, to lay service pipe to connect such real estate with city water mains, and in case any such owner shall neglect or refuse to lay the same before such paving is laid, the Council may cause such service pipe to be laid, and assess the cost thereof in the same manner as assessments for sidewalks. Such taxes shall be collected and enforced as in other cases of special taxes. In all cases of special taxes the City Treasurer shall have authority, after the same or any part thereof shall have become delinquent, to seize ])ersonal property of the person who owns the real estate upon which such taxes have be levied, and to sell such personal prop- erty for the satisfaction of such taxes, upon the same advertise- ment and in the same manner that constables are now authorized by law to seize and sell personal property upon execution; but failure to seize and sell personal property shall in nowise affect the lien of the tax or any proceedings authorized by law to en- force the tax. In case of omissions, errors, or mistakes in mak- ing such assessments or levy in respect to the total cost of the improvement, or deficiencies, or otherwise it shall be competent for the Council to make a supplemental assessment and levy to supply such deficiencies, omissions, errors, or mistakes. The cost of grading, paving, macadamizing, or repaving the intersection of streets and spaces opposite alleys or in any paving district shall be paid by the city as hereinafter provided, but nothing herein contained shall be hereby construed to exempt any street or any other railway company from paving or repaving its whole right of way, including all space between one foot beyond the outer rails, at its own cost, whenever any street shall be ordered graded, paved, or repaved by the Mayor and Council of the city, as provided by law; Provided^ That in lieu of the above and until elanuary 1st, 189f3, such street railways shall only be re- quired to pave between the rails of each track. For the purpose of paying the cost of grading, paving, macadamizing, or repav- ing the streets and alleys in any paving district exclusive of the intersections of streets and s})aces opposite alleys therein, the 48 STATUTES RELATING TO THE Mayor and Council shall have power and may by ordinance cause to be issued bonds of the city, to be called “District paving Bonds of District No payable in not exceeding ten years from date, and to bear interest payable annually, not exceeding tlie rate of six per cent., per annum, with interest coupons attached, and in such cases shall also provide that such special taxes and assessments shall constitute a sinking fund for the payment of said bonds and interest; Provided, That the entire cost of grading, paving, repaving, or macad- amizing any such streets or alleys, properly chargeable to any lots or lands within any such paving district according to the front feet thereof, may be paid by the owner of such lots or lands within fifty days from the levy of such special taxes, and thereupon, such lots or lands shall be exempt from any lien or charge therefor, and if said assessment or any part thereof shall fail or for any reason be invalid, the Mayor and Council may make other and further assessments upon said lots or lands as may be required to collect from the same the cost of any grad- ing, paving, or macadamizing, properly chargeable thereto as herein provided. Whenever the Mayor and Council deem it expedient they shall have power for the purpose of paying the cost of grading, paving, repaving, or macadamizing the intersec- tions of streets and spaces opposite alleys in the city, to issue bonds of the city to run not more than twenty years, and to bear interest payable semi-annually, at a rate not exceeding six per cent, per annum, with coupons attached, to be called “ Paving Bonds,^’ and the proceeds gf which shall be used for no other purpose than paying for the cost of grading, paving, repaving, or macadamizing the intersections of streets and alleys in the city; Provided, That the aggregate amount of such bonds issued in one year shall not exceed the sum of fifty thousand ($50,000) dollars; And provided, further, That no such bonds shall be issued until the question of issuing the same has been submitted to the electors of the city, at a general or special election therein, and authorized by a vote of the majority of the electors voting at such election. Provided, further. That in all cases in which any city shall have prior to the passage of this act issued and disposed of bonds for the purpose hereinbefore provided to pro- vide a fund for payment of paving or curbing in compliance with the terms of contract therefor, and by reason of delay of the contractor in completing such contract, any of said bonds shall have matured, or shall mature, before the city shall have (U)VERNMENT OF THE CITY OF LINCOLN. 49 been able to levy a tax for payment thereof, and the city may have j)aid, or shall pay said bonds from the proceeds of said sale to prevent default thereof, or that any be still overdue and un- paid, in such cases said bonds may be re-issued to mature at such times beyond the maturity of all other bonds of the same series as the assessments made for such improvement will meet the re- issued bonds when mature. And Provided^ further^ That here- after no bonds shall be issued or sold except as, and when, the obligations of the city require the payment of the money by the city. If in any city governed by this act there shall be any real estate not subject to assessment or special taxes for paving purposes, the Mayor and Council shall have power to grade and pave in front of the same and to pay the cost thereof that would otherwise be chargeable on such real estate in the same man- ner as herein provided for the grading and paving of intersec- tions of streets and paying therefor. The word ^Mot,’’ as in this act used, shall be taken to mean a ‘Mot’’ as described and desig- nated upon the recorded plat of 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 such city. The word “land shall mean any subdivided real estate; Pro- videdj That if the lots and real estate abutting upon that part of the streets ordered graded, paved, repaved or macadamized as shown upon any such recorded plat or map are not of a uniform depth, or if for any other reason it shall appear just and proper to the Mayor and Council, the Mayor and Council are author- ized and empowered to determine and establish the depth to which the real estate shall be charged and assessed, with the cost of improvement, which shall be determined and established ac- cording tp the benefits accruing to the property by reason of the improvement. Real estate may be so charged and assessed to a greater depth than the depth of the lots as shown upon any such map or plat. The Mayor and Council may, in determining whether the requisite majority of owners who are hereinbefore authorized to petition for grading, paving, repaving, or mac- adamizing and determine the kind of material to be used therefor, have joined in such petition and determination, con- sider and take into account all the owners of real estate to be charged and assessed with the cost of improvement. The provisions 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, in proportion to the foot front in 4 50 STATUTES DELATING TG THE cities governed by this act. Whenever curbing, or curbing and guttering is done upon any street or avenue in any paving dis- trict in wliich paving has been ordered, and the Mayor and Council shall deem it expedient so to do, they shall have the power and authority, for the purpose of paying the cost of such 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 froni date, and to bear interest, payable annually, not exceeding the rate of six per cent per annum, with interest coupons attached, and in such cases shall assess at one time the total cost of such curbing, and guttering or curbing as the case may be, upon the property abut- ting or adjacent to the portion of the street or avenue so im- proved, according to special benefits, such assessment to become delinquent the same as special taxes for paving purposes, and to draw the same rate of interest and to be subject to the same pen- alties 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. All grading, paving, macadamizing, curbing, or guttering, of any streets, avenues or alleys in the city for which, or part thereof, a special tax shall be levied, shall be done by contract with the lowest responsible bidder, to be determined by the Council. Provided, That whenever the property owners representing a majority of the property in any paving district or along that })ortion of any street, avenue or alley to be improved, shall pe- tition the Mayor and Council to have such grading, paving and macadamizing, curbing or guttering done by days’ work the same shall be done under the direction and supervision of the Board of Public Works. Provided, also, that in all matters of contract with the city for work to be done or material furnished, ])arties contracting shall give bond to the city, with not less than Bvo sureties in one-half the amount of said contract for the faithful performance of the same, sureties on said bonds shall be resident freeholders of the county within which said city is situ- ate, and shall justify under oath that they are worth double the amount for which they may sign said bond, over and above all debts, liabilities, obligations and exemptions. Provided, also. That no contracts or extensions of contracts for a period of more than two years shall at any time be made or entered into with- out first having submitted the same to a vote of the people at some general or special election, held in accordance with exist- (^OVEKNM^:NT OF THE CITY OF EINCOf.N. 51 iiig laws governing the voting of bonds. Sucli provision shall not apply to guarantee for paving or other work done for or ma- terial furnished to said city. No action shall at any time be taken contemplating the extension or renewal of franchises heretofore granted. 145. § 70. All grading, paving, macadamizing, or gutter- ing of any streets, avenues, or alleys 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. 146. §71. The cost and expense of grading, filling, paving, culverting, curbing, guttering, or otherwise improving, con- structing, or repairing streets, avenues, alleys, and sidewalks at their intersection may be included in the special tax levied for the construction or improvement of any one street, avenue, al- ley, or sidewalk, as may be deemed best by the Council. 147. § 72. The Council shall have power to lay off the city into suitable districts for the purpose of establishing a system of sewerage and drainage; to provide such system and regulate the construction, repairs, and use of sewers and drains, and of all proper house connections and branches, and to provide penalties for any obstruction of, or injury to, any sewer or part thereof, or for violation of such regulations. 148. §73. Special taxes may be levied by the Mayor and Council for the purpose of paying the cost of constructing such sewers or drains within the city, such taxes to be levied upon the real estate lying and being within the sewerage districts 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, as in other cases of special assessments provided; and all taxes or as- sessments made for sewerage or draining purposes shall be lev- ied and collected in the same manner as other special assessments, except sidewalk taxes, and shall be subject to the same penalty. And where sewers are constructed and any assessment to cover the cost thereof shall be declared void, or doubts exist as to the validity of such assessment, the Mayor and Council, for the purpose of paying the cost of such improvement, are hereby au- thorized and empowered to make a re-assessment of such cost on the lots and real estate lying and being within the sewerage district in which any such sewer may be situated, to the extent of the bene- fits to such property by reason of such improvement, and such re- 52 STATUTES RELATING TO THE assessment shall he 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 such improve- ment, upon any lots or real estate included in such re-assess- ment, shall be applied under the 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 re-assessed and not paid under a prior assessment shall be collected and enforced in the same manner as other special (axes, and shall be subject to the same jienalty; Provided, That no sewers shall be constructed unless the owners of a majority of the real estate in such district subject to assessment therefor shall first petition therefor. 149. § 74. Special assessments or taxes made or levied to pay for local improvements, except for sidewalks, shall be made and assessed in the following manner: First — Such assessment shall be made by the Council at any meeting by a resolution stating the cost of the construction or repairs of the said im- provement or work, and the benefit accruing to the property in the district to be taxed and the benefit to each separate piece of property taxed, which, with the vote thereon by yeas and nays, shall be recorded in a book provided for that purpose. Notice of the time of holding such meeting and the purpose for which it is to be held shall be published in some newspaper published and of general circulation in said city at least ten days before the same shall be held. After such assessment the Council shall sit as a board of equalization, as provided in section fifty of this act; Provided, That no property shall be taxed for an amount exceeding the special benefit accruing thereto by reason of such improvement, and if the aggregate amount of taxes which may be levied under the terms of this section shall be less than the total cost of such improvement as provided for in this act, then the excess of such cost shall be paid out of the general fund. Special taxes may be levied and collected as the improvements are completed in front of or along or upon the block or piece of ground, or at the time the improvement is entirely completed or otherwise, according as the Council shall determine. No special tax or assessment which the Mayor and Council had or shall have acquired jurisdiction to make shall be void on account of (JOVEFINMENT OF THE OITY OF LINCOLN. 53 any irregularity, defect, error, or informality in any proceeding under this act. 150. § 75. When any special tax, except sidewalk tax, is levied, it shall be the duty of the City Clerk to issue a certifi- cate describing such lot or piece of ground by number and block, and stating the amount of special tax levied thereon, and the purpose for which such tax was levied, and when the same shall become due and delinquent, and he shall forthwith deliver a duplicate of such certificate to the City Treasurer, who shall, without delay, give at least five days notice through a news- paper published in the city, of the time when such tax will be- come delinquent; to every such certificate the City Clerk shall api)end a warrant in the usual form, requiring such City Treas* urer to collect such special tax or taxes, by distress and sale of goods and chattels of the person, persons, or bodies corporate, owing any such special tax or taxes, if the same be not paid be- fore the time fixed for the same to become delinquent, and to make his return of such warrant with his doings thereon on or before the fifteenth day of July next thereafter. 151. § 76. It shall be sufficient in any case to describe the lot or piece of ground as the same is ])latted or recorded, although the same belong to several persons, but in case any lot or piece of ground belong to different persons, the owner of any part thereof may jiay his portion of the tax on such lot or piece of ground, and his proper share may be determined by the City Treasurer. 152. § 77. When any improvement mentioned in this act is completed according to contract, it shall be the duty of the City Engineer to carefully inspect the same and if the improvement is found to be properly done, such Engineer shall accept the same, and forthwith report his acceptance thereof’ to the Board of Pub- lic Works, who shall report the same to the Council with recom- mendation that the same be approved or disapproved, and the City Council may confirm or reject such acceptance. When the ordinance levying the tax makes the same due as the improvement is completed in front of or along any block or piece of ground, the Engineer may accept the same in sections from time to time, if found to be done according to contract, reporting his accept- ance as in other cases. 153. § 78. All street railway companies now existing or hereafter created, in any city governed by this act, or that shall hereafter be organized thereunder, shall be required to pave or 54 STATUTES RELATING TO THE repave between and to one foot beyond tlieir outer rails, or in case said railway use more than one track in any street, they shall pave between and to one foot beyond their outer rails where such company owns, at their own cost; Provided^ that in lieu of the above and until January 1st, 1891, such street railways shall only be required to pave between the rails of each track. When- ever any street shall be ordered paved or rej^aved by the Mayor and Council of such city, such paving or repaving shall be done at the same time, and shall be of the same material and charac- ter as the paving or repaving of the street upon which said rail- way track is located, unless other material be specially ordered by the Board of Public Works. Such street railway companies shall be required to keep that portion of the street required by them to be paved in repair, using for said purpose the same material as the streets upon which the track is laid at the point of repair, or such other material as the Board of Public Works may re- quire and order upon streets in cities governed by this act, as streets are hereafter paved or repaved, street railway companies shall be required to lay, in the best approved manner, the strap or flat rail. The track of all railway companies, when located upon the streets or avenues of the city, shall be kept in repair and safe in all respects for the use of the traveling public, and such companies shall be liable for all damages resulting by rea- son of neglect to keep such tracks in repair, or for obstructing the streets or avenues of such city. For injuries to persons or property arising wholly from the failure of such company to keep their tracks in proper repair and from obstruction, such companies shall be liable and the city shall be exempt from lia- bility. The words ^^street railway company,^^ as used in this act, shall be taken to mean and include any persons, companies, corporations, or associations owning any street railway in any such city. 154. § 79. In the event of the refusal or neglect of such street railway companies to pave, repave, or repair when so di- rected by the Mayor and Couneil, upon the grading, ])aving, or repaving of any street upon which their track is laid, the Mayor and Council shall have power to pave, repave, or repair the same, and the cost and expense of such paving, repaving, or repairing may be collected by levy and sale of any real or personal property of said street railway company, the same as special taxes are collected. Special taxes for paying the cost of such paving, repaving, macadamizing, or repairing of any such street GOVERNMENT OF TJIE CITY OF LINCOLN. 55 railway may be levied upon the track, including the ties, iron, road-bed and right-ot-way, sidetrack and appurtenances, includ- ing buildings and real estate belonging to such company or per- son, and used for the purpose of such street railway business, all as one property, or upon such part of such tracks, appurten- ances, and property as may be within the district paved, repaved, macadamized, or repaired, or any part thereof, and shall be a lien upon the property upon which levied from the time of the levy until satisfied. No mortgage, conveyance, pledge, transfer, or encumbrance of any such property of any such company, or person, of any of its rolling stock or personal property, created or suffered by any such company, or party, after the time when any street or part thereof, upon which any sucli street railway shall have been laid, shall have been ordered paved, re})aved, macadamized, or repaired, shall be made or suffered, except sub- ject to the actual or prospective lien of such special taxes, whether actually levied or not, if such levy be in contemplation. The Treasurer shall have the power and authority to seize any per- sonal property belonging to any such person or company for the satisfaction of any such special taxes when delinquent and to sell the same upon the same advertisement and in the same man- ner as constables are now authorized to sell personal property upon execution at law, but failure to do so shall in no wise affect or impair the lien of the tax or any proceeding allowed by law for the enforcement thereof. The railroad track or any other I)roperty upon which such special taxes shall be levied, or so much thereof as may be necessary, may be sold for the })ayment of such special taxes in the same manner and with the same effect as real estate upon which such special taxes may be levied, may be sold. It shall also be competent for any such city to bring a civil action against any party owning or operating any such street railway and liable to pay said taxes, to recover the amount thereof, or any part thereof delinquent and unpaid, in any court having jurisdiction of the amount, and obtain judg- ment and have execution therefor, and no property, real or per- sonal, shall be exempt from any such execution ; Provided^ That real estate shall not be levied upon by execution, exce[)t by exe- cution out of the district court ou a judgment therein, or tran- script of a judgment filed therein, as now provided by law. No ])ro})erty seized by the Treasurer as hereinbefore provided, or upon any such execution, shall be taken from the officer holding the same on any order of replevin. No defense shall be allowed 56 STATUTES RELATING TO THE in any such civil action, except such as goes to the groundwork, equity, and justice of tlie lax, and tlie burden of proof shall rest upon the party assailing the tax. In case part of such special tax shall be sliown to be invalid, unjust, and inequitable, judg- ment shall be rendered for such amount as is just and equitable, and costs shall follow the judgment. It shall be competent for the Mayor and Council, upon the written application of any company, association, corporation, or person owning any such street railway, to provide that such special tax shall become de- linquent and payable in installments, as in case of taxes levied upon abutting real estate as hereinbefore provided, but such ap- plication shall be taken and deemed a waiver of any and all objections to such taxes and to the validity thereof. Such appli- cation shall be made at or before the final levy of such taxes. The provisions of this act in regard to the levy, collection, and enforcement of special taxes to pay the cost of paving, repaving, macadamizing, or repairing of any such street railways shall apply to all such special taxes hereafter levied. 155. § 80. There shall be in each city a Board of Public Works which shall consist of three memWs, residents of said city, to be appointed by the Mayor, by and with the assent of the Council, before the first Monday of June following its or- ganization under this act, for the term of one, two, and three years respectively, the term of office of each to be designated by the Mayor, and annually thereafter there shall be appointed, as hereinbefore provided, one member, whose terra of office shall be three years. The Mayor, by and with the assent of the Council, shall designate one of the members of such board to be the chair- man thereof. The salary of the members of such Board of Pub- lic Works shall be fixed by ordinance, and the salary of the chairman shall not exceed twelve hundred dollars per annum, and the salary of each of the other members shall not exceed two hundred dollars per annum. Each of the members of said board shall, before entering upon the discharge of his duties, take an oath to faithfully discharge the duties of his office, and enter into a bond with such city, with two or more good and sufficient sureties (to be approved by Mayor and Council) the bond of the chairman to, be in the sum of fifteen thousand dollars ($15,000), and each of the others in the sum of ten thousand dollars, ($10,- 000), conditioned for the faithful performance of his duties as member of the Board of Public Works. The chairman of such board shall devote his entire time to the performance of his offi- COVElillMHNT OF THE CITY OF T.INCOI.N. 57 cial duty, and no member of siicli board shall ever be directly or indirectly interested in any contract entered into by them on be- half of such city, nor shall they be interested, either directly or indirectly, in the purchase of any material to be used or applied in and about the uses and purposes contemplated by this act. It shall be the duty of the Board of Public Works, and it shall have power, to make contracts on behalf of the city for the per- formance of all such work, and the erection of all such improve- ments as may be ordered by the Mayor and Council, but only with the approval of the Mayor and Council; to superintend the performance of all such work and the erection of all such im- provements; to approve the estimates of the City Engineer, which may be made from time to time, of the value of the work as the same may progress; to accept any work done or improve- ment made, when the same shall be fully completed according to contract, subject, however, to the approval of the Mayor and Council, and to perform such other duties as may be conferred upon them by ordinance. Any member of such board may at any time be removed from office by a vote of two-thirds of the members elected to the Council, or by the Mayor and a majority of the Council, and the proceedings in that behalf shall be entered in the journal of the Council. 156. § 81. The Mayor and Council shall cause to be pub- lished, semi-annually, a statement of the receipts of the city and the sources thereof, and an itemized account of the expenditures and the fiuaucial condition of the city. It shall be the duty of the City Clerk, on or before the first day of December annually, to [)repare separate estimates of all kinds of su])plies, personal property and material, required for the use of the city during the ensuing year, and during the first week in December he shall ])ublish a brief advertisement in one newspaper published in the city, stating the probable amount and kind of supplies, personal proj^erty and material required by such city during the year fol- lowing the first day of January next ensuing, and inviting bids therefor, which bids shall be filed with said Clerk on or before the first day of January. The Board of Public Works shall on or before the 10th day of January, succeeding such advertisement open said bids and recommend to the City Council, which if any, of said bids should be accepted, the bid or bids recommended to be that or those of the best and lowest competent bidder who shall furnish a bond as hereinafter ])rovided. The City Council shall at its first meeting after the 10th of January aforesaid award 58 STATUTES RELATING TO THE a contract or contracts for such supplies, personal property and material to the best and lowest bidder or bidders competent un- der the statute, Pf'ovided, That the council may reject any and all bids. The successful bidder shall enter into a good and suf- ficient bond for the faithful performance of said contract with two good and sufficient sureties who shall justify in the same manner as sureties on official bonds, which bonds shall be ap- proved by the City Attorney, Mayor, and City Council. It shall be unlawful for any city officer to purchase any supplies, personal property or material from any person other than those to whom a contract has been awarded in case contracts have been awarded. Any officer of the city who shall violate the provision shall, upon conviction, be fined in the sum of fifty (50) dollars and be com- mitted until such fine is paid. 157. § 82. The Council, or any committee of the members thereof shall have 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 chairman of such commit- tee for the time being may administer the requisite oaths, and such council or committee shall have the same authority to com- pel the giving of testimony as is conferred on courts of justice. 158. § 83. 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 the city, but it shall be liable to the county for the cost of keeping such prisoners. The city shall not pay to exceed fifteen cents for each meal furnished prisoners, and fifteen cents for lodging. 159. § 84. The Mayor and Council shall have power to borrow money and pledge the credit and property of the city upon its negotiable bonds or otherwise, to an amount not exceed- ing in the aggregate one hundred ($100,000) thousand dollars additional to all bonds issued for said purpose heretofore, for the purpose of constructing or aiding in the construction of a system of Sewerage, or extensions thereof, authority therefor having first been obtained by a majority vote of the people at an election upon a proposition submitted in the manner provided by law for the submission of propositions to aid in the construc- tion of railroads and other works or internal improvement, and to borrow money and to pledge the property and credit of the city in the manner aforesaid, and upon being authorized as afore- said, to an amount not exceeding two hundred thousand ($200,- 000) dollars additional to all other bonds heretofore issued for GOVKRNMENT OF THE CITY OF IJNCOLN. 51) the purpose of constructing, maintaining, and 0 })erating a system of waterworks for said city ; Provided^ That before submitting the question to the electors of said city, as to issuing bonds for either sewers or waterworks, or additions thereto or extensions thereof, the Council shall first determine and spread uj)on its records, in what manner and to what extent such additions or extensions shall be made, and where the same shall be located and shall also procure a detailed estimate, by the City Engineer, of the probable cost thereof, and no change in any material man- ner, shall be made therein after the voting of the bonds, pro- posed to be issued to construct the same, unless such change shall be first approved by a vote of the electors of said city. And pi' ovided further^ That cities governed by this act are hereby au- thorized to borrow money on their negotiable bonds to an amount not exceeding twenty-five thousand ($25,000) dollars for the pur[)ose of purchasing and im[)roving a park or parks for such city, and Provided^ The Council shall first determine and spread upon its record a description of the land proposed to be bought for a park and that authority therefor shall first be obtained by a vote of the electors of said city, the proposition therefor having been submitted to such electors, in the manner hereinbe- fore mentioned, as to voting bonds for waterworks and sewers, and Provided farther, That if said question is submitted at a special election, it shall require to carry the same, a majority of all the votes cast at said election, and a number of votes equal to a majority of the vote cast in said city at the last general election, and if submitted at a general election, it shall require to carry the same, a majority of all the votes at such election. 160. § 85. When a system of waterworks shall have been adopted and the people shall Inive 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 construc- tion, completion, and management and control of the same, not inconsistent with this act, including the taking of private t)roj)- erty for public use for the construction and o[)eration of the same, compensation to be ascertained and made therefor in the manner provided by law for acquiring the right-of-way and de- ])ot grounds for railway companies by the exercise of the right of eminent domain. 60 STATUTES REEATINCi TO THE 161. § 86. Incase such aid shall not be voted by the peo- ple in the manner aforesaid, or in case the system of waterworks shall prove inadequate for the needs of the city, both public and private, then 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 any amount to be deter- mined from the contract, not exceeding the cost of construction of such waterworks; in other respects such contracts 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 authorized by a majority vote of the legal voters at a special election called for such purpose. 162. § 87. No bonds issued by the city for any purpose shall draw interest at a greater rate than six per cent. (6%) per an- num, and no bonds shall be for less than par or face value, and all bonds shall be redeemable at the option of the city at any time after ten years from their date, and that not more than ten per cent. (10%) of any issue of bonds shall fall due in any one year, and the same per cent, yearly thereafter until all of the bonds of the issue become due; Pi'oviding, There shall be no tax levied to pay more than the interest upon such bonds until the year before they become due and then only so much as is needed to meet the bonds maturing the year after. 163. § 88. Before the Mayor and Council shall enter upon the construction of any system of waterworks a Water Commis- sioner shall be appointed, who shall give bonds in not less than the sum of five thousand (5,000) dollars. No member of the Council or the Mayor shall be eligible to the office of water commissioner during the time for which he shall be elected. 164. § 89. Such Water Commissioner, under the direction and supervision of the Mayor and Council, shall have control of such system of waterworks, and of the erection and construction of the same, subject to the general management and approval of the Board of Public AYorks, fixing the rates within such limits as may be prescribed by ordinance, to be paid by the inhabitanls to 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 GOVERNMENT OF THE CITY OF LINCOLN. 01 for and pay the same over to the Treasurer at the end of each and every month, taking his receipt therefor in duplicate, and tiling one of the same with the City Clerk, to make a detailed report to the Council at least once in three (3) months, of the condition of said water system, and of all mains, pipes, hydrants, reser- voirs, and machinery, and recommending such improvements and repairs and extensions thereof as he may think proper, and showing the amount of the receipts and expenditures thereof for the preceding three (3) mouths, and no bill or claim for any work or material done or furnished for said system of water- works shall be paid or allowed in whole or in part, except as the same shall have been first approved by said Water Commissioner and the water committee of the Council. Said Water Commis- sioner shall perform such other duties as may be required of him by ordinance. 165. § 90. When any bonds shall have been issued by the city for the j)urpose of constructing or aiding in the construc- tion of a system of waterworks or a system of sewerage, there shall thereafter be levied annually upon all of the taxable prop- erty of said city a tax of not exceeding one mill for every twenty thousand dollars so issued, which shall be known as the waterworks tax, or sewerage tax, as the case may be, and shall be payable only in money. The proceeds of such tax, together with all income received by the city from the waterworks, and from the ])ayment and collection of water rents and rates of as- sessment, shall first be applied to the payment of the current ex- penses of the waterworks and interest on borrowed money and bonds issued for their construction, and the surplus, if any, shall be used for the extension of such system, or retained as a si idl- ing fund for the payment of such loan or bonds at maturity. 166. § 91. The Excise Board shall have exclusive control of the licensing and regulation of the sale of malt, spirituous, vin- ous, or intoxicating liquors in such city, and for that purjwse shall hold a public session at least once each month at the coun- cil chamber in said city, and a record of its proceedings shall be made and kept as a public record by the City Clerk, who shall be clerk of said board. A majority of such board shall consti- tute a quorum. The Excise Board may license, restrain, regu- late, or prohibit the selling or giving away of malt, spirituous, or vinous, mixed or fermented intoxicating liquors in said city, the license not to extend beyond the municipal year for which it shall be granted, and to determine the amount to be paid for ()2 statutf:s relating to the 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 liquor for medicinal and mechanical purposes; and, Provided, further, That all such licenses except druggists shall be required to give bonds in all respects, and they and their sureties shall be liable on such bond in all respects, as in the case of persons to whom licenses for the sale of intoxicating liquors are or may be granted by the county board, and all the restrictions, regulations, forfeitures, and pen- alties provided by law res[)ecting the sale of liquors by persons licensed therefor by the county board shall apply and govern all 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 com- })lied with such regulations, and procured a license or permit therefor, or who shall violate any of the rules and regulations established by such Excise Board and governing the sale of such liquor shall on conviction thereof be fined in any sum fixed by such rule not more than two hundred ($200) dollars for each of- fense, 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 Excise Board at pleasure, and further, that any license issued by the Excise Board for any purpose men- tioned in this section shall and must be revoked by the Excise Board upon conviction of the licensee of any violation of any law or ordinance or regulation pertaining to the sale of any such liquors, and proceedings of error or appeal taken to review such judgment or conviction shall in no wise affect or ])revent the re- vocation of such license. The Excise Board shall also make all needful rules and regulations, not inconsistent with the law of this state for the control of places at which malt, spirituous, vinous, or intoxicating liquors may be sold in said city; and such rules and regulations, when adopted by said board and pub- lished in a daily newspaper published and of general circulation in said city, shall have like force and effect as ordinances of said city adopted by the City Council thereof, and shall be proved in like manner. The Excise Board when in session shall have the same power to issue subpoenas and compel the attendance of witnesses and to compel them to testify concerning matters pend- ing before them, as a justice of the j)eace has on an examination before him ; and the president of the board or presiding member for the time being shall have the same power as such justice to (U)VI:RN]MENT of the city of eincoln. luhiiinister oaths and aflOrniations. All subpanias, commitments, and other processes shall be signed by the president or presiding officer for the time being of the board and countersigned by the City Clerk. The Excise Board shall have power, and it shall be the duty of said board, to appoint a Chief of Police and such other officers and policemen to the extent that funds may be provided by the Mayor and Council to ])ay their salaries as may be necessary for the protection and efficiency of the police of the city, and as may be necessary to protect citizens and prop- erty and maintain peace and good order. Provided, That the number of policemen shall be determined by the Excise and Police Board shall not exceed more than one to every twenty- five hundred (2500) of population. The Chief of Police and all other police officers and policemen shall be subject to re- moval by the Mayor whenever the said Mayor shall consider and declare such removal necessary for the proper management or discipline or the more effective working or service of the police de})artment. 167. § 92. All taxes levied for the purpose of raising money to pay interest or to create a sinking fund for the payment of the principal or any funded or bonded debt of the city shall be payable in money only, and except as otherwise expressly pro- vided, no moneys so obtained shall be used for any other pur- pose 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 in- vested in any of the under-due bonds issued by the city, pro- vided they can be procured by the Treasurer at such rate or premiums as shall be prescri^'ed by ordinance; And provided, further, That any due or overdue coupon or bond shall be a suf- ficient warrant or order for the payment of the same out of any fund specifically created for that purpose, without any further order or allowance by the Mayor or Council. 168. § 93. The Mayor or Council shall not allow or pay for the printing of any notice, advertisement, or publication in any newspa{)er, any greater sum or rate than twenty-five cents per square of unleaded nonpareil type; and such bill shall first be audited by the City Clerk. • 169. § 94. 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 the same va- 64 STATUTP]S RELATING TO THE lidity, and serve in all respects as though the same had been made by the City Engineer. 170. §95. The Police Judge shall have exclusive jurisdic- tion over, and it shall be his duty to hear and determine all of- fenses against the ordinances of the city; he shall also have jurisdiction, concurrent with Justices of the Peace and the County Court, of misdemeanors under the laws of the state, arising within the limits of the city, when the fine, which may be imposed, does not exceed two hundred dollars ($200), or imprisonment for three months; and he shall also have jurisdiction for the exfimination of offenders against the laws of the state for offenses arising within the city limits. 171. § 96. The Police Judge shall be a conservator of the peace, and his court shall be open every day except Sundays, to hear and determine any and all cases cognizuble before him. No act shall be performed by him on Sundays, except to receive complaints, issue process, and take bail. He shall have power to enforce due obedience to all orders, rules, and judgments made by him. He shall have the same power as the District Court in the issuance of warrants, subpoenas, or other process that may be necessary, and may fine fine or imprison for con- tempt offered to him while holding court, or to process issued by him, in the same manner and to the same extent as the District Court. 172. § 97. In all cases before the Police Judge, arising under the ordinances of the city, wherein the fine assessed exceeds the sum of ten dollars ($10) or the imprisonment ten days, an ap- peal may be taken by the defendant to the District Court in and for the county in which said city is situated; but no appeal shall be allowed unless such defendant shall, within ten days, enter into recognizance with sufficient securities to be approved by the judge, conditioned for the payment of the fine and costs of ap- peal, if it should be determined against the appellant. 173. § 98. On the trial of any case in the Police Court, jt shall be the duty of any Police Judge to sign any bill of excep- tion tendered to the court during the progress of such trial; Provided^ The truth of the matter be fairly stated, and there- upon said exception shall be entered in the record of such trial. Any final conviction, sentence, or judgment of the police court may be examined into by the District Court on writ of error, which may be allowed by such court or the judge thereof, for sufficient cause, and proceedings may be stayed as may be deemed G()VKRN^^ENT OF THE CITY OP LINCOLN. 65 reasonable; and the revising eoiirts shall in such [)r()ceedings take judicial notice ok all ordinances of the city. 174. § 99. 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 the jurisdiction, the Police Judge shall forthwith issue a warrant for the arrest of the offender, which warrant shall be served by the City Marshal, Policeman, Sheriff, or a Constable of the county, or some person specially appointed by the Police Judge for that purpose. 175. § 100. All fines and penalties collected arising from a breach ol’ ordinances of the city shall be paid to the City Treasurer, and all fines and penalties collected, arising from mis- demeanors under the laws of the state, shall be paid to the County Treasurer, and the Police Judge shall report at the end of each calendar month a list of all cases instituted in his court under the city ordinances and the disposition thereof, with a statement of all the fines, penalties, and costs by him received, and shall at the end of each month pay to the City Treasurer all fines by him received in cases arising under city ordinances, and in the event that the Police Judge shall fail to make report as herein provided, such failure and refusal for a period of ten days after demand made by the City Council shall be cause for impeachment. The excess of fees and costs, after })aying the salary of Police Judge, shall be paid into the police fund. 176. § 101. 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. 177. § 102. Upon good cause the Police Judge may postpone the trial of a case to a day certain, in which case he shall re- quire the defendant to enter into a recognizance, with sufficient security, conditioned that he will apj^ear before said judge at the time and place appointed, then and there to answer the com- plaint alleged against him. 178. § 103. In case of the breach of any recognizance en- tered into as aforesaid, the same shall be certified to the District Court of the proper county to be proceeded Uf)on according to law; if in the progress of any trial before said judge it shall ap- ])ear that the accused ought to be put upon his trial for an of- fense not cognizable before said judge, he shall immediately sto[) all further proceedings before him and proceed as in other cases exclusively cognizable before the District Court. STATUTES RELATING TO THE 6 () 179. § 104. It sliall be the duty of said judge to summon all persons whose testimony may be deemed material as wit- nesses at the trial, and to enforce their attendance by attachment if necessary, and all witnesses shall receive the sum of fifty cents for each day’s attendance. 180. § 105. Cases in the Police Court for violation of city ordinances shall be tried and determined by the Police J udge with- out the intervention of a jury; cases of misdemeanor under the statutes of the state shall be tried by the Police Judge alone, un- less the defendant demands a jury; if a jury be demanded, the case shall be tried by a jury of six competent men, unless a smaller number be agreed to by the defendant, to be selected in the manner provided by law for selecting jurors in Justice Courts, and the trial of such cases before said Police Judge shall be conducted in all respects not herein otherwise provided, in like manner as criminal cases before Justices of the Peace. Jurors in the police court shall receive the same fees as jurors in Justice Courts, to be taxed as other costs are taxed in the case. And if, in any case of misdemeanor under the laws of the state, it shall ap])ear to the Police Judge, by affidavit of the defendant, that he cannot have a fair and impartial trial before such Police Judge, the hearing of such a case may be transfered to some Justice of the Peace in such city. The Police Judge shall trans- mit or deliver the papers in such case, with a certified trans- cript of the proceedings before him, to such justice, who shall proceed therein and have the same jurisdiction, powers, and du- ties in all respects whatever, as if such suit had been originally instituted before him; but before such change shall be allowed, all costs that have accrued in the Police Court and a fee of one dollar for transcript shall be paid by the defendant. 181. § 106. If the defendant be found guilty, the Police Judge shall declare and assess the punishment, and render judg- ment accordingly. It shall be part of the judgment that de- fendant stand committed until the judgment be complied with. Costs shall be taxed as in similar cases before Justice of the Peace; Provided, That a jail fee of fifty (50) cents and a fee of one (1) dollar for use of patrol wagon may be included in cases where a defendant was imprisoned before trial for one day or more, or where patrol wagon was used in making arrest; Pro- vided, That in any prosecution for the violation of any ordi- nance, the defendant shall have the right to produce before said Police Judge one or more sureties, to the satisfaction of said (GOVERNMENT OF THE CITY OF LINCOLN. 07 judge, which said sureties shall, with the defendant, confess a judgment for the amount of the fine or penalty imposed, with costs of suit; and said judge shall enter said confession of judg- ment upon his docket, and render judgment accordingly in the name of the state of Nebraska against them for the amount of such fine and costs, and if said judgment be not j)aid within ninety days from the date of such confession and entering of judgment, said Police Judge shall issue execution and collect the amount of such fine or penalty and costs, in the manner provided by law for collecting judgment by execution in justice’s courts. 182. § 107. Any defendant committed under the provisions of this act for misdemeanor arising under the laws of the state may be discharged in the same manner as if he had been com- mitted by the county court. 183. § 108. In all cases not herein specially provided for, the process and proceedings before the judge shall be governed by laws regulating proceedings in Justices’ Courts in criminal cases. 184. § 109. In all proceedings, trials, and hearings before the Council based upon a complaint or information of any kind, where such information or complaint is not sustained before an appeal shall be taken, the complainant or informant shall enter into an undertaking in such sum as the Mayor may fix, with suffi- cient sureties approved by the Mayor, conditioned that he will pay all costs in case the decision of the Council shall be sus- tained. 185. § 110. When a trial shall be continued by the Police Judge it shall not be necessary to summon any witnesses who may be present at the continuance, but the Judge shall verbally no- tify such witnesses as either party may require to attend before him to testify in the case on the day of trial, which verbal no- tice shall be as valid as a summons. 186. § 111. In trials by a jury before the Police Judge, challenges shall be allowed in the same manner as in similar cases before Justices of the Peace. 187. § 1 12. Any person convicted before the judge of any of- fense under the ordinances of the city shall be punished by such fine and imprisonment as may be regulated by ordinance. 188. 113. Whenever the defendant is sentenced to imprison- ment for the violation of a city ordinance, he shall be put to work for the benefit of the city, under the direction of the Mar- 68 STATUTES RELATING TO THE slial, for the term of his imprisonment, and when committed for the non-payment of a fine or costs for the violation of any ordi- nance, he shall also be put to work for the benefit of the city, and shall be credited on such fine and costs one dollar and fifty cents ($1.50) per day for each day he shall work. 189. § 114. In case of a vacancy in the office of Police Judge by death, resignation, or otherwise, or in case of the ab- sence, disability, or personal interest of said judge, such fact being shown by affidavit, the Mayor shall on notice thereof ap- point some Justice of the Peace, holding and exercising the duties of his office, within the corporate limits of the city, to act as Police Judge during such vacancy, absence, or disability of said Police Judge and until such vacancy is filled by appoint- ment or election. 190. § 115. That an act entitled ‘‘An act to incorporate cities of the first class having less than 60,000 inhabitants, and more than 25,000 inhabitants, and regulating their duties, pow- ers, and government,’’ approved March 25, 1887, and all acts amendatory thereof, and all acts or parts of acts or laws in con- flict herewith, be and the same are hereby repealed. POLICE MATRON. 191. § 1. That in cities of 25,000 or more inhabitants a woman shall be appointed by the Mayor to the office of Police Matron, who shall have the care and custody of all women and children arrested in such cities. Such Police Matron shall be a member of the regular police staff under the same restrictions, and shall receive a salary of fifty dollars ($50) per mouth. § 2. All acts and parts of acts inconsistent with this act shall be and are hereby repealed. Approved March 31, 1893. VIADUCTS. 192. § 67, III. Streets, grades, and repairs. To provide for the grading and repairing of any street, avenue or alley, and the construction, renewal and repair of bridges, culverts, via- ducts and sewers, and shall defray the cost thereof out of the proper fund of the city; but no street shall be graded unless the same be ordered done by the affirmative vote of two-thirds of the Council. (JOVERNMENT OF THE CITY OF EINCOEN. GO The Mayor and Council may by ordinance provide for the con- struction, renewal, alteration or repair of any viaduct or via- ducts with suitable approaches over any railroad track or tracks across or upon any street or avenue of said city which they may deem necessary for the safety and protection of the public, and the location, dimensions and material of the same, and the same shall be constructed under and pursuant to the provisions of this act governing public improvements so far as such provisions may be applicable Iiereto. The Mayor and Council shall provide for appraising and determining the damages, if any, which may be caused to any property by reason of the construction, repair, alteration or renewal of such viaduct approaches, and the pro- ceeding for such purpose shall be the same as provided herein for the purpose of determining damages to property by reason of change of grade, and such damages shall be deemed a part of the cost of such viaduct or viaducts, and paid as part of such cost. The cost of construction, alteration, renewal or repair of any viaduct and its approaches, with the damages aforesaid shall after the completion of said improvement be by the Mayor and Coun- cil levied and assessed upon the railroad companies owning or using said tracks in proportion to the length of viaduct made necessary by the tracks of each company as determined by the City Engineer to the satisfaction of the Council. Notice of the time of holding the meeting therefor shall be published once in some newspaper in general circulation in said city at least two weeks prior thereto. Whenever two or more railroad companies own or use any track or tracks jointly, the cost as between such companies shall be apportioned in such manner as the Mayor and Council may in their discretion determine ; but any rail- road company making exclusive use of any track or tracks may for the purposes of this section be deemed the exclusive owner of such tracks. The amounts of such several levies and assess- ments shall from the time of such levy be a lien upon all the property of the railroad company against which the same are as- sessed, both real and personal. The amounts of the several lev- ies as made shall be by the Clerk certified to the Treasurer, and become due and delinquent on and after the first day of the next succeeding calendar month after such levy, and shall bear inter- est and be collected in the same manner as other taxes. No ir- regularity or informality in any of the [)roceedings taken pursu- ant to this section shall in any way avoid the levy and assessment 70 STATUTES RELATING TO THE of such taxes, and the Mayor and Council shall at any time have power by supplemental levy and assessment to correct any errors or supply any deficiencies in case of the failure or invalidity of any previous levy or part thereof. To provide funds to pay the cost of any viaduct as aforesaid, the Mayor and Council shall have power, by ordinance, to issue bonds of the city to be called “Viaduct Bonds or Viaduct No. — ’’ in an amount not exceeding the estimated cost thereof, pay- able at the option of the city at any time, and not more than five years from date, to bear interest, payable annually, not ex- ceeding the rate of six per cent per annum, with interest coupons attached, and in such case, the Mayor and Council shall also provide that the tax thereafter to be levied and assessed as herein provided shall be a special fund for the payment of said bonds and interest; and if the tax levied on and collected from any railroads companies as aforesaid shall be insufficient to pay said bonds and interest in full, the deficiency shall be paid from the general fund of the city; Provided^ That no such bonds shall be issued until the same have been authorized by a majority of the electors voting at any election on the question of issuing such bonds ; Provided^ however', That if the railroad companies owning or using the track or tracks to be crossed by any viaduct to be con- structed, altered, renewed or repaired as herein provided shall, prior to the voting of any bonds as aforesaid, and the letting of any contract by the city, for the construction, repair, renewal, or alteration of any viaduct, execute and deliver to the City Clerk a good and sufficient bond to the city as obligee with sureties ap- proved by the Mayor in a penal sum not less than the estimated cost of the proposed viaduct, conditioned that said railroad companies shall construct, renew, alter or repair said viaduct and approaches within such time as the Council may determine according to the plans and specifications furnished by the city, and under the supervision and regulation, and to the satisfaction of the Board of Public Works and the Mayor and Council, and to hold the city harmless of all damages by reason of the construction of the same, that then said railroad companies may construct said viaduct, as conditioned in said bond, but at their own cost and expense; Provided further, T\mt if at any time it appears to the Council that said railroad companies neglect or refuse to fulfill the conditions of such bond, that the city may proceed to con- struct, alter, renew or repair said viaduct and levy and assess the GOVERN JNlFiNT OF THE CITY OF EINCOEN. 71 cost thereof in aecordanee with the provisions of tliis section, and such action shall he cnninlative to any remedy which the city may have by reason of the breach of the conditions of said bond ; Provided fui'tlier^ That saiel viaduct and the street upon which the same may be, shall be and remain public property in the same manner as other streets of the city, and nothing herein shall be construed in any way to prevent or interfere with the right of the Mayor and Council and officers of the city to exer- cise such powers and authority over such viaducts and streets as may be vested in them by law over the property of the city. The Mayor and Council shall have power by ordinance to de- termine the terms and conditions upon which any street railway company may lay tracks and operate its road on and over any viaduct, and any revenue derived from such use shall constitute a special fund for the payment of repairs to said viaduct, which repairs may be made in the same manner as repairs on streets and public buildings and improvements. 193. § 68. Eminent Domain. Whenever it shall be neces- sar}^ for any of the purposes authorized by this act to appropri- ate or damage private property, the Mayor with the approval of the Council shall appoint a commission comj)osed of three disin- terested resident freeholders of said city to assess the damages caused to said property. Said commissioners shall take an oath impartially and truly to perform the duties hereby imj)osed upon them, and file the same with the Clerk, and thereupon shall forthwith view the property to be taken or damaged and assess the amount of damages caused to each lot or tract, taking into consideration the benefits thereto, if any, and make a report of their doings to the County Judge, who shall deliver a certified copy of said report to the City Clerk and to the Register of Deeds to be recorded and indexed in the same manner as deeds. The council shall direct the City Treasurer to pay the amount of the appraisement to the county judge for the benefit of the })arties entitled thereto, to be distributed in the same manner as moneys paid by railroad companies in right of way proceedings. The city or any person having an interest in any of said prop- erty, may, within thirty days after the filing of said report, ap- peal to the District Court, in the same manner as in right of way, })roceedings by railroad companies, but no appeal bond shall be required of the city, nor shall any appeal operate to delay the proposed improvement. The remedy by appeal as herein pro- 72 STATUTES RELATING TO THE vided shall be exclusive, and no other or different action shall lie to recover any damages caused by said improvement. STREET RAILWAYS. 194. § 1. Any number of persons may be associated and incorporated under the general laws of this state providing for the creation of corporations for the purpose of constructing and operating a street railroad within any of the cities of this state, upon procuring the consent of a majority of the electors of any such city as hereinafter provided. § 2. Every such corporation, previous to the commencement of any business except its own organization, must adopt articles of incorporation and have them recorded in the office of the county clerk of the county in which the city within which it is proposed to construct and operate such street railroad is situated, and must procure the consent of a majority of the electors of such city as herein provided. § 3. The articles of incorporation must fix the termini of the street railroad which the company proposes to construct (and describe the precise route between such termini, which shall be one continuous line from the terminus to the other,) and also name the streets through which said railway is to be constructed ; (said articles shall also state the length of the railway so pro- posed to be constructed, which shall not be authorized or con- sented to by the electors of any such city, at any one election, to exceed the length of five miles.) 195. § 4. The question of the consent of a majority of the electors of any such city to the constructing and operating of any such street railroad, shall be determined by submitting the question to the electors of such city at an election to be held for that purpose, and of which election it shall be the duty of the Mayor of any such city upon the request of the Common Coun- cil of said city to give at least ten days’ notice by publishing a notice in some newspaper published in such city, which notice shall state the termini of said proposed street railway as well as describe the precise route between such termini which shall be one continuous line from one terminus to the other, and also name the streets through which said railway is to be constructed, which proposed railway shall not exceed five miles in length; the form in which such notice shall be taken and the time when such election shall be held, and no election shall hereafter be GOVERNMENT OF THE CITY OF LINCOLN. 73 held except under this provision ; And provided furtheVy That no franchise to construet street railways shall be hereafter granted, nor shall any election be hereafter held to vote upon any propo- sition to give the consent of the electors of any such city to the construction of any street railway, unless there shall have been filed at least ten days before such election, a map or plat show- ing the route and location of the proposed street railway in the county office wherein are kept the record of deeds of real estate and also whether the proposed railway along such route is to be a single or double track. 196. § 5. Every such election shall be held at the time designated in the notice and shall be held in the same manner and at the same places as the general city elections, and the re- turns shall be canvassed by the Council of such city at its next meeting after any such election and the result declared and if a majority of the votes cast at such election shall be in favor of the constructing and operating of such proposed street railroad, the Council shall cause the City Clerk to make out a certificate of the result stating that the consent of a majority of the electors of such city has been given to the constructing and operating of such railroad, and deliver the same to the chief officer of such street railroad company, who shall cause the same to be recorded in the office of the County Clerk where the articles of associ- ation of such street railroad company are recorded, and in the same record, and such certificate shall be p7'ima facie evidence of the facts stated therein ; and thereupon, such street railroad company shall be authorized to proceed and construct and oper- ate such street railroad, as described in its articles of association, or any portion thereof, subject to such rules and regulations as may be established by ordinances of such city. Provided y That any street railroad hereafter authorized to be constructed shall be built upon the line or route so described in said notice and plat, and not otherwise, and shall be construeted from one of the termini so fixed continuously to the other, and shall be single or double traek as shown on such plat; but no street railway shall hereafter be construeted or consent or au- thority therefor be given by any city or its electors, upon or along any part of any street in any city, upon or along which any street railway has been already constructed, and where any other company or party owns any street railway upon any part of such street it is hereby authorized and empowered to consent to the use of any part of its railway by any other company upon 5 74 STATUTES RELATING TO THE such terms as may be agreed u[)on by them; provided that no such use shall be allowed or enjoyed without its consent. Provided, further^ that no authority to construct street railway on any street of any city in this state under any franchise here- after granted, or consent of the electors of any such city thereto, hereafter given shall be operative or effective unless the owners of a majority of the feet front of the real property abutting upon the street or streets upon which it shall be proposed to construct any such street railway, shall in writing consent thereto, which written consent shall be filed in the office of the City Clerk of the city wherein such street is situated before any elec- tion to give the consent of the electors of such city shall be called. 196a. § 6. Any street railway company existing in pursu- ance of law in this state, or which may be hereafter created and organized therein, any portion of whose road has been located and constructed so as to form with the road of any other street railway company existing, created, and organized as aforesaid, connected or continuous lines and routes of travel and transpor- tation, is hereby authorized to consolidate its railway property and appurtenances with such other street railway and its property and appurtenances into a single corporation ; Provided, That any such consolidation or transfer of the property, rights, powers, and franchises of any such company shall not in any manner impair or effect any existing right of reversion under which any of said companies now chartered or organized may exist in the manner following. The board of directors of said two or more corporations may enter into an agreement, under the corporate seals of each, for the consolidation of said two or more corpor- ations, prescribing the terms and conditions thereof, the mode of carrying the same into effect, the name of the new corporation, the number of the directors thereof, which shall not be less than seven (7), nor more than eleven (11), the time and place of hold- ing the first election of directors, the number of shares of stock in the new corporation, the amount of each share, the manner of converting the shares of corporate stock in each of said two or more corporations into shares in such new corporation, the man- ner of compensating stockholders in each of said two or more corporations who refuse to convert their stock into the stock of such new corporation, with such other details as they shall deem necessary to perfect such consolidation of said corporations, and such resulting consolidated corporation shall by operation of G()VERNMF:NT oe the city of i.incoln. 75 law succeed to and hold in perpetuity all the property, rights, powers and franchises converted upon said constituent companies, and shall assume and perform all the public obligations, duties, agreements and requirements as common carriers imposed upon said constituent companies. 1966. § 7. Upon making the agreement mentioned in the preceding section in the manner required therein, and filing a duplicate thereof in the office of the Secretary of State and County Clerk of the county in which the corporation exists, ac- companied by the consent in writing of the owners of two-thirds (f), of the capital stock of each of said constituent companies, and consent being duly acknowledged by a notary public under his seal of office in like manner as is prescribed for the acknowl- edgment of deeds, the said two or more corporations shall be merged in the new corporation provided for in such agreement, to be known by the corporate name therein mentioned, and the details of such agreement shall be carried into effect as provided therein. 196c. § 8. Upon the election of the first board of directors of the corporation created by the agreement in the preceding sections mentioned, all and singular, the rights and franchises of each and all of said two or more corporations, parties to such agreement, and all and singular, the rights and interest in and to every species of property, real, personal, and mixed, and things in connection, shall be deemed to be transferred to and vested in such new corporation without any other deed or trans- fer, and such new corporation shall hold and enjoy the same and all other rights of property vested in the said two or more cor- porations; Provided^ That all the rights of creditors and all liens upon the property of either of said corporations shall be and hereby are preserved unimpaired, and the respective corj)o- rations shall continue to exist so far as may be necessary to en- force the same. 196d. § 9. Any street railway company existing in pursuance of law in this state, may, at any time, by means of subscrip- tion to the capital stock of any other company, or otherwise aid such comj)any in the construction of its road for the purpose of forming a connection with the line of road owned by such other company. 196e. § 10. Any street railway existing in pursuance of law in this state may lease or purchase any part or all of any other street railway constructed by any other company, or may pur- 76 STATUTES RELATING TO THE chase the capital stock of the same, or may sell aud convey by deed or otherwise, or may lease to another street railway com- pany any part or all of its own railway and franchises upon such terms and conditions as may be agreed upon between the said companies respectively, and any two or more street railway com- panies, whose lines are so connected as to form continuous routes of travel, may perfect any arrangement for their common benefit to assist and promote the object for which they were created. 196/. § 11. Any street railway existing in pursuance of law in this state shall have power and is hereby authorized to mort- gage and execute deeds of trust upon its railway and property, in whole or in part, including its real and personal property and franchises, to secure money borrowed for the construction and equipment of their roads, and may also issue their corporate bouds in sums not less than one thousand dollars (^1,000), to make all of said mortgage or deeds of trust payable to bearer or otherwise negotiable by delivery, bearing interest at rates not to exceed seven (7) per centum per annum, convertible into capital stock or not at the option of the holder, and may sell the same at such rates and prices as they may deem proper, and if said bonds shall be sold below their nominal par value they shall be valid and binding upon the company. The principal and inter- est of said bonds, or either of them, may be made payable within or without this state, at such place as may be determined upon by said company. 196^. § 12. The words, ‘^street railway,’^ as used in the foregoing section, shall be construed to embrace all street rail- roads built and operated for the conveyance of passengers along the streets and alleys and public thoroughfares of cities in this state, the motive power by which the same may be operated shall be restricted to horse, mule, electric, or cable powers. 2._bonds and oaths— official. [Comp. Stat., 1887 , Chap. 10 , Page 92 .] 197. § 1. All state, district, county, precinct, township, mu- nicipal, and especially appointed officers, except those mentioned in section 1, article 14, of the Constitution, shall, before enter- ing upon their respective duties, take and subscribe the following oath, which shall be endorsed upon their respective bonds: do solemnly swear that I will support the Constitution of the United States, the Constitution of the state of Nebraska, GOVERNMENT OF THE CITY OF LINCOLN. 77 and faithfully and impartially perform the duties of the office of , according to law, and to the best of my ability. So help me God.’^ If any such officer is not required to give bond, the oath shall be filed in the office of the Secretary of State, or of the Clerk of the county, city, village, or other municipal subdivision of which he shall be an officer. 198. § 4. All official bonds of officers of cities, towns, and villages, shall be in all respects as required by the last preceding section, except that they shall be made payable to the city, town, or village, in and for which the officers giving the same shall be elected or appointed, in such penalty as the city, town, or village Council or Trustees may fix. 199. § 5. Official bonds, with the oath endorsed thereon, shall be filed in the proper office within the times as follows: Of all officers elected at any general election, on or before the first Thursday after the first Tuesday in January next succeed- ing the election ; of all appointed officers, within thirty days after their appointment; of officers elected at any special election, and city and village officers, within thirty days after the canvass of the votes of the election at which they were chosen. 200. § 9. All official bonds of county, precinct, and other officers, shall be executed by the principal named in such bonds, and at least two sufficient sureties who shall be freeholders of the county in which such bonds are given. 201. § 10. The officers with whom any official bonds are required by law to be filed, shall carefully record and preserve the same in their respective offices, and shall give certified copies thereof, when required, under the seal of their office, and shall be entitled to receive for the same the usual fee allowed by law for certified copies of records in other cases. 202. § 11. The approval of each official bond shall be en- dorsed upon such bond by the officer approving the same, and no bond shall be filed and recorded until so approved. 203. § 12. All official bonds shall be obligatory upon the principal and sureties for the faithful discharge of all duties required by law of such principal, for the use of any person injured by a breach of the conditions of such bonds. 204. § 13. No official bond shall be rendered void by reason of any informality or irregularity in its execution or approval. 205. § 14. No state or county officer, or their deputies, shall be taken as security on the bond of any administrator, executor. 78 STATUTES REEATINU TO THE or other officer, from whom by law bond is or .may be required, and no practicing attorney shall be taken as surety on any offi- cial bond, or bond in any legal proceedings in the district in which he may reside. 206. § 15. If any person elected or appointed to any office shall neglect to have his official bond executed and approved as provided by law, and filed for record within the time limited by this act, his office shall thereupon ipso facto become vacant, and such vacancy shall thereupon immediately be filled by election or appointment as the law may direct in other cases of vacancy in the same office. 207. § 16. Any person appointed to fill a vacancy, before entering upon the duties of the office, must give a bond corre- sponding in substance and form with the bond required of the officer originally elected or appointed, as herein provided. 208. § 17. When the incumbent of an office is re-elected or reappointed, he shall qualify by taking the oath and giving the bond as above directed; but when such officer has had public funds or property in his control, his bond shall not be approved until he has produced and fully accounted for such funds and property; and when it is ascertained that the incumbent of an office holds over by reason of the non-election or non-appoint- ment of a successer, or of the neglect or refusal of the successor to qualify, he shall qualify anew within ten days from the time at which his successor, if elected, should have qualified. 209. § 18. No person shall be surety for the same officer for more than two successive terms of the same office. 3._B0NDS— MUNICIPAL. [Comp. Stat., 1887, Chap. 9, Page 87.] 210. § 3. The State Treasurer, and such other officers as are by law designated for the purpose, are required to remit to the State Agency, at least ten days before the day of maturity of any bonds or coupons payable in New York city, sufficient moneys out of the tax collected for the purpose, for the redemption of such bonds and coupons, and in addition thereto, a commission not exceeding one-eighth of one per cent for the disbursement of the same, and all expenses for such commissions, exchange, and postage, shall be a proper charge against the state, county, city, township, precinct, or school district, for which such moneys are remitted, and shall be allowed the Treasurer in his settle- ment. (iOVEIlNMIONT OF THF CITY OF f.INCOLN. 70 4:.— BONDS— CONTRACTORS ON PUBJ.IC BUILD- INGS. AN ACT to secure the payment of mechanics’ and laborers’ wages on all public buildings where the provisions of the general mechanics’ lieu laws do not hpply. Approved March 21, 188*). In force July 1, 1889. 211. § 1. It shall be the duty of the Board of Public Lauds and Buildings, Boards of County Commissioners, the contracting board of officers of all cities and villages, and all public boards now or hereafter empowered by law to enter into a contract for the erecting and finishing, or the repairing of any jiublic build- ing, bridge, or other public structure, to which the general pro- visions of the mechanics’ lien laws do not apply, and where mechanics and laborers have no lien to secure the payment of their wages, to take from the person or corporation to whom the contract is awarded, a bond with at least two good and sufficient sureties, conditioned for the payment of all laborers and me- chanics for labor that shall be performed in the erecting, fur- nishing, or repairing, of the building, or in performing the contract. Said bond shall be to the board awarding the contract ; and no contract shall be entered into by such board until the bond herein provided for has been filed with and a'j)proved by said board. The said bond shall be safely kept by the board making the contract, and may be sued on by any person entitled to the benefit of this act. The action shall be in the name of the party claiming the benefit of this act. 5.— BONDS— COUPONS DETACHED. AN ACT authorizing the Auditor of Public Accounts, before registering the bonds of any municipality, to Metach any and all coui)ons that sliall mature before the taxes levied for the payment of same shall become due. 212, § 1. That whenever a bond of any county, city, town, township, precinct, village, school district, or other municipality shall be presented to the Auditor of Public Accounts for regis- tration, the Auditor shall examine the interest coupons thereto attached, and shall detach as many of them as shall mature be- fore the first taxes are levied to meet the same shall become due and collectible, and stamp said coupons, ‘^Detached by the Au- ditor of Public Accounts,” and send to the Treasurer of the county from which said coiqions were issued. 80 STATUTES RELATING TO THE . 6.— BONDS— INTERNAL IMPROVEMENTS. [Comp. Stat., 1887, Chap. 45, Page 485.] 213. § 1. That any county or city in the State of Nebraska is hereby autliorized to issue bonds to aid in the construction of any railroad, or other work of internal improvement, to an amount to be determined by the County Commissioners of such county, or the City Council of such city, not exceeding ten per centum of the assessed valuation of all the taxable property in said county or city: Provided^ The County Commissioners or City Council shall first submit the question of the issuing of such bonds, to a vote of the legal voters of said county or city, in the manner provided by chapter nine of the Revised Statutes of the State of Nebraska, for submitting to the people of a county the question of borrowing money. [1869, § 1, 92; G. S., 448.] 214. § 2. The proposition of the question must be accom- panied by a provision to levy a tax annually for the payment of the interest on said bonds as it becomes due: Provided, That an additional amount shall be levied and collected to pay the prin- cipal of said bonds, when it shall become due: And Provided further, That no tax shall be levied or collected to pay any of the principal of said bonds until after the year 1880. [Amended 1870, 15.] 215. § 3. The proposition shall state the rate of interest such bond shall draw, and when the principal and interest shall be made payable. 216. § 4. If two-thirds of the votes cast at any such election for the purposes herein set forth, be in favor of the propositions submitted, the County Commissioners in the case of a county, and the City Council in the case of a city, shall cause the prop- osition, and the result of the vote, to be entered upon the rec- ords of said county or city, and a notice of its adoption to be published for two successive weeks in any newspaper in said county or city, if there be one, and shall thereupon issue said bonds, which shall be and continue a subsisting debt against such county or city, until they are discharged. [Amended taking effect December 1, 1875. Laws, 1875, 87.] 217. § 5. It shall be the duty of the proper officers of such county or city to cause to be annually levied, collected, and paid to the holders of such bonds, a special tax on all the taxable (U)VKIINMKNT OF THE CITY OF TTNCOT.N. 81 property within said county or city, sufficient to pay the annual interest as the same becomes due; and when the principal of said bonds become due, such officers shall in like manner collect an additional amount sufficient to pay the same as it become due: Providedy That when any bonds have been heretofore issued, such officers shall not levy or collect any amount more than may be necessary to pay the amount annually falling due by the con- dition of such bond until after the year 1880: Providedy That not more than 10 per centum of the principal of said bonds shall be collected in any one year, excepting where bonds have been heretofore issued, and by the conditions of such bonds are recpiired to be paid in some other manner. 218. § 6. Any county or city which shall have issued its bonds, in pursuance of this act, shall be estopped from pleading want of consideration therefor, and the proper officers of such county or city may be compelled by mandamuSy or otherwise, to levy the tax herein provided to pay the same. 219. § 8. All bonds heretofore voted and issued by any county or city of this state, to aid in the construction of any railroad or other work of internal improvement, are hereby declared to be legal and valid, and a lien upon all of the taxable property in such county or city, notwithstanding any defect or irregularity in the submission of the question to a vote of the people, or in taking the vote, or in the exeeution of such bonds, and not- withstanding the same may not have been voted upon, executed, or issued, in conformity with law, and such bonds shall have the same legal validity and binding force as if they had been le- gally authorized, voted upon, and executed: Providedy That nothing in this section, nor in this act, shall be so construed as to legalize, or in any way sanction any vote of the people of Nemaha county, heretofore had, for the purpose of aiding in the construction of any railroad, nor anything done by the County Commissioners of said county, authorizing said vote, or anything done by them in consequence of such vote. 220. § 9. That after the year 1880, the officers of any county or city may levy and collect not exceeding 10 [)er centum of the principal of said bonds: Providedy Said bonds are not pay- able in installments not exceeding ten per centum; and whenever any county, city, or precinct, shall have on hand an amount ex- ceeding two thousand dollars, for the payment of the principal of said indebtedness, the corporate authorities of such county or city shall advertise for the surrender of any such indebtedness; 82 STATUTES RELATING 'JO THE and the person offering to surrender such indebtedness on tlie lowest and best terms shall receive the money and surrender such indebtedness; and it at any time there shall have accumu- lated a sura exceeding ten thousand dollars, the same may be invested in Nebraska state stock, or in United States stocks. [1870, § 3, 15.] 221. § 10. All taxes which have been paid to raise a sink- ing fund to pay the principal of such indebtedness, and now on hand, shall be returned to the person paying the same. [1870, § 4 , 15 ,] 7.— REFUNDING BONDS. 222. § 11. That any county, precinct, or city, in the state of Nebraska, which has heretofore voted and issued bond or bonds to aid in the construction of any railroad or other work of in- ternal improvement, and which bond or bonds, or any part thereof still remain and are a legal liability against such county, precinct, or city, and bearing interest at a greater rate than seven (7) per centum per annum, is hereby authorized to issue coupon bond or bonds, bearing interest at a rate not exceeding seven (7) per eentum per annum, to be substituted or exchanged for such bond or bonds heretofore issued, whenever sucli county, precinct, or city, can effect such substitution or exchange dollar for dollar : Provided, That no such refunding bonds shall be issued except after four (4) publications of notice thereof in at least two weekly jjapers, published in the county, by the duly constituted authori- ties of such county, city, village, or precinct, which notice shall recite the date, number, and denomination, of the bonds sought to be refunded, and also of the bonds sought to be issued. [Amended 1885, chap. 59.] 223. § 12. The new bond or bonds so issued shall have re- cited therein the object of its or their issue, the whole of the act under which the issue is made, stating the issue to be in pursu- ance thereof, and shall also state the number, date, and amount, of the bond or bonds for which it is or they are issued; and such new bond or bonds shall not be delivered until the surrender of the bond or bonds so designated. [Id.] 224. § 13. The new bond or bonds so issued shall not re- quire a vote of the people to autliorize such issue, shall be paid and the levy be made and tax collected for payment of same in accordance with the laws now governing the said bond or bonds heretofore issued. [Id.] (JOVERNMENT OF THE CITY OF EINCOLN. 83 8._B0NDS— INTEREST. [Comp. Stat., 1887, Chap. 44, Page 484.] 225. § 10. All warrants issued by the proper authorities of the state, county, city, town, or other municipal subdivision less than a county, shall draw interest from and after the date of their presentation for payment, at the rate of seven per cent per annum, and all bonds issued by any county, city, township, pre- cinct, or school district, shall not draw interest at a rate exceed- ing eight per cent per annum. 9._C0RP0RATI0NS— RAILROAD COMPANIES. [Comp. Stat., 1887, Chap. 16, Page 244 ] 226. § 75. Such corporation shall be authorized and empow- ered to lay out, locate, construct, furnish, maintain, operate, and enjoy, a railroad with single or double tracks, with such side tracks, turnouts, offices, and depots, as shall be necessary, between the places at the termini of the said road, commencing at or within and extending to or into any town, city, or village, named as the termini of said road, and construct branches from the main line to other towns or places within the limits of this state. [Amended 1871, 104.] 227. § 83. If it shall be necessary, in the location of any part of any railroad, to occupy any road, street, alley, or public way or ground of any kind, or any part thereof, it shall be com- petent for the municipal or other corporation or public officer or public authorities, owning or having charge thereof, and the rail- road company, to agree upon the manner, and upon the terms and conditions upon which the same may be used or occupied; and if said parties shall be unable to agree thereon, and it shall be necessary, in the judgment of the directors of such railroad company, to use or occupy such road, street, alley, or other pub- lic way or ground, such company may appropriate so much of the same as may be necessary for the purposes of such road, in the same manner and upon the same terms as is provided for the appropriation of the property of individuals by the eighty-first section of this chapter. 228. § 101. Any railroad corporation may raise or lower any turnpike, plank road, or other way, for the purpose of having their railroad pass over or under the same; and in such cases 84 .STATUTES liELATlNG TO THE said corporation shall put such turnpike, plank road, or other way, as soon as may be, in good repair. 229. § 102. Every railroad corporation, while employed in raising or lowering any turnpike or other way, or in making any other alterations, by means of which the said way may be ob- structed, shall provide, and keep in good order, suitable tempo- rary ways to enable travelers to avoid or pass such obstructions. 229. § 103. Every railroad corporation shall maintain and keep in good repair all bridges, with their abutments, which such corporation sliall construct, for the purpose of enabling their road to pass over or under any turnpike, road, canal, water- course, or other way. 230. § 104. A bell of at least thirty pounds weight, or a steam whistle, shall be placed on each locomotive engine, and shall be rung or whistled at a distance of at least eighty rods from the place where the said railroad shall cross any other road or street, and be kept ringing or whistling until it shall have crossed said road or street, under a penalty of fifty dollars for every neglect, to be paid by the corporation owning the railroad, one-half thereof to go to the informer, and the other half to this state, and also be liable for all damages which shall be sustained by any person by reason of such neglect. 10.— REVENUE FROM INTERNAL IMPROVE- MENTS. AN ACT to amend Section one (1) of Article seven (7,) Chapter seventy-seven (77) of the Compiled Statutes, entitled “ Revenue,” and to repeal said section as now exist- ing. Approved March 27, 1889. In force July 1, 1889. 231. § 1. That section one (1) of article seven (7) of chap- ter seventy-seven (77) of the Compiled Statutes, entitled Reve- nue,’^ be amended so as to read as follows: 232. § 1. That where any township, precinct, incorporated city, or village, in this state, has heretofore or may hereafter is- sue any bonds to aid in construction or completion of any works of internal improvements, the revenues which shall arise from the taxation of such internal improvement shall be set apart for- ever to pay the interest and principal upon said bonds, until the same shall be fully paid; and in the event that such revenues shall not be sufficient to pay such bonds at their maturity, such revenues shall still be set apart and shall be credited to the gen- eral fund required from such township, precinct, incorporated city or village, before such tax list is extended until the same shall be fnlly reimbursed. (U)Vi:UN]MENT OF THE CITY OF EINCOEN. 85 11._C1TY OFFICERS NOT TO BE INTERESTED IN CONTRACT. AN ACT to punish city and village oflicers who become interested in contracts with the city or village, or who furnish any material to any person contracting with the city or village. Approved March 15, 1889 ; Emergency. 233. § 1. Any officer of any city in this state who shall hereafter be interested directly or indirectly in any contract to which the city is a party, or who shall enter into any contract to furnish, or shall furnish, to any contractor or subcontractor with a city of which he is an officer, any material to be used in per- forming any contract with such city, shall, upon conviction thereof, be fined in any sum not less than one thousand dollars, ($1,000,) nor more than five thousand dollars, ($5,000.) 233. § 2. Any officer of any village in this state who shall hereafter be interested directly or indirectly in any contract to which such village is a party, or who shall enter into auy con- tract to furnish, or shall furnish to any contractor or subcon- tractor with the village of which he is an officer, any material to be used in performing any contract with such village, shall, upon conviction thereof, be fined in any sum not less than one hundred ($100) dollars nor more than one thousand ($1,000) dollars. 12.— CIVIL RIGHTS. [Comp. Stat., 1887, Chap. 14a, Page 228.] 234. § 1. All persons within this state shall be entitled to the full and equal enjoyment of the accommodations, advant- ♦ ages, facilities, and privileges, of inns, public conveyances, barber shops, theaters, and other place.8 of amusement; subject only to the conditions and limitations established by law, and applicable alike to every person. [1885, chap. 104.] 235. § 2. Any person who shall violate the foregoing section by denying to any person, except for reasons by law applicable to all persons, the full enjoyment of any of the accommodations, advantages, facilities, or privileges, enumerated in said section, or by aiding or inciting such denials, shall for each offense be deemed guilty of a misdemeanor, and be fined in any sum not less than twenty-five dollars, ($25.00,) and not more than two hundred dollars, ($200.00,) and pay costs of the prosecution, and in default or refusal to pay the fine and costs, be imprisoned in the county jail until such fine and costs are paid. 86 STATUTES RELATING TO THE 13.— EXEMPTION FROM POLL TAX. AN ACUto cxeini)t pensioners, disabled soldiers, and invalids, from paying a poll tax or working on the public highways in this state. Approved March 29, 18«9. In force .July 1, 1889. 236. § 1. That all pensioners of the United States shall be exempt from paying a poll tax or performing any labor on any highway in this state. 14.— INSURANCE COMPANIES— TAXATION OF. AN ACT to require insurance companies organized under the laws of this state, and doing business in Nebraska, to pay a duty or rate for the support of fire companies composing the fire department of any city or village. Approved April 3, 1889. In force July 1, 1889. 237. § 1. There shall be paid on the first days of July and January in each year to the Treasurer of any city or village or- ganized under the laws of this state, for the use, support, and benefit of the companies composing such fire department, by every underwriter who shall eff'ect any fire insurance and by every person who shall act as agent for any fire insurance corporation, company, association, or underwriter whatever, in such city, or village, a duty or rate of two per centum upon the amount of all premiums which, during the year, or a part of a year, ending on the next preceding first day of July, or January, shall have been received by such underwriter or agent, or by any other person for him, or shall have been agreed to be paid upon any insur- ance effected, or agreed to be effected or promised by him, as such agent or otherwise, against loss or injury by fire in any such city or village. 238. § 2. No person shall in any such city or village, as un- < derwriter, agent, or otherwise, effect or agree to effect, or procure to be effected, any insurance upon which the above duty or rate is required to be paid until he shall have executed and delivered to such Treasurer a bond in the sum of one thousand dollars, with such sureties as such Treasurer shall approve, conditioned, that he will render to such Treasurer, on the first days of July and January in each year, a just and true account, verified by his affidavit, of all premiums which, during the six months im- mediately preceding such report, shall have been received by him, or any other person for him, or agreed to be paid for any insurance against loss or injury by fire in any such city or village, which shall have been effected or agreed to be effected by him, and that he will semi-annually on the first days of July and (;OVEIlNMENT Ol' THE CITY OF LINCOLN. 87 January in each year, pay to the said Treasurer two per centum upon the full amount of such premiums, for the use, support, and benefit, of such fire departments as aforesaid. 239. § 3. Every person who shall effect or agree to effect any fire insurance in any such city or village without having executed and delivered such bond, or who shall willfully omit or refuse to pay such duty or rate, shall be deemed guilty of a mis- demeanor, and for each offense shall be subject to indictment, and upon conviction thereof, in any court of competent jurisdic- tion, shall be fined in any sum not exceeding one thousand dol- lars, or be imprisoned in the county jail not exceeding six months, or both, in the discretion of the court. Said duty or rate may also be recovered of such fire insurance corporation, company, or association, or its agent, or both, by action in the name and for the use of such fire department, as for money had and received for its use, support, and benefit as aforesaid. 240. § 4. The requirements of this act shall apply only to such cities and villages as have an organized fire department of at least one fire engine or hose company, with not less than ten active members, having at least one good fire engineer hose cart, and not less than five hundred feet of sound rubber, leather, or other hose, ke[)t in an engine house, fit and ready at all times for actual service, and at least one hook and ladder company with not less than twelve active members, having a good hook and ladder truck ; and in case of a paid or partly paid fire depart- ment, the buildings, machinery, and material, hereinbefore enu- merated, and the necessary men, teams, and equipments, so as to constitute an active and properly equipped department, ready for service at all times. 15.— LIBRARIES. [Comp. Stax., 1887, Chap. 49, 493.] 241. § 1. The City or Town Council of each incorporated city or town shall have power to establish and maintain a public library and reading-room for use of the inhabitants of such city or town, and may levy a tax of not more than one mill on the dollar annually, to be levied and collected in like manner as other taxes of said city or town, and to be known as the library fund. [1877, § 1, 150.] 242. § 2. When any City or Town Council shall have de- cided by ordinance to establish and maintain a public library and 88 STATUTES RELATING TO THE reading-room under this act, they shall elect a Library Board of nine directors, to be chosen from the citizens at large, of which Board neither the Mayor or any member of the City or Town Council shall be a member. Such directors first elected shall hold their office, three for the term of one year, three for the term of two years, and three for the term of three years, from the first day of July following their appointment, and three directors shall be chosen annually thereafter; and in cases of vacancies by resignation, removal, or otherwise, the Council shall fill such va- cancy for the unexpired term, and no director shall receive any pay or compensation for any services rendered as member of such board, and such directors shall give such bond as the Council may require. 243. § 3. Such directors shall, immediately after their ap- pointment, meet and organize, by electing one of their number President, and such other officers as may be necessary. Five of such board shall be a quorum. They shall have power to make and adopt such by-laws, rules, and regulations, for their own guidance, and for the government of the library and reading- room, as they may deem expedient, subject to the supervision and control of the City or Town Council, and not inconsistent with this act. They shall have exclusive control of expenditures of all moneys collected or donated to the credit of the library fund, and of the renting and construction of any library build- ing, the supervision, care, and custody of the grounds, rooms, or buildings, constructed, leased, or set apart for that purpose. 244. §4. Any tax levied or collected, or funds donated thereto, shall be kept for the use of such library, separate and apart from other funds of said city or town, and shall be drawn upon by the proper officers upon the authenticated vouchers of the Library Board, and shall not be used or disbursed for any other j)urpose. 245. § 5. The Library Board shall have power to purchase or lease grounds; to erect, lease, or occupy an appropriate build- ing for the use of such library ; to appoint a suitable librarian and assistants, to fix their compensation, and to remove their appoint- ments at pleasure; and shall have power to establish regulations for the government of such library as may be deemed necessary for its preservation, and to maintain its usefulness and efficiency, and to fix and impose by general rules, penalties, and forfeitures, for trespasses, or injury upon or to the library grounds, rooms, books, or other property, or failure to return any book, or for violation of any by-law or regulation ; and shall have and exer- (^()VERNI\rENT OF THE CITY OF LINCOLN. 89 cisc such power as may be necessary to carry out the spirit and intent of this act, in establishing and maintaining a public library and reading-room.- 246. § 6. Every library and reading-room established under this act shall be forever free to the use of the inhabitants of the city or town, subject always to such reasonable regulations as the Library Board may adopt to render said library and reading room of the greatest use to the inhabitants of said city or town, and the board may exclude from the use of the library and read- ing-rooms any person who shall willfully violate or reluseto com- ply with rules and regulations established for the government thereof. 247. § 7. The Library Board shall, on or before the second Monday in June in each year, make a report to the City or Town Council of the condition of their trust on the first day of June in such year, showing all moneys received or expended, the num- ber of books and periodicals on hand, newspapers and current literature subscribed for or donated to the reading-room depart- ment; the number of books and periodicals ordered by purchase, gift, or obtained during the year, and the number lost or miss- ing; the number of visitors attending; the number and character of books loaned or issued, with such statistics, information, and suggestions, as they may deem of general interest, or as the City or Town Council may require, which report shall be verified by affidavit of the proper officers of said board. 248. § 8. Any by-law or regulation established by the Li- brary Board, may be amended or annulled by the Council of said city or town. 249. § 9. Penalties imposed or accruing by any by-law or regulation of the Library Board may be recovered in a civil ac- tion before the Police Judge, or any Justice of the Peace, or other court having jurisdiction ; such action to be instituted in the name of the ‘^Library Board of the City or Town Library,^Lind moneys collected in such action shall be forthwith placed in the city treasury to the credit of the library fund. 250. § 10. Any person may make any donation of money or lands for the benefit of such library, and the title to property so donated may be made to and shall vest in the Library Board and their successors in office, and such board shall thereby be- come the owners thereof in trust to the uses of the public library of such city or town. 251. § 1 1. The property of such library shall be exempt from 90 STATUTES DELATING TO THE execution, and shall also be exempt from taxation, as other pub- lic property. 252. § 12. The Library Board shall have power to author- ize any circulating library, reading matter, or work of art of any private person, association, or corporation, to be deposited in the public-library rooms, to be drawn or used outside of the rooms only on payment of such fee or membership as the person, corporation, or association, owning the same may require. De- posits may be removed by the owner thereof at })leasure, but the books or other reading matter so deposited in the rooms of any such public library shall be separately and distinctly marked, and kept upon shelves apart from the books of the public city or town library, and every such private or associate library, or other property so deposited in any public library, while so placed or remaining, shall be subject to use and reading within the library room without charge by any person an inhabitant of said city or town and entitled to the use of the free library. 16.— SEAT OF GOVEENMENT. [Comp. Stat., 1867, Chap. 82, Page 688.] 253. § 1. That the Governer, Secretary of State, and the Auditor, be and they are hereby appointed Commissioners for the purpose of locating the seat of government and the public buildings of the state of Nebraska. 254. § 3. On or before the fifteenth day of July, A. D. 1867, the Commissioners, or a majority of them, shall, upon actual view, select from the lands belonging to the state, within the fol- lowing limits, to-wit : The county of Seward, the south half of the counties of Saunders and Butler, and that portion of the county of Lancaster lying north of the south line of township nine, a suitable site of not less than six hundred and forty acres, lying in one body, for a town, due regard being had to its acces- sibility from all portions of the state, and its general fitness for a capital. They shall then appoint a suitable person as surveyor, and such other assistants as may be necessary, who shall take and subscribe an oath similar to the one taken by tlie Commission- ers. They shall immediately survey, lay off, and stake out, the said tract of land into lots, blocks, streets, and alleys, and j)ub- lic squares, or reservations for public buildings, which said town, when so laid out and surveyed, shall be named and known as Lincoln, and the same is hereby declared to be the permanent (JOVERNMENT OF THE CITY OF LINCOLN. 01 scat of government of the state of Nebraska, at which all of the public offices of the state shall be kept, and at which all of the sessions of the Legislature shall hereafter be held. 255. § 11. The State University and State Agricultural Col- lege shall be united as one educational institution, and shall be located upon a reservation selected by said Commissioners in said Lincoln,’^ and the necessary buildings shall be erected thereon as soon as funds can be secured by the sale of lands donated to the state for that purpose, or from other sources. 256. § 12. The penitentiary of the state shall be located upon a reservation selected by the said Commissioners in the said ‘^Lin- coln,’’ or upon lands belonging to the state, and adjacent to said town of ^^Lincoln,^^ and the necessary building shall be erected as soon as funds can be secured. 257. § 13. As soon as the capitol building provided for in this act is erected and completed, it shall be the duty of the Gov- ernor to issue his proclamation announcing said fact, and there- upon it shall be the duty of all the state officers whose offices are properly kept at the capitol, to remove, within three months, their several offices, together with the public property, archives, records, books, and papers, to said Lincoln,^’ and all sessions of the Legislature shall thereafter be convened at the same place. 17. _market square. AN ACT granting to the city of Lincoln a certain block of lots in said city for a market place. Approved February 24, 1875. 258. § 1. That there is hereby granted and donated to the city of Lincoln for public use as a market square, all of block twenty-nine in said city, theretofore known as and called ‘‘The State Historical Society Block. 259. § 2. That it is a fundamental condition of this grant that said block shall forever remain the public property of said city for the use of its citizens for market purposes, and shall never be sold or alienated by said city. 18. _union square. AN ACT to change the name of Market Square in the city of Lincoln. Approved February 25, 1875. 260. § 1. That block forty-three in the city of Lincoln, here- tofore called and known as Market Square, and sometimes as Market Space, in the city of Lincoln, shall hereafter be called^ and known as Union Square. :e^j^:r'T' two. General Ordinances of the City of Lincoln. 1716. AN ORDINANCE For revising and consolidating the general ordinances of the city of Lincoln, Nebraska, and arranging the special ordinances, the charter, and the rules of the Excise Board for publica- tion in book form. Whereas, It is expedient that the general ordinances of the city of Lincoln, Nebraska, should be consolidated and arranged in appropriate chapters, articles, sections, and paragraphs; that omissions should be supplied and defects amended, and that the whole should be rendered plain, concise and intelligible ; and that the special ordinances of the city, the charter, and the rules of the Excise Board should be arranged for publication in book form : Therefore, Be it ordained by the Mayor and Council of the City of Lincoln : Section 1. That the ordinances of the city of Lincoln as re- vised and compiled under title of Revised Ordinances of Lin- coln, Neb.,’’ by L. W. Billingsley and R. J. Greene, and the special ordinances, charter of the city, and rules of the Excise Board, arranged, printed, and published in book and pamphlet form, as follows: ( 95 ) AN ORDINANCE creating the diflcrent ofliccs of the city of Lincoln, defining the duties of city ofiicers, prescribing their oflicial oaths and bonds, the manner of giv- ing the same, and disqualifying city officers as bondsmen in certain cases, provid- ing for their removal and the filling of vacancies, prescribing causes for forfeiture of ofliee and establishing the procedure to be followed, rendering city officers in- eligible to other city offices, investing members of the Fire Department with police powers, providing for the destruction of property in emergencies, establishing regu- lations for the various departments, and prescribing penalties and forfeitures for the violation thereof and for violations of the provisions of this ordinance, and re- pealing ordinances in eonfiict herewith. Be it ordained by the Mayor and Council of the City of Lincoln : CHAPTER I. City Officers. Article I.— Elective Officers. II.— Appointive Officers and Employes. III. — Official Oaths and Bonds. IV. — Salaries. V.— Special Proyisions. VI.— Removal of Officers. Article I. Elective Officers. 261. § 1. The elective officers of the city of Lincoln shall consist of a Mayor, City Treasurer, City Clerk, Water Commis- sioner, City Attorney, City Engineer, and Police Judge, to be elected by a plurality of the votes of the whole city for the term of two years. There shall also be an Excise Board, consisting of the Mayor and two members elected by the city at large, who shall serve for two years. Two Councilmen shall be elected from each ward, and shall hold office for the term of two years. Each of said officers shall be elected at the time prescribed by the law governing cities of the first class, and shall perform such duties as may be imposed by law or ordinance. 6 m 98 GENERAL ORDINANCES OF Article II. Appointive Officers and Employes, 262. § 1. The appointive officers of the city of Lincoln shall consist of a Deputy City Attorney, Street Commissioner, As- sistant Street Commissioner, Chief of Fire Department, Build- ing Inspector, three members of the Board of Public Works, Deputy Clerk, Deputy Treasurer, Tax Collector, Health Officer, Marshal, and City Physician. 263. § 2. The Street Commissioner, Assistant Street Com- missioner, and Chief of Fire Department, shall be appointed by the Mayor, with the assent of the Council, as soon as may be after the beginning of each municipal year. Each of said officers shall hold office until the end of the municipal year in which appointed, unless sooner removed by a three-fourths vote of the Council. The Mayor may also appoint temporarily a Justice of the Peace of the city to fill vacancy in office of Police Judge. 264. § 3. The Mayor shall also, with the assent of the Council, each year appoint one member of the Board of Public Works, who shall hold office for the term of three years, unless sooner removed by a two-thirds vote of the Council, or by a vote of the Mayor and a majority of the Council. 265. § 4. The Chief of Police shall be appointed by the Excise Board and shall hold his office during the pleasure of the Excise Board. Such number of regular police as may be deemed advisable may be appointed by the Excise Board, and may be removed by it at pleasure. In case of emergency the Mayor may appoint a necessary number of special police, who shall be removable at his pleasure. 266. § 5. The Health Officer shall be a regular policeman of the city, and shall perform such duties as may be imposed by ordinance. He shall be appointed by the Mayor. 267. § 6. The City Physician shall be appointed by the Mayor with the consent of the City Council, at such time as the THE CITY OF LINCOEN. 09 Council shall by resolution direct, and his services may be dis- pensed with at any time by a majority vote of tlie Council. 268. § 7. The Deputy Treasurer shall be appointed by the City Treasurer, who shall be liable upon his bond for all the acts of such Deputy. 269. § 8. The Mayor shall appoint such number of em- ployes in the fire department of the city as the Council may pro- vide by ordinance or resolution. 270. § 9. Such number of clerks and assistants as the Coun- cil shall authorize by ordinance or resolution may be appointed by the Mayor to assist the various city officers: Provided, That such persons only may be appointed as shall be recommended by the respective officers and be satisfactory to a majority of the Council. 271. § 10. The employes named in the two preceding sec- tions shall hold their positions for such time as the Council may prescribe. 272. § 11. The Mayor shall have power to authorize the employment of such number of laborers in the various depart- ments of the city as the Council may from time to time direct by resolution. Laborers shall only be employed for such time and in such number as shall be necessary. Article III. Official Oaths and Bonds. 273. § 1. All officers of this city, whether elected or ap- pointed, shall, before entering upon the duties of their respective offices, take and subscribe the following oath or affirmation : “I do solemnly swear (or affirm, as the case may be) that I will support the Constitution of the United States and the Con- stitution of the state of Nebraska, and that I will faithfully dis- charge the duties of the office of according to the best of my ability.’^ Which oath or affimation so subscribed shall be filed in the 100 GENERAL ORDINANCES OF office of the City Clerk, except that of the Clerk, which shall be filed with the City Treasurer. 274. § 2. Before entering upon the duties of their respective offices, the Mayor, Clerk, Police Judge, members of Board of Public Works, Abater Commissioners, members of Excise Board, Chief of Police, Street Commissioner, Assistant Commissioner, Chief of Fire Department, City Engineer, City Attorney and Deputy City Attorney shall severally execute bonds for the faith- ful performance of their duties, with not less than two good and sufficient sureties to the satisfaction of the Council, in the fol- lowing penal sums : Mayor Clerk Police Judge Chairman Board Public Works Other members Board Public Works.. Water Commissioner Members Excise Board, except Mayor. Chief of Police Street Commissioner Assistant Commissioner Chief Fire Department City Engineer City Attorney Deputy City Attorney | 5,000 5,000 5,000 15.000 10.000 5.000 2.000 1,000 2,000 1,000 2,000 2,000 5,000 5,000 275. § 3. The Treasurer of the city of Lincoln shall, before entering upon the duties of his office, execute a bond in the penal sum of three hundred thousand (300,000) dollars, with at least five good and sufficient sureties to the satisfaction of the Council, conditioned that he will faithfully perform all duties of his office as the same are or may be provided by law or ordinance of the city of Lincoln, and that he will faithfully account for all moneys that may come into his possession by virtue of his office, and for all acts of his deputy. 276. § 4. Each Councilman-elect shall, before entering upon the duties of bis office, give a bond in the sum of two thousand dollars, with two or more good and sufficient sureties, residents THE CITY OF JJNCOEN. 101 and freeliolders of the city, who shall each justify that he is worth at least two thousand dollars over and above all debts, liabilities, and exemptions, conditioned for the faithful discharge of the duties of the Councilman giving the same, and further conditioned that said Councilman shall not vote for any expendi- ture of money or the creation of any liability in excess of the amount allowed by law, and shall not vote for the transfer of any sum of money from one fund to another where such trans- fer is not allowed by law. 277. § 5. The bonds of all officers shall be given to the city of Lincoln, and shall be given, approved, and filed, within the time required by law, and before any of said officers shall enter upon the discharge of their respective duties. 278. § 6. Such sureties shall justify separately on the back of the bond that they are respectively worth the sums stated in their respective justifications over and above all debts and lia- bilities by them owing or incurred, or for which their own prop- erty is liable or encumbered at the time of justification, and over and above all exemptions by law of their property from execu- tion. The sums stated in such justifications on the bond of any officer shall in the aggregate amount to the penalty of such bond. 279. § 7. The bonds of all officers, except the Clerk, shall be filed with and remain in the custody of the City Clerk. The bond of the Clerk shall be filed with and remain in the custody of the City Treasurer. If the sureties on the official bond of any officer of the city should, in the opinion of the Mayor and Council, become insufficient, the Mayor and Council may by resolution fix a reasonable time within which such officer may give a new bond, or additional sureties, as directed by such reso- lution, and should such officer fail, refuse, or neglect to give such new bond, or sureties within the time prescribed in said resolu- tion, to the satisfaction and approval of said Mayor and Coun- cil, then the office shall, by reason of such failure, refusal, or neglect, become vacant, and it shall be the duty of the Mayor, by and with the assent of the Council, to appoint a competent and qualified person to fill such office. 102 GENERAL ORDINANCES OF Article IV. Salaries. 281. § 1. Tiiat the officers and employes of the city of Lincoln, Nebraska, shall be entitled, respectively, to receive in monthly installments, in warrants at par, in full of all services rendered by them at the rate designated hereafter: Mayor I o o 1-H 00 per annum. City Clerk 2,000 00 (( Deputy City Clerk 1,200 00 ii City Engineer 1,800 00 u City Attorney 1,500 00 (( Deputy City Attorney 900 00 (( Water Commissioner 1,000 00 (( Chairman, Board of Public Works... 1,200 00 (( Each Member, Board of Public Works 200 00 (( Each Councilman 300 00 Each Member of the Excise Board... 300 00 (( City Treasurer 2,000 00 i( Deputy City Treasurer 1,200 00 (( Tax Collector ; 900 00 (( Police Judge (to be retained by him out of the fees collected, for his services in cases arising under the ordinances of the city) 1,500 00 a Chief of Police 100 00 per month. Each captain of police 65 00 (( Each regular police 60 00 a Each special policeman, such sum as may be fixed at the time of his employment, not to exceed two ($2.00) dollars for each day’s or night’s services actually rendered. Street Commissioner 75 00 THE CITY OF LINCOLN. 103 Health Officer $70 00 per month. City Physician 300 00 per year. Assistant Street Commissioner 60 00 per month. City Jailer 50 00 it Driver of patrol 45 00 (( Janitor 45 00 i( City Detective..... 65 00 (( Inspector Meats and Live Stock 60 00 i( Each Tapper in Water Department.. 70 00 <( Engineer No. 1, Rice Well 65 00 (( Engineer No. 2, Rice Well 65 00 ii Two firemen. Rice Well 50 00 (( each. Engineer No. 1 at F St 65 00 (C Engineer No. 2 “ 60 00 n Two firemen 50 00 il a Two engineers at “C^^ St 65 00 ii ii Chief of Fire Department 100 00 ii Captain No. 1 of Fire Department... 70 00 ii Two captains. No. 2 65 00 ii a Engineer of Fire Department 70 00 a Each regular member. Fire Depart- ment 60 00 ft And all other employes of the city shall receive such wages or salary as may be fixed by the Council at the time of their em- ployment, and all laborers shall receive a compensation not to exceed $1.75 per day. § 2. That all aj)pointees in the Fire, Police, and Water De- partments shall be paid a salary, respectively, per month for the first three months of their service ten dollars less than the amount as specified in section one hereof: Provided^ That all per- sons who are or may be appointed in any of the said departments who shall have served for the space of three months in the same position during the year last past prior to their said a})point- ment shall receive the salary as specified in section one hereof. 104 GENERAL ORDINANCES OP Article V. Special Provisions, 282. § 1. No member of the City Council, or other officer of this city, shall^be accepted as security on any official bond, or upon any contractor’s bond, license or appeal bond, given to the city, or under any ordinance thereof, or from convictions in the Police Court. 283. § 2. No official bond shall be approved by the Mayor and Council unless the form thereof shall have been first ap- proved by the City Attorney, attested by his indorsement thereon. 284. § 3. Any officer desiring to be temporarily absent from the city shall apply to the Mayor for leave of absence, which may, in the discretion of the Mayor, be granted, in writing, for any term not exceeding thirty days, and when granted shall be filed with the clerk. If any officer absent himself from the city for the period of sixty days or more, he shall forfeit his salary during such absence, and if absent for ninety days his office may be declared vacant by the Mayor and three-fourths of all the members of the Council. 285. § 4. Every officer shall, upon going out of office, de- liver to his successor all books, papers, furniture, and other things appertaining to his office. 286. § 5. Every officer shall, at all times required, submit the books and papers of his office to the inspection of the Mayor, or any member of the City Council. 287. § 6. No officer of this city, nor any deputy, clerk, or employe, of any such officer, nor any servant or agent of this city, shall directly or indirectly, himself or by another, for his own or another’s benefit, deal in the purchase of city warrants, bonds, or other obligations of this city. 288. § 7. No city officer collecting money on account of the city of Lincoln, shall retain the same, or any part thereof, to satisfy any claims for wages or salary which he may have against the city. THE CITY OP LINCOLN. 105 289. § 8. All officers of this city, unless otherwise provided by law or ordinance, shall hold their offices for one year and until their sucessors shall be duly appointed and qualified, and the terms of all elective officers shall begin on the second Tues- day in April the terms of all appointive officers shall begin on the third Tuesday of April. 290. § 9. Any city officer upon whom the duty devolves is hereby authorized to demand and receive as fees for the use of the city, except where provision is herein made to the contrary: For the use of the corporate seal on any attestation, acknowl- edgment, or other certificate, fifty cents. For .certified copies of any record, each one hundred words, ten cents. 291. § 10. All officers of the city shall, in addition to the reports by ordinance required to be made by them, report to the Mayor in writing, when required, the condition of their respect- ive offices, and of the business, and all matters therein touching the interests of the city. 292. § 11. Any officer violating any provision of this ordi- nance shall be deemed guilty of misconduct in office and liable to removal from office therefor. Article YI. Removal of Officers. 293. § 1. That when any officer elected by the qualified voters of the city, or any ward or district thereof, shall have be- come habitually intemperate or in any way incompetent to dis- charge the duties of his office, or become grossly negligent in the discharge of his duties, or shall have removed from the city, ward, or district for and in which he was elected, or shall have been guilty of any act or conduct sufficient to constitute a mis- demeanor in office, or shall have neglected or refused to pay over any money in his hands belonging to the city, or to present his books or accounts to the proper officer or committee of the Coun- 106 GENERAL ORDINANCES OF cil for adjustment or settlement, or shall have been convicted of any crime or offense of an infamous character while in office, he shall be subject to removal from office by the City Council. 294. § 2. All complaints made before the City Council, pre- ferring charges against any member of the City Council, or any officer elected by the votes of the city, or any ward or district of the city, shall be in writing, and shall set forth clearly and spe- cifically the grounds of such charges. Such complaint shall be signed and verified by oath or affirmation, by the person making the same, before any officer authorized to administer oaths, and shall be filed with the City Clerk who shall report the same im- mediately to the Council, if the Council be then in session, or if not then in session, then at the next meeting. 295. § 3. Upon such complaint coming before the Council, if in the opinion of a majority of the members the charges therein made are proper to be tried and investigated, they shall fix a time and place for the trial of the same, which shall not be less than ten days thereafter. 296. § 4. The City Clerk shall make a certified copy of such charges and specifications, with a notice of the day set for hear- ing the same, and deliver the same to the City Marshal who shall serve the same upon the accused at least five days before the day of hearing. 297. § 5. The Marshal shall endorse a return upon such complaint of the manner and time of such service, and shall file the same with the City Clerk on or before the day set for hear- ing. 298. § 6. On the day of trial, or at any meeting previous thereto, the defendant may make an ap})lication in writing for a continuance, setting forth his reasons therefor, and if the Coun- cil consider the same sufficient, it may grant a reasonable delay or continuance. They shall also have power to make such order in case the testimony on the part of the city is not ready. In case an adjournment shall be had, notices of the adjourned meet- ing shall he issued by the Clerk and served by the Marshal, on all the members, at least one day previous to the meeting, and THE CITY OP LINCOLN. 107 all notices, subpa'iias, and citations, issued under the provisions of this article left at the residence of any party shall be consid- ered sufficient and legal service. 299. § 7. When such trial is held the presiding officer shall cause the Clerk to read to the Council the charges and specifica- tions, and declare the trial of the person accused to be the only business in order; after which the following oath or affirmation shall be administered by the Mayor, or in his absence any judge or magistrate of the county, to every member of the Council present : You do solemnly swear and affirm that you will try the case now pending before you, and give your opinion as to the truth of the charges made according to the law and evidence. So help you God.^^ 300. § 8. After hearing all the proof on both sides, the prosecution and defense may address the City Council, and after- ward any member in his place may comment upon the case. The hearing throughout shall be conducted as nearly as possible in the same manner as causes are heard in the courts of justice. All questions arising during the progress of the trial shall be de- termined by the President in the first instance subject to an ap- peal to the Council. 301. § 9. Subpoenas for witnesses to testify on such trial shall be issued by the presiding officer and shall be served by the Mar- shal or^ny policeman. 302. § 10. Any witness who will neglect to obey such sub- poena, or, appearing, shall refuse to testify, may be punished by imprisonment or fine. 303. § 11. Depositions of witnesses beyond the jurisdiction of the Council, or disabled by sickness or other cause from at- tendance, may be read on the trial, if taken in conformity with the laws of the state. The notice of the taking thereof, when taken on behalf of the accused, shall be served on the City At- torney or the Mayor. 304. § 12. Upon any trial had, as aforesaid, the accused shall be entitled to be heard by himself and counsel, in his defense ; 108 GENERAL ORDINANCES OF and the City Attorney shall attend the trial and prosecute on be- half of the city. 305. § 13. Witnesses upon such trial shall be entitled to the same fees as for attendance on the Police Court. The presiding officer at the trial shall certify the amount of costs and the names of the persons to whom the same is due, to the City Council, who shall audit and allow the same. 306. § 14. The proceedings of the Council on such trial shall be entered at large on their journal. 307. § 15. The Council may refer such charges against any officer to a committee of not less than three members thereof to take the testimony and report the same to the City Council. Such committee shall have the same power and its proceedings shall be in all respects the same as herein provided for a trial be- fore the whole Council. 308. § 16. Within three days after the evidence shall have been taken, or the report of the committee received and the tes- timony read to the Council, the Council shall proceed to vote upon each charge separately. The question shall be: “Is the accused guilty or not guilty?’^ If two-thirds of the whole number elect of the Council vote guilty on either of the charges, they may resolve that he be removed from office; and if they so resolve, they shall notify the Mayor thereof, who shall thereupon declare the office of said accused vacant. 309. § 17. All vacancies in any elective office shall be filled by the Mayor, by and with the assent of the Council. Such ap- pointee shall hold until the next general municipal election. In case of any vacancy occurring in the office of any Councilman, the Mayor shall fill the vacancy by appointment of some quali- fied resident of the ward in which the vacancy exists, with the assent of the Council. THE CITY OF LINCOLN. 109 CHAPTER II. Article L— The Mayor. II.— President of the Council. Article I. The Mayor. 310. § 1. The Mayor slmll take an oath of office, to be ad- ministered by the City Clerk or other officer authorized to ad- minister oaths, in the presence of the Council, and so many citizens as may desire to be present, at the Council chamber, on the second Tuesday of April, at the hour of 7:30 o’clock p. m. 311. § 2. The Mayor shall be the chief executive officer of the city, and conservator of its peace, and it shall be his special duty to cause the ordinances and regulations of the city to be faithfully and constantly obeyed, and that the provisions of the general laws governing the city are complied with. 312. § 3. The Mayor shall exercise a general supervision over all the departments of the city government, and see that the duties appertaining to the various city offices are properly per- formed. He may call upon any officer for information in rela- tion to the business of his office, and shall examine the grounds of all reasonable complaints made against any city officer, and cause all violations of duty, or neglect of any city officer, to be properly punished or reported to the Council for correction. 313. § 4. The Mayor shall appoint, by and with the consent of the City Council, all officers whose appointment is not other- wise by law or ordinance provided for; and whenever a vacancy shall happen in any office which by law he is empowered to fill, he shall, within thirty days after the happening of such vacancy, communicate to the Council the name of his appointee to such office, and pending the concurrence of the Council in such ap- no GENERAL ORDINANCES OF pointnient, the Mayor may appoint some suitable person to dis- charge the duties of such office. He shall sign all commissions and permits granted by authority of the City Council, except as otherwise provided, and such other acts as by law or ordinance may require his certificate. 314. § 5. The Mayor shall preside at all meetings of the Council, and shall have the casting vote when the Council is equally divided, except as otherwise provided by law. He shall from time to time communicate to the 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, com- fort, and general prosperity of the city, and shall have jurisdic- tion 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 of all ordinances of the city, except- ing taxation, within one-half mile of the corporate limits of the city. 315. § 6. In case of any riot, rout, or unlawful assembly, the Mayor shall have power to direct the action of the police of the city, to call to his aid all citizens in suppressing the same, and, in case of necessity, to employ special police. He shall have power to make arrests in cases where he shall have good reason to believe that offenses have been, or are about to be, committed, and to summons citizens to his aid in making such arrests. 316. § 7. The Mayor shall have authority to direct and aid in the removal of paupers from the city, and in case of extreme necessity, to provide for their temporary support. He shall have power to make provision for the temporary keeping and pro- tection of idiots and insane persons, when unaccompanied by proper guardian, and shall take immediate steps to have them transferred to the proper authorities. He shall have authority to employ and provide medical attendance, in cases of necessity, for indigent sick persons within the city. All expenses incurred by the Mayor, in performing the duties imposed by this section, shall be reported to the Council. THE CITY OF LINCOLN. Ill 317. § 8. The Mayor shall perform such other duties as may be imposed upon him by law or ordinance. He may, in his dis- cretion, grant temporary leave of absence to any officer, upon good cause shown, and no officer shall leave the city, for any cause, without such leave of absence from the Mayor, under the penalty of forfeiture of his office. 318. § 9. In case of any vacancy in the office of Mayor, or in case of his absence or disability, the President of the Coun- cil shall exercise the powers and duties of the office until such vacancy shall be filled or such disability removed or the Mayor returns. Article II. President of the Council, 319. § 1. The Mayor and Council are hereby authorized to elect one of the members of the Council as President of the Council who shall, in the absence of the Mayor, preside at all meetings of the Council, and the President, when occupying the place of the Mayor, shall have the same privileges as other members of the Council, and shall have all the powers of Mayor when so acting, and all his acts while so acting shall be binding upon the Council and upon the city as if done by the Mayor. He shall have no power to act as Mayor while the Mayor is in the city, nor unless absent therefrom more than one day, except to preside at Council meetings, and perform the duties and power of the Mayor while so presiding, or unless an emergency exists and has been so declared by the Council, or the Mayor is disqualified or unable to act. 320. § 2. In the absence of the Mayor and President of the Council, the Council may elect one of their own members as Acting President of the Council, and who shall have all the privileges of other members of the Council, and who shall have the powers and shall perform the duties of the Mayor while so acting. He shall be elected for one meeting at a time only, and his powers and duties shall cease with the adjournment of such 112 GENERAL ORNINANCES OF meeting, or his being relieved therein by the Mayor or President of the Council. He shall in no event approve any ordinance, resolution, or contract, unless an emergency exists, and the same is declared by a three-fourths vote of the Council elect. If for any reason the Mayor and President of the Council should both be absent from the city, or both be disqualified or unable to act, and an emergency should exist, then the City Council may elect one of their members as Acting President of the Council, who shall have all the powers and perform all the duties of the Mayor during the absence, disability, or inability to act of the Mayor and President of the Council, but before such election the Council shall declare such emergency, disability, or inability to act of both the Mayor and President of the Council, and a three-fourths vote of the members elect shall be required to elect such Acting President and give him the powers and duties in this clause of this section prescribed. CHAPTER III. Legislative Department. Article I.— The City Council. II.— The City Clerk. Article I. The City Council, 321. § 1. The City Council shall exercise such powers as are conferred by law. Regular meetings of the Council shall be held at the Council chamber on Monday evening of each week, and special meetings whenever called by the Mayor or any four Councilmen. Two-thirds of all the members elected to the Council shall constitute a quorum for the transaction of any THE CITY OP LINCOLN. 113 business, but ii less number may adjourn from time to time and eompel the attendance of absent members. 322. § 2. The resignation of any member shall be addressed to the presiding officer of the Council, and shall not take effect until accepted by a majority vote of the members present. 323. § 3. Any Councilman absenting himself from any meet- ing of the Council without reasonable excuse, shall be liable to a fine of not less than one dollar nor more than five dollars, to be imposed by the Council. Sickness, or absence from the city, shall be a valid excuse. 324. § 4. The Chief of Police shall attend the sessions of the Council, and execute all orders of the Council to him di- rected. 325. § 5. In case of a vacancy in the office of Councilman from any ward, the Mayor shall, by and with the assent of the Council, fill the vacancy by appointment of some qualified resi- dent of the ward in which such vacancy occurs, to hold until the next ensuing general municipal election. 326. § 6. The Council in the transaction of business shall be governed by the following rules and regulations: Rule I. — At the hour appointed for the meeting of the Coun- cil, the Clerk, (or some one filling his place,) shall, on the order of the Mayor, call the roll of members. Two-thirds of all the members elected to the Council shall constitute a quorum for the transaction of business, but a less number may adjourn from time to time and compel the attendance of absent members. The following shall be the order of business, unless otherwise ordered temporarily by a two-thirds vote. ORDER OF BUSINESS. 1. Roll call. 2. Reading journal. 3. Petitions and communications. 4. Reports of city officers. 5. Reports of standing committees and resolutions accom- panying. 114 GENERAL ORDINANCES OF 6. Reports of special commitiees. 7. Unfinished business. 8. Ordinances and resolutions. 9. Claims. 10. Miscellaneous business. OF THE DUTIES OF THE MAYOR. 327. Rule II. — He shall take the chair at the hour to which the Council shall have adjourned; shall immediately call the members to order, and, on the appearance of a quorum after the calling of the roll, cause the journal of the preceding meeting to be read and corrected. 328. Rule III. — He shall preserve order and decorum; may speak on points of order in preference to other members, rising from his seat for that purpose; and shall decide questions of order, subject to appeal to the Council by any member; on which appeal no member shall speak more than once, unless by leave of the Council. 329. Rule IV. — He shall rise to put a question, but may state it sitting. 330. Rule V. — All committees shall be appointed by the Mayor, unless otherwise specially directed by the Council. 331. Rule VI. — In all cases where other than a member of the Council shall be eligible to an office by the election of the Council, there shall be a previous nomination by the Mayor. 332. Rule VII. — The Mayor or President presiding shall vote on all questions where there is a tie vote. 333. Rule VIII. — All ordinances, orders, appointments, and licenses, shall be signed by the Mayor. 334. Rule IX. — In the absence of the Mayor, the Presi- dent of the Council shall preside, and he shall have and exercise the same powers and duties of the Mayor. In the absence of the Mayor and President, any member of the Council may, at a meeting, be elected by a three-fourths vote of the council Act- ing President to preside at such meeting. THE (^TY OF I.IN(JOLN. 115 OF DECORUI^I AND DEBATE. 335. Rule X. — When any member is about to speak in de- bate or otherwise, or present any matter to the Council, he shall rise from his seat and respectfully address himself to Mr. Presi- dent,’’ and shall confine himself to the matter under considera- tion, and avoid personalities. 336. Rule XI. — When two or more members happen to rise at once, the Mayor shall name the member who is first to speak. 337. Rule XII. — No member shall speak more than once to the same question, without leave of the Council, unless he be the mover, proposer, or introducer, of the matter pending, in which case he shall be permitted to speak in reply, but not until every member choosing to speak shall have spoken. 338. Rule XIII. — While the Mayor is putting any ques- tion, or addressing the Council, none shall walk out or across the hall; nor, in such case, or when a member is speaking, shall entertain private discourse; nor while a member is speaking shall pass between him and the chair. Every member shall re- main uncovered during the session of the Council. 339. Rule XIV. — Every member who shall be in the Council when the question is put, shall give his vote, unless the Council, for special reasons, shall excuse him. All motions to excuse a member from voting shall be made before the Council divides, or before the call of the ayes and nays are commenced, and any member requesting to be excused from voting may make a brief verbal statement of the reasons for making such request, and the question shall then be taken without further debate. 340. Rule XV. — When a motion is made and seconded, it shall be stated by the Mayor; or, being in writing, it shall be handed to the chair, and read aloud by the Clerk before debate. 341. Rule XVI. — Every motion shall be reduced to writ- ing, if the Mayor or any member desire it. 342. Rule XVII. — After the motion is stated by the Presi- dent, or read by the Clerk, it shall be deemed to be in possession 116 GENERAL ORDINANCES OF of the Council, but may be withdrawn at any time before a de- cision or amendment. 343. Rule XVIII. — When a question is under debate, no motion shall be received but to adjourn, to lie on the table, for the previous question, to postpone to a day certain, to postpone indefinitely, to commit, or amend, which several motions shall have precedence in the order in which they are named in this rule. 344. RuIvE XIX. — When a resolution shall be offered or a motion made to refer any subject, and different committees shall be proposed, the question shall be taken in the following order : The committee of the whole, a standing committee, a select com- mittee. 345. Rule XX. — A motion to adjourn, and a motion to fix the day to which the Council shall adjourn, shall be always in order; these motions, and the motion to lie on the table, shall be decided without debate. 346. Rule XXI. — The previous question shall be in this form: “Shall the main question be now put? It shall only be admitted when demanded by a majority of the members pres- ent, and its effect shall be to put an end to all debate, and bring the Council to a direct vote upon amendments reported by a com- mittee, if any, upon pending amendments, and then upon the main question. On a motion for a previous question, and prior to the seconding of the same, a call of the Council shall be in order; but after a majority shall have seconded such motion, no call shall be in order prior to the decision of the main question. 347. Rule XXII. — On a previous question there shall be no debate. All incidental questions of order arising after a mo- tion is made for the previous question, and pending such motion, shall be decided, whether on appeal or otherwise, without debate. 348. Rule XXIII. — Any member may call for a division of a question, which shall be divided if it comprehend proposi- tions in substance so distinct that one being taken away a sub- stantive proposition shall remain for the decision of the Council. A motion to strike out and insert shall be deemed inadvisable. THE CITY OF LINCOLN. 117 but a motion to strike out being lost, shall preclude neither amendment nor a motion to strike out and insert. 349. liuLE XXIV. — No motion or proposition on a subject different from that under consideration shall be admitted under color of amendment. No bill or resolution shall, at any time, be amended by annexing thereto, or incorporating therewith, any other bill or resolution pending before the Council. 350. Rule XXV. — When a motion has once been made and carried in the affirmative or negative, it shall be in order for any member of the majority to move for the reconsideration thereof on the same or succeeding regular meeting, and such motions shall take precedence of all other questions except a motion to adjourn. The motion to reconsider shall require for its adoption the same vote as was required on the vote recon- sidered. 351. Rule XXVI. — When the reading of a paper is called for, and the same is objected to by any member, it shall be de- termined by a vote of the Council. 352. Rule XXVII. — Any two members shall be author- ized to compel the attendance of absent members; and any one member to call the ayes and nays. 353. Rule XXVIII. — Upon calls of the Council, or in taking the yeas and nays upon any question, the names of the members shall be called alphabetically. 354. Rule XXIX. — In all cases where a resolution or mo- tion shall be entered on the minutes of the Council, the name of the member moving the same shall also be entered on the journal. 355. Rule XXX. — No member shall absent himself from the service of the Council unless he have leave, or he be sick or unable to attend. 356. Rule XXXI. — Upon the call of the Council, the names of the members shall be called over by the Clerk, and the absentees noted; after which the names of the absentees shall be again called over, and those of whom no excuse, or insuffi- cient excuses, are made, may, by order of those preseut, if two 118 GENERAL ORDINANCES OF in number, be taken in custody as they appear, or may be sent for and brought to the bar of the Council wherever found, by special messengers to be appointed for that purpose. 357. Kule XXXII. — The Chief of Police, or policeman ' designated by him, shall be ex-officio sergeant-at-arras, whose duty it shall be to attend the Council during its sitting; to exe- cute the commands of the Council from time to time, together with all such process, issued by authority thereof, as shall be directed to him by the President, Mayor, or Police Judge. 358. Rule XXXIII. — Standing committees shall be ad- pointed by the Mayor from the Councilmen, at the beginning of each municipal year, as follows : COMMITTEES. 1. Judiciary. 2. Finance. 3. Claims and accounts. 4. Sidewalks and bridges. 5. Streets and grades. 6. Lighting streets and public buildings. * 7. Printing. 8. Police. 9. Fire department. 10. Water- works. 11. Paving, curbs, and gutters. 12. Sewers. 13. Unliquidated claims. 14. Additions and subdivisions to the city. 15. Taxation and license. 16. Rules, privileges, and elections. 17. Board of health. 18. City property. 19. Viaducts. 359. Rule XXXIV. — The Council may at any time go into a secret session by a vote of two-thirds of those present in favor thereof, at which session only those subjects shall be con- THE CITY OF LINCOLN. 119 sidered, mentioned in tlic motion for the session, and no ordi- nances shall be passed or claims allowed thereat. 360. Rule XXXV. — The several standing committees of the Council, and select committees, shall have leave to report by bill or otherwise, and shall in all cases report in writing the state of facts, their opinions or recommendations thereon. 361. Rule XXXVI. — All questions or orders shall be noted by the Clerk, with the decision,, and put together at the end of the journal of every session. OF BILLS. 362. Rule XXXVII. — Every ordinance shall receive three several readings of the Council previous to its passage, and bills shall be dispatched in order as they were introduced, unless where the Council shall direct otherwise ; but no bill shall be twice read on the same day without the special order of the Council, except as provided in Rule XLVIII and RuleXLIII. 363. Rule XXXVIII. — The first reading of the bill shall be for information ; and if opposition be made to it, the ques- tion shall be, ‘^Shall the bill be rejected ?’’ If no opposition be made, or if the question to reject be negatived, the bill shall go to its second reading without a question. 364. Rule XXXIX. — Upon the second reading of a bill, the Mayor shall state it as ready for commitment or engross- ment; and if committed, then the question shall be whether to a select or standing committee, or to a committee of the whole Council; if to a committee of the whole Council, the Council shall determine on what day; and if it be not ordered engrossed on the day of its being reported, it shall be placed in the general file on the President's table, to be taken up in its order. But if the bill be ordered to be engrossed, the Council shall appoint the day when it shall be read the third time. 365. Rule XL. — After commitment and report thereof to the Council, at any time before its passage, a bill may be recom- mitted. 120 GENERAL ORDINANCES OF 366. Rule XLI. — All bills ordered to be engrossed shall be executed in a fair round hand. 367. Rule XLII. — When a bill shall pass, it shall be cer- tified by the Clerk, noting the passage at the foot thereof. 368. Rule XLIII. — No standing rule or order of the Council shall be rescinded, changed, or suspended, except by a vote of at least two-thirds of the members elect, excepting in the case of a vacancy caused by death, protracted sickness, or absence from the state, of a Councilman, when a majority will be sufficient. Nor shall the order of business, as established by the rules of the Council, be postponed or changed, except by a vote of at least two-thirds of the members elect. 369. Rule XLIV. — It shall be in order for the committee on engrossed bills to report at any time. 370. Rule XLV. — No bill or question which has once been passed or rejected shall be called up for consideration during the same session, unless two-thirds of the Council shall be in favor of taking up the same. 371. Rule XLVI. — No amendment by way of rider shall be received to any ordinance on its third reading, but any ordi- nance may be amended by a majority vote before it is read for its final passage. 372. Rule XLVII. — All resolutions involving the ex- penditure of money shall be referred to an appropriate committee, unless otherwise ordered by the Council. 373. Rule XLVIII. — Upon the passage of all ordinances appropriating money, the ayes and nays shall be entered on the record of the City Council, and a majority of all the Council- men elect shall be necessary to their passage. All such ordi- nances may be passed at the same meeting of the introduction thereof, unless one or more members object; and after such ob- jection, the ordinance under consideration shall be acted upon as other ordinances, unless the rules are suspended by a vote of three-fourths of the Councilmen present. 374. Rule XLIX. — The rules of parliamentary practice comprised in Cushing’s Manual shall govern the Council in all THE CITY OF IHNCOLN. 121 cases to which they are applicable, and in which they are not in- consistent with the standing rules and orders of the Council. 375. Rule L. — The Mayor or any Councilman persisting in violation of any of the foregoing rules, shall be subject to a fine of not less than one nor more than five dollars for each offense, which sum shall be charged to the person fined, and be deducted from his compensation, unless excused by a vote of the Council, and the fine remitted. 376. Rule LI. — The regular weekly meeting of the City Council shall be called to order at 7 o’clock p. m., each Monday, from October 1st to April 1st, and thereafter at 7:30 o’clock p. M., Monday. 377. Rule LII. — All unpassed ordinances now on file with the City Clerk, and all ordinances hereafter introduced, shall be numbered by said clerk in the order in which they are filed; and all unpassed ordinances shall be known as belonging to the Gen- eral File, and each ordinance shall state by what Councilman it was introduced; and that said Clerk shall, in a separate book to be kept by him, keep a brief synopsis of each ordinance by its number, and of its readings, amendments, and other action of the Council thereon, giving dates of such action ; and. such book shall be accessible to the Mayor, Council, city officers, and the public. Article II. The City Clerk. 378. § 1. The City Clerk shall keep his office at such place in the city as may be provided by the City Council. He shall keep his office open every day, Sundays and legal holidays ex- cepted, at all times between the hours of 9 o’clock A. M. and 4 o’clock p. M., except during the time between 12 m. and 1 p. m. He shall, in addition to the duties imposed by general law, per- form such duties as may be imposed by ordinance, including the following. 379. § 2. He shall, after being duly qualified and sworn, 7 122 GENERAL ORDINANCES OF take })ossession of all books, papers, and all other property of the nature of records belonging to the city and to his office, and shall keep the same in some safe and convenient place, liable to the inspection of any member of the Council within his office hours. 380. § 3. The City Clerk shall attend the meetings of the Council, shall keep a correct record of the meetings of said Council, together with all claims against the city that may be filed in his office, and when said claims have been duly allovA^ed by said Council, he shall draw orders on the Treasurer for the same, taking receipt therefor, and shall make a statement at the first meeting in each month of the amount of such orders issued, as well as receipts for license; he shall draw all licenses that may be ordered by the Council and by the ordinances, and make a record of each and all licenses so issued by him. He shall not be entitled to any fee for any license issued. 381. § 4. The City Clerk shall permit no records, public papers, or other documents of the city, kept and preserved in his office, to be taken therefrom, except by such officers of the city as may be entitled to the use of the same, and then only upon their leaving a receipt therefor. 382. § 5. The City Clerk shall prepare all commissions of officers which the Mayor is required to sign, and countersign the same, and affix the seal of the city thereto. He shall keep a complete record of all commissions issued, and of the official oaths and bonds of all city officers. 383. § 6. The City Clerk shall procure at the expense of the city, a blank book, properly indexed, in which he shall keep printed copies of all ordinances of the city hereafter passed, with the printer’s certificate of publication thereto attached, and he shall index the same under their respective heads or titles; and he shall also copy all ordinances passed by the Council and ap- proved by the Mayor in a book kept for that purpose. 384. § 7. The City Clerk shall also procure a blank book with proper index in which he shall keep a coj)y of all notices required to be published or posted by said Clerk by order of the THE CITY OF I.INCOLN. 123 Council or uiuler the general ordinances of the city, to wliich notices shall he attached in said book the printer’s affidavit of publication, in case such notices are required to be published, or the Clerk’s certificate under the seal of the city in cases where the same are required to be posted only, which certificate shall show that such notice is a true copy of the notices so posted by him, the number so posted, and the date of posting the same, and whether done by special order of the Council, giving the date thereof, or by general ordinance. 385. § 8. The City Clerk shall also procure a blank book with proper index in which he shall keep a record of all licenses issued by him under the ordinances of said city, showing the date of the issuing of the same, to whom issued, the time for which the same are issued, and the amount paid to the Treasurer for the same; and the entries therein shall be competent proof of the fact and sufficient evidence thereof. 386. § 9. The City Clerk shall procure a blank book with proper index in which he shall keep a record of all building per- mits issued by the Council, showing the date of issuing the same, to whom issued, and the amount paid for the same. 387. § 10. The City Clerk shall keep in a suitable book a record of all petitions under which the Council shall order pub- lic work to be done at the ex})ense of the })roperty fronting thereon, together with all resolutions and ordinances relating to the same. 388. § 11. The City Clerk shall, without unnecessary delay, deliver to the officers of the city, and to all committees of the City Council, all resolutions and communications referred to those officers or committees by that body. He shall also, in the same manner, deliver to the Mayor all ordinances or resolutions under his charge which may require to be approved or otherwise acted upon by the Mayor, with all papers upon which the same were founded. 389. § 12. The City Clerk shall furnish certified copies of all ordinances hereafter passed by the Council, and shall preserve the original in his office. He shall not be obliged to furnish 124 GENKPvAL ORDINANCES OF written copies of ordinances or other papers for the use of any city officer or other person, except upon the order of the Coun- cil, but he. shall, upon request of any city officer, without charge, attest any copy of any paper, document, or record, presented to him, and affix the seal of the city thereto. He shall be entitled to receive fifty cents for every certificate, with seal affixed, made for individual use, and shall be allowed to charge at the rate of ten cents per hundred words for copying all ordinances, papers, records, or Council proceedings, desired for individual use, to be paid by the party ordering the same. 390. § 13. The Clerk shall endorse the date of filing, to- gether with an abstract of its contents, upon every paper or doc- ument filed in his office. And all books and records kept by him shall be fully and properly indexed. 391. § 14. The City Clerk shall be custodian of the corpo- rate seal of the city of Lincoln, and shall affix the same to all documents requiring the same. 392. § 15. The City Clerk may, when authorized by resolu- tion of the Council, appoint a de[)uty, who, in the absence of the Clerk, in case of sickness or otherwise, shall be empowered to perform all the duties of the City Clerk: Provided^ Such de])uty shall be a person satisfactory to the Mayor and a majority of the Council. CHAPTER IV. Department of Finance. Article I. The City Treasurer, 393. § 1. It shall be the duty of the City Tresaurer, in ad- dition to the duties imposed upon him by the general laws of the state of Nebraska, to keep books of account, in such manner as THE CITY OF JJNCOFiN. 125 to show with entire accuracy, all moneys received by him, and from whom, and on what account they have been received; and of all moneys paid out by him, and on what account they shall have been paid; and in such manner that said books may be readily understood and investigated; which books, and all papers and files of said office, shall be at all times open to the examina- tion of the Mayor, the Finance Committee, or any member of the Council. 394. § 2. The City Treasurer shall open and keep a separate account with each fund for which the City Council levy taxes or assessments, and the debits and credits belonging thereto. 395. • § 3. The City Treasurer shall cancel all bonds, coupons, warrants, and other evidences of debt against the city, whenever j)aid by him, by writing or stamping across the face thereof, ‘^Paid by the City Treasurer,’^ with the date of payment writ- ten or stamped thereon. 396. § 4. The City Treasurer shall deliver receipts of all moneys paid to him for taxes, special assessments, licenses, and money required to be paid to him by other city officers or em- ployes, specifying when and by whom paid and on what account. And he shall promptly report to the Council any officer author- ized to receive money who may fail to make a return of the moneys received by him at the time required by law or by the ordinances of the city. 397. § 5. In addition to the annual report required by law of him, the City Treasurer, during the first week of each month, shall make a detailed report to the City Council of the business of his office during the preceding month, showing the balance on hand to the credit of the different funds at the time of his last report, the amounts received during the month and on what ac- count, the amounts disbursed during the month and on what ac- count, with the balance on hand to the credit of the different funds, together with such other items and facts as the Council may require. 398. § 6. The City Treasurer shall, on the last business day of each month, turn over to the City Clerk all the canceled in- 126 GENERAL ORDINANCES OF (lebted ness and v^ouoliers of every nature received by him during the month, taking the Clerk’s receipt therefor. 399. § 7. The City Treasurer may appoint a deputy, and shall be liable upon his bond for the acts of such deputy. Said deputy shall be a practical book-keeper, and competent to per- form the duties of the office in case of sickness or absence of the Treasurer. CHAPTER V. Judicial Depaetment. Article I. llie Police Judge and Court. 400. § 1. The Police judge shall have jurisdiction over, and it shall be his duty to hear and determine all otfenses against the ordinances of the city, and he shall perform such other duties as are imposed by general law. 401. § 2. The Police Judge shall attend at the place of hold- ing court at 9 o’clock a. m. of each day, Sundays excepted, and shall open and hold his court until all cases for the day are dis- posed of. 402. § 3. The proceedings of the Police Court shall be con- ducted in an orderly manner, and the Police Judge shall not permit any minor to loiterun or about said court-room. 403. § 4. In all cases where a complaint is filed with the Police Judge for the violation of any ordinance, the Police Judge may require the complainant, before any warrant is issued upon such complaint, to deposit with him money sufficient to pay the probable costs, not to exceed twenty-five dollars, in the trial or TITK CITY OF T.INCOT.N. 127 [)rocco(liMgs had on such com})laint. And in case such coni[)laiut should not he sustained, then the complainant shall pay the costs from the money deposited, if not otherwise paid; Providedy That no security of any nature shall he required upon any eomplaint made hy any officer of the city. 404. § 5. In all criminal cases in the Police Court, the Po- lice Judge shall be entitled to receive for his services the same fees as are allowed hy statute to Justice of the Peace for similar services. Witnesses shall receive the sum of fifty cents for each day’s attendance. The Police Judge shall also tax as part of the costs the following fees for the services of police officers : For each arrest, $1.00; for serving search warrant, $1.00; arresting under search warrant, $1.00 for each person arrested; serving subpoena, for each person served, twenty-five cents; committing prisoner, fifty cents; for attendance upon court, $1.00; jail fee, fifty cents; use of patrol wagon, $1.00. 405. § 6. The fees collected hy the Police Judge for his own services, and all witness fees, shall he disposed of in manner as directed in the act incorporating the city of Lincoln. All other fees and costs collected shall be paid into the city treasury hy the Police Judge, from time to time, as the same are collected, and it shall be the duty of the City Treasurer to keep said moneys in a separate fund, to be known as a ‘^Special Police Fund;” and during the first week of each month he shall report to the City Clerk the amount on hand in said fund on the first day of said month, and said money shall then be applied in equal parts toward the payment of the salaries of the Marshal and regular policemen of said city for the last |)receding month. Any de- ficiency in the monthly salary of said Chief of Police and po- licemen to he paid out of the city treasury, as heretofore. 128 GENERAL ORDINANCES OF CHAPTEE VI. Department of Public- Works. Article I.— The Board of Public Works. II. — The City Engineer. III. — The Street Commissioner. IV. — The Sidewalk Inspector. V. — The Sewer Inspector. Article I. The Board of Public Works, 406. § 1. The Board of Public Works, when directed by the Mayor and Council, shall, in addition to the duties imposed by general law, perform such duties as may be imposed by ordi- nance, including the following: 407. § 2. It shall be the duty of the Board of Public Works of the City of Lincoln to make contracts on behalf of said city for the performance of all such works and the erection of all such improvements when so ordered by the Mayor and Council, but only with the approval of the Mayor and Council; to su- perintend the performance of all contracts and the construction and erection of all such improvements; to approve the estimates of the City Engineer, which may be made from time to time, of the value of work as the same may progress ; to accept any work done or improvements made when the same shall be fully completed according to contract, subject, however, to the ap- proval of the Mayor and Council; and to perform such duties not herein prescribed as may hereafter be devolved upon them by ordinance. Every contract shall contain such stipulations as shall require the contractor to erect and maintain good and suf- ficient guards, barricade.s, and signals, at all unsafe places at or THE CITY OF LINCOLN. 129 near where the work or improvement contemplated by the con- tract is to be done or made, also such stipulations as will render the contractor and his bondsmen in every case liable over to the city for any liability that it may incur for any injury that any person may suffer by reason of the failure to ereet and maintain such good and sufficient barricades, guards, or signals. Every contract shall also contain a provision that in case any injury to any person shall arise by reason of the failure to erect and maintain such barricades, guards, and signals, or by reason of any negligence of the contractor, his agents, or employes, dur- ing the performance of the contract or before the warrants to become due on the contract shall have been delivered, the city and its officials may withhold such payment so long as shall seem necessary for the indemnity of the city. Such contracts shall also contain a provision that when the contractor shall remove any earth from any street, alley, or other public place, the same shall when replaced be solidly tamped. 408. § 3. Such contracts shall also contain a stipulation re- quiring every such contractor to file with the City Clerk receipts for the cost of all labor and material used in such work or im- provement, and providing that the final estimate for such work shall not be paid until such receipts are filed. The bond re- quired from such contractors shall bind the sureties therein to pay all claims for labor and material furnished in the perform- ance of such work or improvement. And the said board shall make such further rules and regulations in the said city^s behalf as will insure full protection to the city from loss or liability that may arise by reason of the carelessness or negligence of such contractors, their agents, or servants. 409. § 5. It shall be the duty of the Board of Public Works, in connection with the City Engineer, to supervise and prepare all specifications for sewer work, when necessary to be let by contract, and to advertise for the same for a period not less than ten days, said advertisement to be inserted in the official daily paper of the city for the period specified, and in such other ad- ditional journals as may be deemed by them expedient, and as the 130 GENERAL ORDINANCES OF Council may especially order. The board shall procure and keep a special book to be termed book of specifications/^ in which shall be entered full and complete specifications of all de- tails of work to be contracted and advertised for, and also printed copies of all advertisements pertaining to the same, from each newspaper or journal in which advertisement shall have been inserted, with the dates when each advertisement was pub- lished, together with the cost of the same. The board shall keep a book of board proceedings, in which shall be entered in detail full and complete minutes of all the transactions of said board at general and special meetings. 410. § 6. The Board of Public Works shall meet regularly on the evening of the first and third Saturdays of each month at 7:30 o’clock, and at such additional periods as may be deemed necessary by the chairman of the board. Providing that at least one day’s notice of such special meetings be given to the mem- bers thereof. All regular meetings and all such special meetings of the board, when bids for public works are to be considered, shall be open to the public. Two members, one of whom must be chairman or temporary chairman, as hereinafter provided for, shall constitute a quorum to transact business, and the chairman of the board shall be empowered, and to that end he may call upon the Chief of Police or his dei)uties, to enforce attendance of members at the meetings, excepting in case of sickness. Votes upon all questions coming before the board shall be re- corded, specifically giving the name of those voting, and how the votes were cast. 411. § 7. All contracts for grading, paving, repaving, mac- adamizing, or guttering, of any street, avenue, or alley, or any part thereof, in the city, for which a special tax shall be levied, shall be done by contract to the lowest responsible bidder, to be determined by the Mayor and Council. The right to reject any and all bids shall be reserved in all cases. Good and sufficient bonds shall be required of all contractors, to be approved by the Mayor and Council. All monthly or other estimates of the City bjiigineer based upon contract work to be done under the super- THE CITY OF LINCOLN. 131 vision of the board, shall be duly certified by such Engineer be- fore the same shall be embraced in any appropriation ordinance. 412. § 8. The Board of Public Works shall also keep a book termed a contract book, in which all contracts shall be entered in full and signed by the contracting parties. The books in this ordinance provided for, shall be regarded as public records, and shall be open to the inspection of any officer of the city, and the board shall keep such other books as may be necessary to con- stitute a complete record of all business to be transacted by said board or its members. The chairman of the board, unless spe- cially provided by the council, shall keep all the minutes of the proceedings of the board, and make and keep all the other rec- ords required by said board. He shall keep regular office hours, to be specified on a notice duly attached to the door of the office of the board. 413. § 9. In case of sickness or prolonged absence from th% city of the chairman of the Board of Public Works, the Mayor, with the approval of the council, shall designate one of the two remaining members to act as temporary chairman, who shall draw the pay and have the same power and perform all the duties of the regular chairman during such sickness or absence, which pay shall be withheld from the chairman for said purpose. The chairman of the board shall not be absent from the city without a special permit from the Council. Any absence in vio- lation of these regulations shall be considered a just cause for dismissal from said board. 414. § 10. No member of the Board of Public Works shall ever be, directly or indirectly, interested in any contract entered into by them on behalf of said city, nor shall they, or either of them, be interested, either directly or indirectly, in the purchase of any material to be used or applied in or about the perform- ance of any such contract or any work of improvement of said city. The chairman shall devote his entire time to the perform- ance of his official duties, and shall give to the performance of all contracts, and the erection and construction of all improvements contemplated by this ordinance, his personal supervision. 132 GENERA I. ORDINANCES OE 415. § 11. No member of such board shall accejit any other public oflice created by law. So to do shall be deemed a resig- nation of his said office. 416. § 12. The Board of Public Works shall have authority to employ competent inspectors upon all works under its charge, and to supervise the same: Providedj the employment of all in- spectors shall be subject to the approval of the Council. The Board of Public Works shall keep an accurate record of the names of all such inspectors and the time and place of employ- ment, and shall make written reports to the Council at each reg- ular meeting thereof of all of such inspectors, with the place of employment, length of service, and amount paid each of said in- spectors. The cost of such inspection shall be charged to the improvement upon which the same is rendered, and paid out of the levies therefor. Article II. The City Engineer. 417. § 1. The City Engineer shall, in addition to the duties imposed by statute, perform such other duties as may be im- posed by ordinance. 418. § 2. The City Engineer shall keep his office in the rooms provided by the City Council, which shall be kept open during the usual business hours. He shall have charge of all the engineering and surveying instruments belonging to the city, and of all public maps, charts, draughts, plans, jirofiles, surveys, books, and papers pertaining to his office, and shall cause the same to be properly recorded in suitable books to be provided at the expense of the city, which, together with the field notes of all surveys, shall be carefully preserved in the Engineer’s office as the property of the city. 419. § 3. The City Engineer shall make surveys of all streets, sidewalks, alleys, lanes, market-spaces, public grounds, sewers, and drains of the city, calculate and ascertain the grade- THE (!1TY OE LINCOLN. lilies and levels thereof, and execute and record such plans, charts, profiles, draughts, estimates, and calculations, as shall be neces- sary for a complete record and history thereof, and of the changes and improvements made therein from time to time. He shall make such surveys, plans, draughts, and estimates of pub- lic works and improvements as may be required of him by the City Council, or any committee thereof, or by the Mayor, or City Attorney, for prosecuting or defending any action in which the city is interested. 420. § 4. The City Engineer shall report to the Council all intrusions over the line of any street, alley, or public ground, by buildings, fences, or otherwise, which shall come to his knowl- edge. He shall superintend and direct the location of scales in the streets of the city. 421. § 5. The City Engineer shall supervise any and all improvements, excavations of the streets or other public grounds of the city for water, gas, or sewer pipes, or other purposes, un- less the Mayor and Council shall otherwise direct; shall see that streets are not unduly obstructed by persons performing work therein; shall see that proper barricades and guards and signals at all such places are put up and maintained by the contractors, own- ers, or persons doing such work; shall see that all earth, paving material, or other material, removed from the streets and alleys by any person for any of the above purposes are properly replaed, and that earth so removed is solidly tamped where replaced, and left in as good condition as it was before the same was removed. He shall issue permits for making excavations in the paved streets and alleys of the city; shall see that when paving mate- rial is removed the same is kept properly separated from the soil, and that all deficiencies in such paving material are made good when the paving is replaced; shall cause the paving to be replaced, and shall see that all the surplus material is taken oft' the streets by the person holding the permit. 422. § 6. The City Engineer shall preserve in his office all maps, plats, profiles, and surveys of the city, and all plans and s[)ecifications of any work or improvement constructed by the 134 GENERAL ORDINANCES OF city, together with the books, papers, and letters relating thereto. He shall furnish the Council, from time to time, with such re- ports as they may desire. Article III. The Street Commissioner, 423. § 1. The Street Commissioner shall, subject to the or- ders of the Mayor and Council, have the care, supervision, and control of all public highways, avenues, streets, lanes, alleys, bridges, and culverts, of the city, and clean and keep the same open and in repair and proper order and free from nuisance, and shall remove all obstructions therefrom on view or on complaint of any person. 424. § 2. The Street Commissioner shall also see that the re- spective railroads keep their crossings well planked and in good repair and safe condition, and shall see that the various streets railroad tracks are not elevated above the surface of the street on which laid, and that the same are kept so that vehicles can easily and freely cross said tracks at all points in any direction without 'obstruction. 425. § 3. He shall employ such assistance as the Council may authorize by resolution, and shall keep in a book, to be pro- vided for that purpose, a correct record of the names of each and every person employed by him to perform any work or serv- ices for the city, and the amount to be paid each person for such services. He shall report to the Council at each regular meet- ing a pay-roll duly certified by him, containing the names of all persons employed by him to work for the city, the time, nature, and place, of such services, and the amount due each person on account thereof, and shall perform such other and further duties as may be required by ordinance or resolution of the Council. 426. § 4. In case any person shall be injured by reason of a defect in any street, avenue, alley, or bridge, the Street Com- missioner, immediately upon learning of the same, shall make a TIIK crrv OK LINCOLN. 1:55 careful examination of the place of said defect, and carefully note the condition of the street, avenue, or alley, at such point; shall [)rocure the names of witnesses and report the same in writing to the City Attorney, with all information he can obtain regarding the time, nature, cause, and extent of the injury. 427. § In case of vacancy in the office of Sidewalk In- spector, the Street Commissioner, or Assistant Street Commis- sioner, shall perform the duties of that office in addition to the duties imposed by this article. Aeticle IV. The Assistant Street Commissioner or Sidewalk Inspector, 428. § 1. The Assistant Street Commissioner or Inspector of Sidewalks shall have general supervision of all sidewalks and street crossings in the city, under the direction of the Mayor and Council and of the Committee on Sidewalks and Bridges, and it shall be his duty to see that the sidewalks and street cross- ings are kept in good repair, and enforce the provisions of the ordinances of the city relating to sidewalks and crossings. 429. § 2. The Assistant Street Commissioner or Inspector of Sidewalks shall serve all notices to lay sidewalks and make re- pairs therein authorized by the Council, and shall make a sworn return to the Council of the manner and date of such service. He shall keep, iu a suitable book, an accurate record of all no- tices and orders served by him, with the time and manner of such service, and shall keep a careful and accurate account of all work done by him, with the cost and expense thereof, and shall make written report to the Mayor and Council at every regular meeting of all his official acts during the preceding week, to- gether with an accurate statement of the expense of all work done by him. 430. § 3. In case any person shall be injured by reason of a defect in any sidewalk or street crossing, the Assistant Street Commissioner or Sidewalk Inspector, immediately upon hearing 13G GENERAL ORDINANCES OF of the same, shall make careful examination of the place of said defect and carefully note the condition of the sidewalk or street crossing, shall procure the names of witnesses and report the same in writing to the City Attorney, with all information he can obtain regarding the time, nature, cause, and extent, of the injury. 431. § 4. In case of vacancy in the office of Assistant Street Commissioner or Sidewalk Inspector, the duties herein pre- scribed shall be performed by the Street Commissioner. Article V. The Sewer Inspector. 432. § 1. There is hereby created and established the office of Sewer Inspector, but no appointment shall be made until the Mayor and Council shall, by resolution, so direct, and until such appointment is so made the duties herein prescribed shall wholly devolve on the City Engineer. 433. § 2. The Sewer Inspector shall act under the direction of the City Engineer, and shall, subject to his orders, have gen- eral charge and supervision of the public sewers of the city. He shall see that the same are properly flushed out and kept clean and in good repair and free from obstruction. 434. § 3. He shall supervise all repairs of sewers, and when connections are to be made with the same, shall see that the work is properly and carefully done, and according to ordinance; that all excavations made for such purpose are properly refilled and tamped, and when paving is removed, that the same is preserved and kept free and clear of earth; and he shall perform such other duties as the Council may impose. THE CITY OF LINCOLN. 137 CHAPTER VII. IJp]PAKTMENT OF LaW. Article I.— The City Attorney. II. — Deputy City Attorney. Article I. The City Attorney. 444. § 1. The City Attorney shall be the legal adviser of the Council and city officers. He shall commence, prosecute, and defend, suits and actions commenced, prosecuted, or defended, on behalf of the corporation; shall attend all meetings of the Council, and give them his opinion upon any matter submitted to him, either orally or in writing, as may be required. 445. § 2. He shall draw such ordinances as may be required of him by the City Council, or by any committee thereof. He shall draw the leases, deeds, and other papers, connected with the finance department, and all contracts for any of the other de- partments of the city, when so required by the Council. 446. § 3. When requested so to do by the Mayor, Police Judge, or Chief of Police, he shall appear in the Police Court and [irosecute complaints for offenses against the city ordiances, but he shall not be required to prosecute such actions unless the same are instituted upon complaint of some city officer. 447. § 4. He shall keep in proper books, to be provided for that purpose at the expense of the city, a register of all actions in courts of record prosecuted or defended, in which the city may be a party, and all proceedings had therein, and which shall at all times be open to the inspection of the Mayor or any com- mittee of the City Council. 138 (}ENERAI. ORDINANCES OE 448. ^ 5. Upon the expiration of his term of office, or his resignation thereof, or removal therefrom, he shall forthwith, on (lemantl, deliver to his successor in office all deeds, leases, con- tracts, and other papers in his hands belonging to the corporation, or delivered to him by the city, or any of its officers, and all papers in actions prosecuted or defended by him, then pending and undertermined, together with his register thereof, and of the proceedings therein. 449. § 6. He shall annually, on or before the first day of April in each year, report in writing to the City Council a state- ment of all suits instituted and pending in the courts of record in which the city of Lincoln is plaintiff or defendant, in which report shall be stated the names of all defendants and plaintiffs, the nature of the actions, the date of the commencement, and the several steps that may have been taken in court during his term of office, to bring such suits to final issue, to be accompanied with such explanatory remarks as said attorney may see fit to ap- pend, to the end that the Council may be kept more fully advised as to the legal affairs of the city. 450. § 7. He shall perform such other duties as may be im- posed upon him by general law or by ordinances of the city. Article II. Deputy City Attorney, 451. § 1. The office of Deputy City Attorney of the city of Lincoln is hereby created, and the Mayor, by and with the assent of the Council, is hereby authorized and directed to appoint a competent practicing attorney residing in said city to said office; Provided^ That no one shall be appointed or competent to hold the office except on the recommendation of the City Attorney. The duties of the Deputy City Attorney shall be the same as those of the City Attorney, and shall be performed subject to his orders. The Deputy City Attorney shall give bond for the faith- ful performance of his duties in the same amount and upon the THE CITY OF EINCOF.N. 139 same conditions as required of the City Attorney, and shall hold his office during the will of the City Attorney, unless sooner re- moved by a majority vote of the City Council present. 452. § 2. The salary of the Deputy City Attorney shall be nine hundred (900) dollars per year. CHAPTER VIII. Department of Health. Article I.— The Board of Health. II.— The Health Officer. HI.— The City Physician. Article I. The Board of Health. 453. § 1. That a Board of Health for the city of Lincoln be and the same is hereby created and established. Said board shall consist of the Mayor, the Health Officer, City Marshal, and two members of the City Council, to be selected by the Mayor. The Mayor shall be chairman, and the Health Officer clerk, of said board. A majority of the board shall constitute a quorum, and meetings shall be held in the Council chamber whenever deemed necessary by the chairman or any two members. The jurisdiction of said board for the purposes mentioned in this chapter shall extend to and include all places within the city and within five miles of the limits of the city. 454. § 2. The Board of Health shall have and exercise a general supervision over the sanitary condition of the city, and have power to take effective means to prevent the introduction into the city or spread of any infectious, contagious, and danger- ous diseases, and for that jmrposc shall have power to stop, de- 140 (JENERAL ORDINANCES OF tain, and examine every person coming from any place infected, or believed to be infected, with any such disease; to cause any person not a resident of the city, infected or believed to be infected, with any such disease, to be sent to the pest-house, upon the cer- tificate of the Health Officer or Health Physician; to cause any resident of the city, infected with any such disease, to be removed to the pest-house, or some other place, if the Health Officer or Health Physician shall certify that such removal is necessary for the preservation of the public health. Nothing herein contained shall be construed to abridge in any manner the right of every citizen to be attended by his own physician or to remain in his own house while sick with any disease herein referred to, pro- vided the public health is not affected or endangered thereby. In case of severe visitation of any such disease, the board shall have power to provide hospitals and pest-houses, and make proper provisions for the suitable care of the sick, and shall have authority to exercise any and all power incident to the preserva- tion of the good health of the city in such cases; to remove from the city or destroy furniture, wearing apparel, or other property infected with any such disease, and to cleanse infected or un- wholesome buildings and places. 455. § 3. In case of pestilential, epidemic, infectious, contag- ious, and dangerous diseases, the Board of Health shall hava power to employ and appoint a Health Physician, and prescribe his duties. 456. § 4. When any person infected with any infectious, contagious, and dangerous disease, has not been removed to the pest-house as provided herein, the Board of Health is hereby authorized to guard against the spread of such disease by estab- lishing limits within which no person shall enter except those necessary in attendance u[)on such person, or upon the order of the board, and by adopting any other means which may to them seem advisable. It shall be the further duty of the Board of Health to cause a notice, printed or written in large letters, to be placed upon or near any house in which any person may be affected or sick with any such disease, upon which shall be writ- THE CITY OF EINCOEN. 141 ten or printed the name of such disease; and any person will- fully entering such limits, at such times, contrary to the provis- ions of this section, or who shall deface, alter, mutilate, destroy, or tear down, or remove, the notice herein named, without per- mission from the Board of Health, shall, upon conviction, he fined in any sum not exceeding one hundred dollars. Article II. The Health Officer. 457. § 1. As soon as may be after the passage of this ordi- nance, and annually thereafter, at the beginning of each munici- pal year, the Mayor shall designate some suitable person, a po- liceman of the city, who shall be known as the Health Officer, and who shall receive such compensation as may be allowed by the City Council, not less than his salary as policeman. 458. § 2. The Health Officer shall be the executive officer of the Board of Health, and it shall be his duty to carry out and enforce all existing laws and ordinances having for their object the preservation of life and the prevention of disease and the abatement and removal of nuisances; he shall make and keep in proper form the minutes of the meetings and proceed- ings of the board, attend to receiving returns of deaths and the issuing of burial permits, and the registration of births and deaths and interments; shall attend to complaints of nuisances and orders relating thereto, and perform such other services as the Council may impose by ordinance or the Board of Health lawfully require of him. 459. § 3. The Health Officer shall provide the necessary books for keeping a record of all transactions of the health de- partment, including the proper registration of births and deaths, and other statistical information necessary for the efficient work- ing of said department; and he shall also prepare and keep on hand all necessary blanks, to be used by physicians and mid- wived, and turuish them with the same on application, 142 genp:ral ordinances of 460. § 4. The Health Officer shall make a monthly report of his transactions to the City Council, together with such sug- gestions as experience may dictate, as calculated to promote the general sanitary condition of the city. Article III. The City Physician. 461. § 1. There is hereby created and established the office of City Physician, who shall exercise a general supervision over the sanitary condition of the city, and shall report to the Board of Health all nuisances, the presence of any epidemic, conta- gious, or infectious disease, or other causes, which in his opinion are likely to be detrimental to the general health. Said City Physician shall be a member ex-officio of the Board of Health: Provided^ however y That he shall not exercise any powers or per- form any duty as such member beyond giving information to and advising and consulting with the Health Officer, when so re- quested, upon subjects pertaining to the sanitary condition of the city. 462. § 2. The City Physician, when notified thereof, shall examine into all nuisances, sources pf filth, and causes of sick- ness, and upon being informed of the existence or introduction of any contagious or infectious disease within the city, shall in- quire immediately into the facts and report the same to the Board of Health, and see that the orders of said board are obeyed as far as practicable. 463. § 3. He shall, when directed by the Board of Health, superintend the small-pox, cholera, and other city hospitals, and administer to all persons conveyed there who have no other phy- sician, or who are unable to employ one; shall attend and ad- minister to such other indigent persons as he may be directed to by the Mayor, and shall visit and administer to prisoners sick in the city work-house or city jail. 464. § 4. He shall attend the meetings of the Board of Health THE CITY OF LINCOJ.N. 143 when requested so to do hy the Mayor, and report to said board all cases where any sick person has not been properly attended to, and all other matters which he may deem important, and give such information as said board may desire in relation to the sani- tary condition or regulations of the city, so far as he may be able to do so. He shall make a monthly report of his transac- tions to the City Council, together with such suggestions as ex- j)erience may point out as calculated to promote the general sani- tary condition of the city, and perform such other duties as the Council shall hereafter prescribe by ordinance. CHAPTER IX. Department of Police. Article I— The City Marshal. II.— Special Provi.sious. Article I. Chief of Police. 465. § 1. The Police Department of the city of Lincoln shall consist of the Chief of Police, such officers as the Excise Board may direct, and such number of police patrolmen as may be necessary, and all members of the Fire Department during time of fire or public danger. 466. § 2. The Chief of Police shall, subject to the direction of the Excise Board, have control and management of all mat- ters relating to the Police De[)artment, its officers and members, and shall have the care, custody, and control, of all firearms and military equipments, books, and records, belonging to the de- partment. 144 GENERAL ORDINANCES OF 467. § 3. He shall devote his whole time to the municipal affairs of the city of Lincoln, to preserve the peace, order, safety, and cleanliness thereof, and to this end he shall execute and en- force all ordinances and the orders of the Mayor and Excise Board. 468. § 4. He shall be charged with the duty of protecting the rights of persons and property, and providing a proper po- lice force at every fire. He shall take notice of all nuisances, impediments, obstructions, and defects, in the street’s, avenues, alleys, and public places, of the city, and shall remove the same, or cause immediate notice thereof to be given to the proper offi- cers. 469. § 5. He shall from time to time divide the city into suitable beats, and shall fix the hours at which regular policemen shall enter upon and retire from duty; and, subject to the ap- proval of the Excise Board, establish rules and regulations for governing the police force. 470. § 6. During the pending of charges against any police officer, he may suspend such officer until such charges can be examined. 471. § 7. The Chief of Police shall cause to be kept books of record of the police force, or persons arrested for offenses ; of time lost by patrolmen; of accounts of moneys received and ex- pended, and for what purpose ; of suspected persons and places, and of all property placed in his charge, and such other books and records as shall be required by the business of the dejjartment. 472. § 8. The Marshal shall prepare and submit to the City Clerk, on or before the first week in August of each year, an estimate of the whole cost and expense of providing for and maintaining the Police Department during the next fiscal year, which estimate shall be in detail, and shall be submitted to the Council. 473. § 9. The Marshal shall attend each session of the Po- lice Court, and execute or cause to be executed the processes thereof, and shall cause all persons under arrest to be brought before the Police Judge for trial as speedily as possible. THE CITY OF IJNCOLN. 145 474. § 10. The Captain of Police shall he designated by the Excise Board, and shall have charge of the police force at night in the absence of the Marshal. He shall also have control and charge of the police station and city jail and prisoners therein at night. 475. § 11. The Sergeant shall be designated by the Excise Board, and shall have charge of the police station, city jail, and the prisoners therein, in the day time. Article II. Special Provisions. 476. § 1. All police officers shall be able to read and write the English language. They shall not use or receive intoxicating drinks at saloons or other places while upon duty, nor become intoxicated ; shall not loaf about saloons, houses of ill-fame, or gambling houses, but when called to such places shall dispatch the business in hand in a manner becoming an officer. 477. § 2. It shall be the duty of all police officers to report immediately to the Board of Health, or some member thereof, all violations of the health ordinances of the city, and all cases of infectious or dangerous diseases coming to their notice. 478. § 3. It shall be the duty of all members of the Police Department to aid the Eire Department by giving alarms incase of fire, and in clearing the streets or grounds in the immediate vicinity of the fire, so that the members of the Eire Department shall not be hindered or obstructed in the performance of their duties. 479. § 4. No member of the Police Department shall, for his own benefit, share in any present, fee, or emolument, for po- lice services, additional to his regular salary. 480. § 5. The Mayor, for meritorious services rendered by any member of the police force in the due discharge of his duty, may, unless otherwise ordered by the Excise Board, permit any member of the police force to retain for his own benefit any re- 8 146 GENERAL ORDINANCES OF ward or present tendered him therefor; and it shall be cause of removal for any member of the force to receive any such re- ward or present without notice thereof to the Mayor and Excise Board. 481. § 6. Every member of the police force shall wear a suitable badge, to be furnished by the city, and any member who shall lose or destroy the same shall be required to pay the cost of replacing it; and whenever any member shall leave the force, he shall immediately deliver his badge to the Marshal. 483. § 8. All regular police officers, when upon duty, shall wear uniforms and badges denoting their occupation and proper number in the roster of the force. 484. § 9. When persons are arrested and lodged in the city jail, it shall be the duty of the police officer making the arrest to search all persons so arrested, in the presence of some other member of the police force, or the officer in charge of the police station, before lodging them in jail. The officer in charge of the police station shall keep an accurate record of all articles so found upon the person of the prisoner, and shall carefully pre- serve them and produce them before the Police Judge upon the trial. 485. §10. Any violation of any of the rules and regulations governing the Police Department shall be cause for removal of any officer. 486. § 11. All persons committed to the city jail, being of sufficient physical ability, who shall perform labor for said city while such prisoner, shall for each day’s labor so performed, and none other, be credited on the amount of fine and costs for the non-payment of which he stands committed, the sum of one dollar and fifty cents; and when the credits equal the amount of fine and costs, the keeper of said jail shall discharge the prisoner without orders from any other officers of said city, unless held to answer for a separate offense, and shall, as soon as practicable thereafter, return his warrant of commitment to the Police Judge, with his doings indorsed thereon. 487. § 12. In case prisoners committed to the jail of said THE CITY OF LINCOLN. 147 city are ordered to work ii[)on the streets of said city, or else- where, the said jailer shall deliver them from day to day, to- gether with their warrant of commitment, to the person having chai’ge of the work to be done, and may deputize such person to hold said prisoners at work as in the jail of said city, and any prisoner breaking away from the person in charge of him while at work, or effecting an escape while at work, shall be liable in the same manner as for breaking jail. 488. § 13. In case the said city jail shall be at any time filled with prisoners, or for any reason shall be unfit for use, then the jail of Lancaster county is hereby designated as and shall be used as such city jail, and the Sheriff of Lancaster county is hereby appointed jailer of the city of Lincoln for the said city’s prisoners so confined in said county jail, and for the purposes in this section mentioned. The keeper of the jail of said city lierein first described, shall indorse the facts on the mittimus in his hands, requiring such use of said county jail, and shall there- upon transfer said prisoners, together with all their warrants of commitment, to the keeper of said county jail, used as the jail of said city, who shall hold all such prisoners for safe keeping in the manner in this article before provided; and in relation to all such prisoners the keeper of said county jail shall be the jailer of the city of Lincoln, and perform all the duties of such jailer as in this article provided. 489. § 14. It is hereby made the duty of every member of the police force to deliver to the Chief of Police every article of property seized or found by them, immediately after the same shall have come into their possession; which property, with the date of delivery and description of the same, shall be entered in a book kept for that pur[)ose. Such j)ro[)erty shall be in the custody of the Chief of Police, and he shall be responsible for the same. On the first Tuesday in July and January of each year all property which shall have remained unclaimed in the hands of the Chief of Police for more than three months shall be sold at public auction at j)olice headquarters to the highest bidder. Such sales shall be advertised for one week previous 148 GENERAL ORDINANCES OF in the official paper of the city. Any violation of this section by any police officer shall subject him to a fine of not more than fifty dollars. • CHAPTER X. The Fike Depaktment. Article I.— Chief of Fire Departmeut. II.— Special Provisions. Article I. The Fire Department. 490. § 1. The Chief of the Fire Department shall have gen- eral charge and direction of the Fire Department. 491. § 2. The Mayor shall appoint all officers and members of the Fire Department, but all members of the department may be removed at the pleasure of the Chief of the Fire Department, for cause. 492. § 3. All members of the Fire Department shall be sub- ject to such rules and regulations, and shall perform such duties, as shall be prescribed or required of them by said Chief of Fire Department or the ordinances of the city. All members of the Fire Department shall, during the time of fire or great public danger, have and exercise the powers and duties of policemen and shall have full power and authority to arrest all persons guilty of any violation of the city ordinances or the statute laws of the state. 493. § 4. The Chief shall have sole and absolute control and command over all persons connected with the Fire Department of the city, and shall possess full power and authority over its organization, government and discipline, and to that end he may prescribe and establish, from time to time, such rules and regula- THE CITY OF LINCOLN. 149 tions as he may deem advisable, by and with the consent of the INIayor and Council. 494. § 5. He shall have the custody, subject to the direction of the Mayor and Council, of the engines, hose carts, trucks, ladders, horses, telegraph lines, and all other property and ap- purtenances belonging to the Fire Department. 495. § 6. He shall inquire into the cause of all fires which may occur in the city, as soon as may be after they occur, and cause to be kept a record of his proceedijigs and of tlie evidence in each case, and to file the same, or a copy thereof, in his office. 496. § 7. He shall semi-annually report all accidents by fire that may have taken place in the city during the preceding fiscal year, with the causes thereof, as well as they can be ascertained, and the number of and description of the buildings destroyed and injured, together with the names of the owners or occupants; also the amount of loss, insurance, and property involved. 497. § 8. He shall, when any of the fire engines, hose carts, trucks, and hooks and ladders, or other apparatus, shall require to be repaired, cause the same to be repaired under his direction and supervision, by and with the advice and consent of the Mayor or Fire Committee. 498. § 9. The Chief shall make suitable regulations, under which the officers and men of the department shall be required to wear some appropriate uniform and badge, by which, in case of fires and at other times, the authority and relations of such officers and men in said department may be known, as the exi- gencies of their duties may require. 499. § 10. During the pending of charges against any mem- ber of the department, the Chief may suspend from duty any such member until such charges can be examined by him. 500. § 11. He shall cause to be kept, in books for that pur- pose, a full and complete record of all transactions in said de- partment, of complaints against members, and the judgment of the Chief therein)on, of the time lost by them, and of all prop- erty placed in his charge, and such other books and records as shall be required by the business of the department. 150 GENERAL ORDINANCES OF 501. § 12. The Chief, or officer in command, shall have power to cause the removal of any property, whenever it shall be- come necessary for the preservation of such property from fire, or to prevent the spreading of fire, or to protect adjoining property. 502. *§ 13. The Chief may direct the hook and ladder men to cut down and remove any building, erection, or fence, for the purpose of checking the progress of any fire; and the Chief shall have power to blow up or cause to be blown up, with pow- der or otherwise, any building or erection, during the progress of a fire, for the purpose of extinguishing or checking the same. 503. § 14. The Chief and Assistant Chief shall have power during the time of a fire, and for a period of thirty-six hours after its extinction, to arrest any suspected person, or any person hindering, resisting, conducting himself in a noisy and disor- derly manner, or refusing to obey any such officer while acting in the discharge of his duty, and, as soon as their duties in re- lation to the extinguishment of the fire will permit, take such person before a magistrate to be dealt with according to law. Said officers shall be severally vested with the usual powers and authority of police officers, to command all persons to assist them in the performance of such duty. 504. § 15. The Chief of the Fire Department shall give bond payable to the city of Lincoln in the sum of two thousand dollars, with at least two good and sufficient sureties, residents of Lancaster county, Nebraska, to be approved by the Mayor and City Council of the city, and said bond shall be conditioned for the faithful and impartial discharge of all his duties as such Chief, and that he will obey all ordinances and rules regulating the Fire Department, and that he will pay all damages, fines, or penalties, that may be adjudged against him under any law of the state of Nebraska, or any ordinance of the city in relation to the Fire Department and that he will turn over to his successor, or to any one designated by the Mayor and Council of said city, any and all property belonging to the Fire Department or the city of Lincoln that may be in his possession or under his con- trol as such Chief. THE CITY OF TJNCOLN. 151 Article 11. S2)ecial Provisions. 505. § 1. It shall be the duty of all members of the Fire Department to prevent all persons not belonging to the depart- ment from entering any house, or handling any apparatus belong- ing to the department, without permission. 506. § 2. Any member of the Fire Department receiving injury or becoming disabled while in the discharge of his duties so as to prevent him from attending to his duties as such mem- ber, shall for the space of twelve months, provided his disability shall last that time, receive one-half his usual salary. The ex- istence of such disability, and its duration, shall be established by the certificate of the City Physician or such other evidence as the Chief, Mayor, and Council, may require. 507. §3. Each member of the Fire Department shall be fur- nished with a copy of the rules and regulations by the Chief of the Fire Department, for the government of said department. 508. § 4. Every member of the Fire De})artment, when on duty, shall wear a suitable badge, furnished by the city, and any member who shall lose or destroy the same shall be required to pay the cost of replacing it; and when any member shall leave the department, he shall immediately deliver his badge, and all other property belonging to the city, to the proper officer. 509. § 5. The Mayor, for meritorious services rendered by any member of the Fire Department in the due discharge of his duty, may permit any member of the said department to retain for his own benefit any reward or present tendered him therefor; and it shall be cause of removal for any such member to receive any reward or present without notice thereof to the Mayor. 510. § 6. No member of the department, under penalty of forfeiting the salary or pay which may be due to him, shall with- draw or resign, except by permission of the Chief. Unex[)lained absence without leave, of any member of the department, for three days, shall be cause for removal and forfeiture of all pay 152 GENERAL ORDINANCES OF clue; but it may, at the option of the Chief, be deemed and held to be a resignation by such member, and accepted as such. Article III. gl. All ordinances in conflict with the provisions of this ordinance are hereby repealed. g 2. This ordinance shall take eflect and be in force from and after the expiration of one week after its passage, approval, and imblication according to law. Passed August 2(J, A. 1). 1895. Approved August 2(5, A. 1). 1895. F. A. Oraii.^m, Manor. Attest: J. W. Bowen, Oitu Clerk, [seal.] AN ORDINANCE prescribing the duties of certain offleers in case of accident or injury to persons or property, and repealing ordinances in conflict herewith. Be it ordained by the Mayor and Council of the City of Lincoln : CHAPTER XIV. Miscellaneous Ordinances. Article I. Accidents, 550. § 1. It shall hereafter be the duty of any policeman iu the city of Lincoln to notify the Chief of Police of any acci- dent or injury to persons or property occurring at any time within the bounds of the beat of such policeman, and the noti- fication of such policeman shall be in writing, stating the nature of the accident, the name of the person or the kind of property injured, and the time and place at which the accident occurred. 551. § 2. Immediately upon receiving such information, the Chief of Police shall transmit a copy thereof to the City Attorney, and in case of personal injuries he shall detail a policeman to proceed at once to the place of such accident, and ascertain from all available witnesses, the manner in which the accident oc- curred and the cause thereof, if possible, and reduce to writing THE CITY OF T.INCOLN. 153 the names and places of residence of such witnesses; and it shall also be the duty of the City Physician and such policeman to visit the person injured, and ascertain the nature and extent of the injury received, and obtain from said person a statement of the manner and cause of the accident, and if in the opinion of the City Physician it be deemed proper, he shall offer to attend to the injuries of such person free of charge. All information received by the City Physician or such policeman shall be re- duced to writing, and immediately transmitted to the City At- torney, who shall preserve the same for reference in case of suit being brought against the city for any such injury or accident. 552. § 3. It shall be the duty of the Chief of Police to notify the City Engineer in writing of the time and location of such accident, and immediately thereupon the City Engineer shall cause the spot or location of such accident to be diagramed or photographed, and obtain the names and statements of. witnesses as to the nature and condition of the street, alley, or sidewalk, where such accident occurred, and upon reducing the same to writing, shall transmit the same to the City Attorney, who shall preserve such information in such manner and for the same pur- pose as required by the preceding section. The City Clerk and the City Attorney are hereby instructed to prepare blank forms for the reports of the different officers mentioned herein, and to so prepare them as to carry into effect all the terms of this article. 553. § 4. The City Attorney shall have the right to call upon the Chief of Police at any time he may deem proper, to assist in investigating any case or suit against the city, or in any case where suit may, in his opinion, be brought; and it shall be the duty of the Chief of Police to at once investigate such case, in such manner as he shall, by the City Attorney, be directed, and make report from time to time to the City Attorney. § 5. All ordinances or parts of ordinances in conflict with the provisions of this or- dinance are hereby repealed. ^ 6. This ordinance shall take eficct and be in force from and after its passage, ap- proval, and publication according to law. Passed August 2(1, A.'l). 1895. Approved August 2G, A. I). 1895. F. A. GuAiiAJr, Mayor. Attest: J. W. Bowen, G/Vy CVc/7i. [seal.] 154 GENERAL ORDINANCES OP AN ORDINANCE providinj,^ lor laying out additions to the city of Lincoln, regulating the manner in wideh such additions sluill he laid out, ])rcscribing jtcnalties for vi- olations of the i)rovisioiis of this ordinance, and repealing ordinances in conflict herewith. Be it ordained by the Mayor and (Jouncil of the City of Lineobi : Article II. Additions. 554. § 1. Any owner of land who shall hereafter layout an addition to the city of Lincoln, shall so lay out the streets, ave- nues, and alleys, of said addition that the same shall correspond in width and direction and be continuous with the streets, ave- nues, and alleys, of the original town of Lincoln, where said addition would be included in the territory embraced by an ex- tension of said streets. In cases where said addition may be lo- cated outside of said territory, the streets, avenues, and alleys of such additions shall run parallel with and conform in width to an extension of the streets, avenues, and alleys, in the said orig- inal town of Lincoln. 555. § 2. Any owner of land within the corporate limits of the city of Lincoln, or adjacent thereto, who shall subdivide the same into smaller tracts of not more than three acres, shall lay out streets, avenues, and alleys, in the manner required of owners of additions and set forth in the preceding section. 556. § 3. Any owner desiring to lay out an addition to the city of Lincoln, or subdivide land within or adjacent to said city in a manner otherwise than as required by the two preceding sections, shall submit to the Mayor and Council a plat of the addition or subdivision desired, showing the location of all streets, avenues, and alleys, as desired by the owner to be platted, and also indicate upon the same plat the streets, avenues, and alleys, as they would be under the requirements of the two ju’e- ceding sections; said plat shall be filed with the City Clerk. The Mayor and Council may, if they deem it for the conven- ience of the inhabitants of such city and the public, grant to such owner by resolution the right so to plat, or may modify the plat as to them may seem for the public interest. THE CITY OF LINCOLN. 155 557. § 4. It shall be unlawful for any j)erson to lay out any addition to the city of Lincoln, or subdivide any tract of land within or adjacent to said city, without complying with all pro- visions of tills ordinance. 558. § 5. It shall be unlawful for any owner or other per- son to sell or offer for sale any plat or tract of land in any addition to the city of Lincoln or in any subdivision of property within or adjacent to said city hereafter platted, which shall not be laid out and platted in conformity with the provisions of this ordi- nance. 559. § 6. Any person violating any of the provisions of this ordinance shall, upon conviction thereof, be fined for each offense not less than ten dollars nor more than one hundred dollars, and costs of prosecution, and be committed until such fine and costs are paid. g 7. All ordinances or parts of ordinances in conflict with the provisions of this or- dinance are hereby repealed. § 8. This ordinance shall take effect and be in force from and after the expiration of one week after its passage, approval, and publication according to law. Passed August 2(5, A. I). 1895. Approved August 20, A. 1). 1895. F. A. Graham, Mayor. Attest: J. W. Bowen, City Cleric, [seal.] AN ORDINANCE providing for the licensing and taxing of theatricals, shows, amuse- ments, and all jmblic exhibitions for gain, fixing the rates of lieense for diflerent exhibitions, prohibiting mutilation and defacement of advertisements of such ex- hibitions, regulating the keeping and conduct of i)laces of amusement, ])rohil)iting the sale of liquors tlierein, providing for special policemen at i)laces of public amusement, preseribing penalties for violations of the la’ovisions of this ordinance, and repealing ordinances in conflict herewith. Be it ordained by the Mayor and Council of the City of Lincoln : Article III. Amusements, 560. § 1. For the purpose of providing for the licensing and taxing of theatricals, shows, amusements, and all public exhibi- tions for gain, in a just and equitable manner, the same are hereby divided into three classes, which shall be known as the first, second, and third, as follows: 561. 1. All entertainments of a dramatic or operatic character, including public readings and recitations, and exhibitions of 156 (JENEllAL ORDINANCES OE piiiiitings or statuary, shall belong to and be known as entertain- ments of the first class. 562. 2. Concerts, or other musical entertainments, pano- ramas, performances of any feats of jugglery, sleight-of-hand, or necromancy, and exhibitions of any natural or artificial curiosi- ties, exhibitions of monsters, or freaks of nature, and variety and minstrel shows, shall belong to and be known as entertain- ments of the second class. 563. 3,, Circuses, menageries, caravans, side-shows, and con- cert, minstrel, or musical entertainments, given under a covering of canvas, and all other exhibitions, performances and entertain- ments not herein enumerated, shall belong to and be known as entertainments of the third class. 564. § 2. No person, or persons, within the limits of the city, shall give any of the entertainments mentioned in this chapter, for gain, without a license for that purpose first had and obtained from the Mayor, under the seal of the city, under a penalty of a fine of not less than ten dollars nor more than one hundred dollars for each offense: Provided^ That for musical parties or concerts, and exhibitions of painting and statuary, given by citizens of this city, not engaged in the giving of such entertainments as a business, no license shall be required. 565. § 3. Each license shall express for what it is granted, and the time it is to continue, and the following tax, or license fee, shall be imposed upon each license granted, as aforesaid, and ])aid to the City Treasurer on the granting of such license, as follows : 1. For entertainments of the first class, ten dollars for every performance or exhibition. 2. For entertainments of the second class, ten dollars for every performance or exhibition. 3. For entertainments of the third class, the following sums : For each circus, or circus and menagerie, having more than one ring, one hundred dollars per day; each circus, or circus and menagerie, having not more than one ring, and the maximum admission fee exceeds twenty-five cents, fifty dollars for each THE CITY OF J.INCOI.N. 157 (lay ; for each circus, or circus and menagerie, having not more tlian one ring, the maximum admission not exceeding twenty- five cents, twenty-five dollars per day ; for each menagerie, twenty-five dollars for each day; for each side-show. with any circus or menagerie, ten dollars for each and every day of exhi- bition ; for each concert, musical, or minstrel entertainment, given under a covering of canvas, ten dollars for each day ; for each other entertainment of the third class, five dollars per day. 566. § 4. Every license shall be issued by the City Clerk, on notice to him from the City Treasurer that the license tax or fee has been paid, and shall be signed by the Mayor. 567. § 5. The Mayor shall determine in every case, where application for license under this ordinance is made, the class to which the entertainment belongs, and the person or persons to whom the license may be granted shall pay the license tax or fee herein fixed for such license. 568. § 6. The owner or lessee of any hall or theater in which the entertainments are given, as a rule, of a dramatic or operatic character, and the highest admission price exceeds seventy-five cents, shall, on the payment of one hundred dollars to the City Treasurer, or if the highest admission price does not exceed sev- enty-five eents, then on the payment of fifty dollars to the said Treasurer, have the occupants of his or their hall, or theater, exempted from license for one year. 569. § 7. The owner or le.'See of any hall, theater, museum, or other building, in which, as a rule, entertainments of the sec- ond class are given, on the payment of one hundred dollars to the City Treasurer, shall have the occupants of his hall or other building exempted from license for one year. 570. § 8. The word ‘^entertainments’’ used herein, shall be taken to mean and include theatricals, and other exhibitions, shows, and amusements, wherein or whereby any person or per- sons shall act, play, or j;erform, any play, opera, or other dra- matic or musical composition, or give performances of any kind, or give any show or public exhibition for gain. 158 GENERAL ORDINANCES OF 571. § 9. Every license granted under the provisions hereof shall at all times be subject to the ordinances of the city existing when the same shall be issued, or which shall thereafter be passed, so far as the same shall apply, and such license shall not be transferable. 572. § 10. All licenses for entertainments, where a license is required, shall contain a proviso that no gaming, raffle, lottery, or chance gift distribution of money or articles of value, shall be connected therewith or allowed by the person obtaining said license, or in any wise permitted or held out as an inducement to visitors, and when any person or persons shall be charged by a credible person with having violated the provisions of his license in this respect, the Mayor is directed to give the parties accused reasonable notice thereof, and inquire into the truth of said charge, and if the accusation be sustained to his satisfaction, he may revoke the license of any such person or persons; and every person so offending shall, in addition, upon conviction, be fined in any sum not exceeding one hundred dollars. 573. § 11. No person or persons shall be allowed to give any concert or entertainment for gain in any licensed saloon, or in any place the entrance of which is through a saloon, within this city; and any person or persons violating this provision shall be fined in any sum not less than ten dollars nor more than one hundred dollars. 574. § 12. The owner or lessee of every licensed theater, hall, or other building, shall post and maintain during the period of his license, in some conspicuous place near the main entrance, a printed certificate, properly framed, showing the class of enter- tainments for which said theater or hall is licensed; its seating capacity; the number of exits, and size of each; and the number of aisles in each circle, which said certificate shall be signed by the Chief of the Fire Department; and shall also state, if such be the fact, that he has personally examined said building, and considers it safe. 575. § 13. It shall be unlawful for the owner or lessee of any theater, hall, or other building, where public entertainments are THE CITY OF TJNCOLN. 159 given, to permit any person or persons to use the same for such purpose without the license required by this chapter. 576. § 14. It shall be unlawful for any person or persons to destroy, tear, mutilate, cover over, or otherwise deface or injure, any bill or poster (posted in such places as may be permitted) descriptive of any performance or entertainment given in any licensed theater or hall, or in pursuance of a license given by the city. 577. § 15. It shall be unlawful for any person or persons to sell or give away any spirituous, vinous, malt, or any other in- toxicating liquors, in any theater, hall, or other building, in which public entertainments are given for gain. 578. § 16. No chairs, stools, or seats of any description, shall be placed or permitted to remain in or across the lobby, aisles, or passage-ways, in any theater, hall, church, or other public build- ing, when the same is occupied by the public. 579. § 17. All persons owning, leasing, managing, or having charge, of any church, theater, opera house, public hall, or place of amusement, in this city, shall be required to have all doors leading to or from the same hung so as to open out therefrom. 580. § 18. It shall not be lawful for any person or persons to stand in the lobby or outer entrance to any licensed theater, hall or other public building, or on the sidewalk adjacent to and within twenty-five feet of such entrance, after a request to move on, made by the owner, lessee, or any police officer. 581. § 19. It shall be the duty of every owner or lessee of every licensed theater, hall, or other building, to keep and pre- serve good order in and about his premises, and to that end he shall hire and keep at his own expense a sufficient number of special policemen. 582. § 20. It shall be the duty of all members of the police force to see that the provisions of section 16 are strictly observed, and in case of any violation thereof, forthwith to proceed to clear any obstructed aisle, passage-way, or lobby, and to arrest the of- fender or offenders. 583. § 21. Any person who shall violate any of the provis- 160 GENERAL ORDINANCES OF ions of tills article, for which a penalty is not otherwise pro- vided, shall on conviction be fined in any sum not exceeding one hundred dollars. §22. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. § 23. This ordinance shall take effect and be in force from and after the expiration of one week after its passage, approval, and publication according to law. Pas.sed August 2(1, A. 1). 1895. Approved August 2(5, A. I). 1895. F. A. Graham, Mayor. Attest : J. W. Bowen, City Clerk, [seal.] Article IV. Areaway s. 584. § 1. That it shall be unlawful for any person or per- sons within the city of Lincoln to contract or maintain any cel- larway, window or door, area or entrance to any basement in any alley in the said city of Lincoln of greater width than as prescribed in section 3 hereof. 585. § 2. All cellarways, doors or windows, area ways of en- trances to basements in any alleys in the said city of Lincoln shall be constructed with solid wall of brick or stone at least one foot in thickness, and top thereof to conform with the level of the pavement of the alley wherever said alley is paved, and to the level of the grade in unpaved alleys, provided that a stone coping on said area walls may come six inches above said grade. In the center of said wall there shall be placed an iron railing three feet in height in all cases where said cellar way or other opening is left uncovered. 586. § 3. In all alleys which are over twelve feet in width such cellarways, windows or doors, areaways or entrances to basements shall not extend from the lot line into said alley to exceed three feet and six inches to the outer edge of the wall as herein prescribed. In all alleys twelve feet or less in width such cellarways, win- dows or doors, areaways or entrances to basements shall not ex- tend from the lot line into said alleys to exceed two feet in width to the outer edge of said wall. THE CITY OF LINCOLN. 161 587. § 4. In all alleys over twelve feet in width the person or persons constructing or maintaining such cellarway or other opening as herein prescribed may leave same open and uncovered when {irotected by railing as prescribed in section 2 hereof. In all alleys twelve feet or less in width all such cellarways or other openings as herein specified shall be securely covered with iron gratings of sufficient size and strength to sustain the weight of the usual traffic by drays and vans on the streets of said city of Lincoln. 588. § 5. It shall be unlawful for any person or persons to construct any such cellarway or other opening as herein pre- scribed in any alley in said city of Lincoln without having first submitted the plans showing the proposed dimensions of same to the Street Commissioner of said city and having procured from said Street Commissioner a permit in writing for same. No fee shall be charged by said Street Commissioner for granting such permit. 589. § 6. That any person violating any of the said provis- ions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not ex- ceeding one hundred ($100) dollars and shall stand committed until such fine and costs are paid. [Passed July 9, 1894, Passed over veto July IG, 1894. Published in Joimwl July 19, 1894.] AN ORDINANCE providing for the licensing and taxing of auctions and auctioneers, prohibiting sales of goods, wares, and merchandise at auction under certain cir- eiimstances, regulating the sales thereof when ])erniitted, ])roviding for licenses or l)ermits to sell under certain conditions, ])rescribing penalties for violations of the i)rovisions of tliis ordinance, and repealing ordinances in conhict herewith. He it ontained hi/ the lUaijor and Council of the Cittj of Lincoln : Article V. Auctions and Auctio^ieers. 590. § 1. No goods, wares, merchandise, or other thing whatever shall be sold at auction, or exposed for sale, in any street, avenue, alley, or public place in the city of Lincoln, un- 162 GENERAL ORDINANCES OF less permission in writing be first obtained from the Mayor, who is hereby authorized to grant a permit to make sueh sales, when, in his opinion such permission will not interfere with the free travel of any such street, avenue, alley, or public place, and will not be injurious in any respect to the city, or inhabitants thereof. A fee of five dollars, for the use of the school fund, shall be paid for each permit. 591. § 2. All sales of goods, wares, and merchandise, or other personal property, at public auction, within the city, ex- cept such as are made under and by virtue of legal process, shall be made by a person, his copartner or clerks, who shall have first paid the tax imposed on such occupation as herein provided. 592. § 3. Any person may become an auctioneer and be per- mitted to sell real and personal property at public auction, at a place to be named in said permit, upon paying to the City Treas- urer the sum of one hundred dollars annually and executing a bond to the city, with two sureties, to be approved by the Mayor, in the penal sum of five hundred dollars, conditioned for the due observance of the ordinances of the City Council. Permits may be issued for three and six months upon payment of a propor- tionate part of the annual tax, and giving of said bond, such occupation tax to be paid into the police fund. 593. § 4. Every person who may wish to engage in such business, as above mentioned, shall apply in writing to the Mayor, setting forth therein his proposed place of business and the names of his sureties, and in no case shall sueh place of busi- ness be changed without the written consent of the Mayor. The permit shall be subject to revocation by the Mayor whenever it shall appear to his satisfaction that the party named therein shall have violated any provisions of any ordinance of the city relat- ing to auctions or auction sales, or any condition of the bond aforesaid. 594. § 5. It shall be the duty of every auctioneer who shall offer for sale any watch, plate, or jewelry of any kind, to an- nounce to the persons ])resent, in a loud voice, whether the same be gold, gold-plate, silver, silver plate, or base metal, before THE CITY OF LINCOr.N. 1G3 proceeding to sell the same. Every auctioneer who shall offer for sale any watch, plate, or other jewelry, without first making such announcement, shall, on conviction thereof, he fined in any sum not more than twenty dollars for each offense. 595. § 6. The purchaser at an auction sale of any watch, plate or jewelry, shall have the right to return it to the auctioneer at any time within five days from the day of the sale, if the watch, plate, or jewelry, be not of the quality represented to him, and the auctioneer shall return to the purchaser the price of the article. Should he refuse to do so, he shall forfeit his permit and be liable to a fine of not more than fifty dollars. And it is hereby provided that if it shall be made to aj)pear to the satis- faction of the Mayor that the place of sale, or the place of busi- ness, of any such auctioneer, shall have been closed at any time during said five days, for the pur|)()seof avoiding an offer to re- turn any such article so sold, the Mayor shall revoke the permit of such auctioneer. 596. § 7. Any auctioneer who shall exhibit and offer for sale at auction any article, and induce its purchase by any bid- der, and who shall afterwards substitute any article in lieu of that offered to and purchased by the bidder, shall forfeit his [)ermit and be liable to a fine of fifty dollars. - 597. § 8. Any auctioneer or person being present when any watch, plate, or jewelry, is offered for sale, who shall knowingly, with intent to induce any person or persons to purchase the same, or any part thereof, make any false representation or statement as to the ownership of or the character or, quality of the article or articles so offered for sale, or as to the poverty or circumstances of the owner or pretended owner of such article or articles, shall, on conviction, be fined in any sum not more than fifty dollars; and if such false representation is made by such auctioneer, or by any other person with such auctioneer’s knowledge and con- sent or connivance, the permit of such auctioneer shall be for- feited. 598. § 9. Every auctioneer, at the time of receiving his per- mit, shall file with the Clerk a writing, signed by him, designat- 164 GENERAL ORDINANCES OF ing the copartner and the clerks mentioned in section 2 of this article, and upon any change of such copartner or clerks, shall file a like writing, setting forth such change; and if any auc- tioneer shall permit any other person than such copartner or clerks to sell any article at auction at the place designated in such permit, he shall forfeit his permit, and, on conviction thereof, shall be fined not less than fifty dollars. 599. § 10. All provisions of this article shall apply to such copartner and clerks, while acting as auctioneer; and such co- partner and clerk, so acting as auctioneer, shall be subject to all the penalties hereby imposed upon auctioneers for like offenses or violation of this ordinance. 600. § 11. In case of the death of any auctioneer before the time limited in his permit shall have expired, his copartner or copartners, if he has any, or his personal representative, may continue to act under the permit for the unexpired time. 601. § 12. No auctioneer shall sell, or offer for sale, at pub- lic auction, any goods, wares, merchandise, or other personal property, in any place, house, store, or other building, other than in the place where he is authorized to sell by his said permit, without a special permit from the Mayor. 602. § 13. It shall be unlawful for any person to sell, or at- tempt to sell, at public aution in this city, any goods, chattels, or personal property whatever, except under and by virtue of legal process, or under and by virtue of a mortgage, without having first obtained a permit therefor and paid the tax as herein re- quired. 603. § 14. Any person who shall violate any of the provis- ions of this article, where no other penalty is imposed, shall, upon conviction, be fined in any sum not more than one hundred dollars. § 15. All ordinances or parts of ordinances in conflict with the provisions of this or- dinance are herel)y repealed. § 16. This ordinance shall take effect and be in force from and after the expiration of one week after its passage, approval, and publication according to law. Passed August 26, A. D. 1895. Ayjproved August 26, A. D. 1895. F. A. Graham, Mayor. Attest : J. W. Bowen, City Clerk, [seal.] THE CITY OF LINCOLN. 165 AN ORDINANCE regulating the use of barbed wire fence in the city of Lincoln, pro- viding for removal of such fence now in use, prescribing penalties for violation of the provisions of this ordinance, and repealing ordinances in conflict herewith. Be it ordained bij the Mayor and Council of the City of Lincoln: Article VI. Barbed Wire Fence, 604. § 1. No fence or barrier consisting or made of what is called ‘‘barbed wire/^ or of which barbed wire is a part, shall be built, constructed, or used, within the city of Lincoln, along the line of or in or upon or along any street, alley, or public walk or drive; or through, along, or around, any public park, or in and about or along any land or lots or parks owned or controlled by the city of Lincoln. 605. § 2. Wherever in the city of Lincoln, in, along, or through, any public street, alley, or park, barbed wire is now in use in part or in whole for fence or barrier, the same shall be removed; and any party or parties owning, controlling, or build- ing, the same, shall, upon written notice from the Street Com- missioner, remove the same within thirty days from the service of such notice; and upon failure of such party or parties to com- ply with said notice, such party or parties shall be subject to a fine hereafter provided. 606. § 3. Any person violating any of the provisions of this article shall upon conviction be fined in any sum not more than twenty dollars. g 4. All ordinances or parts of ordinances in conflict with the provisions of this or- dinance are hereby repealed. ^ 5. This ordinance shall take effect and be in force from and after the expiration of one week after its passage, approval, and publication according to law. Passed August 26, A. D. 1895. Approved August 26, A. D. 1895. F. A. Graham, Mayor. Attest: J. W. Bowen, City Clerk, [seal.] 166 GENERAL ORDINANCES OF Article VII. Billiards and Ball Alleys. 607. § 1. That it shall be unlawful for any person or per- sons to keep or permit to be kept upon his, her, or their premises, occupied by such person or persons, within the limits of the city of Lincoln, for hire, gain, or reward, any ball alley or alleys, or any billiard, pool, or other table or tables, without first having procured a license so to do as hereinafter provided. And no person shall keep any such table in any saloon or room connected therewith without having a license therefor as herein requied. 608. § 2. That hereafter any person or persons desiring to keep such ball alleys, or billiard, pool, or other tables in the city of Lincoln, shall make application in writing to the Council of said city for a license so to do, specifying the place where the same is desired to be kept, and thereupon the Council of said city may direct a license to be issued by the Clerk of said city, signed by the Mayor and Clerk, and attested by the seal of said city, whenever the applicant shall have complied with the pro- visions of section three of this ordinance. 609. § 3. After said application shall have been granted, and before any such license shall be issued, the applicant shall exe- cute and file with the clerk of said city a bond to said city in the sum of one hundred dollars for each ball alley, and one hundred dollars for each billiard or other table desired to be kept (a single bond being sufficient in either case), signed by one or more suffi- cient sureties ^to be approved by the Mayor, and shall also pay to the City Treasurer the sum of ten dollars for each ball alley, and the sum of ten dollars for each billiard or other table, and file the Treasurer’s receipt for the same with the Clerk. The bond aforesaid shall be conditioned for the faithful observance of all requirements of this or any other ordinance or regulation made or to be made by said City Council concerning the keeping of ball alleys and billiard and other tables, and the payment of all penalties, damages, and costs that may be assessed against the THE CITY OF LINCOLN. 1C7 party on account of the keeping of the same. And upon the filing of the bond and the Treasurer’s receipt aforesaid, the City Clerk shall issue the license aforesaid, provided the City Council has previously assented, which license shall specify the place where said ball alley or billiard or other tables are to be kept, and shall not be transferable. 610. § 4. It shall be unlawful for any person, licensed as aforesaid, to indulge in, or permit, in, at, or about tlie place where said ball alley or billiard or other tables are kept, any drunkenness, quarreling, fighting, profane or boisterous language, or gambling with any device whatever, or permit to play thereon or thereat any minor under the age of eighteen years, or appren- tice, without the consent of the guardian or parent thereof ; or to permit any person to play thereon or thereat after the hour of twelve p. M., and before six o’clock A. M. ; and any person so offending or violating any of the provisions of this ordinance shall, on conviction thereof, be fined in any sum not exceeding one hundred dollars, nor less than five dollars for each offense, and pay the costs of prosecution, and shall be committed until the same are paid. [Passed May 22, 1894. Approved May 24, 1891. I’ublished in Journal May 25, 1894.] AN ORDINANCE to provide for the registration of ]>irths in the city of Lincoln, pre- scribing penalties for violation of the provisions of this ordinance, and repealing ordinances in conflict herewith. Be it ordained bij the Maijor and Council of the City of Lincoln : Article VIII. Births. 611. § 1. Every physician, midwife, and other person who may profe.ssionally assist or advise at any birth in this city, shall make and keep a registry of every such birth, and therein enter the time and place, ward and street and number, of such birth, and the sex and color of every child born, and the name and resi- dence of each of the parents (so far as the foregoing facts can be ascertained). 168 GENERAL ORDINANCES OF 612. § 2. It is hereby made the duty of every person men- tioned in tlie last preceding section (required to make or keep such registry) to file with the health officer a written report, by him signed, of all the facts in said register required to be entered, during the first week of the months of January, April, July, and October, of each year, of all entries made during the preceding three months. 613. § 3. Any person who shall fiiil to keep the register re- quired by this article, or who shall fail to make the report herein required within one week after the same is required to be made, shall, upon conviction, be fined in any sum not exceeding one hundred dollars. § 1. All ordinances or parts of ordinances in conflict with the provisions of this or- dinance are hereby repealed. g 5. This ordinance shall take effect and be in force from and after the expiration of one week after its passage, approval, and publication according to law. Passed August 26, A. D. 1895. Approved August 26, A. D. 1895. F. A. Guaham, Mayov. Attest: J. W. Bowen, City Clerk, [seal.] Article IX. Bi'cad. 614. § 1. All bread baked and offered and exposed for sale in the city of Lincoln shall be made of good and wholesome flour or meal. 615. § 2. All bread shall be sold by avoirdupois weight. All bread shall be made into loaves of one (1) and two (2) pounds weight when baked. And every baker of bread for sale shall mark each loaf with the initial letter of the name of the bakery where the same is made. 616. § 3. The provisions of this section shall not apply to biscuits, buns, rolls, or fancy breads weighing less than a quarter of a pound. 617. § 4. Any baker or other person who shall stamp his bread with the initial of another bakery than his own, or who shall make for sale, offer for sale, or procure to be sold, any un- stamped bread, or bread not stam})ed by the baker thereof with the initial of his bakery, and any baker, or other person, who THE CITY OF EINCOLN. 169 shall sell, ofler for sale, or procure to be sold, bread not made of wholesome flour or meal, or who shall sell, or offer for sale, any sour or spoiled bread or cake unfit for use, or who shall violate any of the provisions of the foregoing sections of this ordinance, shall, upon conviction, be fined for the first offense not less^than five and not more than ten dollars, and for every other offense thereafter not less than ten and not more than fifteen dollars for each and every offense, and pay the costs of prosecution, and shall be committed until the fine and costs are paid. [Passed December 12, 1893. Approved December 18, 1893. l^ublislicd in Journal De- cember 19, 1893.] AN ORDINANCE regulating bnildiiig and ljuilding i)ermits in the city of Lincoln, prohibiting certain buildings in certain districts, providing regulations under which buildings may Ijc erected in certain districts, regulating the granting of per- mits and fixing the amount of fees to be charged therefor, i)reseribing penalties lor violation of the provisions of this ordinance, and repealing ordinances in conllict herewith. Be it ordained by the Mayor and Council of Ike Oily of Lincoln : Article X. Building Permits. 618. § 1. That wheu any person or persons shall be about to erect any house or building, or any addition to any building, the cost of which addition will exceed one hnndred dollars, within the limits of the city of Lincoln, he or they shall make written application to the Chief of the Fire Department, stating the number and general dimensions of the building or buildings so to be erected, the estimated cost of the same, the location of said building or buildings, the number and height of the’stories, the name of the owner or owners of the same, and the kind of ma- terial to be used in said building or buildings, and when the same will be completed; and if the Chief of the Fire Depart- ment report favorably thereon to the City Council and recommend the granting of the application, the City Council may issue a per- mit to such person or persons to erect such building or buildings 9 170 GENERAL ORDINANCES OF or addition, and to occupy siicli part of any street or sidewalk in front of or adjoining the premises upon whicli such improvement is to be made, not to exceed one-half the sidewalk and one-third the street, for such length of time as may be necessary; and all materials put upon the street or sidewalk used in the construction of said improvement, shall be piled up in a neat and workmanlike manner, and the gutter or gutters shall be kept unobstructed : Provided^ No such permit shall be granted until the person or persons applying therefor shall have first paid into the City Treasury the following fees: 619. § 2. Application fee, 50 cents. Permit for each building, outside of fire limits, 50 cents. Permit for the obstruction of street, per month, |51.50. Permit for building within the fire limits, $1.00 for each twenty-five foot frontage or fraction thereof. The revenue so derived to be placed in the fund for the sup- port of the Fire Department. 620. § 3. Any person or persons building within said limits without first having obtained the permit above provided for, or violating the same after having obtained it, shall, upon convic- tion thereof, be fined in any sum not less than five dollars nor more than one hundred dollars, and shall stand committed until such fine and the costs are paid. g 4. All ordinances or parts of ordinances in conflict with the provisions of this ordi- nance are hereby repealed. g 5. This ordinance shall take effect and he in force from and after the expiration of one week after its passage, approval, and publication according to law. I’assed August 26, A. I). 1895. Approved August 26, A. D. 1895. F. A. Graham, Mayor, Attest: J. W, Bowen, City Clerk, [seal.] THE CITY OF HTNCOHN. 171 AN ()I\1)INAN('K n.'s;u1iitiuf? the construction of bnildin^.s within the limits of the city of Lincoln, :ine it ordained hy the Mayor and Council of the City of Lincoln : Article XI. Buildings. 621. § 1. No buildiug or structure of any kind or descrip- tion shall be erected or constructed within the fire limits of the city of Lincoln, and no brick or stone building or structure shall be erected or constructed within the corporate limits of said city, except in the manner and as hereafter provided in this ordi- nance. But this ordinance shall not be construed to apply to or in any way affect buildings in course of construction or under contract before the passage of this ordinance. 622. § 2. It shall be unlawful to repair any frame building within the fire limits of the city of Lincoln when snch building shall have been damaged by fire or decay, or both, to the extent of fifty per cent of the value of such building. 623. § 3. Whenever any frame building within the fire limits of said city shall have become damaged by fire or decay, or both, the extent of which, in the judgment of the Chief of the Fire Department and fire committee of the Council, exceeds fifty per cent of the value of such building, if the owner of such building objects to the such conclusion, he or they may file with the Chief of Fire Department a petition asking for the appointment of ar- bitrators to determine the question of damage; or if the Chief of the Fire Dej)artment should conclude that the damage is less than fifty per cent, then and in that case the owners of adjacent ])roperty to such damaged building may claim an arbitration to ascertain the damage to such building; in either case the party asking for arbitration shall pay six dollars to the Chief of Fire Department on filing his petition, which shall be in full of costs 172 GENERAL ORDINANCES OF of such arbitration. The arbitration to consist of three disinter- ested persons, one to be chosen by the Chief of Fire Department and one by the party filing the petition, and the two thus chosen shall select a third, and the decision of a majority of the persons so selected shall be final and conclusive. 024. § 4. Arbitrators selected to ascertain such extent of damages, before entering upon their work, shall make and sub- scribe an oath before an officer authorized to administer oaths, that they will make a thorough examination of the premises damaged as aforesaid, and make a just and true report as to the amount and extent of such damage, the report to be signed in duplicate, the original to be handed to the City Clerk, the dupli- cate to be given to the owner of the premises in question. 625. § 5. Whenever such building shall be adjudged by such arbitrators to have been damaged by fire, or decay, or both, to he extent of fifty per cent of its value, it shall be unlawful, as aforesaid, to repair the same, and the building or structure shall be torn down. 626. § 6. Whenever the owner, agent, or occupant, shall re- fuse or neglect, after five days’ notice, to petition for such arbi- trament, it shall be lawful for the Chief of Fire Department and fire committee to declare such premises, as set forth in such notice, as having, in their judgment, been damaged by fire or decay, or both, to the extent of fifty per cent of its value. 627. § 7. If the owner or agent refuses after three days’ no- tice to tear down or remove such building or structure, after the same has been condemned, according to sections numbered 5 and 6 of this ordinance, the building shall be removed by the Chief of the Fire Department, the expense of such removal to be taxed against the owner of said building. 628. § 8. Whenever, in the opinion of the Chief of the Fire Dej)artment, any wall or other part of a burned building is dan- gerous, he shall remove or cause it to be removed immediately. 629. § 9. When any building shall be deemed unsafe for the purpose for which it is used, or shall be in danger of being set on fire from any defect in its construction, the Chief of the THE CITY OF LINCOLN. 17.3 • Fire Dci)ai’tnient shall report the same to the Mayor or Council and notify the owner or his agent, in writing, specifying wherein such danger consists or wherein such building is unsafe or de- fective. If the owner neglects or refuses, for the sjiace of five days after the serving of such notice, to proceed to put such building in safe condition, or secure such wall or dangerous parts of a burned or decayed building, lie shall be subject to the pen- alty of not less than five dollars nor more than one hundred dol- lars for each and every day such violation shall continue after the serving of such notice. 630. § 10. Sheds not exceeding twelve feet in height from the ground at the highest parts thereof, and not exceeding two hundred and fifty feet area, and privies not exceeding ten feet square or twelve feet high, may be constructed of wood outside the fire limits of the city of Lincoln; but shall not be permit- ted inside the fire limits unless by order of the Council upon recommendation of the Chief of the Fire Department; such sheds and privies shall be separate structures; such sheds shall not be located on the front part of any lot, nor shall they be used as a dwelling, or for any business purpose whatever, nor shall more than one shed be erected on any one building lot. A room may be partitioned off in such shed for the purpose of a privy, but for no other purpose. 631. § 11. Shelter sheds may be constructed having incom- bustible roofing not over one story sixteen feet high from the ground to highest point of roof, the roof to be supj)orted on sufiicient posts or piers, outside the fire limits of the city of Lin- coln, but shall not be permitted inside the fire limits unless by an order of the Council upon recommendation of the Chief of the Fire Department. Such sheds shall have no inclosing walls or wooden floors. 632. § 12. All buildings hereafter erected within the fire limits of the city of Lincoln shall have their circumscribing walls of brick, stone, or other incombustible material, with proper footings and foundations of masonry. 633. § 13. Sills and lintels over six feet for doors and win- 174 GENERAL ORDINANCES OF dows, and posts for stone fronts of buildings more tlian twenty feet bigh, shall be of incombustible material. ()34. § 14. All business buildings not exceeding fourteen feet high, shall have inclosing walls not less than twelve inches thick. 635. § 15. All two-story business buildings shall have in- closing walls twelve inches thick, and basement walls not less than sixteen inches thick. 636. § 16. All three-story business buildings shall have in- closing walls not less than twenty inches for basement and six- teen inches for first story, and twelve inches for second and third stories. 637. § 17. All four-story business buildings that are more than one hundred feet deep shall have the inclosing walls (sup- porting joists) twenty-four inches thick for basement and twenty inches for first story; sixteen inches for second and third stories and twelve inches for fourth story. If less than one hundred feet deep, the walls of basement twenty inches, first and second stories sixteen inches, third and fourth twelve inches. All five- story business buildings that are more than one hundred feet deep shall have the inclosing and division walls (supporting joists) twenty-four inches thick for basement story, twenty inches thick for first and second stories, and sixteen inches for third and fourth stories, and twelve inches for fifth story. Similar walls for five-story buildings one hundred feet or less in depth, basement walls twenty-four inches, first story twenty inches, second, third, and fourth, sixteen inches, and fifth story twelve inches, (except that division walls may be twenty inches for basement.) Division walls in business buildings that are three stories high shall be sixteen inches in basement and twelve inches in first, second, and third stories. 638. § 18. Front and rear walls for five-story business build- ings shall be twenty-four inches thick for basement, twenty inches for first and second stories, sixteen inches for third and fourth stories, and twelve inches for fifth story. Similar walls for four-story business buildings shall be twenty-four inches for THE CITY OF r.TNCOI.N. 175 basement, twenty inches for first story, sixteen inches for second and third stories, and twelve inches for fourth story: Provided^ Tliat any front or rear wall supporting beams or girders shall be increased eight inches in thickness by two feet, forming but- tresses or pilasters directly under such beams or girders: And Provided alsOj That all twelve-inch division walls in business buildings shall have ledges formed of brick-work projecting four inches from face of wall on each side to receive the bear- ing of the joists and rafters. 639. § 19. Brick or stone walls in any business building for the pur])ose of dividing the interior into rooms, passages, or stairways, shall be of the thickness required for rear walls of the same height as the required partition walls. 640. § 20. The height of stories for all given thicknesses of walls must not exceed eleven feet in the clear for basement, eighteen feet in the clear for first story, fifteen feet in the clear for second story, thirteen feet in the clear for third story, twelve feet in the clear for fourth story, and fourteen feet in the clear average height of upper story. If any story exceeds these heights respectively, the walls of such story and of all stories below the same shall be increased four inches in thickness additional to thicknesses already mentioned. 641. § 21. In accordance with the foregoing provisions, all walls for business buildings shall be of the thickness designated in the following table: 176 GENERAL ORDINANCES OP Inclosing Walls. Basement, inches. First story, inches. Second story, inches. I Third story, inches. Fourth story, inches. Fifth story, inches. Sixth story, inches. One story high 12 8 Two stories high 16 12 12 Three stories high 20 16 12 12 Four stories high 24 20 16 16 12 Five stories high 24 20 20 16 16 12 Six stories high 28 20 20 20 16 16 16 Seven stories high .. 28 20 20 20 20 16 16 Four, less than 100 feet 20 16 16 12 12 Five, less than 100 feet 24 20 16 16 16 12 Six, less than 100 feet 24 20 20 16 16 16 12 Seven, less than 100 feet 24 20 20 20 16 16 16 Division walls in business huildings. For three-storv buildings 16 12 12 12 For four-story buildings 20 16 16 16 12 For five-story buildings 24 20 20 16 16 16 For six-story buildings 28 20 20 20 16 16 16 For seven-story buildings 28 20 20 20 20 16 16 For five-story, less than 100 feet 24 20 16 16 16 12 For six-story, less than 100 feet 24 20 20 16 16 16 12 For seven-story, less than 100 feet... 24 20 20 20 16 16 16 Front and rear walls. Of four-story buildings 24 20 16 16 12 Of five-story buildings 24 20 20 16 16 12 Of six-story buildings 28 24 20 20 16 16 12 Of seven-story buildings :io 24 24 20 20 16 16 Brick partition walls in business buildings. For one story 12 12 For two stories 16 12 12 For three stories 16 16 12 12 For four stories 20 16 16 12 12 For five stories 20 20 16 16 12 12 For six stories 24 20 20 16‘ 16 12 12 For .seven stories 24 20 20 20 16 16 12 Seventh story, inches. THE CITY OF TJNCOLM. 177 G42. § 22. ^yllcncver it is sought to increase the height of any bnikling beyoiKl the height for which the original permit was granted, the thickness of the walls thereof shall also be in- creased in accordance with the above table. G43. § 23. The outside walls of rooms having trussed roofs or ceilings, such as churches, public halls, theaters, dining rooms, or the like, if more than fifteen and less than twenty-five feet high, shall average at least sixteen inches; if over twenty-five feet high, at least twenty inches; if over forty-five feet, at least twenty-four inches in thickness. An increase of four inches in thickness shall be made in all cases where the walls are over one hundred feet long, unless there are cross-walls of equal height, 644. § 24. If solid buttresses are employed with a sectional area of three hundred or more square inches, placed less than eighteen feet apart, and extended to, or nearly to, top of walls, four inches may be deducted from the thickness of any wall hav- ing such buttresses. 645. § 25. Cut-stone facings of walls shall be backed up with brick work of same thickness required where no cut stone is used. In cases where the cut stone is in great measure self-sup- porting, four inches less thickness of brick backing may be used. Ashlar fronts properly bonded to the brick work may have back- ing same as self-supporting stone fronts or walls. 646. § 26. Any party wall now existing that shall have been built conformably to the requirements of any law regulating the construction of such walls, and in force at the time of such con- struction, if sound and in good condition, may be used in the construction of an adjoining building: Frovulcd, hoiceverj That no brick work shall be placed on such wall to give additional height to the wall, unless the thickness of such additional wall and the thickness of the old wall in each story shall at least equal the thickness required for division walls of same height for busi- ness buildings, as herein required for division walls. This sec- tion shall apply in all cases where it is desired to add additional height to any business building. In case of outside walls of any business building being built against the wall of any old build- 178 GENERAL ORDINANCES OP ing, (not being a party wall,) the new wall shall be of the same thickness as required for ontside walls in such building. 647. § 27. Domes on any business buildings shall be made so as to entirely exclude wood in their construction. All mansard or other roofs having a greater inclination than sixty-five degrees shall be rendered fire-proof by coating the sheathing at least one inch deep with a firm plaster or cement immediately under the incombustible weather covering of such roofs. Strips one inch square may be fastened to the sheathing to receive the fastenings of the slate, tile, or metallic roofing, the cement plastering to be laid flush with such strips. All mansard or other roofs in busi- ness buildings shall be covered entirely with incombustible ma- terials. 648. § 28. Slate covering of roofs having less inclination than sixty-five degrees, or for roofing of spires or similar con- struction, may be fixed directly to wood sheathing or lath ; Pro- videdy That each course of slating shall be pointed with cement in the joints so far as such joints are to be covered by the suc- ceeding course; also, that a bed of similar cement shall be spread on the sheathing at the upper end of the slate, at least five inches in width, and made flush with the course of slate already laid, and forming a bed for the succeeding course of slate. When slates are secured to lath, the entire under side of such slate roof- ing shall be pointed with cement mortar in usual and best manner. 649. § 29. Buildings having the first story, or basement and first story, designed for business purposes, and the upper stories for dwellings, the first floor being not more than thirty inches above grade of sidewalk, shall have walls of brick work of the thickness as follows, to-wit: For two-story-and-basement build- ings, the basement walls sixteen inches and first-story walls twelve inches; second story, eight inches; for three-story-and- basernent buildings, basement walls, twenty inches; first and second stories, twelve inches; third story, eight inches; for fonr- story buildings, the basement wall twenty-four inches; first story sixteen inches; second, third, and fourth stories, twelve inches; THE CITY OF LINCOLN. 179 when built in blocks of two or more buildings, the division walls in three-story buildings may be sixteen inches in basement, and in four-story buildings they may be twenty inches in basement. 650. § 30. Two-story-and-basement walls of dwelling houses may be constructed of brick work, the basement walls not less than sixteen inches thick ; walls of first and secoiul stories not less than eight inches thick; and all such dwellings erected in blocks of two or more buildings shall have division walls in basement twelve inches thick, and first and second stories eight inches thick. 651. § 31. Three-story-and-basement dwelling houses shall have walls of basement not less than twenty inches thick; walls of first and second stories, twelve inches; third story, eight inches. Such dwellings erected in blocks of two or more buildings may have the division walls in basement and first story twelve inches, and in second and third stories eight inches. 652. § 32. All dwelling houses of more than three stories and basement shall be constructed, if of brick, with outside walls for basement and first story, not less than sixteen inches thick; walls above first story, not less than twelve inches thick; division walls in blocks may be twelve inches thick in first story; division walls in any building that are less than sixteen inches thick, shall have ledges on each side projecting four inches from face of wall to receive the bearings of joists or rafters. 653. § 33. In accordance with the foregoing provisions, all walls for dwelling houses shall be of the thickness designated in the following table : 180 GENERAL ORDINANCES OF Walls of Dwellings. Basement, inches. First story, inches. ; Second story, inches. jl Third story, inches. ij |l Fourth story, inches, jj Basement and two stories 16 8 8 Basement and three seories 20 12 12 8 Division walls, basement, and two stories 12 8 8 More than three stories 16 16 12 12 12 Division walls, basement, and three stories 12 12 8 8 Division walls, basement, and four stories 16 12 12 12 12 When fir fit story, or basement and first story, for shops and stores. Two stories and basement 16 12 8 Three stories and basement 20 12 12 *8 Four stories and basement 24 16 12 12 12 Three-story building, division wall 16 12 12 8 Four-story building, division wall 20 16 12 12 12 654. § 34. All dwelling houses, including those having first story used for business purposes, and all other buildings that are not more than two stories high, having flat roofs, shall have all the walls (except front walls) extend sixteen inches above the roof, and not less than eight inches thick ; to have proper copings of incombustible material; double-pitched roofs to have their division and side walls carried up, forming fire walls in same manner. Walls at the eaves of all roofs (except flat roofs) shall be carried up their full thickness, flush with the upper edge of the rafters of roof, and the sheathing board shall be bedded in mortar on such walls. 655. § 35. Business buildings, more than two stories high, having flat roof, shall have their side and rear walls carried two feet above the roof; division and party walls three feet above; forming fire walls, not less than twelve inches thick; to have copings of incombustible material. Front walls may terminate flush with the upper surface of sheathing of roof. Division and THE CITY OF T.INCOLN. 181 party walls to extend through mansard or other steep roofs, not less than sixteen inches, and have copings same as other fire walls. 656. § 36. Any building not more than three stories high may have the rear wall terminate flush with the upper surface of the sheathing of roof: Provided, That the gutter of the eave of such roof is entirely of metal or of wood enveloped with metal, such metallic work to extend across and cover the wall and be properly secured to sheathing of roof. 657. § 37. No chimney shall be built with less than four- inch walls, and no chimney top shall be less than five feet above the roof (for flat roof) and two feet above the ridge of any pitched roof; ordinary flues in business buildings shall have four-inch walls and eight-inch jams; flues larger than 250 square inches and less than 500 square inches shall be surrounded with walls not less than eight inches thick ; the wall of such flue above the inlet funnel shall be twelve inches thick for the first fifteen feet around and above such inlet; tops of such chimneys to be at least eight feet above roof, or five feet above the highest part of main roof within fifty feet of such chimney. Flues with more than 500 and less than 800 inches area shall have not less than twelve-inch walls for the first thirty-six feet, and sixteen-inch walls opposite the inlet and ten feet above the same; top of such chimney ten feet above the roof, or seven feet above the highest part of main roof within fifty feet of such chimney. Chimneys with flues more than 800 and less than 1,800 square inches shall have surrounding walls not less than twelve inches thick to the height of forty-five feet, and shall have a four-inch lining with four-inch air space opposite the inlet funnel, the lining to com- mence four feet below the inlet and extend eight feet above the same; to have openings from flue into the air space at top and bottom of the lining; (flues having twelve-inch walls, to the height herein mentioned, may be continued with the walls not less th.an eight inches thick;) chimney tops of flues having 800 to 1,800 inches shall be built twelve feet above the main roof, and ten feet above any main roof within a radius of fifty feet; 182 GENERAL ORDINANCES OF Provided, Tliat all chimneys having walls less than eight inches thick shall be plastered on the brick or to be covered with me- tallic lath or wire cloth, before plastering. 658. § 38. The provisions of the foregoing section as to thickness of walls pertaining to chimneys, shall be a[)plicable only to such chimneys as are part of or situated in any building. Flues in party walls shall not extend beyond the center of the wall. Joint Hues in party walls shall be separated by a four- inch ‘‘ width of brick work their entire height. 659. § 39. All chimneys with flues larger than 1,800 square inches shall be disconnected from any main building, and shall be at least ten feet above the highest building within a radius of thirty feet, and in no case less than fifty feet high. 660. § 40. Proper footings and foundations of masonry shall be prepared for the support of buildings. Business buildings fronting on streets having sewers, shall have their foundations sunk at least twelve inches below the drainage, and no founda- tion shall be less than four feet below the exposed surface of the ground, and in no case shall any foundation rest on any filling or made ground. The breadths of the foundations of the sev- eral parts of any building shall be proportioned so that, as nearly as practicable, the pressure shall be equal on each square foot of the foundation. Water-lime cement mortar shall be used in the masonry of all foundations exposed to dampness. 661. § 41. In brick walls every seventh course shall be headers. All fire flues shall be smoothly plastered on the inside or have struck joints on both inside and outside. Walls shall be securely anchored to the timbers and joists resting upon them. 662. §42. Hollow walls, not bearing walls, may be used in all cases; but all hollow walls shall be bonded or tied together with incombustible anchors, placed not more than five feet apart. If used as bearing walls, the thickness shall be reckoned by their solid parts, unless either part is at least eight inches thick, and solid connections are made in u])right directions not less than twelve inches wide nor more than eight feet apart from centers. In such case two-thirds of the hollow space shall be counted THE (;ITY OE LINCOLN. 183 with the solid parts; Provided^ That in no case shall the ends of the joists or other wood work be allowed to come within four inches of the hollow space. 063. § 43. The backing of any iron front that is not wholly self-supporting shall be treated as an independent wall. If the iron wall is self-supporting, then the party wall shall be ex- tended to meet the outer thickness of iron, and all vacancies shall be filled with grout to insure a complete separation of adjoining buildings. 664. § 44. During the construction of any building, no wall shall be carried to a greater height than two stories above any other wall. 665. § 45. The weather covering of all roofs shall be made of incombustible materials. Composition roofs shall be made of not less than three-ply No. 2 felting, which shall be well cemented together, and be covered with distilled composition, and clean screened gravel, well bedded; such roofs on all build- ings that are more than two stories liigh, shall have four-ply felting, to be swept off, and have a second coating of distilled composition and similar gravel. The pitch of composition roofs shall not exceed two inches to the foot. 666. § 46. No uncovered tar, composition, resin, felt, or wood work, shall in any way be exposed on any roof or its ap- pendages. 667. § 47. Appendages to any business building above the first story, and above thirty feet from grade of sidewalk on any other building, if not wholly of incombustible material, shall be enveloped with metal; dormer windows, cornices, mouldings, balconies, bay windows, towers, spires, ventilators, etc., shall be considered as appendages. 668. § 48. All sky-lights exceeding fifty superficial feet shall have frame of sash constructed entirely of iron. Glass in all sky-lights, if not “prismatic lights,” shall be [)rotected by screens made of No. 10 (or heavier) wire, with meshes not exceeding \\ inches, such screen to be secured to the sash and kept at least four inches above the glass. 184 GENERAL ORDINANCES OF 669. § 49. All buildings shall be kept provided with proper metal lie leaders for eonducting the water from the roof to the ground, sewer, or street or alley gutter, in such manner as shall protect the walls and foundations from damage; and in no case shall the water from such leaders, or otherwise, be allowed to flow upon the sidewalks, but shall be conducted by drain pipe to the street or alley gutter or sewer. 670. § 50. All cornices, gutters, eaves, and para 2 )ets, (above the first story of business buildings, and above thirty feet from grade of sidewalk on all other buildings,) shall be made of in- combustible material. All metal cornices shall be riveted to- gether with rivets not more than two inches apart, and shall be supported by iron brackets of Jxl inch (or heavier) iron, placed not more than four feet apart, and firmly secured to the wall. The roof or covering of all cornices may be sheathed with wood, provided such sheathing shall be entirely covered with metal; or where composition roof is used, it may extend within six inches of front edge of cornice, which space of six inches shall be metal. Cornices constructed of stone shall not extend more than thirty-six inches beyond the face of the wall, and three- quarters of their weight shall be upon the wall. 671. § 51. All roofs shall be so constructed as to be reached by scuttle ; the same shall be at least 20x30 inches, the frame and lid covered with metal, and shall have a stationary ladder communicatino^ with such scuttle. 672. § 52. All business buildings being more than fifty-six feet high, covering an area of more than 5,000 superficial feet; also all buildings exceeding eighty feet in height, shall have a 2J inch (or larger) metallic standpipe within or near the front or rear wall, extending above the roof, and arranged so that en- gine hose can be attached from the street or alley. All hose couplings shall conform to the size and pattern adopted by the Fire Department, and shall have connections for hose and valve at each story. 673. § 53. All signs j)laced against any building above the sills of the second story windows, shall be made of incombusti- THE CITY OF TilNOOI.N. 185 bio materials. No wooden signs shall be more than three feet in width. 674. § 54. Piazzas or open porches shall not be inclosed ex- cept to form vestibules to entrance doors, or to protect stairways. 675. § 55. All floor beams, joists, and headers, shall be kept at least two inches clear of any wall inclosing a fire flue or chim- ney breast, and the space left between the framing and such flue shall be filled with solid gauged mortar, to be a heavy coat of plastering put on the walls of such flues before any other wood work shall be placed against it. 676. § 56. All hearths for ordinary fire places, shall rest on trimmer arches, the header kept at least eighteen inches from face of chimney breast. The backs of all fire places shall not be less than eight inches thick, all stovepipe holes to have proper thim- bles and stoppers, and kept stopped at all times when not in use. 677. § 57. Ends of joists or beams entering a brick wall shall be cut so as not to disturb the brick work by any deflection or breaking of the joists or beams. All such joists or timbers en- tering a party or division wall from opposite sides shall have at least four inches of solid brick work between the ends of such timbers or joists. 678. § 58. Joists and girders in any building shall be of ])roper dimensions to sustain the load designed to be placed upon tliem; girders may rest upon piers of brick or stone, or nj)on columns of wood or iron of proper dimensions. All floor joists shall be [)roperly bridged with cross-bridging. All headers in floor framing of business buildings that are j)laced at a greater distance than two feet from the end of a trimmer shall be fixed in proper iron stirrups. 679. § 59. Plank or board partitions in any one story shall not aggregate more than 350 superficial feet. Partitions in hotel buildings and tenement houses, made of scantling, to be lathed and plastered, shall be filled in with brick work, eight inches high, in best manner, supported by I beams or proper and safe truss when crossing rooms below. Scantling partitions shall not be em- ployed as supports of any floor or roof, (except dwelling houses.) 186 GENERAL ORDINANCES OF 680. § 60. Stairways shall not be inclosed with partitions made of plank, boards, flooring, or scantling, unless plastered on both sides. 681. § 61. In all factories, mills, or warehouses, more than three stories high and covering an area of more than 3,000 su- perficial feet, all stairway partitions shall be constructed of in- combustible materials. 682. § 62. Hoistway openings shall have trap doors (covered with metal on the under side) on all floors except where elevators are used, with sufficient guards for protection during the hours of business; and said doors shall be kept closed at all other times. 683. § 63. Hoistways in which passenger elevators shall be used shall have a fire-proof shaft started at the lowest point reached by such elevator, and from such point extended up through and six feet above the roof. 684. § 64. Doors in such shaft shall be made of metal, and the catches or fastenings upon such doors shall be so placed that they can be opened only from the inside of the shaft, and entirely under control of the elevator operator. 685. § 65. All openings not having doors shall have metallic frames filled with prismatic lights in iron frame. 686. § 66. Open passenger elevators within the well hole of an open stairway are not prohibited. 687. § 67. In case of automatic trap doors being used at each floor through which an elevator passes, which doors (being lined with metal on the under side) shall close immediately after the passage of the cab or platform of the elevator through any floor, the opening or closing of the doors being operated by the pas- sage of the cab or platform, such elevators may dispense with any shaft whatever. 688. § 68. Any scantling partition shall be regarded as incom- bustible when plastered on both sides upon iron laths, tile, or wire cloth, and filled in with brick work at least eight inches high from the floor. 689. § 69. All stores, storehouses, mills, and manufactories. THE CITY OF IJNCOLN. 187 that may hereafter be erected in Lincoln, whicli are more tlian two stories high, shall have doors, blinds, or shutters, made of li re-proof metal, on every window and entrance where the same do not open on a street, or are within fifty feet of any opposite building. When in such buildings the shutters, blinds, or doors, cannot be put on the outside, they shall be put on the inside and hung upon irpn eyes or frames independent of any wood work; shutters above the first story to be arranged so that they can be opened from the outside. Prismatic lights in iron frames shall be regarded as an equivalent to iron shutters. 690. § 70. All buildings, except such as are used for private residences exclusively, in said city of Lincoln, of three or more stories in height, shall be provided with one or more metallic ladders, or metallic fire escapes, extending from the first story to the upper stories of such building, and above the roof and on the outer walls thereof, in such location and numbers, and of such material and construction as the City Council may from time to time determine. After such determination shall have been made as aforesaid, the Chief of the Fire Department of said city may at any time, by a notice in writing served upon the owner, lessee, or occupant, of any such building by leaving with such owner, agent, lessee, or occupant, or at his or their residence or place of business, a co})y of such notice, require such owner, agent, lessee, or occupant, or either of them, to cause such metallic ladder or fire escape to be placed upon such building within thirty days after the service of such notice : Frovidedj liovsevevj That all buildings more than two stories in height, used for business purposes, shall have one metallic ladder for every twenty-five persons, or less, employed above the second story. 691. § 71. In case such owner, agent, lessee, or occupant, or either of them, so served with notice as aforesaid, shall not, within thirty days after the service of such notice upon him or them, place, or cause to be placed, such metallic ladder or fire es- cape upon such building as required by this article and the terms of sueh notice, he or they shall be subject to a fine of not less than ten nor more than one hundred dollars, and to a further 188 GENERAL ORDINANCES OF fine of fifty dollars for each week of such neglect to comply with such notice after the service of the same. G92. § 72. Tlie face of wall, pilaster, or column, of any building, above the level of its main water table, unless sucli col- umn or pilaster is merely part of any portico or window, or win- dow dressing, shall not project beyond the lot line to exceed eight inches. 693. § 73. Porticos to any building, extending through one or two stories, may have their plinths to extend four feet over the lot line, but bay or oriel windows to dwelling houses shall have the body of such window not more than three feet over the lot line, and no part of such window shall be at a less distance than eight and one-half feet above grade of sidewalk; brackets pro- jecting not more than fourteen inches to be kept seven feet above the sidewalk. 694. § 74. Smoke houses shall be constructed throughout of incombustible material, with ventilators at, or near, the top, and iron guards not less than four feet above the fire beds, sufficient to keep the meats from falling into the fire. If they open into other buildings, such openings shall be protected by iron doors or shutters, properly and thoroughly constructed, and kept closed at all times when smoking meats. 695. § 75. The egress, openings, and stairways, of theaters, or other rooms wherein crowds of people or children assemble, or wherein large numbers of employes are kept at work, shall in no case be less than five feet wide, nor aggregate in a less pro- portion than eighteen inches for each one hundred persons such theater or other room may contain or accommodate. This pro- vision to apply to the doors of each gallery or compartment of such building, as well as to the exterior openings. All doors of such buildings, or rooms, shall be made to swing outward. 696. § 76. All buildings over two stories high, used for the manufacture of combustible articles or materials, wherein more than fifty employes are kept at a time, must have at least two egress stairways, which are at least fifty feet from each other. 697. § 77. No building within the fire limits of the city of THE CITY OF EINCOEN. 189 Lincoln shall be used or occupied, in whole or in [)art, for any of the trades or occupations hereinafter mentioned, to-wit : plan- ing mills, sash, door, and blind factories, carpenter or cooper shops, wagon or carriage manufactories, cabinet and furniture factories, wood-turning and veneering works, agricultural imple- ment factories, box or shingle factories, or any other wood-work- ing factory or shop: unless such building so occupied shall have in connection with it a brick or fire-proof flue and vault, the lat- ter of sufficient capacity to contain all shavings, sawdust, chips, or other light combustible refuse, connected therewith; and all such shavings, and other light combustible refuse, shall be re- moved daily from such premises to such vault. In no event shall proprietors, owners, or lessees, of such manufactories, allow combustible refuse to accumulate upon any lot, or in any build- ing unless stored in a fire-proof vault, the doors to be kept closed when not transferring said combustibles in or out. 698. § 78. No person shall, hereafter, either as owner, lessee, or agent, use or occupy, or permit the use and occupation, of any store, factory, workshop, or other structure, where any person or persons shall be employed as workmen or workwomen, for wages, in any trade or occupation, unless every such store, fac- tory, workshop, or other structure, shall be provided with suf- ficient doors and stairways for the escape of the employes as aforesaid in event of fire or other accident, happening, under penalty of not less than twenty-five dollars for each and every offense, and the further penalty of fifty dollars for each and every day such owner, lessee, or agent shall, after the first con- viction, neglect, or refuse to comply with any provision of this section. 699. § 79. Every store, building, factory or any other struct- ure, wherein any person or persons shall be employed, above the first story thereof, in any trade or occupation, as workmen or workwomen for wages, shall contain and be provided with a good and sufficient fire-j)roof stairway for each twenty-five feet of frontage of every such store, building, factory or other structure. 700. § 80. In every factory, worksho]), or other place or 190 GENERAL ORDINANCES OF structure where machiuery is employed, the belting, shafting, gearing, elevators, and every other thing, when so located as to endanger the lives and limbs of those employed therein while in the discharge of their duties, shall be, as far as practicable, so covered and guarded as to insure against any injury to such employes. 701. § 81. Every vat, pan, or other structure, with molten metals or hot liquid, shall be surrounded with proper safeguards for preventing accidents or injury to those employed at or near them. 702. § 82. The walls and roofs, doors and windows, shall be kept in good repair, so as to keep out rain, wind, and snow. 703. § 83. Any person neglecting or refusing to comply with any of the requirements contained in the last four preceding sec- tions, after notice so to do from the Chief of the Fire Depart- ment, shall be subject to the penalty of not less than ten dollars for each such neglect or refusal, and the further penalty of twenty-five dollars for each and every day such neglect or re- fusal shall continue. 704. § 84. Hot air, hot water, steam, or other furnace, whether brick or metal, shall be kept at least ten inches, and the smoke flue at least twenty inches, off from any unprotected wood work. All furnaces shall be placed on foundations of brick or stone, with proper hearths, of incombustible material, at least thirty-six inches wide in front, and full width of the ash pit. All hot air conductors that are placed within ten inches of any wood work, shall be made double, one within another, with at least one-half inch space between the two. All hot air registers shall be set in incombustible borders not less than two inches in width; all such borders shall be firmly set in plaster of Paris; openings in floors for registers shall be lined with bright tin to receive the register boxes, the lining to be kept at lea«t one inch distant from such register box. I. C. or I. X. bright tin shall be used in the construction of all hot air flues and air append- ages. 705. § 85. The wood work of all boiler houses and boiler THE CITY OF r.INCOLN. 191 rooms shall be kept at least six feet from the boiler and four feet from the breeehing and smoke conductor, and one foot from the dome of the boiler, unless siieli wood work is properly protected with ineombnstible material, and then there shall be at least two feet space from the boiler or smoke-pipe and the protection. 706. § 86. The floors of all rooms when containing station- ary boilers shall be made of incombustible material five feet on all sides and at least eight feet in front of any boiler. 707. § 87. When portable boilers are used on wood floors of any building, such wood shall have a close protection of incom- bustible material, not less than six inches thiek, covering all the spaee under the boiler and projecting not less than two feet on the sides and rear and six feet in front, with an air chamber of not less than two inches formed in sueh projections. Hollow tiles j)roperly laid may be used for such protection. 708. § 88. No brick oven, coffee roaster, or any other brick structure to contain fire shall be permitted on a wood floor of any building. 709. § 89. No wood fence shall be constructed that exceeds six feet in height above sidewalk grade, or above surface of the ground where no grade is established. 710. § 90. Cupolas of foundries shall in all cases extend at least four feet above highest point of roof within a radius of forty feet of each cupola. 711. § 91. Steam pipes shall be kept at least two inches from all wood work, otherwise they shall be protected by a soapstone or earthen ring or tube, or rest on iron supports. 712. § 92. No pipes shall be let into the joists or beams of any floor to a greater depth than two inches, and not more than three feet from the ends of the joists or beams. 713. § 93. Wooden flag-poles are permitted to be erected on any building, but their braees and other parts, if any sueh be put on, shall be of iron. 714. § 94. Walls of any building shall be seeurely braced during process of erection. 715. § 95. The term business building’^ shall embrace all 192 GENERAL ORDINANCES OF buildings used principally for business purposes, thus including among others hotels, theaters, office buildings, churches, acade- mies, colleges, and schools. 716. § 96. The terms wholesale store’^ or storehouse,^^ shall embrace all buildings used (or intended to be used) ex- clusively for purposes of mercantile business or storage of goods. 717. § 97. A basement story of any building is defined as a story whose floor is twelve inches or more below the sidewalk, and whose height does not exceed twelve feet in the clear. All such stories that exceed twelve feet high shall be considered as first stories. 718. § 98. The heights of all buildings for the purposes of this ordinance shall be taken from the grade of the sidewalk to a point half way from the lowest to the highest point of roof. 719. § 99. Any chimney not forming a part of a wall shall rest upon the ground, with proper foundation, and in no case shall any chimney rest on or be suj)ported by frame work, beams, or posts of wood work of any description. 720. § 100. All doors in shafts of elevators shall have latches so contrived that a key shall be used to unlatch the doors from the outside, but may have a knob or handle to open the door from the inside. 721. § 101. No occupant, owner of, or contractor for, any building, or any other person, shall in any way hinder or prevent an authorized officer from entering any business building, or any other building in process of construction. 722. § 102. Iron bars shall not be driven in the roadway of any street for the purpose of attaching guy-ropes of derricks. Posts may be set up opposite any derrick for the purpose of at- taching guy-lines. Such posts shall not be less than eight inches square, of sound timber, sixteen feet long, set at least four feet into the ground. Guy ropes attached to such posts shall be kept at least four feet into the ground. Guy ropes attached to such posts shall be kept at least ten feet above the surface of the street. 723. § 103. Any work of alteration or addition made for any purpose, in, to, or upon, any building, except the necessary THE CITY OF LINCOLN. 11)3 rei)iiirs not affecting the construction of external or party walls, chimneys, stairways, or height of a huihling, shall, to the extent of such work of alteration or addition, be subject to the regula- tions of this ordinance. 724. § 104. Every theater, opera house, hall, church, or other building intended to be used for public assemblages, shall be deemed a public hall witliin the meaning of this ordinance. 725. § 105. No stairway to any public hall or part thereof shall rise more than ten feet without a platform, and no winders, wheeling, or circular steps, shall be used. Each stairway and passageway shall have a strong hand rail on each side thereof through its entire length. 726. § 106. Every public hall with accommodations for five hundred or more people shall have at least’ two separate and dis- tinct exits, to be as far apart as may be found practicable. Pub- lic halls accommodating seven hundred or more persons shall have at least three separate and distinct exits. The exits from all galleries shall be independent of and separate from the exit of the main floor. 727. § 107. In all theaters the proscenium walls shall be of brick work, not less than sixteen inches thick, extending from the ground through and four feet above the roof; this brick wall to extend entirely across the building from the floor of the stage to the ground. All openings required in any part of the wall (except principal opening) shall have proper iron doors. 728. § 108. All auditorium floors in theaters shall be fire- proofed, either by deafening the same with at least one inch of mortar, or have the under side of joist lathed with iron and plastered with at least one heavy coat of mortar. 729. § 109. All partitions for rooms or passages in theaters, if not made bodily fire-proof, shall be plastered on both sides on iron or wire lathing. 730. § 110. The preceding sections shall apply only to theaters or public halls that may hereafter be erected or rebuilt. The fol- lowing sections shall apply to theaters or public halls that are now or may hereafter be erected or constructed ; 10 194 (GENERAL ORDINANCES OF 731. § 111. All egress oj)eiiing,s in public balls shall have the word “exit’^ conspicuously placed over them, and shall otherwise conform to the requirements of section 75 of this ordinance. The aisles or passages in such halls shall at all times be kept unobstructed. 732. § 112. The term “theater^^ shall, for all purposes of this article, include all public halls containing movable scenery, or fixed scenery which is not made of metal, plaster, or other in- combustible material. 733. § 113. All materials used for- scenery shall be coated with such paint, washes, etc., as will make it, as far as possible, incombustible. 734. § 114. All theaters or other places of public amusement having a seating capacity for over five hundred persons, and hav- ing a j)latform or stage, and using drop curtains or shifting scenery, shall have a suitable ventilator placed upon the roof and o})ening to the space above the stage. Such ventilator shall be arranged with valves or shutters that can be readily opened in case of fire, so that a current of air will pass over the stage and outward through such ventilator. Any other contrivance hav- ing the same effect, and approved by the Chief of the Fire De- partment, may be used instead of the ventilator above described. 735. § 115. All such buildings shall have a water stand- ])ipe and water plug, to be placed on the stage or platform, or in its immediate vicinity, which shall be connected with the water pi[)es or street mains of the city, and shall be put in under the direction and to the satisfaction of the Chief of the Fire Depart- ment. 736. § 116. Hose shall be attached to such standpipe, of such size as may be directed by said Chief of l^ire Department, to have nozzle and stop-cock attached thereto; sucli hose shall be of sufficient length to extend to the farthest limits of such build- ing or place of amusement, and shall at all times be ke})t in good order and re})air, filled with water under pressure, and ready for immediate use. 737. § 117. All public halls with accommodations for one THE CITY OF LINCOLN. 195 thousand or more persons shall have at least one standpipe in the street or alley on the outside of building, from ground to roof, with hose attaehments elose to a window or door at each floor or gallery. 738. § 118. Such hall shall also be provided with a fire alarm telegraph apparatus, connected by the necessary wires with the headquarters of the city fire alarm telegraph, or such other place or places as the Chief of the Fire Dej)artraent shall direct. 739. § 119. It shall be the duty of all owners, agents, lessees, and occupants of such public hall to provide such fire extinguish- ing apparatus at such points about the building as the Chief of the Fire Department shall direct. 740. § 120. Any person who shall violate any of the provis- ions of this ordinance, where no other penalty is provided, shall be subject to a fine of not less than ten dollars nor exceeding one hundred dollars for each and every offense. Any builder or con- tractor who shall construct, and any architect having charge of the same who shall permit to be constructed, any building in vio- lation of this ordinance, shall be liable to the penalties provided and imposed by this section. 741. § 121. No buildings constructed of corrugated iron shall be built within the fire limits of this city, except in the rear of store buildings, on the alleys, and then only upon special permit of the City Council by a three-fourths vote. Such corrugated iron to be fastened to the uprights or posts, no sheathing to be used, and said iron to be not less than No. 22 standard corru- gated iron. g 22. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby rei)ealed. g 28. This ordinance shall take efl’cet and be in force from and after the expira- tion of one week after its pa.ssage, approval, and pulflication accordiiif? to law. I’assed Au^mst 26, A. I). 18y5. Approved Auj^mst 26, A. I). 1895. F. A. Guaiiam, Manor. Attest: J. W. Bowen, CUi/ Clerk, [seal.] 196 GENERAL ORDINANCES OF AN ORDINANCK ropTulaliiip: burials and remuvals of the dead in the city of Idncoln, prescribing; penalties for violation of the provisonsof tliis ordinance, and rcitealiiif; ordinances in conflict herewith. Be it ordained hu the Manor and Council of the Oili/ of Lincoln : Article XII. Bm'ial Permits, 742. § 1. It is hereby made the duty of‘ every undertaker, or other person, before removing any corpse for burial, to obtain from the Board of Health a permit so to do; and before obtain- ing such permit, he shall deposit with the health officer a certificate setting forth, as nearly as can be ascertained, the name, age, sex, nativity, color, occupation, whether married or single, number and street of late residence in the city, time of residence therein, place of previous residence, cause and date of death, duration of last illness, and the place and date of intended interment, which certificate shall be signed by the physician or surgeon in attend- ance at the time of death. In case a coroner’s inquest shall be held, the fact shall be stated and the coroner shall be required to certify to the fact to the Board of Health; and no sexton or other jierson shall assist in or assent to, or allow any such interment, or aid or assist about preparing any grave or place of deposit for any such body, for which permit has not been given authorizing the same. Such permit shall be delivered by the undertaker to the sexton, or any other person receiving such corpse for burial or transportation to some other place for interment, and by him returned to the health officer with the date of its receipt and the disposition of such corpse indorsed thereon. No interment shall be made at any place within the city limits, and at no place ex- cept in a regular cemetery. 743. § 2. Any person who shall violate any of the provisions of this ordinance shall, upon conviction, be fined in any sum not more than one hundred dollars. g 3. All ordinances or parts of ordinances in conflict with the provisions of this ordi- nance are hereby repealed. g 4. This ordinance shall take effect and be in force from and after the expiration of one week after its passage, approval, and publication according to law. Tassed August 26, A. D. ISflf). Approved August 26, A. I). 1895. F. A. Chaiiam, Mayor, Attest : .1. Bowen, City Clerk, [seal.] THE CITY OF LINCOLN. 1!)7 AN ()IO)lNAN(!K prescribing nnd (lefiiiing the city limits of the city of Lincoln, Lan- Ciister comity, Nebraska, and repealing ordinances in conllict with the provisions of tiiis ordinance. lie it ordained hi/ the Manor and Council of the CiLij of Lincoln: Article XIII. City Limits. 744. § 1. The corporate limits of the city of Lincoln, in the county of Lancaster, be and hereby are established and fixed as follows, that is to say : Commencing at the northwest corner of the southwest quarter of section 23, town 10 n, range 6 e of the sixth p. m. in Lancaster county, state of Nebraska, and running thence south along the section line to the se cor of the n hf ne qr of sec 27, t 10 n, r 6 e; thence west to nw cor of ne qr se qr ne qr of said sec 27 ; thence south to the sw cor of the ne qr ne qr se qr of said sec 27 ; thence west to the nw cor of the s hf nw qr se qr of said sec 27 ; thence south to the sw cor of the nw qr se qr of said sec 27 ; thence west to the nw cor of the se qr se qr of sec 28, t 10 11 , r 6 e; thence south to the sw cor of the se qr se qr of said sec 28; thence west to the nw cor of the ne qr of sec 33, t 10 n, r 6 e; thence south 740 feet; thence west 800 feet; thence nortli 740 feet to the north line of said sec 33; thence west to the nw cor of said sec 33; thence south to the sw cor of said sec 33; thence east to the se cor of said sec 33; thence north to the ne cor of the s hf se qr of said sec 33 ; thence west to the nw cor of said s hf se qr; thence nortli to a point 653 feet soutli of the center of said sec 33; thence west 660J feet; thence north to the north line of the sw qr; thence east to the center of said sec 33; thence north to the sw^cor of the nw qr iie qr; thence east to the se cor of said 11 w qr ne qr; thence north to the ne cor of said nw qr ne qr of said sec 33; thence east to the nw cor of the ne qr nw qr of sec 34, t 10, r 6 e; thence south to the sw cor of the nw qr ne qr nw qr sec 34, t 10 n, r 6 e of the sixth p. M. ; thence east to the se cor of said nw qr ne qr nw qr; thence north to the sw cor of the n hf ne qr ne qr nw qr; thence east to the se cor of the 11 hf of the ne qr ne qr nw qr; thence north to the ne cor of the 11 w qr of said sec 84; thence east to the sc cor of said sec 27; thence south to the sw cor of nw qr nw qr of sec 35, t 10 n, r 6 e; thence east to the se eor of said nw qr of the nw qr; thence 198 GENERAL ORDINANCES OF iiortli to the iie cor of said nw qr nw qr; tlience east to nw cor of the lie qr ; tiieiice south to the center of said sec 35 ; tlience west 376 J feet to the easterly line of the right of way of the Nebraska railway; thence southeasterly along said line of right of way to the west line of se qr of said see 35; thence south to the center of sec 2, t 9, r 6 e; thence east to the westerly line of the right of way of the Nebraska railway; thence northwesterly along said line of right of way to the east line of Ninth street in Fair- mont; thence north to the center of High street in Fairmont; thence east to the east line of lot 20 in Fairmont; thence south to the sw cor of lot 21 in Fairmont; thence east to the se cor of lot 22 in Fairmont; thence south to the sw cor of the nw qr of sec 1, t 9, r 6 e; thence east to the se cor of the sw qr nw qr; thence north to the ne cor of the sw qr nw qr; thence west to the se cor of w hf nw qr nw qr; thence north to the ne cor of the w hf nw qr nw qr of said sec 1 ; thence east to the se cor of lot 13 in the sw qr of sec 36, t 10, r 6 e; thence north to the ne cor of said lot 13 ; thence west to the nw cor of lot 12 in the sw qr; thence south to the sw cor of said sec 36; thence west to the sw cor of the se qr se qr of sec 35, t 10, r 6 e; thence north to the nw cor of the se qr se qr of said sec 35; thence east to the se cor of lot 5 in the se qr of sec 36, t 10, r 6 e; thence north to the nw cor of the ne qr se qr; thence east to the ne cor of the se qr of said sec 36 ; thence south to the sw cor of the nw qr sw qr of sec 31, t 10, r 7 e; thence east to the se cor of said nw qr sw qr; thence north to the ne cor of said nw qr sw qr; thence west to the secor of lot 14 in Perkins’ subdivision; thence north to the ne cor of lot 11 in Perkins’ subdivision; thence east to the se cor of the nw nw qr of said sec 31 ; thence north to ne cor of said nw qr nw qr; thence west to the nw cor of said sec 31 ; thence north to the sw cor of nw qr sw qr of sec 30, t 10, r 7 e; thence east to the nw cor of Davis’ second addition; thence south to the sw cor of said Davis’ second addition; thence east to the se cor of Davis’ second addition; thence north to the ne cor of Davis’ second addition; thence west to the se cor of Capi- tal View addition; thence north to the ne cor of Capital View addition ; thence west to the nw corner of said nw qr sw qr sec 30; thence north to.the sw cor of the nw qr of the nw qr of said sec 30; thence east to the nw cor of the e hf of the ne qr sw qr nw qr; thence south to the sw cor of said e hf ne qr sw qr nw qr; thence east to the se cor of said e hf ne qr sw qr nw qr; thence north to the sw cor of the nwqr ne qr nw qr; thence east THE CITY OF LINCOLN. 199 to the se cor of said nvv qr iie qr nw qr; thence north to the ne cor of said nvv qr ne qr nvv qr of said sec 30; thence east to the se cor of the vv hf se qr of sec 19, t 10, r 7 e ; thence north to the ne cor of svv qr ne qr; thence west to the nw cor of the sw qr ne qr ; thence north to the north line of the right of way of the B. & J\I. R. R. Co. in Nebraska; thence southwesterly along said north line of right of way to the west line of sec 18, t 10, r 7 e; thence south to the sw cor of nw qr of said sec 18; thence west to the north line of the riglitof way of the B. & M. R. R. in Nebraska; thence southwesterly along said north line of the right of way to the south line of sec 13, t 10 n, r 6 e ; thence west to the sw cor of said sec 13; thence north to the sw cor of the n hf of the nw qr of said sec 13; thence east to the se cor of the n hf nw qrof said sec; thence south to the center of said sec 13; thence east to the se cor of the ne qr of said sec 13; thence north to the ne cor of said section 13; thence west to fhe east line of Stratton’s addi- tion ; thence north along the east line of Stratton’s addition to the necor; thence west to the nw cor of said Stratton’s addition; thence north to the ne cor of the s hf of the svv qr of sec 1, t 10 n, r 6 e; thence west to the nvv cor of the s hf of the sw qr ; thence south to the swcor of said sec 1 ; thence east to the nvv cor of the e hf of the nw qr of sec 12, t 10 n, 6 e; thence south to the svv cor of said e hf nw qr sec 12; thence west to the svv cor of the nvv qr of sec 12, t 10 n, 6 e; thence north to the nw cor of said sec 12; thence west to the nvv cor of ne qr of sec 11, t 10 n, r 6 e; thence south to the center of sec 14, t 10 n, r 6 e; thence east to the nvv cor of the e hf se qr'of said sec; thence south to the svv cor of the e hf se qr of said sec 14; thence west to the nw cor of the ne qr of sec 23, t 10, r 6 e; thence south to the center of said sec 23; thence west to the place of beginning. g 2. All ordinances or parts of ordinances in conllict with the provisions of this ordinance are hereby repealed. g :i. This ordinance shall take effect and be in force from and after its passage, ap- proval, and pnhlieation according to law. Passed August 2(i, A. 1). hSUf), Ai)])roved Angust2(), A. I). 1S9.). F. A. Guaha.m, Mai/or. Attest: J. W. Bowkn, CV/// Clerk, [skal.] 200 OENERAT. ORDINANCEH OF AN ORDINANCE rej,ni]atiiig and licensing llic operating of coaclies, cabs, carts, and other vehicles for hire in the city of Lincoln, fixing the rates of hire to be paid and charged tliercfor, rc(piiring tlie postingin all vehicles used for conveyance of jms- sengers a card containing naine of owner of vehicle, nninber of license, and sec- tions 13 and 15 of this ordinance, prescribing penalties for violation of the provis- ions of this ordinance, and repealing ordinances in conflict herewith. Be it ordained by the Mayor and Councit of the City of Lincoln : Article XIV. Coaches^ Cabs, and Carts. 745. § 1. No person or persons shall hire out, keep, or use for hire or cause to be kept or used for hire, for the carrying or conveying of persons within the city of Lincoln, any hackney coach, cab, coach, omnibus, or other vehicle or vehicles, carriage or carriages, of any descriplion or name whatever, without a license so to do. 746. § 2. The Mayor is hereby authorized to license, under his hand, attested by the Clerk and the seal of the city, any per- son or persons, residents of the city, and being the owner or owners of any or either of the said vehicles, or carriages, to keep and use for hire and the conveyance of persons, any or either of said carriages or vehicles, upon every such owner executing a bond to the city of Lincoln, as hereinafter provided, and paying a license fee hereinafter fixed. 747. § 3. Before any license shall issue to any person to keep or use for hire, or drive, any hackney coach, cab, or vehi- cle, he shall execute a bond to said city in the sum of one hun- dred dollars, with sureties to be ajiproved by the Mayor, condi- tioned for the faithful observance of all ordinances of the city relating to or regulating hackmen and drivers, and all others ])ursuing like occupations. 748. § 4. It shall be the duty of the Clerk to keep a register of the names of the persons to whom each license is granted, the date when issued, the number of the license, and the description of the vehicle licensed. All licenses granted under this ordi- nance, unless sooner revoked, shall continue in force for one year. 749. § 5. Every person so licensed shall forthwith cause the THE CITY OF liINCOLN. ‘201 name of the owner and tlie number of bis license to be })lainly painted in letters at least one and a half incbes in lengib, in a conspicnons place on tbe outside of each side of tbe veliicle, and shall keep tbe same plain and distinct at all times when used, during tbe continuance of sucb license; but upon tbe ex])iration of said license (unless renewed) sucb person shall immediately cause tbe said name and number to be erased from said vehicle, and shall not allow said vehicle to be used with said name and number thereon. 750. § 6. Every hackney coach, cab, livery carriage, or other vehicle, for the conveyance of persons, (except omnibuses,) when driven or used for hire, or waiting or standing for use, on any public street or place in the night time, shall have fixed upon some conspicuous part of the outside thereof, a lighted lamp, with plain glass front and sides, with the number of the license painted on the side of each lamp, in distinct and legible figures, at least one and a half inches in length. And every such vehi- cle, which has a door or doors to the same, shall have a knob or handle upon the inside of such door or doors, by which said door or doors may be easily opened from the inside of such vehicle. All omnibuses shall, when running in the night time, have fixed in some conspicuous place in front thereof, so as to be distinctly seen from the inside and outside, a lighted lamp, with the num- ber of license distinctly painted thereon in figures of one inch and a half in length. 751. § 7. All licenses granted under this ordinance shall des- ignate the vehicle by number or name, and the owner or owners, driver or drivers, shall be severally liable for each and every violation of this ordinance by such owner or owners, or (heir driver or drivers. 752. § 8. Every driver of any such vehicle shall wear in a conspicuous place, on the outside of the breast of the coat, a metal badge, having engraved thereon the number of his license and the kind of vehicle. 753. § 9. If the owner of any vehicle, licensed as aforesaid, shall sell or dispose of the same before the expiration of the 202 GENERAL ORDINANCES OF license therefor, he shall, within five days, notify the Mayor of the said transfer, and the Mayor may transfer such license on the payment of one dollar. 754. § 10. Any person who shall keep or drive any hackney coach, cab, or other vehicle, for the conveyance of persons from place to place, within the city of Lincoln, for hire or reward, without being licensed as aforesaid, shall be liable to a fine of not more than fifty dollars for each and every offense. 755. § 11. There shall be charged and paid to the City Treas- urer, for the use of the city, on issuing the said licenses, by the parties to whom they may be granted, the following sums: 1. For all omnibuses, coaches, carriages, and other vehicles, drawn by two or more horses, or other animals, and occupying any public stand, or that shall run for the conveyance of passen- gers, for hire or reward, within the city, shall be charged for license, each, the sum of ten dollars per annum. 2. For all such vehicles, drawn by one horse, shall be charged for license, each, the sum of ten dollars: Provided, That nothing contained in this article shall be construed to include livery- stable keepers in the ordinary use of teams and carriages. 756. § 12. Any person may procure a license of the Mayor for a wheeled vehicle to carry passengers during the State Fair, in which the license is issued, by paying to the City Treasurer the sum of ten dollars. Such license shall not entitle him to haul any passengers within the city limits, excepting to and from the State Fair. 757. § 13. The prices, or rates of fare, to be asked or de- manded by the owners or drivers of hackney coaches, cabs, or other vehicles, for the conveyance of passengers for hire, shall be as follows: Where no other or different bargain is made in advance, for conveying one passenger from any railroad depot, or regular hack stand, or the office of any hack line, to any point within the city, not exceeding twelve blocks distant, twenty-five cents; for each additional twelve blocks, or parts thereof, within the city, twenty-five cents additional. Where passengers are conveyed from any place other than a regular hack stand, office THE (ni'V OE IJN(X)r.N. or hack line, or railroad depot, the fare shall, for each passenger, be twenty-live cents, for any distance not exceeding twelve blocks, and twenty-five cents for each additional twelve blocks, or part thereof, and in computing the fare in such cases the whole dis- tance traveled, from the hack stand or office from which the hack is ordered, to the place to which such passenger is conveyed, shall be included. For each piece of baggage belonging to passengers, other than a satchel or package carried in the hand, the rates above mentioned may be charged. For conveying children be- tween five and twelve years of age, one-half the above rates may be charged, but every person paying full fare may have one child under five years of age carried free; Provided, That be- tween the hours of ten o’clock p. M. and five o’clock a. m. of the following morning, double the above rates may be charged; And Provided further, That in case one or two persons shall use any such carriage for their own exclusive benefit, the owner or driver thereof may demand and receive therefor double fare. For the use of any such carriage by the hour, with one or more passengers, with the privilege of going from place to })lace, and stopping as often as may be required, for the first hour, two dol- lars, for each additional hour or part of an hour, one dollar. In all cases, when the hiring of a hackney coach, cab, or other vehicle, for the conveyance of passengers, is not at the time thereof specified to be by the hour, it shall be deemed to be by the block; and for any detention exceeding five minutes, when so working by the block, the owner or driver may demand pay at the rate of one dollar per hour. 758. § 14. The owner or driver of any licensed wheeled ve- hicle may demand and require in advance, for the eonveyance of each ])assenger from any point within the city limits, to or into the State Fair Grounds, or return, twenty-five cents, and no more : Provided, however, That in case less than four persons shall de- sire to use any vehicle as a public coach for their own exclusive benefit or accommodation, to or from the Fair Grounds, the owner or driver thereof may demand and receive therefor the sum of one dollar: Provided, T\\i\i the rates fixed in this section shall 204 GENERAL ORDINANCES OF not include persons taken from or left at their residences, or other j)lace, by special order or request, but the fare in such case shall be regulated by the block, as provided in the preceding section. 759. § 15. Whenever any package, or article of baggage, or goods of any kind, shall be left in or on any hackney coach, cab, omnibus, carriage, dray, cart, or wagon, or other licensed vehi- cle, for the conveyance of passengers, goods, or baggage; or vyhen any such package shall be left in the custody of the driver of any such vehicle,. such driver shall, upon the discovery of such package or article, forthwith deliver the same at the office of his employer; or in case such driver be the owner of any such vehi- cle, he shall deliver the said package, or goods, or other article, at the police station of the city, into the hands of the officer in charge, unless such package or article shall sooner be delivered to the owner thereof, or the order of such owner. Any neglect or refusal on the part of such driver to com23ly with the provis- ions hereof, and any violation of any clause or provision of this section, shall subject such driver to a fine of not more than ten dollars. 760. § 16. There shall be fixed in every hackney coach, cab, or other vehicle for the conveyance of passengers for hire, in such manner as can be eonveniently read by any person riding in the same, a card containing the name of the owner of said vehicle, the number of his license, and the whole of sections 13 and 15 of this ordinance, ])rinted in plain legible characters, under pen- alty of a fine of not less than five dollars for each and every violation thereof, and revocation of license. Such cards shall be printed and furnished by the City Clerk at the expense of the city. 761. § 17. All disputes as to prices or distance shall be set- tled by the Chief of Police or other member of the police force. 762. § 18. The owner or driver of any hackney coach, cab, or other vehicle for the conveyance of passengers, shall not de- mand or be entitled to receive any pay for the conveyance of any passenger unless the number of the carriage and rates of fare be conspicuously fixed in and on said vehicle, as herein provided by section 16 of this ordinance. THE CITY OF LINCOLN. 205 7()3. § 19. The owner or driver of any coach or cab, who may have demanded and received any fare in excess of what is provided for in this ordinance, shall return the excess received and be subject to a fine of not more than five dollars. 764. § 20. Every licensed owner or driver of any hackney coach or cab shall have the right to demand his fare of the per- son or persons employing him on entering his coach or cab, and may refuse to convey any person who will not comply with said demand. 765. § 21. Every owner or driver, or person having charge of any hackney coach or cab, shall, upon being requested so to do, give to any person or persons the number of his coach or cab, the names of the owner and driver thereof, and their place of abode and stable. 766. § 22. Every cart, truck, wagon, dray, or other vehicle, drawn by one or more horses, or other animals, which shall be kept, used, driven, or employed, for the transportation or con- veyance of goods, wares, merchandise, or other articles, from place to place within the city of Lincoln, for hire, wages, or pay for such transportation, shall be deemed a ^‘public cart^^ within the meaning of this ordinance, and every person who shall set up, or keep, use, or employ, any such public cart without first obtain- ing license therefor from the Mayor of said city as is hereinafter provided, shall be deemed guilty of a violation of this ordinance. 767. § 23. The City Treasurer shall require and receive for the use of the city from every person to whom the Mayor may grant a license, the following charges : 1. For all drays, carts, wagons, and other vehicles, drawn by two or more horses or other animals, shall be charged for license, each, the sum of ten dollars per annum. 2. For all drays, carts, wagons, and other vehicles drawn by one horse or other animal, shall be charged for license, each, the sum of five dollars per annum. 768. § 24. Every public cart shall have fairly painted on some conspicuous place on each side, the name of the owr.er and the number of the license therefor, in plain letters and figures at 200 GENERAL GRETNA NCER OP least two and a lialf inches lon^, and tlie driving or using of a ])nl)lic cart without its being so lettered and numbered, sliall be deemed a violation of this ordinance. 769. § 25. The owner or driver of any licensed dray or other licensed vehicle shall be entitled to demand and receive the sum of twenty-five cents for each load of not over three hundred ])ounds, and fifty cents for each load of over three hundred pounds, transported not more than one-half mile, and in addi- tion to the rates aforesaid, for each load transported over one- half mile, ten cents additional for each half mile or fraction thereof necessarily traveled beyond the first half mile of haul; ^ and for each load of household goods moved, where the dray- man loads on and takes off the load of goods, amounting to over 1,000 pounds, the sum of seventy-five cents may be charged for each half mile or part thereof. 770. § 26. Every public cart-man shall be entitled tobe])aid the legal rate allowed and provided in this ordinance immediately upon the carting or transportation of any article or thing, and it shall be lawful for any such public cart-man to retain any article or thing so carted or transported by him for which he is not so })aid his cartage, and to convey the same without delay to the police station, and he shall be entitled to the lawful rate or pay for the so conveying. All disputes or disagreements as to distance or rates of ])ay between public cart-men or public porters and j)er- sons employing them or owing for cartage or transportation, shall be determined by the Chief of Police, or any policeman. 771. § 27. No licensed owner or driver herein mentioned shall refuse to give his name on request of any persoii, or im- pose upon any person in any manner or form, or strike, threaten, insult, or otherwise abuse or ill-treat, any passenger, under any pretense whatever, or ask, take, or extort, from any ])erson, any greater price or rate of fare than herein established; and to do so shall be deemed a violation of this ordinance. 772. § 28. No driver, agent, servant, owner, or owners, of any hackney coach, enb, carriage, or other vehicle herein referred to, shall act as public porter or runner without a license for that THE crrv OF I.INCOLN. 207 purpose, or solicit passengers, except for such vehicle as he may be licensed for; and no such driver shall engage in racing with another, or drive faster than a moderate trot while passing in, along, or through any of the public streets in the city; and all such vehicles shall keep to the right when in motion and passing along any of such streets. 773. § 29. It shall be unlawful for any driver of any licensed hack, coach, or public dray, to be intoxicated while on duty as such driver, and it shall be the duty of the Chief of Police or any policeman to at once remove such driver from his vehicle. 774. § 30. That the superintendent or depot master of each railroad depot in the city of Lincoln is hereby authorized and empowered to arrange, regulate, and locate the stands or grounds to be occupied by the omnibuses, hacks, and baggage wagons, of the said city of Lincoln at said depots respectively, and that the said stands, grounds, and locations, so fixed and determined by the said superintendents or depot masters respectively, shall be the stands, grounds, and location, to be occupied by said omni- buses, hacks, and baggage wagons. 775. § 31. It shall be unlawful for any of said omnibuses, hacks, and baggage wagons, to occu})y any stand, grounds, or lo- cations, adjacent to said depot other than those designated by the said superintendents, and the driver of any such omnibus or om- nibuses, hack or hacks, baggage wagon or baggage wagons, who shall occupy any other or different stand, ground, or location, than those determined upon and designated by the said superin- tendents, or depot masters, or any person violating any of the provisions of this section, shall, on conviction thereof, be fined in any sum not exceeding ten dollars for each offense, and pay the costs of prosecution, and shall be committed until the same are paid. 776. § 32. It shall be unlawful for any drayman or coach- man, or other person having either dray or coach in charge within the limits of said city, to drive over or upon any side- walk, or to obstruct or hinder the travel upon the same, or to obstruct travel over any cross-walk or street in said city, except 208 (iRNFJlAT. ORDINANCES OF such time as shall be actually necessary to receive and discharge freight or passengers; or, while awaiting em[)loyment, to approach nearer than fifteen feet to any cross-walk. Tt shall also be un- lawful for the owner or driver of any licensed coach within said city to purposely delay, annoy, insult, or impose iu any manner upon, any passenger. 777. § 33. That no public coach shall be permitted to remain in front of any hotel or other business house for a longer period than fifteen minutes to receive and unload passengers, or for any other purpose, unless with the consent of the proprietor, owner, or lessee, of such hotel or business house: Providing^ however, This shall not apply to railroad depots. 778. § 34. Any person who shall violate any clause or pro- vision of any section of this ordinance, or who shall neglect or fail to comply with any or either of the requirements thereof, shall, on conviction, excepting as is herein otherwise provided, be fined in any sum not more than one hundred dollars. g 35. All ordinances or parts of ordinances in conflict with the pi’ovisions of this ordinance are hereby repealed. g 36. This ordinance shall take effect and he in force from and after the expiration of one week after its passage, approval, and publication according to law. Passed August 26, xV. I). 1895. xVpproved August 26, A. 1). 1895. F. Gr.viiam, Maijor. Attest : J. W. Boaven, Citu Clerk, [seal.] AN ORDINxVNCE regulating the sale of coal in the city of Lincoln, establishing a standard of Aveight to bo Aised in the sale thereof, providing for weighing of coal oJi city scales under certain circninstances, i^rcscribing ])enallies for violation of the provisions of this ordinance, and repealing ordinances in conflict herewith. Be if ordained hij the Mai/or and Council of the Cihj (f Lincoln : Article XV. Coal. 779. § 1. Iu the sale of coal, the hundred weight shall con- sist of one hundred pounds avoirdupois, and twenty such hun- dred weight shall constitute a ton. 780. § 2. Any person or persons engaged in the business of selling coal in the city of Lincoln, to be delivered iu said city, shall deliver to the purchaser at the time of the delivery of the TTIE CITY OF TJNCOLN. 200 pmvhased, a certificate sliowiiig the weight of the coal so delivered, and tlie weight of the wagon or cart. 781. § 3. Any person violating any of the provisions of this ordinance, or wlio shall deliver to any purchaser a less quan- tity than two thousand pounds of coal for each ton purchased, (or a proportionate amount for any part of a ton,) or who shall practice any fraud or deceit in the sale or delivery of any coal purchased, to be delivered in said city as aforesaid, shall, upon conviction, be fined in a sum of not less than twenty dollars, nor more than fifty dollars, for each offense; and it is hereby made the duty of every driver of any coal wagon or cart to drive said wagon or cart upon the city scales and have the same weighed with and without the load, whenever requested by the purchaser, the expense of said weighing to be paid by said purchaser if the weights in said certificate are found correct, otherwise to be paid by the dealer. ? 4. All ordinances or parts of ordinances in conflict with the provisions of this ordiiianee are hereby rci)ealed. g 5. This ordinance shall take etlect and ))e in force from and after the expiration of one week after its passage, approval, and pu))lication according to law. I’assed Angnst 2(), A. 1). IStt.'). Aj)i)roved August 2(), A. I). 1895. F. A. Ohaiiam, .l/n//or. Attest : J. \V. Bowen, CVh/ (Jlerk. [skal.J AN ORDINANCE regulating the carrying of concealed wea])ons in llie city of Lincoln, prohilnting the carrying of the same save under certain eomlitions, i>rescriliing j)enalties for violation ol the i)rovisions of this orilinance, and rei)ealing ordinances in conflict herewith. He if ordained hi/ Hie Maijor and Conncil of (he (Jilij of Lincoln : Article XVI. Concealed Weapons. 782. § 1. It shall be unlawful for any person within said city to carry about the ]ierson any concealed pistol, revolver, dirk, bowie knife, billy, sling-shot, metal knuckles, or Other danger- ous or deadly weapons of any kind, excejiting only officers of the law in the discharge of their duties; and any jierson so offend- ing shall be deemed guilty of a misdemeanor, and on conviction thereof shall be subject to the penalty hereinafter provided. 210 GENERAL ORDINANCES OF 783. § 2. Any such weaj)on or weapons, duly adjudged by the Police Judge of said city to have been worn or carried by any person, in violation of the first section of this ordinance, shall be so forfeited or confiscated to the said city of Lincoln, and shall be so adjudged. 784. § 3. Any policeman of the city of Lincoln may within the limits of said city without warrant arrest any person or per- sons whom such policeman may find in the act of carrying or wearing under their clothes or concealed about their person, any pistol, or revolver, slung shot, or cross-knuckles, or knuckles of lead, brass or other metal, or bowie knife, dirk knife, or dirk, or dagger, or any other dangerous or deadly weapon, and detain him, her, or them, in the city jail until a warrant can be pro- cured. 785. § 4. Any person or persons violating any of the pro- visions of the first section of this ordinance, shall, upon convic- tion, pay a fine of not more than one hundred dollars, and be committed until such fine and costs are paid. 786. § 5. The prohibitions of this ordinance shall not apply, to the officers or members of the police force of the city when on duty, nor to any officer of any court whose duty may be to serve warrants or to make arrests, nor to persons whose business or occupation may seem to require the carrying of weapons for their protection, and who shall have obtained from the Mayor a license so to do. 787. § 6. The Mayor may grant to so many and such per- sons as he may think proper, licenses to carry concealed weapons, and may revoke any and all of such licenses at his pleasure. Every such license shall state the name, age, occupation, and residence, of the person to whom granted, and shall be good for one year. A fee of fifty cents shall be paid therefor to the City Treasurer, and by him placed in the police fund. § 7, All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. g 8. This ordinance shall take effect and be in force from and after the expiration of one week after its passage, approval, and i^nblication according to law. I’assed August 2(5, A. 1). 1895. Ap])roved August 20, A. 1). 1895. F. A. (TlJAitAM, Maijor. Attest: J. W. Bowen, CHy Clerk, [seal.] THE CITY OF LTNCOr.N. 211 AN ()lvl)lNAN(M<] to fix the num1)cr of hours to constitute a day’s lai)or for mechanics and laborers in tlie enii)loy of the city of lAneoln, or engaged upon works of pub- lic improvement in and for said city. lU it ordained bij the Mai/or and Conne.it of the Citu of Lineoln : Article XVII. Day Labor. 788. § 1. That eight hours shall constitute a day^s labor for mechanics and laborers doing work for the city of Lincoln. 789. § 2. That hereafter when any work is done for the city of Lincoln under or by virtue of any contract with any person or persons, company or companies, or corporations for said city of Lincoln, there shall be inserted in said contract a provision, ^^That for all work done under said contract, eight hours shall constitute a day’s labor.” g 8. This ordinance shall take effect and he in force from and after its passage, ap- proval, and puhlication according to law. Passed August 26, A. D. 1895. Apiwoved August 20, A. D. 1895. F. A. Guaiiam, Mayor. Attest ; J. W. Bowen, City Clerk, [seal.] AN ORDINANCE to provide for registration of deaths in the (uty of Lincoln, fixing the duties of physicians and professional advisers in regard thereto, prescribing penal- ties for violation of the provisions of this ordinance, and repealing ordinances in conflict herewith. Be it ordained by the Mayor and Council of the City of Lincoln : Article XVIIL Deaths. 790. § 1. Every physician and professional adviser who has attended any person at a last illness, or has been present by re- quest at the death of any person in this city, shall make and keep a registry of such death, stating the cause thereof, and specifying the date, hour, place, street and number, of such death. 791. § 2. It is hereby made the duty of every person men- tioned in the last preceding section (required to make or keep such registry) to file with the health officer a written report, by him signed, of all the facts in said register required to be entered 212 genp:ral ordinances of (luring tlie first week of the months of January, April, July, and October, of each year, of all entries made during the preceding three months. 792. § 3. Any j)erson who shall fail to register as required by this ordinance, or who shall fail to make the report herein required within one week after the same is re(|uired to be made, shall, upon conviction, be fined in any sum not exceeding one hundred dollars. ^ 1. All ordinances or parts of ordinances in conflict with the provisions of this ordinance ai’e hereby repealed. . g 5. This ordinance shall take effect and be in force from and after the expiration of one week after its passage, approval, and publication according to law. Passed August 26, A. O. ].sy5. Approved August 26, A. D. 1895. F. A. Ghaham, Mayor. Attest: J. W. IlowEN, City Clerk, [seal.] AN ORDINANCE leving a tax ux)on all animals of the dog kind in the city of Lincoln, ])roviding for the collection of the .same, regulating the running at large of said animals in said city, establishing a public i»ound, providing for the imx)Oiinding of such animals at certain times and under certain circumstances, providing for exe- cution of such animals under certain circum.stances, prescribing {tenalties for vio- lation of the provisions of this ordinance, and repealing ordinances in conflict herewith. Be it ordained by the Mayor and, Council of the City of Lincoln : Article XIX. Dogs. 793. § 1. That there be and is hereby levied upon each ani- mal of the dog kind over six months of age in the city of Lin- coln an annual tax of one dollar (|1.00), provided the same is voluntarily paid by owner, but if dog is brought to the pound the tax shall be one dollar and fifty cents ($1.50), to be placed in special police fund. Said tax shall become due upon the first day of January of each year and delinquent upon the first day of February of each year. And it is hereby made the duty of every person owning or harboring any animal of the dog kind within the city of Lincoln to report the same to the City Tieas- urer and to have the same listed and numbered. 794. § 2. Upon the jiayment of said tax the Treasurer shall issue to the person paying the same a metal check for each dog upon which tax is paid, which check shall be marked and num- THE CITY OF LINCOLN. 213 bered with the year for which said tax is paid and the number corresponding with the number of such dog on the tax list. 795. § 3. It shall be unlawful for any person owning or har- boring any animal of the dog kind, to suffer or permit such ani- mal to run at large without a substantial collar of leather or other durable material, to which shall be attached the check herein above referred to; and it shall be unlawful for any such person to suffer or permit such animal to wear any other check than the identical one issued for it by the City Treasurer. In case of loss a duplicate check will be issued by the Treasurer at the expense of the applicant, not to exceed twenty-five cents. 796. § 4. That it shall be unlawful for any person to re- move either the collar or check from any animal of the dog kind, except upon consent or order of owner or [)erson paying said tax. And it shall be unlawful for any person to steal any such animal upon which such tax has been paid, to kill any such animal with- out the consent of the owner, unless such animal be suffering from or has been exposed to hydrophobia. 797. § 5. The Mayor shall provide a pound, wherein he shall cause to be impounded all animals of the dog kind that may at any time hereafter be found running at large without wearing the check herein above referred to. The Mayor may when nec- essary employ a poundmaster, with authority to arrest under the provisions of this ordinance, or, when convenient, designate and detail some one of the })olice to take charge of the pound, with like authority. 798. § 6. It shall be lawful only for such ])ersons as shall be authorized by the Mayor to take up and arrest any and all ani- mals of the dog kind that may be found running at large, wdthin said city, without wearing the check herein described, or upon which the said tax has not been paid; Provldedj That the ani- mal is taken forthwith to the pound ; and for each animal over six months old so arrested and delivered at the pound, the party delivering it shall be entitled to receive the sum of twenty-five cents, payable by the City Treasurer. 799. § 7, No animal of the dog kind shall be allowed or 214 GENERAL ORDINANCES OF permitted to run at large, within tlie limits of the city of Lin- coln, between the first day of June and the first day of October of each year, unless the same be securely muzzled, with a wire muzzle, fastened on with leather strap or chain. And it shall be lawful for any policeman or other person authorized by the Mayor to seize and capture any such unmuzzled dog, whether the tax on said dog be paid or not, and take the same to the pound, to be disposed of as j^rovided by section 8 of this ordinance. 800. § 8. That all animals so imj)ounded may be released from the pound by the owner making demand therefor from the poundrnaster or other person having charge thereof, proving ownership and paying the tax herein levied, together with a pen- alty of fifty cents additional. If not called for or claimed within forty-eight hours after being received in the pound, such animal shall be put to death; or if the animal is worthy and valuable, it shall be sold at public auction to the highest bidder at 2 o’clock p. M. of the day next succeeding the forty-eight hour term : Pro- videdj That no animal shall be sold for less than the amount of the tax and penalty. 801. § 9. All moneys received by the poundrnaster, or person having charge tlmreof, shall be paid to the City Treasurer, and by him placed *111 special police fund, and the poundrnaster, or such other person, shall make monthly reports under oath to the Council of all animals so received by him, the disposition thereof, and of all moneys received, and of such other matters as the Council may require. The provisions of this article shall not apply to dogs owned by non-residents remaining temporarily or passing through the city, or to dogs brought into this city for exhibition. 802. § 10. Any person who has paid a dog tax under the existing ordinances of the city shall not be required to pay any further tax for the same dog until January 1, 1896, and the dog so paid for shall receive the same protection under this ordinance as it would be entitled to under the ordinance hereby repealed. All other provisions of this ordinance shall apply the same to such dog, or dogs taxed under this ordinance. THE CITY OF I.INCOEN. 215 803. § 11. Any person who shall own or harbor any animal ()f‘ the (log kind in the city of Ijincoln after the first day of Feb- ruary each year without p^iying the tax as herein provided, or who shall violate any of the provisions of this ordinance, shall, upon conviction, be fined in any sum not exceeding one hundred dollars, and stand committed until such fine and the costs of prosecution are paid. ? 12. All onlinances or ])arts of ordinances in conflict with the provisions of this or- dinance are hereby rei)ealed. g 12. This ordinance shall take effect and be in foree from and after the expiration of oiie week after its passage, approval, and publication according to law. Passed An,gnst2G, A. D. 18‘J5. Approved August 2(), A. D. 1895. F. A. Graham, Mayor. Attest: J. W. Bowen, City Clerk, [seal.] AN ORDINANCE providing for eleetionsin tlie city of Lincoln, regulating the manner of holding the same, defining the d st 78.50 78 . 50 West curb of 21th st 73.25 73.25 East eurb of 24th st 73.00 73.00 West curb of 25th st 71.. 50 71.50 East eurb of 25th st 71 .00 71.00 West curb of 26th st 75.00 75.00 East curb of 26th st , 75.. 50 75.. 50 West curb of 27th st 71. .50 71.75 East curb of 27th st 71.50 71.75 935. g 6.— Grade of E St. West curb of 6th st 55.00 55.00 East curb of 6th st 55 . 50 55.. 50 West curb of 8th st 70.50 71.00 East curb of sth st 70.. 50 71.00 West curb of 9th st 72.50 72.50 East curb of 9th st 73.00 73.00 West curb of 10th .st 74.50 74.50 East curb of loth st 74.. 50 74.. 50 West curb of 11th st 71.00 71.00 East curb of 11th st , 71 .50 71.. 50 West curb of 12th st , 73.. 50 73.50 East curb of 12th st 73.80 73.80 West eurb of 13lh st 75.80 75.80 East curb of 13th st , 76.10 76.10 West curb of 14th st , 77.10 77.10 East curb of 14th st 77.40 77.40 West curb of 15th st , 78.10 78.40 East curb of 15th st 78.80 78.80 West curb of 16th st 79.80 79.80 °'2 W^’ Scfc East curb of 16th st 80.20 80.20 West curb of 17th st 84.00 84.00 East eurb of 17th st 84.50 84.50 West curl) of 18tli st 89.00 89.00 East curl) of 18th st 89.50 89.50 West curb of 19tli st 95.50 95.50 East eurb of 19th st 96.00 96.00 West curb of 20t]i st 105.00 105.00 East curb of 20th st 105.00 105.00 West curb of 21st st 86.50 86.50 E.'ist curb of 21st st 85.50 85.50 West curb of 22d st 73.50 73.50 East curb of 22d st 73.00 73.00 West curb of 23d st 68.50 68.50 East curb of 23d st 68.00 68.00 West curb of 24th st 64.00 64.00 East curb of 24th st 63.50 63.50 West curb of 25th st 66.00 66.00 East curb of 25th st 66.50 66.50 We.st curb of 26th st 69.00 69.00 East curb of 26th st 69.25 69.25 West curb of 27th st 72. .50 72.25 East curb of 27th st 72.50 72.25 West curb of 28th st 74. .50 74.00 East curb of 28th st 74.50 74.00 West curb of Ulysses ave.... 76.30 76.00 East curb of Ulysses ave. ... 76.30 76.00 West curb of 30th st 77.50 77.00 East curb of 30th st 77.50 77.00 936. g 7 .— Grade of F St. West curb of 6th st 53.50 53.50 East curb of 0th st 54.00 54.00 West curb of 7th st 63.00 63.00 East curb of 7th st 63.50 63.50 West curb of 8th st 69.00 69.00 East curb of 8ih i-t 69.50 69.50 West curb of 9th st 67.00 67.00 East curb of 9th st 67.50 67.50 West ciirb of lOih st 68.50 68.50 East curb of 10th st 69.00 69.00 West curb of 11th st 70.00 70.00 East curb of 11th st 70.50 70.50 West curb of 12th st 74.00 74.00 East curb of 12th st 74.50 74.50 West curb of 13th st 76.00 76.00 East curb of 13th st 76.50 76.50 West curb of 14th st 78.00 78.00 East curb of 14th st 78.50 78.50 IVest curb of 15th st 80.00 80.00 East curb of 15th st 80.50 80.50 We.st curb of 16th st 83 00 83.00 East curb of 16th st 83.50 83.50 West curb of 17th st 87.00 87.00 East curb of 17th st 87.00 87.00 West curb of 18th st 85.00 85.50 East curb of 18tti st 85.00 85.50 IVest curb of 19th st 89.00 89.00 East curb of 19th st 89.50 89.50 IVest curb of 20th st 91 .00 91.00 East curb of 20th st 90.50 90.50 West curb of 21st st 71.50 71.50 East curb of 21st st 71.00 71.00 West curb of 22d st 70.00 70.50 East curb of 22d st 70.00 70.50 West curb of 28th st 76.00 75.50 East curb of 28th st 76.00 75.50 West curb of Ulysses ave.... 77.60 77.30 East curb of Ulysses ave.... 77 60 77 30 THE CITY OF LINCOLN. 255 0'S S-l V I" > ^ Mm West curb of 301h st 79.00 79.00 East curb of 30th st 79.50 79.50 937. g 8.— G RA DE OF G St. West curb of 6th st 52.50 East curb of 6tli st 53.00 53.00 West ciu-b of 7th st 00.00 60.00 East curb of 7th st 00.50 60.50 West curb of 8th st 63.00 63.00 East curb of 8th st 63.50 63.50 West curb of 9th st 64.50 64.50 East curb of 9th st 05.00 65.00 West curb of 10th st 72.00 72.00 East curb of 10th st 72.50 72.50 West curb of 11th st 74.00 74.00 East curb of 11th st 74.50 74.50 West curb of 12th st 76.00 76.00 East curb of 12th st 76.50 76.50 West curb of 13th st 78.50 78.50 East curb of 13th st 79.00 79.00 West curb of 14tli st 81.00 81.00 East curb of 14th st 81.50 81.50 West curb of 15th st 84.50 84.50 East curb of 15th st 85.00 85.00 West curb of 16th st 87.50 87.50 East curb of 10th st 88.00 88.00 Midway bet. 10th & 17th sts. 91.50 91.50 West curb of 17th st 89.00 88.50 East curb of 17th st 89.00 88.50 West curb of 18th st 82.50 82.50 East curb of 18th st 82.00 82.00 At a point 350 ft. east of 18th 84.00 84.00 West curb of Fitzgerald ave. 73.00 73.00 East curb of Fitzgerald ave. 72.00 72.00 West curb of 21st st 69.25 69.25 East curb of 21st st 69.00 69.00 West curb of 22d st 68.25 68.50 East curb of 22d st 68.25 68.50 938. g 9 .— Grade of H St. West curb of Otii st 51.00 51.00 East curb of 0th st 51 .50 51.50 West curb of 7th st 57.00 57.00 East curb of 7th st 57.50 57.50 West curb of 8th st 64.00 64.00 East curb of 8th st 64.50 64.50 West curb of 9th st 72.00 72.00 East curb of 9th st 72.50 72.50 West curb of 10th st 78.00 78.00 East curb of lOtli st 78.50 78.50 West curb of lltli st 79.50 79.50 East curb of 11th st 80.00 80.00 West curb of 12th st 82.50 82.50 East curb of Pith st 83.00 83.00 West curb of 13th st 85 . 50 85.50 Plast curb of 13th st 86.00 86.00 West curb of 14th st 88.00 88.00 Elast curb of 14tli st 88.50 88.50 West curb of 15th st 91 .00 91 .00 East curb of 15th st 91 .50 91.50 West curb of 16th st 94.00 91.00 Plast curb of lOtli st 91.00 94.00 West curb of 17th st 92.00 92.00 East curb of 17th st 92.00 92.00 West curb of 21st st 66.50 66 .75 Elast curb of 21st st 00.50 66.75 West curb of 25th st 70.00 70.00 East curb of 25th st 70.50 70.50 West curb of 2Gth st 73.00 73.00 o-t W 'A W c/J Ecast curb of 2Gth st 73. GO 73.50 West curb of 27tli st 70.50 70.50 East curb of 27th st 77.00 77.00 939. g 10 .— Grade of J St. West curb of 0th st .50.00 50.00 East curb of 0th st 50.50 50.50 West curb of 7th st 03.50 03.50 East curb of 7th st 04.00 64.00 West curb of 8th st 71.50 71.50 East curb of 8th st 72.00 72.00 West curb of 9th st 70.00 76.00 East curb of 9th st 76.00 76.00 West curb of 10th st 81.00 81.00 East curb of 10th st 81.00 81.00 We.st curb of 11th st 84.00 83.50 East curb of 11th st 84.00 83.50 West curb of 12th st 87.00 87.00 East curb of r2th st 87.50 87.50 West curb of 13th st 89.00 89.00 East curb of 13th st 89.00 89.00 West curb of 14th st 91.00 91.00 East curb of 14th st 91.50 91.50 West curb of 10th st 93.00 93.00 East curb of 10th st 93.00 93.00 West curb of 17th st 88.50 89.00 East curb of 17th st 88.00 88.00 West curb of 18th st 79.00 79.00 East curb of 18th st 78.50 78.50 West curb of 19th st (>7.00 67.00 East curb of lOth st 60.50 66.50 West curb of 20th st 63.80 64.00 East curb of 20th st 63.80 64.00 West curb of 21st st 05.00 65.00 East curb of 21st st 05.25 65.25 West curb of Antelope st... 67.00 67.00 East curb of Anteloi)e st... 67.50 67.50 West curb of 25th st 75.00 East curb of 25th st 75.50 West curb of Evergreen st... 75.00 East ciirb of Evergreen st... 75.50 West curb of 20th st 77.00 77.00 East curb of 20th st 77.50 77.50 West curb of 27th st 81 .50 81.50 East curb of 27th st 82.00 82.00 940. g 11 .— Grade OF K St. West curb of 0th st 51.50 51.50 East curb of 0th st 52.00 52.00 West curb of 7th st 55.00 55.00 East curb of 7th st 55.50 55.50 West curb of 8th st 63.00 63.50 East curb of 8th st 03.00 63.50 West curb of 9tli st 71.50 72.00 East curb of 9th st 71.50 72 00 West curb of 10th st 80.00 80.50 East curb of 10th st 80.00 80.50 West curb of 11th st 81.50 82.00 East curb of 11th st 81.50 82.00 West curb of 12th st 85.00 85.50 East curb of 12th st 85.00 85.50 West curb of 13th st 81.00 84.50 East curb of 13th st 84.00 81.50 West curb of 14th st 87.00 87.50 East curb of 14th st 87.00 87.50 West curb of 15th st 92.00 92.00 East curb of 15th st 92.00 92.00 West curb of 16th st 88.00 88 50 East curb of 10th st 88.00 88.50 256 GENERAL ORDINANCES OF ^ pO ^ /-C °'2 S??; S:c West curb of 17th st 82.50 88.00 East curb of 17th st 82.50 88.00 West curb of 18th st 78.00 78.00 East curb of I8th st 77.50 77.50 West curb of 19th st 64.50 64.50 East curb of 19th st 64.00 64.00 West curb of 20th st 62.60 62.80 East curb of 20th st 62.60 62.80 West curb of 2lst st 64.00 64.00 East curb of 21st st 64.25 65.25 West curb of 26th st 80.00 79.50 East curb of 26th st 80.00 79.50 West curb of 27th st 86.50 86.50 East curb of 27th st 87.00 87.00 941. § 12.— Grade of L St. West curb of 6th st 49.50 49.50 East curb of 6th st 50.00 50.00 West curb of 7th st 51.00 51.00 East curb of 7th st 51.50 51.50 West curb of 8th st 54.00 54.00 East curb of 8th st 54.50 54.. 50 West curb of 9th st 67.00 67.. 50 East curb of 9th st 67.00 67 50 West curbof 10th st 74.00 74. .50 East curbof 10th st 74.00 74.50 West curb of 11th st 76.00 76.50 East curbof 11th st 76.00 76. .50 West curb of 12th st 77.00 77.50 East curbof 12th st 77.00 77.50 West curb of 13th st 78.00 78.. 50 East curb of 13th st 78.00 78.50 West curb of 14th st 79.00 79.50 East curb of 14th st 79.00 79.. 50 West curb of 15th st 80.50 81.00 East curb of 15th st 80. .50 81 .00 West curb of 16th st 82.00 82.50 East curb of 16th st 82.00 82.. 50 West curb of 17th st 78.00 78.50 East curb of 17th st 78.00 78. .50 West curb of 18th st 79.00 79.. 50 East curb of 18th st 79.00 79.. 50 West curb of 19th st 65.50 66.00 East curb of 19th st 65.60 65.90 West curb of 20th st 61.40 61.60 East curb of 20 th st 61.40 61.60 West curb of 21st st 62.70 63.00 East curbof 21st st 62.70 63.00 West curb of 26th st 82.00 81 ..50 East curb of 26th st 82.00 81.. 50 West curb of 27th st 92.00 91.50 East curb of 27th st 90.00 89.50 942. §13.— Grade OF M St. West curb of 6th st 46.. 50 46.. 50 East curb of 6th st 47.00 47.00 West curb of 7th st 48.20 48.20 East curb of 7th st 48.. 50 48.50 West curb of 8th st 51.50 51.50 East curb of 8th st 52.00 52.00 West curb of 9th st 58.50 58.50 East curb of 9th st 59.00 59.00 West curb of 10th st 67.50 68.00 East curb of 10th .st 67.50 68.00 West curb of 11th st 71.00 71.50 East curb of 11th st 71.00 71.50 West curb of 12th st 72. .50 73.00 East curb of 12lh st 72. .50 73.00 West curb of 13th st 73.50 74.00 'S'g o-^ > East curb of 13th st ... 73.50 74.00 West curb of 14th st .... 74.. 50 75.00 East curb of 14th st ,... 74.50 75.00 West curb of 15th st .... 75.00 75.50 East curb of 15th st ... 75.00 75-50 West curb of 16th st .... 76. .50 77.00 East curb of 16th st ... 76. .50 77.00 West curb of 17th st .... 73. .50 74.00 East curb of 17th st ... 73.. 50 74.00 West curb of 18th st 73.00 East curb of 18th st 73.00 West curb of 19th st ... 62.00 62.50 East curb of 19th st ... 62.30 62.60 West curb of 20th st ... 60.20 60.40 East curb of 20th st ... 60.20 60.40 West curb of 21st st ... 61.40 61.80 East curb of 21st st ... 61.40 61.80 943. § 14.— Grade of N St. West curb of 6th st ,... 47.60 47.60 East curb of 6th st ... 48.00 48.00 West curb of 7th st ... 49.95 50.17 East curb of 7th st ... 49.95 49.75 West curb of 8th st ... 51.00 51.00 East curb of 8th st ... 51.50 51.. 50 West curb of 9th st ... 59.50 60.33 East curb of 9th st ... 60.00 60.83 West curb of lOch st 68. 7o East curb of 10th st ... 69.20 69.20 West curb of 11th st ... 68.00 68.00 East curb of llth st ... 67.40 67.40 West curb of 12th st ... 69.20 69.20 East curb of 12th st ... 69.60 69.60 West curb of 13th st ... 70.40 70.40 East curb of 13th st ... 70.80 70.80 West curb of 14th st ... 71.60 71.60 East curb of llth st ... 71.50 72.00 West curb of 15th st ... 72.80 72.80 East curb of 15th st ... 72.60 72.60 West curb of 16th st ... 73.00 73.40 East curb of 16th st ... 73.00 73.40 West curb of 17th st ... 71.50 71.50 East curb of 17th st ... 71.00 71.00 West curb of 18th st ... 69.00 69.00 East curb of 18th st ... 68.50 68.50 West curb of 19th st ... 61 .00 61.00 East curb of 19th st ... 60.50 60.50 West curb of 20th st ... 59.50 59.50 East curb of 20th st ... 59.30 59.30 West curb of 21st st ... 58.00 58.30 East curb of 21st st ... 58.00 58.30 W'est curb of 23d st ... 61.80 61.80 East curb of 23d at ... 62.10 62.10 At 400 feet east of 23d st... ... 66.00 66.00 West curb of 2.5th st ... 75.50 75.50 East curb of 25th st ... 76.50 76.50 West curb of 26th st ... 90.50 90.50 East curb of 26th st ... 91.50 91.50 West curb of 27th st ...105.50 105.50 944. § 15.— Grade of 0 St. East curb of 4th st ... 46.50 46.50 West curb of .5th st ... 48.00 48.00 East curb of 5th st ... 48.50 48.50 West curb of 6th st ... 49. .50 49.50 East curb of 6th st ... .50.00 50.00 West curb of 7th st ... 52.00 52.00 East curb of 7th st ... 52.39 52.00 West curb of 8th st ... 56. .50 56.50 thp: CITY OF LINCOI.N. 257 ‘*-1 ^ Om o.g oiz >5 Wcri Wyj East curb of 8th st . 58.00 57.00 East curb of 11th st 72 60 72 20 At east curb of alley .. 64.21 West curb of 12tli st 69.20 68.80 West curb of 9th st .. 71.00 70.. 50 East curb of 12th st 69.20 68.. SO East curb of 9th st . 71.00 70.. 50 West curb of 18th st (i8.10 (.7.90 West curb of 10th st . 74.00 78.50 East curb of 18th st 68.10 67.90 East curb of 10th st . 74.00 78.. 50 West curb of 14th st 68.70 68.70 West curb of 11th st . 69.00 68.00 East curb of 14th st 69.00 69.00 East curb of 11th st . 70.00 68.00 Midway between 14th and West curb of r2th st . 66.00 66.00 16th sts 68.00 68.00 East curb of 12th st . 66.00 66.00 West curb of 16th st 78.00 72.. 50 West curb of 18th st . 67.00 67.00 East curb of 16th st 7.:. 00 72.. 50 East curb of 18th st . 67.30 67.30 West curb of 17th st 69.00 69.00 West curb of 14th st . 68.30 68.30 East curb of 17th st 68.. 50 68.. 50 East curb of 14th st . 68.60 68.60 West curb of 18th st 65.50 65.50 West curb of 15th st . 69.60 69.60 East curb of 18th st 65.00 65.00 East curb of 15th st . 70.00 70.00 West curb of 19th st 59.50 60.00 West curb of lOth st . 71.00 71.00 East curb of 19th st 59.50 60.00 East curb of 16th st . 71.30 71.30 West curb of 20th st 55.90 56 . 80 West curb of 17th st . 70.00 70.00 East curb of 20th st 55.90 56.80 East curb of 17th st . 69.50 69.50 West curb of 21st st .57.00 .57.50 West curb of 18th st . 67.50 67.50 East curb of 21st st .57.00 57.50 East curb of 18th st . 67.00 67.00 West curb of 22d st 58.80 59.80 West ciirb of 19th st . 64.50 64.50 East curb of 22d st 58.80 59.30 East curb of 19th st . 64.00 64.00 West curb of 28d st 60.80 61.30 West curb of 20th st 58.00 58.50 East curb of 2.td st 60. ."0 61.80 East curb of 20th st . 58.00 58.. 50 West curb of 24th st 66.50 66.00 West curb of 21st st . 58.50 59.00 East curb of 24th st 66.50 66.00 East curb of 21st st . 58.50 59.00 West curb of 25th st 79.00 79.00 West curb of 22cl st . 60.50 60.. 50 East curb of 25th st 79.50 79.50 East curb of 22d st . 61.00 61.00 West curb of 26th st 88.00 88.00 West curb of 23d st . 68.00 62.80 East curb of 26th st 88.50 88.50 East curb of 28d st . 63.40 68.20 West curb of 27th st 85.75 86.25 West curb of 24th st . 07.00 67.00 East curb of 27th st 85.75 86.25 East curb of 24th st . 68.00 68.00 West curb of 28th st 87.00 87.00 West curb of 25th st . 76.. 50 76.. 50 East curb of 28th st 87.. 50 87.50 East curb of 25th st . 77.. 50 77.50 West curb of 29th st 91.. 50 91.50 West curb of 26th st . 91. .50 91.. 50 East curb of 29th st 92.00 92.00 East curb of 26th st . 92.00 92.00 West curb of 30th st 108.. 50 108.50 West curb of 27th st . 96.. 50 96.. 50 East curb of 30th st 101.00 104.00 East curb of 27th st . 97.00 97.00 West curb of 31st st 108.. 50 108.50 At a point midway between East curb of 31st st 109.00 109.00 27th and 28th . 98.. 50 98.. 50 West curb of 82d st 114.00 114.00 West curb of 28th st . 97.00 97.. 50 East curb of 32d st 114. .50 114.50 East curb of 28th st . 96.. 50 97.00 West curb of 29th st . 91.80 95.20 946. 217.— Or A OE OF Q St. East curb of 29th st . 94.80 95.20 East curb of 7th st 52 00 58.80 West curb of 80th st. south. 108.00 West curl) of 8tli st 62.00 62.00 East curb of 80th st. south., 101.00 East curb of 8th st 68.00 68.00 West curb of 80th st. north. dio.’oo West curb of 9th st 78.. 50 74.00 East curb of 80th st. north. .Ill .00 East curb of 9th st 78.. 50 74 .00 At a point seven ty-hve leet West curb of 10th st 78.00 78.00 east of east curb of 80lh East curb of 10th st 78.00 78.00 st. north .114.00 West curb of 11th st 74.20 73.80 West curb of 31st st .117.80 117.00 East curb of 11th st 74.20 78.80 East curb of 21st st 117.60 117.30 West curb of 12th st 70.60 70.20 West curb of 32d st 119.00 East curb of 12th st 70.60 70.20 East curb of 32d st .119.. 50 West curb of 13th st 70.90 70.60 West curb of 38d st .124.00 124.00 East curb of 18th st 70.90 70.60 East curb of 3;)d st .124.. 50 124.. 50 West curb of 14th st 71.40 71.00 East curb of 14th st 71.40 71.00 945. g 16.— tiRADE OP E ST. Midway between 14th and East curb of 7th st .52.10 51.85 16th sts 78.00 78.00 West curb of 8th st . 61 .00 61 .00 West curb of 16th st 71.00 71.00 East curb of 8th st , 62.00 62.00 East curb of 16th st 70 .50 70.50 West curb of 9th st . 77.00 77.00 West curb of 17th st 67.50 67.50 East curb of 9th st 77.00 77.00 East curb of 17th st 67.00 67.00 West curb of lOtli st . 76.00 75.50 West curb of 18th st 62.00 62.00 East curb of 10th st 76.00 75.50 East curb of 18th st 61.50 61.50 West curb of 11th st , 72.60 72.20 West curb of 19th st 55.00 65 50 258 GENERAL ORDINANCES OF o ^ .• ^ Sm East curb of 19th st.... 55.00 55.50 West curb of ‘20th st.... 53.80 54.20 East curb of ‘20th st.... 53.80 54.20 West curb of ‘21st st.... 55. ‘20 55.40 East curb of ‘21st st 55.20 55.40 West curb of ‘2‘2(i st 57.00 57.00 East curb of ■2‘2d st 57.50 57.50 West curb of 23d st 58.50 58.50 East curb of 2.5d st 59.00 59.00 West curb of ‘2llh st 69.00 69.00 East curb of ‘24th st 69.50 69.50 West curb of •25th .'-t 75.00 75.00 East curb of 25th st 75.50 75.50 West curb of 2()th st 77.50 77.50 East curb of ‘2Gth st 78 00 78.00 West curb of ‘27th st 80.00 80.00 East curb of ‘27th st 80.50 80.50 West curb of 28th st 83.00 83.00 East curb of '28th st.... 83.50 83.50 West curb of •29th st 88.00 88.00 East curb of ‘29111 st 88 50 88.50 West curb of 30th st. north... 92.50 92.50 Ea.st curb of 30th st. north... 93.00 93.00 West curb of 30th st.atanele 94.50 94.00 East curb of 30th st 96.00 97.00 West curb of 31st st 99.00 99.00 East curb of 31st st ....... 99.50 99.50 947. g 18 .— Grade of R St. East curb of 7th st 53.00 53.00 West curb of 8th st 60.00 60.00 East curb of 8th st 60.50 60.50 West curb of 9th st 70.00 70.50 East curb of 9th st 70.00 70.50 West curb of 10th st 76.80 77. ‘20 East curb of 10th st 76.80 77. ‘20 West curb of 11th st 74.50 Midway between 10th and 12th sts East curb of 11th st 74.75 West curb of r2th st 72.50 72.25 East curb of 12th st 73.00 72.50 West curb of 13ih st 72. ‘20 71.90 East curb of 13th st 72. ‘20 71.90 West curb of 14th st 73.00 73.00 East curb of 14th st 73.00 73.00 Midway between 14th and 16th sts 74.00 74.00 West curb of 16th st 72.50 72.50 East curb of 16th st 72.00 72.00 West curb of 17th st 69.00 69.00 East curb of 17th st 68.50 68.50 West curb of 18th st 56.50 56 . 50 East curb of 18th st 56.00 West curb of 19th st 53.00 53.00 East curb of 19th st 52.50 52.50 West curb of 20th st 52.05 51.50 East curb of ‘20th st 52. ‘20 51.50 West curb of 21st st 53.50 53.50 East curb of 21st st 54.00 54.00 West curb of •2'2d st 54.60 55.50 East curb of 2‘2d st 54.80 56.00 West curb of 23d st 57.50 57.50 East curb of ‘23d st 57.80 57.80 West curb of •24th st 66.50 66.50 East curb of ‘24th st 67.00 67.00 West curb of 25th st 71.50 71 .50 East curb of 25th st 72.00 72.00 West curb of 2Gth st 73.50 73.50 o'S o > 3 >7 WaJ East curb of 26th st . 74.00 74.00 West curb of ‘27tli st . 76.00 76.00 East curb of ‘27th st . 75.00 75.50 West curb of ‘28th st . 78.00 78.40 East curb of ‘28th st . 78.40 78.80 West curb of ‘29th st . 82.00 82.00 East curb of ‘29th st . 82.40 82.40 West curb of 30th st. north. . 84.00 84.00 East curb of 30th st. north. . 84.40 84.40 West curb of 30th st. south., . 85.80 85.80 East curb of 30tli st. south. . 8i.‘20 86.20 West cuib of 3‘2d st . 95.75 95.00 East curb of 3‘2d st , 96.15 95.40 West curb of 3:’>d st . 99.00 99.00 East curb of 33d st . 99.50 99.50 948. g 19 .— Grade of S St. West curb of 8th st . 57.00 57.00 East curb of 8th st 57.50 57 . 50 West curb of 9th st . 64.00 65.00 East curb of 9th st 65.50 65.50 West curb of 10th st . 75.70 76.00 East curb of 10th st 75.70 76.00 West curb of 12th st , 78.50 78.50 E:ast curb of 12th st 78.00 78.00 West curb of 13th st 74.50 74.20 East curb of 13th st 74.50 74.20 West curb of 14th st 71.00 71.50 East curb of 14th st 71.00 71.50 West curb of 16th st 75.00 75.00 East curb of 16th st 75.50 75.50 West curb of 19th st 51.80 52.00 East curb of 19th st 51.80 52.00 A point 170 feet east of the east line of 19th st 53.00 53.00 West curb of 20th st 51.00 51.00 East curb of 20th st 51.00 51.00 West curb of ‘22d st 54. ‘20 54.40 East curb of ‘2'2d st 54. ‘20 54.40 W'est curb of 23d st 58.50 58.50 East curb of 23d st 58.80 58.80 West curb of 24th st 70.50 70.50 East curb of ‘24th st 71.00 71.00 West curb of ‘25th st 75.50 75.50 East curb of 25th st 75.50 75.50 West curb of 26th st 72.00 72.50 East curb of 26th st 72.00 72.50 West curb of 27th st 73.80 73.80 East curb of 27th st 74.00 74.00 West curb of ‘28th st 76.00 76.00 Ea.st curb of ‘28th st 76.30 76.30 West curb of 30th st 80.00 80.00 East curb of 30th st 80.50 80.50 949. g 20.— Grade of T St. West curb of 9th st 62.00 62.00 East curb of 9th st 62 . 50 62.50 West curb of 10th st 73.00 73.50 East curb of 10th st 73.00 73.50 West curb of 11th st 72.00 72.50 East curb of 11th st 72.00 72.50 West curb of l‘2th st 74.00 74.50 East curb of r2th st 74.00 74.50 West curb of 13th st 77.00 77.00 East curb of 13th st.._ 77.00 77.00 West curb of 14th st 69.00 69.50 East curb of 14th st 69.00 69.50 West curb of 19th st 50.!-0 51 .00 East curb of 19th st 50.80 51 00 THE CITY OF LINCOLN. 259 0'S ««.Q ° a o-e a> O >o Wcc WW West curb of 20th st 52.00 52.00 South curb of B st 61.00 61.50 East curb of 20th st 52.00 52.00 North curb of B st 61.00 61.50 West curb of 22d st 53.00 53.20 South curb of C st 55.00 55.50 East curb of 22d st 53.00 53.20 North curb of C st 55.00 55.50 West curb of 2.id st 57.30 57.30 South curb of D st 58.00 58.50 East curb of 23d st 57.80 57.50 North curb of D st 58.00 58.50 West curb of 24th st 66.50 67.00 South curb of E st 55.00 55.50 East curb of 24th st 66.50 67.00 North curb of E st 55.00 55.50 West curb of 25th st 71.00 71.50 South curb of F st 53.50 54.00 East curb of 25th st 71.00 71.50 North curb of F st 53 50 54.00 West curb of 26th st 70.00 70.50 South curb of G st 52.50 53.00 East curb of 26th st 70.00 70.50 North curb of G st 52.50 53.00 West curb of 27th st 71.80 72.00 South curb of H st 51.00 51.50 East curb of 27th st 71.80 72.00 North curb of H st 51.00 51.50 West curb of 28th st 74.00 74.50 South curb of J st 50.00 50.50 East curb of 28(h st 74.00 74.50 North curb of J st 50.50 West curb of 30th st 77.00 77.50 South curb of K st 51.50 52.00 East curb of 30th st 77.00 77 50 North curb of K st 51.50 52.00 050. g 21 .— Grade of U St. South curb of L st 49.50 50.00 North curb of L st 49.50 50.00 West curb of Oth st 59.50 60.00 South curb of M st 46.50 47.00 East curb of Oth st 59.50 60.00 North curb of M st 46.50 47.00 West curb of 10th st 64.50 65.00 South curb of N st 47.60 48.00 East curb of 10th st 64.50 65.00 North curb of N st 47.60 48.00 West curb of 11th st 69.50 70.00 South curb of 0 st 49.50 50.00 East curb of 11th st 69.50 70.00 North curb of 0 st 49.50 60.00 West curb of 12th st 72.50 73.00 963. g 24. —Grade of Bast curb of 12th st 72.. 50 73.00 7th West curb of 13th st 69.50 70.00 Street. East curb of 13th st 69.. 50 70.00 South curb of A st 77.50 77.50 West curb of 14th st 66.50 67.00 North curb of A st 77 50 77.50 East curb of 14th st 66.. 50 67.00 South curb of B st 62.50 63.00 West curb of 10th st 50.00 50.00 North curb of B st 62.50 63 00 East curb of 10th st 49.80 49.80 South curb of C st 58.50 A point 35 feet west of the North curb of C st 58.00 58.50 west line of 20111 st 48.50 48.50 South curb of U st 6 ’..50 64.00 West curb of 20th st 49 ..50 49.50 North curb of D st 63.50 64.00 East curb of 20th st 49.70 49.70 South curb of F st 63.00 63.50 West curb of 22d st 51.70 51.70 North curb of F st 63.00 63.50 East curb of 22d st 52.00 52.00 South curb of G st 60.00 60.50 West curb of 23d st., run- North curb ot G st 60.00 60.50 ning west 58.60 58.50 South curb of H st 57.00 57.50 West curb of 23d st, run- North curb of H st 57.00 57.50 ning east 59.00 59.00 South curb of J st 63.50 64.00 East curb of 23d st 59.30 59.30 North curb of J st 63.50 64.00 West curb of 24th st 61.00 64.50 South curb of K st 55.00 55.50 East curb of 24th st 64.00 64.50 North curb of K st 55.00 55.50 West curb of 25th st 67.00 67.50 South curb of L st 51.00 51.50 East curb of 25th st 67.00 67.50 North curb of L st 51.00 51.50 West curb of 26th st 68.70 69.00 South curb of M st 48.20 48.50 East curb of 26th st 68.70 69.00 North curb of M st 48.20 48.50 South curb of N st 50.17 49.75 951, g 22 ,— Grade ok V St. North curb of N st 49.05 49.95 East curb of l‘2th st 65.00 West curb of University av. 62.60 East curb of University av. 62.20 West curb of Kith st East curb of 13th st. 65.50 60.00 60.60 Sotith curb of O st. North curb of f) st. South curi) of F st. North curb of F st. South curb of Q st. 52.00 52.00 52.00 52.30 51.35 52.10 51.80 West curb of Lincoln st 59.50 60.00 North curb of Q st 52.00 East curb of Lincoln st 59.50 60.00 Soutli c\irb of R st 53.00 53.00 West curb of 14th st 62.50 63.00 North curb of R st 53.00 53.00 954. g 25.— Grade of 8th ‘s-e Street. 952. § 23.— Grade of 6th . 3 > o South curb of South st 66 00 66.00 Street. . (1)0 North curb of South st 66.50 66.50 Sw South curb of Plum st 68.50 68.50 South curb of A st 67.00 67.50 North curb of Plum st 69.00 69.00 North curb of A st 67.00 67.50 South curb of Peach st 72,50 72.50 260 GENERAL ORDINANCES OF Sir; io >o O . HW North curb of Peach st 73.00 73.00 South curb of C st .... 68 50 South curb of Rose st 76 .50 76.. 50 North curb of C st .... 68.50 North c urb of Rose st 77.00 77.00 South curb of D st 73.50 South curb of Pine st 80.00 80.00 North curb of 1) st .... 73.50 North curb of Pine st 80.50 80.50 South curb of E st 72.50 South curb of Wood st 84.00 84.00 North curb of E st 72.50 Nortli curb of Wood st 84.00 85.00 South curb of F st 67.00 South curb of Washiugt’n st 81 .50 81.00 North curb of F st 67.00 North curb of Washingt’n st 81 ..50 81.00 South curb of G st .... 64.50 South curb of A st 76.00 75.50 North curb of G st .... 64.50 North curb of A st 76.00 75.50 South curb of H st .... 72.00 South curb of B st 64.00 64.. 50 North curb of H st .... 72.00 North curb of B st 64.00 64.. 50 South curb of J st 76.00 South curb of C st 62.00 62.. 50 North curb of J st .... 76.00 North curb of C st 62.00 62.50 South curb of K st .... 72.00 South curb of D st 72.00 72.50 North curb of K st .... 71.50 North curb of D st 72.00 72.50 South curb of L st .... 67.50 South curb of Est 71.00 71.00 North curb of L st .... 67.00 North curb of E st 70.50 70.. 50 South curb of M st .... 58.50 South curb of Est 69.00 69.50 North curb of M st North curb of E 69.00 69.50 South curb of N st .... 60,33 South curb of G st 63.00 63.50 North curb of N st North curb of G st 63.00 63.. 50 South curb of 0 st South curb of H st 64.00 64.50 North curb of 0 st .... 71.00 North curb of H st 64.00 64.. 50 South curb of P st .... 77.00 South curb of J st 71 ..50 72.00 North curb of P st .... 77.00 North curb of J st 71.50 72.00 South curb of Q st .... 74.00 South curb of K st 63.. 50 63.. 50 North curb of Q st 73.50 North curb of K st 63.00 63.00 South curb of R st .... 70.50 South curb of L st 54.00 54.. 50 North curb of R st .... 70.00 North curb of L st 54.00 54.50 South curb of S st .... 65.00 South curb of M st 51.50 52.00 North curb of S st 64.00 North curb of M st 51.. 50 52.00 South curb of T st .... 62.00 South curb of N st 51.00 51.50 North curb of T st .... 62.00 North curb of N st 51.00 51.50 South curb of U st .... 60.00 South curb of 0 st 56.50 57.00 North curb of U st .... 59.50 North curb of 0 st 56.. 50 58.00 North curb of alley between South curb of P st 61.00 62.00 U and V sts North curb of P st 61.00 62.00 South curb of V st .... 55.20 South curb of Q st 62.00 63.00 North curb of V st .... 54.80 North curb of Q st 62.00 63.00 At a point 55 ft. north of South curb of R st 60.00 60.. 50 north line of V st .... 51.00 North curb of R st 60.00 60.. 50 At a point 124 ft. north of South curb of S st 57.00 57.. 50 north line of V st .... 53.20 North curb of S st 57.00 57.50 At a point 229 ft. north Of 955. § 26. — Grade op 9th north line of V st .... 50.50 Street. South curb of W st North curb of W st .... 49.50 South curb of South st 71.50 72.00 South curb of X st .... 47.50 North curb of South st 71.. 50 72.00 North curb of X st .... 47.00 South curb of Plum st 73.50 74.00 South curb of Y st .... 45.50 North curb of Plum st 73.50 74.00 South curb of Peach st 75.50 76.00 y56. g 2V.— tiRADE OF iUTH North curb of Peach st 75.50 76.00 &TREET. South curb of Rose st 78.00 78.30 South curb of South st. .. .... 81.00 North curb of Rose st 78.00 78.30 North curb of South st. .. .... 81.00 South curb of Pine st 83.50 84.00 South curb of Plum st... .... 80.00 North curb of Pine st 83.50 84.00 North curb of Plum st... .... 80.00 South curb of Wood st 82.. 50 82.50 South curb of Peach st... .... 79.00 North curb of Wood st 82.00 82.00 North curb of Peach st... .... 79.00 South curb of Washiugt’n st 79.00 78.50 South curb of Rose st .... 82.00 North curb of Washiugt’n st 79.00 78.. 50 North curb of Rose st .... 82.50 South curb of A st 74.00 73.. 50 South curb of Pine st .... 85.00 North curb of A st 74.00 73.. 50 North curb of Pine st .... 85.00 South curb of B st 65.50 66.00 South curb of Wood st... .... 80.50 North curb of B st 65.. 50 66. 00 North curb of Woo 1 st.... .... 80.00 South line of alley next South curb of Washingt’n st 75.00 north 66.. 50 66 50 North curb of Washingt’n st 75.00 North line of alley next South curb of A st .... 72.00 north 66.50 66.50 North curb of A st .... 72.00 69.00 69.00 74.00 74.00 73.00 73.00 67 .50 67.50 65.00 65.00 72.50 72.50 76.00 76.00 72.00 71.50 67.50 67.00 59.00 59.00 60.83 60.00 70.50 71.00 77.00 77.00 74.00 73.50 70.50 70.00 65.50 65.50 62.50 62.50 60.00 59 . 50 57.00 55.20 54.80 54.00 53.20 50.50 50.50 49.50 47.. 50 47.00 45.50 81.50 81 .50 80.50 80.50 79.50 79.50 82.00 82.50 85.00 85.00 80.50 80.00 74 -.50 74.50 71.50 71.50 THE CITY OF LINCOLN. 261 South curb of B st North curb of B st South curb of C st North curb of C st South curb of D st North curb of D st South curb of E st North curb of E st South curb of F st North curb of F st South curb of G st North curb of G st South curb of H st North curb of H st South curb of J st North curb of J st South curb of K st North curb of K st South curb of L st North curb of L st South curb of M st North curb of M st South curb of N st North curb of N st South curb of O st North curb of O st South curb of P st North curb of P st South curb of Q st North curb of Q st South curb of R st North curb of R st South curb of S st North curb of S st South curb of T st North curb of T st South curb of U st North curb of U st South curb of V st North curb of V st South curb of AV st North curb of W st Missouri Pacific R. R. . B. & M. R. R South curb of X st North curb of X st South curb of Y st North curb of Y st 957. § 28.— Grade of 11th Street. South curb of South st North curb of South st South curb of Plum st North curb of Plum st South curb of Peach st North curb of Poach st South curb of Rose st North curb of Rose st South curb of Pine st North curb of Pine st South curb of Wood st North curb of Wood st South curbof Washingt’n st North curb of Washingt’n st South curb of A st North curb of A st South curb of B st North curb of B st lev. of . Curb. o-g SI 90.50 100.00 99.00 98.50 92.00 92.00 106.50 107.00 121.50 122.00 130.0) 130.50 139.50 140.00 90.00 ‘90.00 88.00 87.50 86.00 85.50 81.10 84.10 80.50 80.00 78.50 78.50 76.50 76.00 74.50 74.50 72.00 72.00 76.50 76.50 77.00 77.00 76.00 76.00 76.50 76.. 50 76.10 76.10 77.00 77.00 76.. 50 76.. 50 79.00 79.00 86.00 86.00 89.00 89.00 84.. 50 84.00 THE CITY O) . gj Wis: WW South curb of L st 7S.50 78.50 Nortli curb of L st 78.00 78.00 South curb of M st 71.00 74.00 North curb of M st 70.50 73.50 South curb of N st 70.40 70.80 North curb of N st 70.40 70.80 South curb of O st 67.00 67.30 North curb of O st 67.00 67.30 South curb of Pst 67.00 67.90 North curb of Pst 68.10 68.10 South curb of Q st 70.60 70.60 North curb of Q st 70.90 70.90 So.i h curb of R st 71 .90 71.90 North curb of R st 72.20 72.20 South curb of S st 74.20 74.20 North curb of S st 74.50 74.50 South cuib of T st 77.00 77.00 North curb of T st 77.00 77.00 South curb of U st 70.00 70.00 North curb of U st 69.50 69.50 960. g 31 .— .Grade of 14th Street. South curb of South st 91 ..50 92.00 North curb of South st 91 ..50 92.00 South curb of Plum st 90.00 North curb of Pium st 89. .50 South curb of Mulberry st 89.00 North curb of Mulberry st 88. .50 South curb of Peach st 87.50 North curb of Peach st 87 .00 South curb of Garden st S6.80 North curb of Garden st 86.30 South curb of Ro.se st 85.00 84.80 North curb of Ro.se st 81.80 84.50 South curb of Pine st 82. .50 North curb of Pine st 82.00 South curb of Poplar st 81 .80 North curb of Poplar st 81.50 South curb of Wood st 80.50 North curb of Wood st 80.00 South ctirh of Kim st 79.80 North curb of Elm st 79.60 Sou h curb of WashinRt’n st 77.00 77.50 North curb of Washingt’n st 77.00 77.50 South curb of A st 78.00 78. ,50 North curb of st 78.00 78. ,50 South curb of R st 73.00 73. ,50 North curbof Bst 73.00 73. ,50 South curb of G st 78.00 78.50 North curb of C st 78.00 78.50 South curb of 1) st 77.00 77.50 North curbof I) st 77.00 77.50 Sou'h line of alley next n... 78.00 78.00 North line of alley next u... 78.00 78.00 South curb of Est 77.10 77.40 North curb of E st 77.10 77.40 South curb of F st 78.00 78.50 North ctirb of F st 78.00 78., 50 South curb of G st 81.00 81 . ,50 North curb of G st 81 .00 81.50 South curb of H st 88.00 88.50 North curb of 11 st 88.00 88., 50 South curb of ,1 st 91.00 91.50 North curb of .1 st 91.00 91. ,50 Sotith curb of K st 87. ,50 87.50 North curb of K st 87.00 87.00 South curb of L st 79.50 79.50 North curb of L st 79.00 79.00 OF LINCOLN. 263 South curb of M st 75.0) 75.00 North ctirl) of M st 74.50 74. .50 SotUh (Utrb of N st 71.60 72.00 North curbof N st 71.60 71. .50 South ettrb of O st 68.30 68.60 North curb of O st 68.30 68.60 South curb of alley north of O st 68.80 69.00 North curb of alley north of O st 69.00 69.30 South curb of P st 68.70 69.00 North curb of P st 68.70 69.00 South curb of Q st 71.00 71.00 North curb of Q st 71 .40 71 .40 South curb of R st 7.!. 00 73.00 North curb of Rst 73.00 73.00 South curb of S st 71 .,50 71., 50 North curb of S st 71.00 71.00 South curb of T st 69., 50 69.-50 North curb of T st 69.00 69.00 South curb of University Place 67.80 North curb of University Place 67. -50 South curb of XT st 67.00 North curb of U st 66., 50 South curbof Vine st 65. ,50 65.50 North curb of Vine st 65.00 65.00 South curb of V st 63.00 63.00 North curb of V st 62.50 62., 50 South curb of W st 51 .00 50.70 North curb of st 50.50 50.20 Point 285 feet north of north line of W st 48. -50 48.50 Point 306 feet north of north line of W st 48.50 48.50 Point 972 feet north of north lineofWst 51.00 51.00 Point 1173 feet north of north line of W st 50.50 50.00 South curb of New Hamp- shire st 49.80 North curb of New Hamp- shire st 49., 50 South curb of Claremont st 48.30 49.00 North curb of Claremont st 48.00 48.70 961. g 32.— Grade OF 15th Street. South curbof Mulberry st... 92.00 92.00 North curbof Mulberry st... 91 .,50 91 .50 South curb of Garden st 90.00 90.00 North curb of Garden st.... 8',). ,50 89. .50 South curb of Rose st 88.00 88.-50 North curb of Rose st 88.00 88. .50 South curb of Poplar st 86. .50 86. ,50 North curb of Poplar st 86.00 86.00 South curb of Elm st 81. .50 85.00 North curb of Elm st 81. ,50 85.00 South curb of A st 81 .50 82.00 North curb of A st 81.50 82.00 South curb of B st 77. .50 78.00 North curb of B st 77.50 78.00 South curb of C st 80.00 80.50 North curb of C st 80.00 80.50 South curb of D st 79.00 79.50 North curb of D st 79.00 79.50 South curb of E st 78.40 78.80 North curb of E st 78.40 78.80 264 GENERAL ORDINANCES OF >3 a> . ww South curb of F st 80.00 80.50 North curb of F st 80.00 80.50 South curb of G st 84.50 85.00 North curb of G st 84.50 85.00 South curb of H st 91.00 91.. 50 North curb of H st 91.00 91.50 South curb of K st 92.00 92.00 North curb of K st 92.00 92.00 South curb of L st 81.00 81.00 North curb of L st 80.50 80.50 South curb of M st 75 50 75.50 North curb of M st 75.00 75.00 South curb of N st 72.80 72.60 North curb of N st 72.80 72.60 South curb of 0 st 69.60 70.00 North curb of 0 st South curb of P st., midAvay 69.60 70.00 between 14th and 16th sts. North curb of P st., midway 68 00 between 14th and 16th sts. 68.00 962. § 33.— Grade of 16th Street. South curb of South st 95.50 95.50 North curb of South st 95.00 95.00 South curb of Maple st 93.80 93.80 North curb of Maple st 93.50 93.50 South curb of Sycamore st... 92.30 92.30 North curb of Sycamore st... 92.00 92.00 South curb of Locust st 91.00 91.00 North curb of Locust st 90.50 90.. 50 South curb of Poplar st 89.00 89.50 North curb of Poplar st 89.00 89.50 South curb of Elm st 87.00 87.50 North curb of Elm st 87.00 87.50 South curb of Washingt’n st 84.00 84. .50 North curb of Washingt’nst 84.00 84. .50 South curb of A st 86.00 86.50 North curb of A st 86,00 86.50 South curb of B st 81.00 81.50 North curb of Bst 81.00 81.50 South curb of Cst 82.00 82.50 North curb of Cst 82.00 82.50 South curb of D st 81.00 81.50 North curb of Dst 81.00 81.50 South curb of E st 79.80 80.20 North curb of E st. 79.80 80.20 South curb of F st 83.00 83.50 North curb of F st 83.00 83.50 South curb of Gst 87.50 88.00 North curb of G st 87.. 50 88.00 South curb of H st 91.00 94.00 North curb of H st 94.00 91.00 South curb of .1 st 93.00 93.00 North curb of J st 93.00 93.00 South curb of K st 88.50 88.50 North curb of K st. 88.00 88.00 South curb of L st 82.50 82.50 North curb of Lst 82.00 82.00 South curb of M st 77.00 77.00 North curb of M st 76.50 76.50 South curb of N st 73.40 73.40 North curb of N st 73.00 73.00 South curb of O st 71.00 71.30 North curb of O st 71 .00 71 .30 South curb of P st 72.. 50 72.. 50 North curb of P st 73.00 73.00 South curb of Q st 71 .00 70.50 North curb of Q st 71.00 70.50 0-2 <9 !>■ ^ Su Sw South curb of R st. 72.50 72.00 North curb of Rst 72.. 50 72.00 South curb of S st 75.00 75.. 50 North curb of S st Center of block between S 75.00 75.50 st. and University Place... South curb of University 77.00 77.00 Place ! North curb of University 75.00 75.00 Place 74.50 74.50 South curb of Vine st 65.00 65.00 North curb of Vine st At no ft. north of north line 64.50 64.50 of Vine st 59.50 59.50 At Mo. Pacific Ry 48.00 48.00 963. g 34 — Grade OF 17th Street. South curb of South st 101.00 101 .50 North curb of South st 101.00 101. .50 South curb of Harwood st 99.. 50 North curb of Harwood st 99.20 South curb of Maple st 99,00 North curb of Maple st 98.70 South curb of Euclid ave 98.00 North curb of Euclid ave 97.70 South curb of Sycamore st. 96.70 97.20 North curb of Sycamore st. 96.70 97.20 South curb of Prospect st... 98.30 98.30 North curb of Prospect st... 98.30 98.30 Simth curb of Locust st 97.60 North curb of Locust st 97.40 South curb of Cherry st 95.90 North curb of Cherry st 95.70 South curb of Poplar st 94.80 North curb of Poplar st 94.60 South curb of Holmes st 93.20 North curb of Holmes st 93.00 South curb of Elm st 92.00 North curb of Elm st 91.80 South curb of Washingt’n st 91.50 92.00 North curb of Washingt’nst 91.50 92.00 South curb of A st 90.00 90.50 N orth curb of A st 90.00 90.50 South curb of B st 88.00 88.50 North curb of B st 88.00 88.50 South curb of C st 87.00 87.50 North curb of Cst 87.00 87. .5o. South curb of D st 83.00 83.50 North curb of D st 83.00 83. .50 South curb ot E st 84.00 84. .50 North curb of Est 84.00 84. .50 South curb of F st 87.00 87.00 North curb of Fst 87.00 87.00 South curb of G st 88. .50 88. .50 North curb of G st 89.00 89.00 South curb of H st 92.00 92.00 Nort h cu rb of H st 92.00 92.00 South curb of .1 st 89.00 88.00 North curb of .1 st 88. .50 88.00 South curb of K st 83.00 83.00 North curb of K st 82 . .50 82 ..50 South curb of L .st 78. .50 78. .50 North curb of L st 78.00 78.00 South curb of Mst 74.00 74.00 Northcurbof M st 73.. 50 73.. 50 South curb of N st 71 ..50 71.00 North curb of N st 71. .50 . 71.00 South curb of 0 st 70.00 69.50 THE CITY OF IJNCOLN. 265 Wis: MM North curl) of () St 70.00 (iO.OO Soulli curb of r st 00.00 08.00 North curl) of 1’ St 00.00 08.00 South curl) of Ci St 07.00 07.00 NortJi curb of Q st 07.00 07.00 South curb of R st 00.00 08.00 North curb of R st 00.00 08.50 001. § 35.— Gkade of 18th Strp:et. South curb of Washingt’n st 00.50 07.00 North curb of Washingt’ii st 00.50 07.00 South curb of A st 04.00 04 ..50 North curb of A st 04.00 04 ..50 South curb of B st 03.00 03 ..50 North curb of B st 03.00 03. Oo South curb of C st 02.00 02.50 North curb of C st 02.00 02. .50 South curb of D st 00.50 01.00 North curb of D st 00.50 01.00 South curb of E st 80.00 80.. 50 North curb of E st 80.00 80.50 South curb of F st 85.50 85. .50 North curb of F st 85.00 85.00 South curb of G st 82.00 82.00 North curb of G st -82 . 50 82 . 00 South curb of J st 70.00 78.. 50 North curb of J st 70.00 78.50 South curb of K st 78.00 77.00 North curb of K st 78.00 77. .50 South curb of L st 70.. 50 70.. 50 North curb of L st 70.00 70.00 South curb of M st 73.00 73.00 North curb of M st 72.50 72. .50 South curb of N st 00.00 08.. 50 North curb of N st 00.00 08. .50 South curb of O st 07. .50 07.00 North curb of O st 07.50 07.00 South curb of P st 05.. 50 05.00 North curb of P st 05.. 50 05.00 South curb of Q st 02.00 01. .50 North curb of Q st 02.00 01 ..50 South curb of R st .50.. 50 ,50.00 North curb of Rst 50.50 50.00 065. § 30.— Grade of 10th Street. South curb of South st 114. ,50 115.00 North curb of South st 114. ,50 115.00 South curb of Euclid ave....l00.00 100.00 North curb of Euclid ave....l08.,50 108. ,50 South curb of Prospect st. ...106. .50 106. ,50 North curb of Prospect st. ...106.00 106.00 South curb of Holmes st. ...101 .00 101.. 50 North curb of Holmes st....l01.00 101. .50 South curb of Washgtn. st...l03.00 103.50 North curb of Washgtn. st...l03.00 103. ,50 South curb of A st 00. ,50 100.00 North curb of A st 00.. 50 100.00 South curb of B st 07 ..50 08.00 North curb of B st 07. ,50 08.00 South curb of (/ st 00.00 00.00 North curb of <' st 00.00 00.00 South curb of D st 07. ,50 08.00 North curb of 1) st 07.50 08.00 South curb of E st 05550 06.00 North curb of E st 05. ,50 06.00 South curb of F st 80.00 80.50 North curb of F st., 80,00 80, ,50 13 Mi? MM Mi? MM South curb of .1 st 67.00 (>6. ,50 North c)irb of .1 st 67.00 (i6.,50 South curb of K.st 64. ,50 64.00 North curb of K st 64. ,50 64.00 South curb of L st 66.00 65.00 North curb of L st 65. ,50 65.60 South curb of M st 62 . ,50 62 . 60 North curb of M st 62.00 62 . 30 South curb of N st 61.00 60.50 North curb of N st 61.00 60. ,50 South curb of O st 64.50 64.00 North curb of O st 64., 50 64.00 South curb of P st (JO. 00 60.00 North curb of P st 50.50 50.50 South curb of (^ st 55.-50 ,55.-50 North curb of Q, st 55.00 55.00 SoTith curb of R st ,53.00 52.50 North curb of R st ,53.00 ,52., 50 South curb of S st 52.00 52.00 North curb of S st 51.80 51.80 South curb of T st 51.00 51.00 North curb of T st ,50.80 50.80 South curb of U st 50.00 40.80 North curb of U st -50.00 40.80 South curb of Vine st -53.25 -53.00 066. § 37.— 4. 00 64.00 North curb of J st (>3.80 (>3.80 South curb of K st 62.80 (>2. 80 North curb of K st 62. (JO 62.60 South curl) of L st 61. (JO 61.60 North curb of L st 61 .40 61 .40 South curb of M st 60 . 40 60 .40 North curb of M st 60.20 60.20 South curb of N st 50.50 ,50.30 North curb of N st ,50.-50 50.30 South curb of () st ,58., 50 ,58.-50 North curb of O st ,58.00 58.00 South curb of P st ,56.30 ,56.30 North curb of P st 55.00 ,55 00 South curb of Q st 54.20 51.20 North curb of Q st ,53.80 ,53.80 South curb of R st 51 .-50 51 .-50 North curb of R st 52.05 ,52.20 South curb of S st 51.00 51.00 North curb of S st 51.00 51.00 South curb of T st 52.00 ,52.00 North curb of T st 52.00 52.00 South curb of U st 40.50 40.70 North curb of U st *... 40.50 40.70 South curb of Vine st 51.50 51.75 067. g 38.— Grade OF 21st Street, South curb of Siimuer st....l23.00 123.50 North curb of Sumner st,...123.00 123.50 South curb of Garfield st...ll3.00 113. ,50 North curb of Garfield st...ll3.00 113.50 South curb of Washtn. st...l20.00 120. .50 North curb of Washtn. st...l20.00 120.50 South curb of A st 115.50 116 00 266 GENERAL ORDINANCES OF o-e PO a> . HW North curb of A st 11 .6.. 50 116.00 South curb of B st 120.00 119. .50 North curl) of B st 120.00 11 9.. 50 South curb of G st 102.7)0 102.00 North curb of G st 102.7)0 102.00 South curb of I) st , 91.. 50 91.00 North curb of I) st 91.7)0 94.00 South curb of K st , 85.. 50 85.50 North curb of E st . 86.. 50 85.. 50 South curb of F st . 71. .50 71.00 North curb of F st . 71.. 50 71 .00 South curb of G st . 69.2.5 69.00 North curb of G st . 69.25 69.00 South curb of Randolph st . 68.30 68.20 North curb of Randolph st . 68.30 68.20 South curb of II st . 66.75 66.75 North curb of II st . 66.. 50 66.50 South curb of .T st 65.00 65 . 25 North curb of .1 st ,. 65.00 65.25 South curb of K st .. 64.00 61.25 North curb of K st 64.25 South curb of L st .. 63.00 63.00 North curb of L st .. 62.70 62.70 South curb of M st .. 61.80 61.80 North curb of M st .. 61.10 61.40 South curb of Monroe ave. .. 60.. 50 60.. 50 North curb of Monroe ave. CO. 00 60.00 South curb of N st .. 58.30 58.30 North curb of N st .. 58.00 .58.00 South curb of G st .59.00 North curb of O st .. 58.7)0 .58.50 South curb of P st .. 57.. 50 57.. 50 North curb of P st .. 57.00 57.00 South curb of Q st .. 55.40 55.40 North curb of Q st .. 55. 55.20 South curb of K st .. 53 .50 54.00 North curb of R st .. 53.. 50 54.00 968. ? 39.— Grade of 22d Street. South curb of South st ...147. .50 148.00 North curb of South st ...147. .50 148.00 South curb of Harvard st. ...146.00 146.. 50 North curb of Harvard st, ...146.00 146.. 50 South curb of Sumner st. . ...125.00 125., 50 North curb of Sumner st. ...125.00 125.50 South curb of Garfield st. ...119. .50 120.00 North curb of Garfield st. ...119. .50 120.00 South curb of Wash^tn. st ...129.00 129.00 North curb of Washgtn. st ...129.00 129.00 South curb of A st ...119.00 119.00 North curb of A st ...119.00 119.00 South curb of B st ...113. .50 113.00 North curb of B st ...113. .50 113.00 South curb of G st ... 94.00 93.7)0 North curb of G st ... 91.00 93.. 50 South curb of D st ... 85.. 50 85.00 North curb of iTst ... 85 .50 85.00 South curb of E st ... 73.. 50 73.00 North curb of E .st .... 73.. 50 73.00 South curb of F st ... 70.. 50 70.. 50 North curb of F st .... 70.00 70.00 South curb of G st .... 68. .50 68.7)0 North curb of G st ... 68.25 68.25 South curb of Randol])h st. 6 ^ oO > ^ CP o INGTON Street. Hcd ai West curb of 8th st .. 81.50 81.50 W'est curb of 25th st 65.00 East curb of 8th st .. 81.00 81.00 East curb of 2,5th st 65 . 40 West curb of 9th st . 79.00 79.00 W'est curb of W'all st . 66.. 50 East curb of 9th st . 78.50 78 50 Pvist curb of W'all st . 66.70 ^V est curb ot 10th st 75.00 W'est curb of 26th st 68.00 East curb ot 10th st .. 74.50 74.50 Plast curb of 26th st 68.30 West curb of 11th st .. 72.50 73.00 West curb of S{)ruce st . 68.60 East curb of 11th st .. 72.50 73.00 Plast curb of Spruce st . 68.80 West curb of Tith st .. 74.. 50 75.00 W'est curb of 27th st . 69., 50 69.. 50 East curb ot 12th st .. 74.50 75.00 East curb of 27th st . 69.80 69.80 West curb of 13th st .. 76.00 76.50 W'est curb of 28th st . 71 .00 71 .00 East curb of 13th st . 76.00 76.. 50 Plast curb of 28th st . 71.30 71 .30 West curb of 14th st .. 77.00 77.00 West curb of Elsa ave . 73.00 73.00 r:ast curb of 14th st . 77.50 77.50 East curb of Elsa ave . 7.5.30 73.30 A point oOO teet east of east W'est curb of 30th st . 75., 50 71 80 line ot 14tli st . 79.00 79.00 East curb of 30th st 75 80 7,5 . 00 West curb ot 16th st . 84.00 84.00 W'est curb of 31st st . 79.45 79 '45 East curb ot 16th st . S4..50 84., 50 Pla.st curb of 31st st . 79.70 79 70 West curb of 17th st . 91.. 50 91.. 50 West curb of 32d st . 82.35 82., 35 East curb ot 17th st . 92.00 92.00 East curb of 32d st . 82.60 82.60 W est curb of 18th st . 96., 50 96.50 West curb of 33d st . 85.00 85.00 East curb of l«th st . 97.00 97.00 East curb oi 33d st . 85.. 50 85.. 50 W'est curb of 19th st .103.00 103.00 East curb of 19th st .103.50 103., 50 986. g .57 .— Grade of Eu - West curb of Fitzgerald av. .112.00 112.00 CLiD Avenue. East curb of Fitzgerald av. .112.50 112.50 East curb of 17th st . 97.70 98.00 W^est curb of 21st st .120.00 120.00 West curb of 19th st ,108.. 50 109.00 East curb of 21st st .120.50 120.50 East curb of 19th st .108., 50 109.00 West curb of 22d st .129.00 129.00 West curb of P'itzgerald av. .122., 50 122., 50 East curb of 22d st ..129.00 129.00 East curb of Fitzgerald av. .123.00 123.00 W'est curb of 23d st .127.00 127.00 East curb of 23d st ..126.50 12J.50 987. § ,58. — Grade of W'est curb of 24th st ..109.50 110.00 Chestnut Street. East curb of 24th st .109.50 110.00 East curb of 27th st 106., 50 106.. 50 W^est curb of 25th st ,.113.00 113.00 West curb of 28th st 108.00 108.00 East curb of 25th st .113.00 113.00 East curb of 28th st .108.00 108.00 W'est curb of 29th st .100.00 100., 50 985. g 06.— GRADE OF VINE East curb of 29th st .100.00 100.50 STREET. W'est curb of 30th st .105.00 105.00 West curb of 14th st . 65.00 65.50 East curb of 30th st ,105., 50 105.50 East curb of 14th st . 65.00 65 . 50 W'est curb of 31st st .122.00 122.00 Center of block between East curb of 31st st 122.50 122.50 14th and 15th .. 69.50 69., 50 W'est curb of 15th st . 68.20 . East curb of 15th st ,. 67.90 c^S W'est curb of Elm st 67.50 u ^ East curb of Elm st 67.20 988. § 59.— Grade of W'est curb of 16th st ,. 64.50 65.00 Ulysses Ave. Sw East curb of 16th st .. 64., 50 65.00 North curb of I) st . 75.00 75.00 W'^est curb of 17th st ,. 57.00 57.00 South curb of p] st . 76.00 76.00 East curb of 17th st .. 56.50 56.50 North curb of E st 76.30 76.30 A point 1,100 feet west of Soutli curb of F st . 77.30 77.30 west line of i^d st . 51.00 .51.00 North curb of F st , 77.60 77.60 W est curb of 20th st . 51.50 51., 50 South curb of Randolph st, . 79.00 79., 50 East curb of 20th st . 51.75 51.75 North curb of Randolph st, . 79.00 79.50 W'est curb of 21st st . 53.00 53.00 East curb of 21st st . 53.15 53.15 . • West curb of 22d st . 55.40 55.40 0'S o-g East curb of 22d st . 55.65 55 . 65 > P West curb of 2.1d st. runninj 989. g 60 .— Grade of north " 58.35 ,58.35 Cedar Street. Scd East curb of 23d st. running W'est curb of 27th st . 89., 50 89.50 north . 58.60 58.60 East curb of 27th st 90.00 90.00 W'est curb of 23d st. south.. . (JO. 00 (JO. 00 West curb of 28th st ,105.00 105.00 East curb of 23d st . (JO. 40 (JO. 40 East curb of 28th st 105., 50 105.50 W est curb of East ave . (J2.00 W'est curb of 29th st 11 2.. 50 11 2., 50 East curb of East ave . 62.30 East curb of 29th st 113.00 113.00 W'est curb of 24th st 62.50 W'est curb of 30th st 115.00 115.00 East curb of 24th st 63.00 East curb of 30th st 115.00 115.00 THE CITY OP LINCOLN. 271 'S'S 990. g 61.— Grade OF Elm >5 Street. ww South curb of University Place North curb of University 72.00 72.. 50 Place 72.00 72.50 South curb of Vine st 64.00 63.80 North curb of Vine st 64.00 63.80 991. g 62 .— Grade of Ne- braska Court. Southern terminus of Ne- braska Court 68.00 68.00 South curb of J st 64.00 64.00 992. g 63 .— Grade of Mulberry and Maple o-g 0'S >■ 0 Streets. Soi East curb of 14th st 88.50 89.00 West curb of 15th st 91.50 92.00 East curb of 15th st 91.50 92.00 West curb of 16th st 93.50 93.80 East curb of 16th st 93.50 93.80 West curb of 17th st 98.70 99.00 993. § G4.— Grade of Prospect Street. East curb of 17th st 98.30 98.30 West curb of 19th st 106.00 106.50 East ourb of 19th st 106.00 106.50 West curb of Fitzgerald ave.TiO.OO 120.50 994. g 6.5 .— Grade OF Rose AND Locust Streets. West curb of 8th st 77.00 76.. 50 East curb of 8th st 77.00 76.. 50 West curb of 9th st 78.00 78.00 East curb of 9th st 78.30 78.30 West curb of 10th st 82.. 50 82.00 East curb of 10th st 82.. 50 82.00 West curb of 11th st 80.80 80.80 East curb of 11th st 81.10 81.10 West curb of 12th st 82.30 82.30 East curb of 12th st 82.60 82.60 West curb of 13th st 83.80 83.80 East curb of 13th st 84.10 84.10 West curb of 14th st 84.80 85.00 East curb of 14th st 84. .50 84.80 West curb of 15th st 88.00 88.00 East curb of 15th st 88.50 88.50 Htreet not open. West curb of 16th st 90.. 50 91.00 East curb of 16th st 90.. 50 91.00 West curb of 17th st 97.40 97.60 995. g 66 .— Grade of Walnut Street. West curb of 27th st 97., 50 97.00 East curb of 27th st 97.. 50 97.00 West curb of 28tli st 106.. 50 106.. 50 East curb of 28tli st 107.00 107.00 West curb of 29th st 109.50 110.00 East curb of 29th st 109. .50 110.00 West curb of 30tlist 108.00 108.. 50 East curb of 30th st 108.00 108., 50 996. g 67.— Grade of Uni- VERSiTY Place. West curb of 14th st 67.50 67.80 East curb of 14th st 67., 50 67.80 A Ou Wai West curb of Elm st 72.00 72.00 East curb of Elm st 72., 50 72.50 East curb of 16th st 74.. 50 75.00 East curb of 16th st 74.. 50 75.00 997. g 68 .— Grade of Holmes Street. East curb of 17th st 93.00 93.20 West curb of 19th st 101.00 101.00 East curb of 19th st 101.50 101.50 East curb of Fitzgerald ave. 109.00 109.00 998. g 69.— Grade of Elm Street. East curb of 14th st 79.60 79.80 West curb of 15th st 84.50 84.50 East curb of 15th st 85.00 85.00 West curb of 16th st 87.00 87.00 East curb of 16th st 87.50 87.50 West curb of 17th st 91.80 92.00 999. g 70.— Grade of Plum Street. West curb of 8th st 69 00 68.50 East curb of 8th st 69.00 68.50 West curb of 9th st 73.50 73.50 East curb of 9th st 74.00 74.00 West curb of 10th st 80.00 80.00 East curb of 10th st 80.50 80.50 West curb of 11th st 84.50 85.. 50 East curb of 11th st 84.50 85.50 West curb of 12th st 86.50 87.00 East curb of Pith st 86.50 87.00 West curb of 13th st 87.. 50 88.00 East curb of 13th st 87.50 88.00 West curb of 14th st 89.50 90.00 1000. g 71— Grade of Pine AND Poplar Streets. IVest curb of 8th st .. 80., 50 80.00 East curb of 8th st .. 80.50 80.00 West curb of 9th st ,. 83.50 83.. 50 East curb of 9th st .. 84.00 84.00 West curb of 10th st .. 85.00 85.00 East curb of 10th st .. 85.00 85 00 West curb of 11th st .. 80.00 80.30 East curb of 11th st ,. 80.00 80.30 Center of block between 11th and 12th sts .. 80.. 50 81.00 West curb of 12th st .. 80.00 80., 50 East curb of 12th st .. 80.00 80., 50 Center of block bet. 12th and 13th sts .. 80.50 80.00 West curb of 13th st .. 80.00 80.50 East curb of 13th st .. 80.00 80., 50 West curb of 14th st .. 82.00 82.50 East curb of 14th st .. 81.50 81.80 West curb of 15th st .. 86.00 86.50 East curb of 15th st .. 86.00 86.50 West curb of 16th st .. 89.00 89.00 East curb of 16th st .. 89.50 89.50 West curb of 17th st .. 94.60 94.80 1001. g 72— Grade of Wood Street. West curb of 8th st .. 84.00 84.00 East curb of 8th .st .. 84.00 84.00 West curb of 9th .st .. 82.00 82.50 East curb of 9th st .. 82.00 82.50 272 GENERAL ORDINANCES OF 0'S 0.0 > o Sec West curb of 10th st 80.00 80.50 East curb of 10th st 80.00 80.50 West curb of 11th st 78.. 50 79.00 East curb of 11th st 78.. 50 79.00 West curbof Pith st 70.50 76.. 50 East (;urb of 12th st 77.00 77.00 West curb of 13th st 78.00 78.00 East curb of 13th st 78.. 50 78.50 West curb of 14th st 80.00 80.. 50 East curb of 14th st 80.00 80.. 50 1002. g 73 .— Grade op South Street. West curb of 8th st 00.50 00 . 00 East curb of 8th st 00.50 00.00 West curb of 9th st 71.50 71 .50 East curb of 9th st 72.00 72.00 West curb of 10th st 81.00 81.00 East curb of 10th st 81.50 81.50 West curb of 11th st 80.00 86.00 East curb of 11th st 86.50 80.50 West curb of 12th st 88.00 88 . 00 East curb of 12th st 88.50 88.50 West curb of 13th st 89.50 89.50 East curb of 13th st 90.00 90.00 West curb of 14th st 91.50 91.50 East curb of 14th st 92.00 62.00 West curb of Sherman ave. 93.50 93.50 East curb of Sherman ave. 94.00 94.00 West curb of Howard ave... 95.00 95.00 East curb of Howard ave... 95.50 95.00 West curb of St. Mary’s ave. 97.00 97.00 East curb of St. Mary’s ave. 97.50 97.50 West curb of 17th st 101.00 101.00 East curb of 17th st 101.50 101.50 West curb of 19th st 114.50 114,50 East curb of 19th st 115.00 115.00 West curbof Wshgtn. place. 122. 50 122.50 East curbof W.«hgtn. place. 123. 00 123.00 West curb of Fitzgerald av. 130 . 00 130 . 00 East curb of Fitzgerald a V. 130. 50 130.50 West curb of 22d st 147.50 147.50 East curb of 22d st 148.00 148.00 West curb of 23d st 155.00 155.00 ‘t-i n 0'S .• o so Wa S CO East curb of 23d st 155.00 1.55.00 West curb of 24th st 1.50.00 1.50.00 East curb of 24th st 150.. 50 150.50 1003. g 74 .— Grade of Harvard Street. West curb of 22d st 140.00 140. East curbof22dst 140.50 140. West curb of 2:’.d st 153 . 00 1.53 . East curb of 23d st 153.00 153. West curb of 24th st 148.50 149. East curb of 24th st 148. .50 149. 1004. g 75 .— Grade of Cherry Street. East curb of 17th st 95.70 95. A point 630 feet east of east line 17th st 103.50 103. 1005. g 76 .— Grade of Gar- den AND Sycamore Streets. East curb of 14th st 86.30 86. West curb of 15th st 89.50 90. East curb of 15th st 89.50 90. West curb of 16th st 92.00 92. East curb of 16th st 92.00 92. West curbof 17th st 96.70 96. East curbof 17th st 97.20 97. 1006. g 77 . — Grade of Peach Street. West curb of 8th st 73.00 72. East curb of 8th st 73.00 72. West curb of 9th st 75.50 75. East curb of 9th st 76.00 70. West curb of 10th st 79.00 79. East curbof 10th st 79.50 79. West curbof 11th st 83.00 83. East curbof 11th st 83.00 83.50 West curb of 12th st 84.00 84. .50 East curb of 12th st 84.00 84.50 West curbof 13th st 85.50 86.00 East curb of 13th st 85.. 50 86.00 West curb of 14th st 87.00 87.50 g 78. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. g 79. This ordinance shall take effect and be in force from and after its passage, ap- proval, and publication according to law. Passed August 20, A. L). 1895. Approved August 26, A. 1). 1895. Attest : J. W. Bowen, Oity Clerk, [seat,.] F. A. Graham, Mayor. SSS8SS g g ggggggg ggggSSS THE CITY OP LINCOLN. 273 AN ORDINANCE cstablishinR' a Roard of Health, defining its duties and powers, pro- viding regulations to secure the general health of the city, to ])revent and abate nuisances, to compel vaccination, prescribing penalties for violation of the provis- ions of this ordinance, and repealing ordinances in conflict herewith. Be it ordained hy the Mayor and Council of the City of Lincoln : Article XXXVII. Health. 1007. § 1. That a Board of Health for the city of Lincoln be and the same is hereby created and established. Said board shall consist of the Mayor, the health officer, Chief of Police, and two members of the City Council, to be selected by the Mayor. The Mayor shall be chairman, and the health officer clerk of said board. A majority of the board shall constitute a quorum, and meetings shall be held in the Council chamber whenever deemed necessary by the chairman or any two members. 1008. § 2. As soon as may be after the passage of this ordi- nance, and annually thereafter at the beginning of each munici- pal year, the Mayor shall designate some suitable person, a po- liceman of the city, who shall be known as the health officer, and who shall receive no compensation other than his salary as a regular policeman. 1009. § 3. The health officer shall be the executive officer of the Board of Health, and it shall be his duty to carry out and enforce all existing laws and ordinances having for their object the preservation of life and the prevention of disease, and the abatement and removal of nuisances; he shall make and keep in proper form the minutes of the meetings and proceedings of the board, attend to receiving returns of deaths and the issu- ing of burial permits, and the registration of births and deaths and interments; shall attend to complaints of nuisances and or- ders relating thereto, and perform such other services as the council may impose by ordinance, or the Board of Health law- fully require of him. 1010. § 4. The Board of Health shall have and exercise a general supervision over the sanitary condition of the city, and 274 GENERAL ORDINANCES OE have power to take effective means to prevent the introduction into the city or spread of any infectious, contagious, and danger- ous diseases, and for that purpose sliall have power to stop, de- tain, and examine every person coming from any place infected or believed to be infected with any such disease; to cause any person not a resident of the city infected or believed to be in- fected with any such disease to be sent to the pest house upon the certificate of the health physician; to cause any resident of the city infected with any such disease to be removed to the pest house, or some other place, if the health physician shall certify that such removal is necessary for the preservation of the public health. Nothing herein contained shall be construed to abridge in any manner the right of every citizen to be attended by his own physician or to remain in his own house while sick with any disease herein referred to, provided the public health is not affected or endangered thereby. In case of severe visitation of any such disease, the board shall have power to provide hospitals and pest houses, and make proper provision for the suitable care of the sick, and shall have authority to exercise any and all power incident to the preservation of the good health of the city in such cases, to remove from the city or destroy furniture, wear- ing apparel, or other property infected with any such disease, and to cleanse infected or unwholesome buildings and places. 1011. § 5. In caseof pestilential epidemic, infectious, conta- gious, and dangerous diseases, the Board of Health shall have power to employ and appoint a health physician and prescribe his duties. 1012. § 6. When any person infected with any infectious, contagious, or dangerous disease has not been removed to the pest house as provided herein, the Board of Health is hereby authorized to guard against the spread of such disease by estab- lishing limits, within which no person shall enter exce})t those necessarily in attendance upon such person, or upon the order of the board, and by adopting any other means which may to them seem advisable. It shall be the further duty of the Board of Health to cause a notice, written or printed in large letters, to be THE CITY OP LINCOLN. 275 placed upon or near any house in which any person may be af- fected or sick with any such disease, upon which shall be written or printed the name of such disease, and any person willfully en- tering such limit at such times contrary to the provisions of this section, or who shall deface, alter, mutilate, destroy or tear down or remove the notice herein named without permission from the Board of Health, shall upon conviction be fined in any sum not exceeding one hundred dollars. 1013. § 7. That for the purpose of guarding against the in- troduction of contagious, infectious, or dangerous diseases, it is hereby made the duty of all physicians and keepers of hotels or boarding houses in said city, and persons in charge of railroad trains entering the city, to report in writing to the health officer without delay every case of cholera, small-pox, scarlet fever, diph- theria, or other contagious, malignant, or unusual disease com- ing to their knowledge within the city or vicinity thereof, and every physician or other person as aforesaid willfully neglecting to report any such case, with name and residence, for more than twelve hours after obtaining knowledge of the same, shall upon conviction be fined in any sum not exceeding one hundred dol- lars nor less than twenty dollars. 1014. § 8. No person in said city having the small-pox or any other contagious or infectious disease shall leave his or her room, and no person convalescent, or recently recovered, having had such disease, shall go abroad in said city, without first obtaining from the health officer a permit in writing for that purpose; nor shall the nurse or attendant upon any patient, sick of such disease, leave the premises where such patient may be, without a permit as aforesaid, either of which may be granted in every case upon a certificate from the attending physician of such patient satisfactory to said officer; and it is hereby made the duty of the health officer, before granting any such permit, to require that such patient, nurse, or attendant shall put off and destroy the clothing worn during sickness or attendance as aforesaid, or that the same shall be so disinfected that there can be no danger of contagion therefrom. It shall be the duty of every person 276 GENERAL ORDINANCES OF coiitrolliug premises occupied by any such patient to thoroughly cleanse, fumigate, and disinfect the same. 1015. § 9. Every person being the parent or guardian, or having the care, custody, or control of any minor or other indi- vidual, shall (to the extent of any means, power, and authority of said parent, guardian, or other person that could properly be used or exerted for such purpose) cause and procure such minor or individual to be so promptly, frequently, and effectually vac- cinated that such minor or individual shall not take or be liable to take the small-pox. 1016. § 10. That every animal that is mad, or has the hy- drophobia, shall by the person owning or having the possession, charge, or control thereof be at once killed, and every animal that has been exposed to such disease shall be at once confined in some secure place for such length of time as to show that such exposure has not given such animal said disease, and so as to avoid all danger to life or health ; and the dead body of any animal that died of such disease shall be at once by such person buried not less than three feet under ground outside of the city. No ani- mal of the dog kind shall be allowed or permitted to run at large within the limits of the city of Lincoln between the first day of June and the first day of October of each year, unless the same be securely muzzled with a wire muzzle fastened on with leather strap or chain. And it shall be lawful for any policeman or other person authorized by the Mayor to kill and destroy any such animal running at large contrary to the provisions of this section. 1017. § 11. Every physician, midwife, and other person who may professionally assist or advise at any birth in the city shall make and keep a registry of every such birth, and therein enter the time and place, ward, and street and number of such birth, and the sex and color of every child born, and the name and residence of each of the parents (so far as the foregoing facts can be ascertained). Every physician and professional ad- viser who has attended any person at a last illness, or has been present by request at the death of any person in this city, shall make and keep a registry of such death, stating the cause thereof THE CITY OF LINCOLN. 277 and specifying the date, hour, place, street and number of such death. 1018. § 12. It is hereby made the duty of every person mentioned in the last preceding section (required to make or keep such registry) to file with the health officer a written report, by him signed, of all the facts in said register required to be en- tered, during the first week of the months of January, April, July, and October of each year, of all entries made during the preceding three months. 1019. § 13. It is hereby made the duty of every undertaker or other person before removing any cor[)se for burial to obtain from the Board of Health a permit so to do; and before obtain- ing such permit, he shall deposit with the health officer a certifi- cate setting forth, as nearly as can be ascertained, the name, age, sex, nativity, color, occupation, whether married or single, num- ber and street of late residence in the city, time of residence therein, place of previous residence, cause and date of death, duration of last illness, and the place and date of intended in- terment, which certificate shall be signed by the physician or surgeon in attendance at the time of death. In case a coroner’s inquest shall be held, the fact shall be stated, and the coroner shall be required to certify the fact to the Board of Health ; and no sexton or other person shall assist in or assent to or allow any such interment, or aid or assist about preparing any grave or place of deposit for any such body, for which permit has not been given authorizing the same. Such permit shall be deliv- ered by the undertaker to the sexton or any other person receiv’'- ing such corpse for burial or transportation to some other place for interment and by him returned to the health officer with the date of its receipt and the disposition of such cor[)se indorsed thereon. No interment shall be made at any place within the city limits and at no place except in a regular cemetery. 1020. § 14. It is hereby made the duty of the health officer to prepare and furnish, at the expense of the city, all the neces- sary blanks for physicians and other reports required by this or- dinance, and certificates of death, burial permits, etc. 278 GENERAL ORDINANCES OF 1021. §15. The permitting or maintaining of stagnant water on any lot or ])iece of ground within the city of Lincoln is hereby declared to be a nuisance, and every owner or occupant of a lot or piece of ground within the said city is hereby re- quired to drain or fill up said lot or piece of ground whenever the same is necessary so as to prevent stagnant water or other nuisance accumulating thereon, and it shall be unlawful for any such owner or occupant to permit or maintain any such nuisance. 1022. § 16. It shall be unlawful for any person or persons to keep any cattle, hogs, horses, or other animals in any pen, shed, or yard within the city from which any deleterious or of- fensive odor shall be emitted. 1023. § 17. No salted or green hides shall be stored in any warehouse or other building or other place within the city, so that odors arising from said hides shall annoy or disturb the oc- cupants of the houses in the vicinity thereof. 1024. § 18. No distiller, tanner, brewer, butcher, pork or beef packer, soap boiler, tallow chandler, or any other person whomsoever shall cause or suffer any offal, manure, rubbish, filth, still slops, or any refuse animal or vegetable matter, or any foul or nauseous liquors to be discharged out of or flow from any premises owned or occupied by him, or to be left in or thrown into, deposited, or upon any street, alley, avenue, public square, vacant lot, or other place in said city. 1025. § 19. No person shall permit or suffer any substance of the nature mentioned in the preceding section, which is liable to become putrid, offensive, or injurious to the public health, to remain on any premises owned or occupied by him in this city for a longer period than twenty-four hours at any one time from the first day of April to the first day of November, nor exceed- ing forty-eight hours during any other part of the year. 1026. § 20. No person shall be permitted to carry on any business or occupation in this city that is dangerous or detri- mental to life or health, and every such business or occupation shall be promptly discontinued. The city of Lincoln. 279 1027. § 21. The rendering, heating, or steaming of any ani- mal or vegetable product or substance, generating noisome or unwholesome odors or gaseous vapors, shall be conducted in steam tight kettles, tanks, or boilers, and such method adopted as will entirely condense, decompose, deodorize, or destroy the odors, vapors, and gaseous products; and no person shall be per- mitted to burn upon his premises, or in any street, alley, or other place, any animal or vegetable substance which will create noi- some or unwholesome odors. 1028. § 22. All privy vaults within that portion of the city wherein sanitary sewers may now or hereafter be constructed shall be constructed of brick laid in hydraulic cement, the walls and bottom to consist of two shells or rings of brick work, and of such form and dimensions as shown by plan on file in the of- fice of the City Engineer. All such vaults shall be constructed and connections of same with sanitary sewers shall be made under the direction and supervision of the sewer inspector. Said vaults can only be connected with the sanitary sewers through inter- vening or receiving basins, and the outlet pipe from all such vaults must not be less than three feet above their bottoms, so as to retain all solid matter and effectually prevent anything but liquid contents of the vaults from passing into the drainage pipes and receiving basins. Such vaults shall be located at such places on the premises as the health officer shall designate. It shall be unlawful for any person to locate, construct, or maintain any privy vault in the sanitary sewer district except in compliance with the provisions of this section. 1029. § 23. The owner or occupant having charge of any tenement used as a dwelling or for the purpose of housekeeping or lodging within the city limits shall furnish the same with a suitable receptacle for all kitchen-waste, slops, and garbage. 1030. § 24. The permitting of slops and garbage to be de- posited in manure heaps and thrown in the alley is hereby de- clared to be a public nuisance, and every occupant of any house, block, or dwelling within said city is hereby required to put all slops, garbage, and kitchen-waste into a receptacle on the inside 280 GENERAL ORDINANCES OF of the alley fence or alley line. And any person who shall vio- late any of the provisions of this ordinance shall upon convic- tion be fined in any sum not exceeding twenty ($20) dollars, and stand committed until such fine and the costs of prosecution are paid. 1031. § 25. The owner, agent, or person having charge of any tenement used as a dwelling or for the purpose of lodging within the city limits shall furnish the same with a suitable privy or water-closet for the accommodation of all occupants of said premises. 1032. § 26. All privies outside of that portion of the city reached by the sanitary sewers shall be furnished with a sub- stantial vault, at least eight feet deep, and made tight so that the contents cannot escape therefrom, and sufficiently secured and inclosed. 1033. § 27. No privy vaults in the city of Lincoln shall be erected or continued within twenty feet of any dwelling, shop, or well unless such vault be constructed and located in accord- ance with the provisions of section 22 of this ordinance. 1034. § 28. No person shall use any well upon any premises belonging to or occupied by him in this city as a cess pool or as a place to deposit anything of a foul, nauseous, olfensive,. or in- jurious nature, and no cess pool shall be constructed or main- tained within fifty feet of any well in said city. 1035. § 29. No person shall draw off or allow to run on any ground, street, or alley of this city, the contents, or any part thereof, of any vault, privy, cess pool, hog-pen, or sink; nor shall any owner, tenant, or occupant of any building to which any vault, sink, privy, or cess pool shall appertain or be attached permit the contents to become nauseous, foul, offensive, or inju- rious to the public health, and it is hereby made the duty of every such person to keep or cause the same to be kept in good and clean condition. 1036. § 30. No privy, vault, sink, or cess pool shall be opened nor the contents thereof disturbed or removed between the hours of 6 o^clock A. m. and 10 o’clock p. m. of any day, nor THE CITY OF LINCOLN. 281 shall such contents be deposited or buried within the city except upon the special permission of the health officer and in such manner and place as he shall direct. And ng privy vault or cess pool or sink shall be filled up or abandoned unless the contents thereof are first entirely removed, and such filling shall be done under the direction of the health officer. 1037. § 31. It is hereby made the duty of every owner, ten- ant, or occupant of any premises in this city to cause the privy vault or cess pool connected with such premises to be disinfected by using lime or some other disinfectant once in each week be- tween the 1st day of June and the 15th day of September of each year. 1038. §32. Whenever in the opinion of the Board of Health or health officer any privy vault, cess pool, or sink shall be offen- sive and need cleaning, it shall be their duty to notify the owner, agent, or occupant of the premises to which the same is appurte- nant or attached to cleanse the same within a period named in said notice, and if the person so notified shall fail to comply within the time mentioned, it shall be the duty of said board to cause said vault, cess pool, or sink to be cleansed, and the ex- pense shall be collected by civil action against the owner of such premises. And the person so failing to comply with said notice shall on conviction be fined in any sum not more than fifty dol- lars. 1039. § 33. No person, company, or corporation shall empty, clean, or remove any slops or offal, or remove any dead animal, or the contents of any privy vault, cess pool, or sink, or in any manner engage in the business of hauling dead animals, slops, or offal, or of vault, cess pool, or sink cleaning, for hire, without first having obtained a license so to do. Such license shall be issued by the City Clerk upon the recommendation of the Board of Health, and shall continue in force for one year from its date, unless sooner revoked as herein provided. The applicant shall pay to the City Treasurer for such license the sum of fifteen dol- lars. Such license may be revoked by the Board of Health at any time upon the failure of such licensee to fully observe the 282 GENERAL ORDINANCES OF provisions of this ordinance relating to his said business. Such licensee shall also execute a bond to the city in the penal sum of $500 with two or more sureties, conditioned that said licensee will comply with the })rovisions of this ordinance relating to his business, and will obey and comply with the regulations and di- rections of the Board of Health. No licensee shall be author- ized to use more than two wagons or tanks at the same time for the cleaning of privy vaults, cess pools, or sinks, and one wagon for hauling offal, manure, and other matter for which these licenses are granted. No license shall be transferred without the written consent of the Mayor indorsed thereon. Any agreement or com- bination entered into by two or more licensees, made for the purpose of monopolizing, or controlling such business, shall be deemed a violation of the provisions of this ordinance. Each wagon in use shall contain the number of the license plainly marked thereon. 1040. § 34. The cleaning, emptying, and removing the con- tents of privy vaults, cess pools, and sinks shall be done in an inoffensive manner, and any scavenger having begun such scav- enger work shall without interruption or delay finish the same and shall in every instance leave the vault, cess pool, or sink in as good condition as when the work was undertaken. In no case shall the contents of any privy vault be removed unless the same is properly disinfected before the work is commenced, and also after the completion of the cleaning. This business shall be carried on with the most strict regard to cleanliness. The con- tents so removed shall be conveyed beyond the city limits in air tight tanks or vessels and shall be disposed of in such manner as to cause no offense and as the health officer shall direct. All carts, tanks, and vessels used for the purpose must be water tight, and the same must be thoroughly washed and disinfected immedi- ately after being emptied. 1041. § 35. All persons licensed as scavengers in this city shall provide a suitable barn or enclosure for the proper storage of their tanks, carts, and tools, and in no case shall a tank or cart be permitted to stand upon the streets, alleys, or vacant lots THE CITY OF I.INCOLN. 283 of the city, except when actually employed in use in the scav- enger business. The health officer shall at least once a month cause every tank and cart that is used in the business of vault cleaning or removal of slops to be carefully inspected, and if any tank or cart be found in a leaking condition or from any cause unfit to use, he shall notify the owner of the same and such tank or cart or shall not be used until placed in good condition. Every scavenger shall place in a conspicuous place uj)on each cart or tank its number, the figures to be at least three inches in length, in white paint, upon a black ground. The business of vault cleaning shall be carried on between the hours of 10 o’clock p. M. and 6 o’clock a. m., and at no other time. 1042. § 36. If any animal shall die in the {)ossession of any person in this city, it shall be the duty of such person to cause the same to be at once removed without the limits of the city and buried or otherwise disposed of. Such burial or disposition shall be at a place prescribed by and under the direction of the health officer. In case the owner or person having charge of any such animal shall neglect or refuse to remove such dead ani- mal within ten hours after its death, the health officer shall cause the same to be removed at the expense of such owner or j)erson having charge of the same, such expenditure to be recovered in a civil action. Whenever the owner or other person having charge of any dead animal cannot be found, it shall be the duty of the health officer to cause such animal to be removed and buried at tlie expense of the city. The health officer in such work shall be allowed the assistance of such prisoners as may be confined under sentence in the city jail. 1043. § 37. It shall be unlawful for any person to deposit, or bury, on any of the streets or alleys or other places within the limits of the city of Lincoln, or cause to be buried, any carcass of any dead animal of any kind; and it shall be unlawful for the owner or person having possession of any animal that shall die to suffer the carcass of any such animal to remain within the corporate limits of said city for more than ten hours after the death of said animal, and it shall be unlawful for any person to 284 GENERAL ORDINANCES OF deposit the carcass of any dead animal within three miles of the corporate limits of said city, except under the direction of the health officer as provided in the preceding section. 1044. § 38. It is hereby made the duty of the Board of Plealth to select and provide suitable dumping grounds for the deposit of all scavenger matter, refuse, dirt, filth, and slops of the city, and to establish suitable burying ground or place for the disposal of dead animals. 1045. § 39. No slaughter house shall be established or main- tained within the limits of the city or within 500 feet outside thereof, except upon permission of the Board of Health and in accordance with the following conditions: The house, yard, or place where the killing shall take place shall have a perfectly water tight floor, in which there shall be no breaking of joints nor openings of any kind, excepting such as shall have a water tight tube with grating, one-half inch holes, making a direct connection with proper ditch or drainage on the outside of the place where the killing is done; and such floor shall be washed and cleaned at the end of every day when killing has been done on the premises, and no hog or other animal shall be permitted to run or remain under any slaughter house, and each slaughter house or place used for killing of animals shall be whitewashed at least once in every month between the first of April and the first of November of each year, and continually kept free from filth, so as not to be or become offensive or annoying or prejudi- cial to the health of any citizen or the public; Provided^ That no permit shall be granted by the Board of Health for the erec- tion of a slaughter house at any place where the same will dis- turb or annoy any of the citizens of the city. 1046. § 40. No person or persons shall slaughter any cattle, calves, sheep, lambs, or swine, nor shall any person engage in the business of slaughtering fowls within the limits of this city or within 500 feet outside thereof, except at a regularly estab- lished slaughter house as provided in the preceding section. 1047. § 41. No person or persons shall bring into this city or sell or offer for sale for human food in any market, public or THE CITY OF IJNCOLN. 285 private, any cattle, sheep, swine, lambs, fresh meat, fresh fish, game, or poultry that is diseased, unsound, unwholesome, or un- fit for human food, or which has been condemned by the inspector of live stock or health officer of the city. 1048. § 42. No diseased, blown, plaited, raised, stuffed, pu- trid, impure, overheated, or unwholesome meat or the meat of any animal, fish, bird, or fowl that may have died of disease or accident shall be held, bought, or sold or offered for sale for human food or held or kept in any market, public or private, in this city. 1049. § 43. No person or persons shall bring into this city or sell or offer for sale any cattle which have been exposed to or that are liable to communicate the cattle disease, nor the meat or milk of any such cattle. 1050. § 44. No person shall kill any cow, sheep, or hog that is pregnant, nor shall any animal be slaughtered while it is overheated or in a feverish condition. And the meat of any such animal shall not be held or sold or offered for sale for hu- man food in any market or elsewhere in this city. 1051. § 45. No calf, pig, or lamb or the meat thereof shall be bought, held or offered for sale for human food in this city, which when killed shall be less than one month old. 1052. § 46. No person or persons shall hold, sell, or offer for sale or bring into this city for sale any damaged or decayed vegetables or fruit. 1053. § 47. No person or persons shall sell, offer, or have for sale in this city any unwholesome, impure, watered, or adul- terated milk, or milk known as swill milk, or milk from cows that are fed on swill, garbage, or other like substance, or any butter or cheese made from such milk. 1054. § 48. No butcher, milk dealer, green grocer, fruit dealer, or other person dealing in any substance used for human food shall refuse to allow the health officer to fully inspect any and all substances and materials held, offered, or intended for sale, and he shall answer all reasonable and proper questions asked by said health officer relative to the condition thereof. 286 GENERAL ORDINANCES OF place where such substances and material may be and of whom procured, and it shall be unlawful for any person to molest or resist the health officer in the proper discharge of his duties. 1055. § 49. It is hereby made the duty of every hotel keeper, boarding house keeper, and restaurant keeper to provide and use a tank, made according to plans and specifications on file in the office of the City Engineer, from substantial material, lined with or made of iron, tin or zinc, and provided with a self closing lid, for tlie purpose of receiving all the sloj), offal, and waste from his place of business. 1056. § 50. Any }H*rson who shall violate any of the pro- visions of this ordinance for which a penalty is not otherwise herein provided or who shall violate any of the rules and regula- tions of the Board of Health shall upon conviction be fined in any sum not exceeding one hundred dollars and stand committed until such fine and the costs of prosecution are paid. §51. All ordinances or parts of ordinances in conflict Avith the provisions of this ordinance are hereby repealed. g 52. This ordinance shall take effect and be in force from and after the expiration of one week after its passage, approval, and publication according to laAV. Passed August 26, A. D. 1895. Approved August 26, A. D. 1895. F. A. Graham, Mayor. Attest : .T. W. Boaven, CV7i/ Clerk, [seal.] AN OKDINANCK regulating the use of horses and other animals in the city of Lincoln, prohibiting fast driving, fixing a maximnm rate of speed at Avhich animals may be driven or ridden, ywohibiting riding or driving horses in certain places, y)rohibit- ing horse racing or betting on horse racing in the city of Lincoln, prohibiting the leaving of horses nnfastened in the (‘ity of Lincoln, ywescribing y)enalties lor the A'iolation of the yu’ovisions of this ordinance, and reyjealing ordinances in conflict hercAvith. Be it ordained by the Mayor and Council of the City of Lincoln : Article XXXVIII. Horses. 1057. § 1. No person shall ride or drive any horse or horses or other animal in the city of Lincoln with greater sjieed than at the rate of six miles an hour, under jienalty of a fine of not more than twenty dollars for each offense. 1058. § 2. No person, upon turning the corner of any street, or crossing the intersection of any street in the city of Lincoln, THE CITY OF LINCOLN. 287 shall ride or drive any horse or horses or other animal with jrreater speed than at the rate of four miles an hour, under pen- alty of a fine of not more than ten dollars for each offense. 1059. § 3. No person shall ride or drive any horse or horses or other animal, in or through any alley in the city of Lincoln, or at the time of issuing from or quitting such alley, with a greater rate of speed than a walk, under penalty of a fine of not more than five dollars for each offense. 1060. § 4. No horse shall be suffered or permitted to go loose or at large in any of the streets in this city, under penalty of a fine of not more than five dollars for each offense. 1061. § 5. No person shall suffer or permit to go, or lead or ride or drive any horse upon any sidewalk in this city, under penalty of a fine of not more than five dollars for each offense. 1062. § 6. No person shall run or race any horse in any public street, road, or avenue in this city, under a penalty of a fine of not more than twenty dollars for each offense. This section shall be construed to prevent and punish the running, racing, or trotting, of any horse or horses for any trial of speed, or for the purpose of ])assing any other horse or horses, whether the same shall be founded upon any stake, bet or other- wise. 1063. § 7. No person shall leave any horse, horses, or other animal, attached to any carriage, wagon, cart, sleigh, sled, or other vehicle, in any part of the streets of this city, without se- curely fastening such horse, horses, or other animal, under pen- alty of a fine of not more than ten dollars. g 8. All ordinances or parts of ordinances in conflict with the provisions of this or- dinance are hereby repealed. (i 9. This ordinance shall take effect and be in force from and after the expiration of one week after its passage, approval, and publication according to law. Passed August 2(1, A. I). IS'Jf). Approved August 2f), A. D. 1895. F. A. Gkaiiam, Mayor. Attest : J. W. Bowen, City Clerk, [seal.] 288 GENERAL ORDINANCES OF AN ()I{|)1NAN(;E resulatiiif? liotcl runners in the city of Lincoln, providing for taxing and lic(>nsing them, i>rohihiting them from carrying on business in certain wavs, prescrii)ing penalties for the violation of the provisions of this ordinance, and re- pealing ordinances ill conflict herewith. J>e it ordained by the Mayor and Council of the City of Lincoln : Article XXXIX. Hotel Runners. 1064. § 1. That it shall be unlawful for any person or per- sons, within the corporate limits of the city of Lincoln, to solicit or run for customers for any hotel or boarding-house therein, to and from or about any depot buildings or grounds in said city, without having first complied with the provisions of this ordi- nance, and every person so offending shall, on conviction thereof, be subject to the penalty hereinafter provided. 1065. § 2. Every person who shall engage in the business of soliciting customers for hotels or boarding-houses as aforesaid in said city, shall first procure a license so to do from said city, and shall pay therefor to the Treasurer of said city, the sum of five dollars per annum, or the sum of fifty cents per month, and no such license shall be granted for a period of time less than one month. Upon presentation to the Clerk of said city of the Treasurer’s receipt for said sum or sums, said Clerk shall issue said license, under the seal of said city, which license shall spec- ify the name of the person so licensed, the number thereof^ the name of the hotel or boarding-house for which the licensee is to solicit custom, and the time said license is to run, and the same shall not be transferable. 1066. § 3. Every person so licensed shall, before engaging in said business, provide himself with a suitable badge, upon which shall be plainly inscribed the name of the hotel or board- ing-house which he represents, and also the number of his said license, which badge shall be conspicuously worn upon the per- son when soliciting customers as aforesaid. 1067. § 4. It shall be unlawful for any hotel or boarding- house runner, licensed as aforesaid, to use or practice deception of any kind upon travelers, or to annoy travelers, or others, in THE CITY OF LINCOLN. 289 plying their vocation, or to so conduct themselves at any railroad station as to annoy or interfere with the business of the railroad employes thereat, or otliers having business at such stations, or to (piarrel, curse, swear, halloo, use loud or boisterous or indecent language, or to annoy the public or any person by any sort of disorderly conduct whatever, while awaiting customers, or at any other time. 1068. § 5. It shall be the duty of the Chief of Police, in con- nection with the agents of the respective railroad companies hav- ing depots in said city, to permanently mark upon the platforms of said depots a line to which said runners may approach when soliciting customers. It shall be unlawful for any runner as aforesaid, to occupy or take up any other position or place than that so assigned to him or them, and it shall be the duty of all policemen of said city, or any special policeman on duty at said depots, to see that the provisions of this section are complied with, and all such runners as aforesaid shall be subject to the directions of any and all police officers of said city, in the proper enforcement of this ordinance. 1069. § 6. The driver of any licensed coach in said city, .who shall engage in soliciting customers for any particular hotel or boarding house in said city, in addition to that of coachman, shall also comply with the provisions of this ordinance in all par- ticulars, and be subject to all of its regulations and penalties, and in addition to the name of the hotel or house he represents, and the number of his runner’s license, shall also have inscribed upon his badge the words, Coach License No. repre- senting the coach in his charge. 1070. § 7. Any person who shall violate any of the provis- ions of this ordinance shall, upon conviction thereof, be fined in any sum not exceeding five dollars for each offense, and shall stand committed to the jail of said city until such fine and costs are paid, or secured in the manner provided by law. g 8. All ordinances or parts of ordinances in conflict with the provisions of this ordi- nance are hereby repealed. g 9. This ordinance shall take effect and he in force from and after the expiration of oiie week after its passage, approval, and publication according to law. Passed August 20, A. I). 1895. Approved August 20, A. D. 1895. F. A. Grah.VM, Maynr. Attest: J. W, Bowen, City Clerk, [seal.] 14 290 GENERAL ORDINANCES OF AN ORDINANCP] to punish vagrants and to prohibit, restrain, and suppress houses of ill- fame and prostitution in the city of Lincoln, to punish the maintaining and keeping the same, to prohibit the visiting and frequenting thereof, to prohibit all j)ersons from allowing known prostitutes to visit their rooms or houses, fixing the testi- mony recpaisite to establish the character of houses of prostitution, prescribing pen- alties for the violation of the provisions of this ordinance, and repealing ordinances in conllict herewith. Be it ordained by tlie Mayor and Council of the City of Lincoln : Article XL. Houses of III- Fame. 1071. § 1. That any building or place within the limits of the city of Lincoln, wherein indecent and lewd practices are in- dulged in and permitted, shall be deemed a house of ill-fame and prostitution. 1072. § 2. It shall be unlawful for any person or persons within the limits of said city to keep, maintain, or have control of, as mistress or otlierwise, any such house of ill-fame or pros- titution, and every person so offending shall, upon conviction thereof, be fined in any sum not less than twenty nor more than one hundred dollars for each offense, and shall be committed until such fine and costs of prosecution are paid. And all idle persons not having visible means of support and maintenance, and who live without employment, and all persons wandering abroad and living in taverns, groggeries, beer houses, market places, sheds, barns, or in open air, and not giving a good ac- count of themselves, and all persons wandering about and beg- ging, or who go about from door to door, or from place to place, or occupy public places for the purpose of begging and receiving alms, and all prostitutes, and all keepers, occupants, lessees, ten- ants, and pimps of houses used for prostitution or gambling, shall be deemed and are hereby declared to be vagrants, and upon conviction thereof shall be fined not exceeding fifty dollars, or imprisoned in the city jail not to exceed three months. 1073. § 3. It shall be unlawful for any person or persons within the limits of said city to be harbored or concealed in any such house of ill-fame or prostitution as an inmate thereof, or who shall be connected in any manner therewith, conlribuling to THE CITY OP I.INCOEN. 291 the su[)port thereof, and any person so offending shall, upon con- viction thereof, be fined in any sura not less tliau ten nor more than one hundred dollars, and shall be coraniitted until such fine and the costs of prosecution are paid. 1074. § 4. It shall be unlawful for any person within the limits of said city to visit or frequent any such house of ill-fame or prostitution in the night time, or at any other time, for the purpose of prostitution, or for the purpose of indulging in any indecent or lewd practices therein; and every person so offending shall, upon conviction thereof, be fined in any sum not less than twenty nor more than one hundred dollars, and shall be com- mitted until such fine and the costs of prosecution are paid. 1075. § 5. That it shall be unlawful for any person within said city to cause or permit any known prostitute to visit or fre- quent his or her room or lodging place in the night time or at unseasonable hours, and every person so offending shall be deemed guilty of a misdemeanor, and shall, on conviction thereof, be fined in any sum not exceeding fifty dollars for each offense, and shall be committed until such fine and costs are paid. 1076. § 6. In order to convict any person for a violation of any of the provisions of this ordinance, the character of such house or place may be established by proof that the same is gen- erally reputed to be a bawdy house, house of ill-fame, assignation house, or place for the practice of fornication. g 7. All ordinances or parts of ordinances in conflict with the provisions of this or- dinance are hereby repealed. g 8. This ordinanee shall take effect and be in force from and after the expiration of one week after its passage, approval, and publication according to law. Passed August 26, A. D. 1895. Approved August 26, A. D. 1895. F. A. Gkaham, Mayor. Attest : J. W. Bowen, City Clerk, [seal.1 292 GENERAL ORDINANCES OF AN ORDINANCES rcffulating the sale of ice and the use of ice wagons in tlie city of lancoln, prescribing penalties for the violation of the provisions of this ordinance, and repealing ordinances in conflict herewith. Be it ordained by the Mayor and Council of the City of Lincoln: Article XLI. Ice. 1077. § 1. No person shall sell or ex[)ose for sale any im- pure ice within the limits of this city; and all ice sold, offered, or exposed for sale, shall be sold by avoirdupois weight, except in cases where it may be otherwise agreed upon between the buyer and seller. 1078. § 2. All sellers of ice at the time of the delivery thereof shall be provided with suitable steelyard, balance, or other apparatus for weighing, duly adjusted, with which to weigh the quantity of ice sold, if required by the buyer. 1079. § 3. It shall not be lawful for the owner or driver of any wagon used for the sale of ice in any of the streets of this city, to permit or allow the scale, balance, steelyard, or other ap- paratus thereon, or the beam to which it may be attached, or other implements for handling ice, to project or hang outside or beyond the side or end of such wagon when in motion. 1080. § 4. Any person violating any provision of this ordi- nance shall be subject to the penalty of not more than five dollars fine for each offense. g 5. All ordinances or parts of ordinances in conflict with the provisions of this ordi- nance are hereby repealed. g 6. This ordinance shall take effect and be in force from and after the expiration of one week after its passage, approval, and publication according to law. Passed August 20, A. D. 1895. Approved August 26, A. D. 1895. F. A. Gkaham, Mayor. Attest: J. W. Bowen, City Clerk, [seal.] THE CITY OF liINCOLN. 293 AN 0RI)1NAN(’E to license and regulate intelligence olUces in the city of Lincoln, prescribing penalties for the violation of the provisions of this ordinance, and re- l)caling ordinances in conllict herewith. Be it ordained by the Mayor and Council of the City of Lincoln: Article XLII. Intelligence Offices. 1081. § 1. Any person who shall establish or keep any office or place within the city of Lincoln for the purpose of obtaining place or employment for male or female servants, laborers, or other persons, or for procuring or giving information concerning place or employment for or to snch persons, or for procuring or giving information concerning such servants, laborers, or other employes for or to employers, shall be deemed a keeper of an intelligence office. 1082. § 2. It shall be unlawful for any person or persons within the city of Lincoln to keep an intelligence office without having first obtained a license so to do as hereinafter provided. 1083. § 3. Any person desiring to conduct an intelligence office within said city, shall first execute and file with the City Clerk a bond to the city of Ijincoln in the sum of two hundred dollars, with two or more sureties, to be approved by the Mayor, conditioned for the faithful observance of all ordinances and reg- ulations of said city, and for the honest and faithful conduct of said business, which bond shall be for the benefit of any person injured or damaged by the fraud or willful misconduct of said licensee, and shall also first pay to the Treasurer of said city the sum of ten dollars, and shall file the Treasurer\s receipt for the same with the City Clerk, and thereupon, if the provisions of this ordinance have been comjilied with, said Clerk shall issue a license to conduct said business to the applicant, which license shall be signed by the Mayor and Clerk, and be attested by the seal of said city. 1084. § 4. Each license shall designate the house in which the person licensed shall keep liis office, and the number of such li- 294 GENERAL ORDINANCES OF cense, and shall continue and be in force until the expiration of the municipal year in which granted and no longer : Provided^ Said license may be revoked at any time by the Mayor at his pleasure. 1085. § 5. Any person keeping an intelligence office as afore- said who shall directly, indirectly, or through any agent, })erson, or persons, make use of any im[)roper device, deceit, false repre- sentation, false pretense, or any imposition whatsoever, for any improper purpose, or for the purpose of obtaining a fee, money, gratuity, or other thing of value from any customer, person or persons, patron or patrons, or who shall keep an intelligence office in said city without having a license as aforesaid, or after the same shall have been revoked, or shall have expired, shall, on conviction, be fined in any sum not less than one dollar nor more than one hnndred dollars, and shall stand committed until said fine and the costs of prosecution are paid. § 6. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. g 7. This ordinance shall take effect and be in force from and after the expiration of one week after its passage, approval, and publication according to law. Passed August 26, A. D. 1SD5. Approved August 26, A. D. 1895. F. A. Graham, Mayor., Attest : J. W. Bowen, City Clerk, [seal.] AN ORDINANCE providing the necessary and needful rules for the government of the City Jail in the city of Lincoln. Be it ordained by the Mayor and Council of the City of Lincoln, Nebraska: 1085a. § 1. That hereafter the following rules and regula- lations shall be observed in the government of the City Jail : Rule 1. — The Chief of Police shall, subject to the order of the Mayor and Council, have general charge of and be responsible for the management and control of the City Jail, and it shall be his duty to daily make a personal inspection of the cells, rooms, and apartments of the said jail, and he shall, from time to time, make such suggestions concerning the needs of said jail to the Mayor and Council as he shall deem proper. 10856. Rule 2. — When not rendered impossible because of lack of capacity of the jail, prisoners shall be classified, and kept apart as follows: TITE CITY OF ETNCOLN. 295 (a.) Males shall be kept separate from females. (6.) The young offenders sentenced and committed, or held for examination, shall be kept separate and apart from the old offenders. (c.) Any {U'isoner confined in said jail who is suffering from any contagions or loathsome disease shall be kept separate and apart from all others. (d.) All persons held for examination shall be kept separate and apart from prisoners sentenced and committed. 1085c. Rule 3.— Whenever any prisoner is committed who is suffering from any contagions or loathsome disease, his case shall at once be reported to the City Physicion. 1085(^. Rule 4. — All cells and apartments shall be thor- oughly washed and cleaned at least once every week ; and at least once during each of the months of May, June, July, August, September, and October of each year the walls and ceilings of all such cells and apartments shall be thoroughly white-washed or painted. All of such work shall be done by the prisoners un- der the direction of the Chief of Police. Each cell or apartment shall be thoroughly swept and aired each morning, and all linen and cotton bed clothing used in said jail shall be washed at least once a week, and all other bed clothing shall be washed as often as may be deemed necessary by the City Physician. Whenever any bed clothing has been used by a prisoner suffer- ing from any contagious or loathsome disease, and in the opinion of the City Physician the same cannot be cleansed so as to make same safe, and he shall so certify in writing to the Chief of Po- lice, then the same shall be destroyed. 1085e. Rule 5. — No intoxicating liquors, alcoholic or fer- mented, shall be furnished to prisoners or be allowed to be used by any persons confined in said jail except same shall be pre- scribed for such prisoner by the City Physician. 1085/. Rule 6 . — (a.) All persons confined in said jail shall have the right to have an attorney at law called for them, upon their request for same, at any reasonable hour, and any such attorney shall be permitted by the officer in charge to have free 296 GENERAL ORDINANCES OF cotiimunication with the prisoner so calling him, and for the proper carrying out of the foregoing provisions a suitable room shall be furnished by said Chief of Police. In no case shall any person be allowed to go into the cells or apartments where pris- oners are confined, except in the presence of and accompanied by an officer. Nor when so permitted to go into said cells or aj)art- ments shall conversation be permitted between such person and such prisoner: Providedy If there shall be a prisoner confined in said jail, who by reason of sickness or other bodily infirmity is unable to be brought to such consulting room, then the officer in charge of such jail shall permit such consultation to be had as shall be most expedient, due regard being had both for the needs of such prisoners and the proper government of said jail. (b.) Opportunity for conversation shall at all reasonable hours be permitted between any prisoner in said jail and a resident cler- gyman, as his spiritual adviser, under such conditions as shall be deemed best by the officer in charge of such prisoner. (c.) No conversation of any character shall be permitted be- tween prisoners of different sexes, or of different classes, nor shall any conversation be had between such prisoners and their friends, except in the presence and hearing of the officer in charge of such prisoner. 1085^. Rule 7. — All mails and packages for prisoners shall be opened and examined by said Chief of Police, the captain in charge of the office, or the Police Matron, and a record thereof made before delivering the same to the prisoner. And all mails and {)ackages sent out of said jail by any such prisoners shall be opened and examined by some one of aforesaid officers before same is allowed to go out of said jail. In order to prop- erly enforce this rule, it shall be the duty of the officer in charge of such prisoner, if in his judgment there is reason to believe that any attempt has been or will be made to violate same, to search such prisoner before and after any consultation is or has been permitted between such prisoner and any person. 1085/i. Rule 8. — For any violation of the rules herein pre- scribed, or for the destruction of furniture or other property of THE CITY OF IJNCOLN. 297 the jail, or boisterous and disorderly conduct by prisoners, or attempt to break jail, the officer in charge of said jail, or the of- ficer having such prisoner in custody and care, shall have power to restrain such prisoner by such force and punishment as may be deemed necessary to accomplish such restraint and to restore and maintain good order, provided no cruel or unusual punish- menl shall be inflicted. 1085i. Rule 9. — It shall be unlawful for any prisoner or prisoners to smoke cigarettes in any of the cells or any apartment of the city jail. g 10. This ordinance shall be in force and take effect from and after its passage, ap- proval, and publication according to law. Introduced by C. J. Roman, Councilman. I’assed March 18, 1805. Approved March 21, 1895. A. H. Weir, Mayor. Attest : J. W. Bowen, Oily Clerk, [seal.] AN ORDINANCE regulating street lamps, lights, post-office boxes and signs in the city of Lincoln, prescribing penalty for defacing or injuring the same, and repealing ordinances in conflict herewith. Be il ordained by the Mayor awl Council of the City of Lincoln : Article XLIII. Lamps, 1086. § 1. The Assistant Street Commissioner or Sidewalk Inspector shall have charge or control of, and shall erect, all street signs designating the names of the streets which shall be placed as the Mayor and Council may from time to time direct. 1087. § 2. The Po.st-office Department is hereby granted per- mi.ssion to attach and fasten post-office boxes to the public lamp- posts in this city; and any person or persons who shall deface, or in any way injure, any such post-office box, shall, for each offense, be subject to a fine of not more than twenty-five dollars. 1088. § 3. No person, unless authorized by the respective contractors for lighting the streets, shall at any time light or ex- tinguish, or cause to be lighted or extinguished, any lamp or light used for the purpose of lighting public streets which such contractor is or shall be required to light under his contract made 298 general ordinances op with the city, under penalty of a fine of not more than ten dol- lars for each offense. 1089. § 4. Any person breaking, mutilating, of obstructing, any of sucli lamps or liglits of this city shall be fined in any sum not exceeding ten dollars for each offense. 1090. § 5. Any person who shall break, misplace, or carry away, any of the street-signs now or hereafter to be placed on any of the public lamps, shall be fiued in any sum not exceed- ing ten dollars. 1091. § 6. Any person who shall carelessly or maliciously break, deface, or in any way injure or destroy, any public lamp or lamp-post in this city, or climb upon, or hitch any horse or other animal to any public lamp-post, or hang or place any goods or merchandise thereon, or place any goods, boxes, wood, or any other heavy material, upon or against the same, or meddle with any service pipes or stop boxes, shall be fined in any sum not exceeding twenty dollars. §7. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. § 8. This ordinance shall take effect and be in force from and after the expiration of one week after its passage, approval, and publication according to law. Passed August 20, A. D. 189.5. Approved August 26, A. D. 1895. F. A. Graham, Mayor. Attest: J. W. Bowen, GterA:. [seal.] AN ORDINANCE providing for the establishment and maintenance of a public li- brary and reading-room in the city of Lincoln, providing for a tax for the support thereof, creating a Library Board, providing for appointment of the members thereof, fixing the duties, qualifications, and terms of office of the members thereof, prescribing penalty for injuring or defacing library books or property, and repeal- ing ordinances in conflict herewith. Be it ordaived by the Mayor and Council of the City of Lincoln : Article XLIV. Library. 1092. § 1. Under and by virtue of an act of the Legisla- ture of the state of Nebraska, entitled “An act to authorize in- corporated towns and cities to establish and maintain free public libraries and reading-rooms,’^ approved February 17, A. U. 1877, there shall be established and maintained in the city of Lincoln a free public library and reading-room, for the use of the THE CITY OF I.INCOLN. 299 inhabitants of the city of Lincoln, and there shall be annually levied for the support thereof, a tax of not to exceed one mill upon the dollar valuation upon the assessment-roll of the city of Lincoln, the same to be collected, expended, and known, as a li- brary fund. 1093. § 2. At the first meeting of the City Council in July of the year 1880, there shall be elected by the Council a Library Board of nine directors, who shall be residents of the city of Lincoln, and not under twenty-one years of age, three of whom shall be chosen for the term of one year, three for the term of two years, three for the term of three years; and annually, at the first regular meeting in July, in each year, shall be elected three directors, who shall hold their office for the term of three years, and until their successors are elected and qualified, and vacancies occurring in the Board of Directors shall be filled by the Council by appointment for the unexpired term. 1094. § 3. The directors so elected shall each give to the city of Lincoln, for the faithful performance of their duties, a bond in the sum of two hundred dollars, with at least one sufficient surety, which bond shall be approved by the Mayor and filed with the City Clerk. 1095. § 4. The Library Board shall have such powers as are conferred by the act of the Legislature aforesaid, and it shall, annually, on or before the first Monday in June in each year, make to the City Council, and file with the City Clerk, their re- port, as in said act provided, with such other matters as the Council may by resolution require. 1096. § 5. The Library Board shall, at the first meeting of the Council after their election and organization, report the fact of their organization to the City Council, and file the same with the Clerk. They shall, from time to time, as they may make, adopt, or amend, alter or revise, by-laws, rules, or regulations, for the use of the government of the library or reading-room, report the same to the City Council, and file a copy thereof with the City Clerk, and the same shall be by the Clerk recorded at large and indexed in the records of his office. 300 GENERAL ORDINANCES OF 1097. § 6. Any j)erson who shall willfully or maliciously cut, write upon, injure, deface, tear, or destroy, any hook, news- paper, plate, picture, engraving, or other thing of value, belong- ing to the Lincoln Public Library, shall be liable to a fine of not more than fifty dollars for each offense. § 7. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. 'i 8. This ordinance shall take effect and be in force from and after the expiration of one week after its passage, apjwoval, and publication according to law. Passed August ‘id, A. D. 1895. Approved August 26, A. D. 1895. F. A. Graham, Mayor. Attest : J. W. Bowen, City Clerk, [seal.] AN ORDINANCE to regulate and license transient dealers and license and regulate certain occupations in the city of Lincoln, prescribing penalties for the violation of the provisions of this ordinance, and repealing ordinances in conflict herewith. Be it ordained by the Mayor and Council of the City of Lincoln : Article XLV. Licenses. 1098. § 1. It shall not be lawful for any person, associa- tion, or corporation, to exercise, carry on, or engage in, any of the following occupations, trades, or agencies, in the city of Lin- coln, without a license therefor from said city, and the charge of such license shall be respectively as follows: Amusements, see article III of chapter XIV. Auctioneer, one hundred dollars per year. Book agent, fifty cents per day, |1.50 per week, three dollars jier month, or ten dollars per year. Billiard table or ball alley, ten dollars per year. Bill-posters, fifteen dollars per year. Clairvoyant or fortune teller, fifty dollars per year. Coach, omnibus, cab, or carriage driver, ten dollars per annum. Commercial agency, thirty dollars per year. Corn doctor, ten dollars per year. Dray, cart, or wagon driver, ten dollars per annum for two- horse vehicle, five dollars per annum for one-horse vehicle. Hawker of fruit, ten dollars per month, thirty dollars for six months, or sixty dollars per year. THE CITY OF IJNCOT.N. 301 Hawker of butter, eggs, vegetable and farm produce, two dol- lars per week, five dollars per month, ten dollars for six months, or fifteen dollars per year. Hotel runner, five dollars per annum, fifty cents per month. Meat or fish peddler, one dollar per day or fifty dollars per year. Intelligence office, ten dollars j)er annum. Patent right dealer, two dollars })er week, or fifteen dollars per year. Pawnbroker, thirty-five dollars per annum, twenty dollars for six months. Peddler of trees, shrubs, and plants, two dollars per week, or ten dollars per year. Peddler of merchandise, two dollars per week, five dollars per month, twenty-five dollars for six months, or fifty dollars per year. Plumber, five dollars per annum. Resident merchants, fifty dollars per annum. Scavenger, fifteen dollars per annum. Steam carousals, one hundred dollars per annum, twenty-five dollars per month, five dollars per week. Telegraph companies, fifty dollars per annum. Telephone companies, five hundred dollars per annum. Transient dealer, five per cent of value of stock. Weigh-master, ten dollars per month. Every person who shall sell or offer any goods, wares, mer- chandise, for sale, barter, or exchange, at any place in, upon, along, or through, the streets, avenues, or alleys, by going from place to place to sell or dispose of the same, shall be deemed a peddler of merchandise. The word merchandise shall be con- strued to mean any article to be found in any branch of the mer- cantile business, or any article that may be classed as goods, wares, or merchandise. Street fakir, meaning one who shall upon any of the streets or sidewalks expose or offer or cry for sale any goods, wares, or merchandise, or articles of any kind, at any stand, street corner, or vehicle, ten dollars per day. 302 GENERAL ORDINANCES OP 1099. § 2. That any person, company or corporation who shall bring or cause to be brought into the city of Lincoln for the purpose of selling or offering for sale any specific stock of goods, wares or merchandise, or bankrupt or damaged goods, or stocks of merchandise, shall be deemed and considered under the provisions of this ordinance transient dealers. 1100. § 3. That all transient dealers as described in section 2 of this ordinance, before offering for sale any such property within the city of Lincoln, either at auction or otherwise, shall pay to the City Treasurer a sum equal to five per cent of the fair cash value thereof. The provisions of this ordinance shall apply to any addition or increase to such goods, wares, or merchandise, or bankrupt or damaged goods, or stocks of merchandise. 1101. § 4. Any transient dealer, before entering upon such business, or offering any such property for sale, shall make a sworn statement of the value thereof, naming generally the kind of goods, and location thereof, and where the same are to be of- fered for sale, and file such statement, and an application for a license, with the Treasurer of the city of Lincoln. If said Treasurer is satisfied that such statement represents the fair value of such property he shall, upon payment of a sum equal to five per cent of the amount of such statement by the applicant, issue and give a receipt therefor and the City Clerk shall issue a li- cense thereon, as in other cases of licenses under the ordinances of the city of Lincoln. Should such Treasurer not be satisfied with the correctness of such statement he may cause an exami- nation or appraisement of such property to be made by some competent person or persons to be by him appointed, and if upon said appraisement it is ascertained that the statement heretofore provided for is not a representation of its fair value, such Treas- urer shall require the payment of the per cent above provided for to be paid upon such appraisement, and a further sum of five dollars per day for each of the appraisers appointed for the time actually consumed by them in making such examination or ap- praisement. For the purpose of making such examination and appraisement, or either of them, it is hereby made the duty of THE CITY OF I.INCOLN. 303 such transient dealers to allow such Treasurer and appraisers to enter any building or place where such property or any part thereof may be situated, and a full and free access to said prop- erty for au examination or valuation thereof, and to render what- ever assistance that may be necessary to accomplish such exami- nation or appraisement. 1102. §*5. Any such transient dealer, whether in person or by agent, offering for sale or selling any such property without first paying to the City Treasurer five per cent of the valuation thereof, as provided in this ordinance, and appraisers’ fees when- ever chargeable under this ordinance, or violating or refusing to perform any of the provisions of this ordinance, such person, company, or corporation, or any agent thereof, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than ten dollars nor more than one hundred dollars, and stand committed until such fine and costs are paid ; and each day any such [)roperty may be offered for sale without first comj)lying with the provisions of this ordinance shall be deemed and considered a separate and distinct violation thereof. 1103. § 6. Magnifying glass or telescope on street, two dol- lars per week. Lung tester on street, five dollars per week, twenty-five dollars per month, one hundred dollars per year. Muscle developer on street, ten dollars per week. Public balls, each, ten dollars. Public masquerades, each, ten dollars. Pedestrian exhibition or bicycle race, per day, two dollars. Wrestling exhibition, each, ten dollars. Weapons carried on person, fifty cents. Shooting gallery, two dollars per day, ten dollars per month, thirty dollars per year. Exhibition of freaks, natural curiosities, jugglery, sleiglit-of- hand, peep-show. Punch and Judy shows, and exhibitions of a like nature on streets, two dollars per day, five dollars per week. Exhibitions of stereoscopic views, and like exhibitions, in a 304 GENERAL ORDINANCES OF building, three dollars per week: Provided^ This requirement shall not apply to such exhibitions given in buildings for which an amusement license has been issued. 1104. § 7. No license shall be granted to sell or give away medicines or liniments of any kind upon the street; nor shall any license be granted to operate or conduct any wheel of fort- une, gambling device, or game of chance, upon th^ streets, or elsewhere in the city. 1105. § 8. All licenses issued by the city for any purpose for one year, shall, unless otherwise provided by ordinance, expire on the third Tuesday in April following their date, and a pro- portionate part of the annual license fee shall be charged for the portion of the year in which taken out : Provided^ That no an- nual license shall be issued for less than one-half the yearly fee. 1106. § 9. The City Clerk shall not issue any license until the party applying therefor shall have paid into the city treasury the sum of money charged therefor by ordinance. 1107. § 10. The City Treasurer shall, upon the payment to him of the charge for any license, give a receipt, stating the amount paid, the nature of the license desired, for what time, and to whom to be issued. The receipt shall be delivered to the City Clerk, who shall at once issue to the proper party the license desired. 1108. § 11. All licenses shall be signed by the Mayor and countersigned by the City Clerk, and shall be invalid for all pur- poses until so signed and countersigned. 1109. § 12. The City Clerk shall keep a register of all li- censes, showing their nature, date, expiration, and to whom issued. 1110. § 13. A license may be issued to any corporation, asso- ciation, or partnership, or to two or more persons engaged in any joint enterprise, the same as to a single person, and for the same charge. 1111. § 14. Licenses in favor of employers shall protect the employes of the person, partnership, or corporation, including officers of corporations, engaged by the licensee or licensees in con- ducting or carrying on the business, trade, or vocation licensed. THE CITY OP EINCOLN. 305 1112. § 15. This ordinance shall not apply to retail venders of vegetables, eggs, butter, and farm produce, raised by such venders from their own farm or garden, or the farm or garden of their employer, or of any article manufactured within the limits of the city, or within three miles thereof, in the manufact- ure of which labor performed within said territory constitutes one-half or more of the value, but this shall not be held to apply to any medicinal or other compound. 1113. § 16. Any person who shall violate any of the pro- visions of this ordinance shall, upon conviction, be fined in any sum not more than one hundred dollars. § 17. All ordinances or parts of ordinances in eonflict with the provisions of this ordinance are hereby repealed. § 18. This ordinance shall take effect and be in force from and after the expiration of one week after its passage, approval, and publication according to law. Passed August 26, A. D. 1895. Approved August 26, A. D. 1895. F. A. Graham, Mayor. Attest : J. W. Boweii, City Clerk, [seal.] AN ORDINANCE for suppression of vice, immorality, and unseemly conduct within the city of Lincoln, and to promote the peace, good order, and general welfare thereof, prescribing penalties for violation of the provisions of this ordinance, and repealing ordinances in conflict herewith. Be it ordained by the Mayor and Council of the City of Lincoln : Article XL VI. Misdemeanors y Miscellaneous Practices. 1114. § 1. It shall be unlawful for any person or persons within the limits of the city of Lincoln, to indulge or engage in any loud, boisterous hallooing, or to make any loud or unusual noise, or to quarrel, curse, swear, or use obscene or indecent lan- guage. 1115. § 2. It shall be unlawful for any person or persons within the limits of said city to indulge or engage in any riot- ous, tumultuous, or disorderly conduct, or to fight by agreement or otherwise, or to assault another person in a menacing or threatening manner, or to do or engage in any other disorderly act or conduct tending to disturb the peace and quiet of said city. 1116. §3. It shall be unlawful for any person or persons 306 GENERAL ORDINANCES OF within the limits of said city to disturb the peace and quiet of any person, family, or neigliborhood, or any public assembly, or assembly of persons for religious worship, by any loud or un- usual noise, boisterous laugliing or talking, bellowing, quarrel- ing, swearing, obscene or indecent language, or by any other means or device whatever. 1117. § 4. Itsliall be unlawful for two or more persons to assemble together within the limits of said city upon any side- walk or street thereof, in front of or adjacent to any store, shop, saloon, or other place of business, so as to obstruct the public right-of-way along said street or sidewalk or entrance to said place of business, or so as to obstruct or injure the carrying on of any lawful business in any of the places aforesaid, by loud or unusual noises, loud talking, cursing, swearing, obscene or inde- cent language, or by any other means or device whatever. 1118. § 5. It shall be unlawful for any person or persons within said city to advertise in any manner or collect together by any means at any place, any persons for the purpose of making or giving any exhibition of boxing, with or without gloves, or any boxing or fighting match or matches of similar character, or to advertise or propose to hold or exhibit or collect persons to- gether for the purpose of exhibiting or making any sparring or boxing match or matches, or prize fight or fights. 1119. §7. It shall be unlawful for any persons other than the Chief of Police and duly appointed and acting policemen, to wear or display any policeman^s star or other badge tending to designate the wearer as being a policeman, within the corporate limits of the city of Lincoln. 1120. § 8. It shall be unlawful for any person or persons within the limits of said city to wear the dress or appear in any public place in the dress or garb of the opposite sex, or to as- sume the dress of the opposite sex in and upon the streets, alleys, or other public places, in said city. 1121. § 9. It shall be unlawful for any person or persons within the limits of said city to make an indecent exposure of his or her person, or to commit any indecent or lewd act, or to THE CITY OF EINCOLN. 307 sell or oiler for sale, or dispose of in any manner, any obscene, lewd, or indecent book, [)ictnre, or other publication or thing; or to exhibit or perform any indecent, immoral, lewd, or obscene play. 1122. § 10. It shall be unlawful for any person or persons within the limits of said city to set dogs or other animals to fighting, by agreement or otherwise, or in any manner to urge forward or encourage the same. 1123. § 11. It shall be unlawful for any person or persons within the limits of said city, to erect or maintain any building or structure in such a manner as to be unsafe, injurious, or an- noying to the public; or to allow any sidewalk, curbstone, gut- ter, awning, or awning post, to be placed or remain in a danger- ous condition ; or to place or suffer to remain on any sidewalk or street, any obstruction injurious to the public use of the same. 1124. § 12. It shall be unlawful for any person or persons within the limits of the city of Lincoln to purposely, willfully, or maliciously, injure in any manner, or destroy, any real or personal property of any description belonging to another per- son, or in charge of another as agent or factor. 1125. § 13. It shall be unlawful for any person within said city to get or become drunk, and any person so offending shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be subject to the penalty hereinafter provided. 1126. § 14. It shall be unlawful for any person within said city to willfully, maliciously, or negligently, place or throw, or cause to be placed or thrown, upon the premises of another, any filth, refuse matter, or other thing, to the annoyance of the owner or occuj)ant thereof, and every person so offending shall be deemed guilty of a misdemeanor, and on conviction thereof shall be sub- ject to the penalty hereinafter j)rovided. 1127. § 15. It shall be unlawful for any person or persons within the limits of said city to hitch, tie, or fasten, or otherwise leave any animal or animals, where it or they may do damage to any shade, fruit, or ornamental tree, along any street, alley, or avenue, or upon any lot or lots abutting thereon in said city. 308 GENERAL ORDINANCES OF 1128. § 16. It shall be unlawful for any owner of any lot or parcel of ground in this city to allow or permit weeds to grow, or remain when grown, on such lot, block, or parcel of ground, but all weeds growing on any lot, block, or parcel of ground, shall be cut close to the ground, and so kept. 1129. § 17. That it shall be unlawful for any licensed ped- dler, hawker, auctioneer, or other person or persons, within the corporate limits of the city of Lincoln, to cause any street, side- walk, or crosswalk, within said city, to become obstructed so as to prevent or obstruct the free use of the same by the public, by enticing or gathering a crowd of persons thereon. 1130. § 18. It shall be unlawful for any person to have in his possession any nippers of the description known as burglars’ nippers, pick-lock, skeleton key, key to be used with a bit or bits, jimmy, or other burglar’s instrument or tool of whatsoever kind or description, unless it be shown that such possession is in- nocent, or for a lawful purpose. 1131. § 19. It shall be unlawful for any person to wantonly mar, injure, deface, or destroy, any fence, guide-post, sign-board, or awning, in any street or public place in the city. 1132. § 20. It shall be unlawful for any person to stop or obstruct the passage of the water of any street, gutter, or public sewer, culvert, water-pipe, or hydrant laid or placed by the city. 1133. § 21. No person shall throw, cast or put into, drop or leave in any street, alley, lane, public })lace or any uninclosed public grounds in the city of Lincoln, any stone, missiles, nails, ice, glass, iron or any other metal, or any hay, straw, paper, parings of fruit or vegetables, or any other article or thing, except ashes on unpaved streets or alleys. 1134. § 22. No person shall throw, cast, lay or place on any sidewalk in the city of Lincoln, the rind or peel of any orange, banana, apple or other fruit. 1135. § 23. It shall be unlawful for any person to cut, in- jure, mark, or deface, any public building belonging to the city, or any station-house, or engine-house, or any tree, grass, or THE CITY OF LINCOLN. 309 shrub, or walk in any square, or public park, or any sewer, water-pipe, or hydrant, laid or placed by the city. 1136. § 24. It shall be unlawful for any person to paste, post, paint, print, or nail, any hand-bill, sign, poster, advertise- ment, or notice of any kind, on any curb-stone, flag stone, or any other portion or part of any sidewalk, or upon any tree, lamp- post, hitching-post, telegraph pole, hydrant, or upon any private wall, door, or gate, or fence, without the consent in writing of the owner of such wall, door, gate, or fence. 1137. § 25. No person shall obstruct or encumber any street corner, or other public [dace of the city, by lounging in or about the same; and after being requested to move on by any police officer, and refusing, the person so offending shall be deemed guilty of a misdemeanor, and punished as hereinafter |)rovided. 1138. § 26. That it shall be unlawful for any person or per- sons to break, tear up, remove, or destroy, any stone or stake marking any street, lot, block, or public ground, or any other public monument of any kind within the limits of the city of Lincoln, except by state or city authority, and any person so of- fending shall, on conviction thereof, be subject to the penalty hereinafter provided. 1139. § 27. It shall be unlawful for any person or persons within the limits of said city, to tear u[), break, remove, or de- stroy, or in any manner to injure, any of the curb-stones, or gut- ters, along any street or public thoroughfare in said city, or to tear up, injure, or destroy, any bridge, building, tools, imple- ments, or other city property. 1140. § 28. All idle persons, who, not having visible means of support, live without lawful employment; all persons habitu- ally idly loitering about, or wandering abroad, and visiting or staying about drinking saloons, houses of bad repute, gambling houses, or railroad depots, or lodging in out-houses, market- places, sheds, barns, or in the open air, and not giving a good account of themselves; all persons wandering abroad and beg- ging, or who go about from door to door, or place themselves in the streets, or other public places, to beg or receive alms, shall 310 GENERAT. ORDINANCES OF be deemed vagrants, and, upon conviction, fined in any sum not more than fifty dollars or imprisoned in the city jail not to ex- ceed three months. [Vide 1072.] 1141. § 29. It shall be unlawful for any person to sell, offer for sale, or give away, or to hawk, or cry for sale, upon any street or other public place in this city, any medicine, liniment, drug, salve, or any other substance, compound, or liquid, possess- ing, or pretended to possess, curative powers, or to be a specific or cure for any disease or ailment of the human body. And it shall be unlawful for any person to maintain or operate for hire, gain, or reward, at any place within this city, any game of chance, or mixed game of chance or skill, or to so maintain and operate any wheel of fortune, photograph-rack, or lottery of any kind, cane-rack, knife-board, baby and ball rack, or any other thing of a similar nature. 1142. § 30. It shall be unlawful for any person to inde- cently exhibit any stud horse or bull, or let any such liorse to any mare or mares, or any bull to any cow or cows, within the limits of this city, unless in some inclosed place out of public view. 1143. § 31. It shall be unlawful for any person to inhu- manly, unnecessarily, or cruelly beat, injure, or otherwise abuse any dumb animal, or overload any team; or expose any calves or sheep upon the streets or sidewalk with their legs tied. 1144. § 32. Any person who is diseased, maimed, mutilated, or in any way deformed so as to be an unsightly or disgusting object, or an improper person to be allowed in or on the streets, highways, thoroughfares, or j)nblic places in this city, shall not therein or thereon expose himself or herself to public view under the penalty of a fine of one dollar for each offense. On convic- tion of any person for a violation of this section, if it shall seem proper and just, the fine provided for may be suspended, and such person detained at the police station, where he shall be well cared for until he can be sent to the county poor farm. 1145. § 33. It shall be unlawful for any person or persons, jn the city of Lincoln, to sell, give, or furnish, any cigarette, or THE CITY OF LINCOLN. 311 cigarettes, or tobacco in any of its forms to any minor under fifteen years of age. 1146. § 34. It shall be unlawful for any person within the limits of the city of Lincoln to keep or maintain, or become an inmate of or frequent, or in any way contribute to the support and Maintenance of any opium joint, or place, house, or room, where opium is smoked, or where persons assemble for the pur- pose of smoking opium or inhaling the fumes thereof. 1147. § 35. It shall be unlawful for any person to permit any bear, wolf, or other noxious or dangerous animal, to run at large, or to lead any such animal with a chain or rope or other appliances, whether such animal be muzzled or unmuzzled, in any street, avenue, lane, highway, or public place, within the limits of this city. 1148. § 36. It shall be unlawful for any person to erect any booth, or establish or fix any stand for the sale of fruit, books, or other merchandise, or any article or thing of value whatever, incumbering any part or portion of the streets or sidewalks: Provided^ That the mayor may grant permits for such purpose whenever the application for sucih permits shall- be accompanied by the consent in writing of each and every person occupying the premises in front of which it is proposed to locate under such permission. 1149. § 37. It shall be unlawful for any j)erson or persons to drive sleighs, cutters, or similar vehicles, in the streets of this city without having bells attached to either horse or vehicle. 1150. § 38. It shall be unlawful for any person or persons to receive, buy, or conceal, any goods, chattels, or pro[)erty of any kind whatsoever, that shall have been stolen or taken by any robber, knowing tlie same to have been stolen, and with the intent to defraud or conceal the same from the owner or owners thereof. 1151. § 39. Any person or persons violating any of the pro- visions of this ordinance, for which a penalty is not otherwise provided, shall, on conviction thereof, be fined in any sum not exceeding one hundred dollars. 312 GENERAL ORDINANCES OF § 40. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby rei)ealed. g 41. This ordinance shall take effect and be in force from and after the expiration of one week after its passage, approval, and publication according to law. Passed August 26, A. 1). 1805. Ai)proved August 26, A. D. 1895, F. A. Graham, Mayor. Attest: J. W. Bowen, City Clerk, [seal.] AN ORDINANCE to provide for the filling and draining of lots and pieces of ground within the city of Lincoln, and to prevent the collection of stagnant water and other nuisances U])on the same, i)rescribing penalties for the violation of the pro- visions of this ordinance, and repealing ordinances in conflict herewith. Be it ordained by the Mayor and Council of the City of Lincoln : Article XLVII. Nuisances, 1152. § 1. It shall be the duty of the owners of lots or parts of lots or pieces and parcels of ground within the city of Lincoln to drain or fill such lots whenever any stagnant water or other nuisance accumulates upon the same. 1153. § 2. It shall be the duty of the owners of such lots or pieces of ground to drain or fill or otherwise dispose of any of the stagnant water or other nuisance which shall accumulate upon such lots within ten (10) days from the time that they are notified to drain or fill such lots or pieces of ground by resolution passed by the Council of the city of Lincoln, Nebraska, and served upon the owners of such lots or pieces of ground. 1154. § 3. In case that such owners of such lots or parts of lots or pieces of ground within said city shall for the period of ten (10) days after such notice has been served upon them, as herein provided, fail to drain or fill such lots or parts of lots or pieces of ground so as to remove the stagnant water or any other nuisance from the same, it shall be lawful for the Street Commis- sioner of said city to drain or fill such lots or parts of lots or pieces of ground so as to remove all stagnant water or any other nuisance that may have collected upon the same, upon being au- thorized so to do by a resolution of the Council. 1155. § 4. The resolution authorizing the Street Commis- sioner to so drain or fill such lots or parts of lots or pieces of THE CITY OP" LINCOLN. ground shall designate and describe the lots to be drained or filled and the kind and quality and the estimated amount of work to be done upon said lots or parts of lots or pieces of ground so as to properly drain or fill the same. 1156. § 5. It shall be the duty of the Street Commissioner, within ten (10) days after the passage of the resolution authorizing and empowering him to drain and fill such lots or parts of lots and pieces of ground, to properly drain and fill the same as pro- vided for in the resolution directing such improvements to be made upon such lots. 1157. § 6. The cost of draining or filling such lots or parts of lots or pieces of ground when done by the city shall be assessed against the respective lots and pieces of ground, and shall be a special assessment and create a sinking fund for the purpose of paying for the draining and filling of such lots or parts of lots or pieces of ground and shall be collected as other taxes. 1158. § 7. The costs of such improvements shall be levied and assessed by the Council at one of its regular sessions after giving ten (10) days’ notice by one publication in a newspaper published and of general circulation in the city of Lincoln, Neb., of such contemplated levy and assessment, and such taxes or as- sessment so levied and assessed for the purposes aforesaid shall become delinquent within fifty (50) days from the date of their assessment and thereafter shall bear interest at the same rate per cent per annum as other delinquent taxes and shall be a lien upon the property improved. 1159. § 8. Notice as herein j)rovided for shall be served by the Street Commissioner or his assistant upon the property holders by leaving a correct copy of such notice at the usual place of residence of the owners of such lots or by delivering such a copy to them personally; and in case the owners of such lots are non- residents of Lancaster county, or non-residents of Lancaster county and the state of Nebraska, then such notice shall be served upon the agents of such owners, and if there be no agents, then by publishing the same one time in a newspaper published in and of general circulation in Lincoln, Lancaster county, Ne- 15 314 genp:rai. ordinances of braska, and such Street Commissioner shall make return, under oath, of his doings under this ordinance to the Council. g 9. This ordinance shall take effect and be in force from and after its passage, ap- proval, and publication according to law. Passed August 26, A. I). 1895. Approved August 26, A. D. 1895. F. A. Graham, Mayor. Attest : J. W. Bowen, City Clerk, [seal.] AN ORDINANCE to prescribe limits within which oil shall not be kept in greater quantities than five barrels in the city of Lincoln, prohibiting the keeping or stor- ing of oil in greater (juantities than five barrels within said limits, prescribing pen- alties for the violation of the provisions of this ordinance, and repealing ordinances in conflict herewith. Be it ordained by the Mayor and Council of the City of Lincoln: Article XLYIII. Oils, 11 GO. § 1. It shall be unlawful for any person or persons, whether as principal, clerk, servant, agent, business manager, custodian, or otherwise, to have on hand, to store in, or keep at, any room, building, hou.se, yard, car or cars, depot, or place within the corporate limits of the city of Lincoln, any greater quantity than five barrels of illuminating oils or oil of any name, character or description, whether known as benzine, benzole, rock oil, burning fluid, naphtha, gasoline, petroleum oil, or any of the refinements, compounds, or products, of petroleum in any of its forms, by whatever name such oil or oils may be called or known: Provided, That this article shall not be construed to prevent the keeping and storage of any such oils on the west side of Fourth street in said city. 1161. § 2. Whoever shall be convicted of a violation of this section shall be fined in any sum not less than twenty dollars nor more than one hundred dollars, and the costs of prosecution, and stand committed to the jail of said city until such fine and costs are paid. 1162. § 3. Whoever, whether as principal, clerk, servant, agent, business manager, custodian, or otherwise, sliall continue to keep on hand, store in, or keep at, any room, building, house. THE CITY OF LINCOLN. 315 yard, depot, or place, within the corporate limits of the city of Lincoln, where prohibited by the first section of this ordinance, any greater quantity than five barrels of the oil or oils of the kinds named or described in the first section hereof, after having been convicted of a violation of section one of this ordinance, shall be fined in the sum of twenty-five dollars and costs of prosecution, and shall stand committed until such fine and costs are paid, for each and every day he shall so continue to have on hand, store, or keep at such place, or within the limits aforesaid, a greater quantity of such illuminating oil or oils than five barrels. ^ 4. All ordinances or parts of ordinances in conflict with the provisions of this or- dinance are hereby repealed. g 5. This ordinance shall take effect and be in force from and after the expiration of one week after its passage, approval, and publication according to law. Passed August 2rt, A. D. 1895. Approved August 2(i, A. D. 1895. F. A. Graham, Mayor. Attest : J. W. Bowen, City Clerk. AN ORDINANCE regulating the passage and publication of the ordinances of the city of Lincoln, fixing the duties of the City Clerk and other ofiicials in connection therewith, directing manner of prosecution when more than one ordinance has been violated, providing and declaring theefl'ectof repeals, declaring rules of con- struction of ordinances and terms and phrases thereof, prescribing penalties and fixing punishment for violation of ordinances in which no fine or penalty is de- clared, providing for disposition of revisions and })ublication of the ordinances, and repealing ordinances in conflict herewith. Be it ordained by the Mayor and Council of the City of Lincoln: Article XLIX. Oi'dinances. 1163. § 1. All ordinances passed by the City Council shall be recorded by the Clerk in a proper book or books with indexes. The originals shall be filed in the Clerk’s office, and due proof of the publication of all ordinances requiring publication by the affidavit of the printer or publisher, shall be procured by the Clerk and attached thereto, or written and attested upon the face of the record of such ordinance. 1 164. § 2. In all cases where the same offense may be made punishable or shall be created by different clauses or sections of the ordinances of the city, the prosecuting officer may elect under 316 GENERAL ORDINANCES OF which to proceed; hut not more than one prosecution shall be had against the same person for the same offense. 1165. §3. When any ordinance re})ealing a former ordi- nance, clause, or provision, shall be itself repealed, such repeal shall not be construed to revive such former ordinance, clause, or provision, unless it shall be therein so expressly provided. 1166. § 4. Whenever any words in any ordinance import- ing the plural number shall be used in describing or referring to any matters, parties, or persons, any single matter, party, or per- son, shall be deemed to be included, although distributive words may not be used. And when any subjeet-matter, party, or per- son, shall be referred to in any ordinance by words importing the singular number only, or the masculine gender, several mat- ters, parties, or persons, and females as well as males, and bodies corporate, shall be deemed to be included : Provided^ That these rules of construction shall not be applied to any ordinance which shall contain any express provision excluding such construction, or where the subject-matter or coutext of such ordinance may be repugnant thereto. 1167. § 5. Whenever in any ordinance the doing of any act or the omission to do any act or duty is declared to be a breach thereof, and there shall be no fine or penalty declared for such breach, any person who shall be convicted of any such breach shall be fined in any sum not exceeding one hundred dollars. 1168. § 6. All printed books containing the revised ordi- nances shall be deposited with the City Clerk. He shall deliver one copy thereof to each officer of the city, and to such other persons as the City Council may direct. 1169. § 7. The Mayor shall have power to extend to or re- ciprocate courtesies of other cities, by presenting to them a copy of the revised ordinances bound at the expense of the city in such manner as to him may seem suitable. § 8. All ordinances or parts of ordinances in conflict with the provisions of this or- dinance are hereby repealed. I 9. This ordinance shall take effect and be in force from and after its passage, approval, and publication according to law. Passed August 2(j, A. D. 1895. Approved August 26, A. D. 1895. F. A. Graham, Mayor. Attest : J. W. Bowen, Oity Clerk, [seal.] THE CITY OF LINCOLN. 317 AN ()RI)1NAN(U^ to rcj^uliite and license pawnbrokers and second-hand dealers in the city of Lincoln, fixing the amount of license and tax, prohibiting the operation of the pawnhroking business save under certain conditions, i)rescribing i)enalties for the violation of the provisions of this ordinance, and repealing ordinances in con- llict herewith. Be it ordained by the Mayor and Council of the City of Lincoln : Article L. Pawnbrokers. 1170. § 1. That all persons within the city who loan money on the deposit or pledge of any personal property, or who deal in the purchasing of personal property on condition of selling the same back again at a stipulated price, shall be deemed pawn- brokers within the meaning of this ordinance. 1171. § 2. It shall be unlawful for any person or persons within the city of Lincoln to carry on the business of a pawn- broker without having first obtained a license so to do, as here- inafter provided. 1172. § 3. Any person desiring to conduct the business of a ])awnbroker within said city, shall first execute and file with the City Clerk a bond to the city of Lincoln in the sum of five hundred dollars, with one or more sureties, to be approved by the Mayor, conditioned for the faithful observance of all ordi- nances and regulations of the said city relating to pawnbrokers, and the honest and faithful conduct of said business, which bond shall be for the benefit of any person injured or damaged by the fraud or willful misconduct of said business. 1173. § 4. Applicants for a license to conduct said business within said city, shall also first pay to the Treasurer of said city the sum of thirty-five dollars for an annual license, or twenty dollars for a semi-annual license, and shall file the Treasurer’s recei|)t for the same with the City Clerk, and thereupon if the provisions of section 3 hereof have been complied with, said Clerk shall issue a license to conduct said business to the appli- cant for the desired time, which license shall be signed by the Mayor and said Clerk, and be attested by the seal of said city. 1174. § 5. All persons who shall be engaged in the business 318 GENERAL ORDINANCES OF of pawnbrokers or second-hand dealers shall keep a book in which shall be legibly written in ink, at the time of any loan or purchase, an accurate account or description in the English lan- guage of the goods, articles, or things pawned, pledged, or pur- chased, the amount of money loaned or paid therefor, the time the same was received, and the name, residence, and description of the person pawning, pledging, or selling the same; which book as well as the articles pawned or purchased shall at all reasonable times be open to the inspection of the Chief of Police or any member of the police force. 1175. § 6. It shall be the duty of every such ])awn broker or second-hand dealer to make out and deliver to the Chief of Police every day before the hour of 12 m. a legible and correct copy from the book required in the preceding section hereof of all personal property or other valuable things received, deposited, or pur- chased during the preceding day, together with the time when received or purchased and a description of the person or persons by whom left in pledge. 1176. § 7. No personal property received on pledge by any such pawnbroker shall be sold or permitted to be redeemed from the place of business of such person for the space of twenty- four hours after the copy and statement required to be delivered to the Chief of Police shall have been delivered as required by the preceding section. 1177. § 8. The time between twelye o’clock on Saturday night and twelve o’clock Sunday night shall not be considered in the enforcement of this ordinance, nor shall any property be received as a pledge or purchased by any dealer mentioned in this ordinance, between those hours. 1178. § 9. It shall be unlawful for any person licensed as aforesaid, to take or receive upon deposit, pawn, or pledge, any personal property of any kind from a minor or person under age, unless such person shall be doing business wholly on his own account, which fact shall be noted upon the book or record required by section 5 hereof; and it shall also be unlawful for any such licensed pawnbroker to knowingly receive on pawn or THE CITY OP LINCOLN. 319 deposit any personal property of any kind from any person not being the owner thereof, or from any intoxicated person. 1179. § 10. Every broker mentioned in this ordinance, who shall violate, neglect, or refuse, to comply with any of the pro- visions of this ordinance, shall, for every such offense, be subject to a fine of not less than five nor more than one hundred dollars, and his license may, at the option of the Mayor, be revoked. § 11. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. g 12. This ordinance shall take effect and he in force from and after the expiration of one week after its pa.ssage, approval, and publication according to law. Passed August 26, A. D. 1895. Approved August 26, A. D. 1895. F. A. Graham, Mayor. Attest: J. W. Bowen, City Clerk, [seal.] AN ORDINANCE regulating plumbers and use of water and water works in the city of Lincoln, providing for licensing plumbers and fixing amount of license, prescrib- ing penalties for violation of the provisions of this ordinance, and repealing ordi- nances in conflict lierewith, Be it ordained by the Mayor and Council of the City of Lincoln : Article LI. Plumbers. 1180. § 1. It 8hall be unlawful for any plumber or plumbers or pipe fitters, or any other person, to do any work upon any of the pipes or appui tenances of the system of water works of the city of Lincoln, or to make any connections with or extensions of the supply of pipes of any consumer taking water from said city, until such plumber or plumbers or pipe fitters or person, shall have first procured a license so to do as hereinafter provided. 1181. § 2. That any plumber or plumbers or pipe fitters, or other person desiring to do any work on any of the pipes or ap- purtenances thereto, or to make any connections therewith, or extension of the supply pipes of any consumer taking water from the system of water works of the city of Lincoln, shall make an application in writing to the Council of said city for license so to do. Said application shall set forth the full name under which the business is to be transacted, and thereupon the Council may at its option direct a license to be issued by the Clerk 320 GENERAL ORDINANCES OF of said city, signed by the Mayor and Clerk, and attested by the seal of said city, providing the a|)plicant shall have complied with the provisions of the next section hereof. 1182. § 3. Before any such license shall be issued, the appli- cant shall execute and file with the Clerk of said city a bond running to said city in the sum of one thousand five hundred dollars, signed by one or more' sufficient sureties to be approved by the Mayor, conditioned that the applicant shall indemnify and hold harmless the said city of Lincoln of and from all damages caused by any negligence arising from a failure to protect his work, or by any unskillful or inadequate work done on said pipes or appurtenances thereto, including connections and extensions of supply pipes, and that he will be governed by the rules and regulations herein provided, or that may hereafter be prescribed or adopted by said city in reference to plumbing, and shall pay all fines imposed upon him for any violations thereof, and that he will replace and restore the roadway and sidewalks over any opening he may make on an unpaved street, to lay service pipe, or for other purposes, to as good state and condition as he found it, and keep and maintain the same in good order, to the satisfac- tion of the Water Commissioner, for the period of six months next thereafter, and shall also pay to the City Treasurer the sum of five dollars license fee, and file the Treasurer’s receipt therefor with said Clerk: Provided, That said license shall continue in force for the period of one year from its date. 1183. § 4. Any person licensed as aforesaid who shall be guilty of a violation of any of the provisions of this ordinance or any rules herein prescribed, or that may be hereafter adopted by the Mayor and Council, or shall interfere with an inspection of his work, shall immediately forfeit his license, which said for- feiture shall operate as the forfeiture of the license of any and all persons associated with him in business, whether as a partner or otherwise, and upon conviction thereof shall pay a fine of not less than one dollar nor more than one hundred dollars, which fines shall be imposed upon conviction before the Police Judge, and said conviction shall cause forfeiture of license. THE CITY OF T.TNCOLN. 321 1184. § 5. Any person licensed as aforesaid desirous of in- troducing water from the works into the house or other place, shall first procure a })erinit from the Water Commissioner, for each and every opening required. All applications for permits must he made in writing, upon blank forms furnished by the Water Commissioner, and signed by the owner or his agent. Tlie ap- f)lication must be made for at least one day before the excava- tion is ready, but not until all plumbing work on the premises is completed and the building ready for a tenant. Such appli- cation must state the size of the tap required, the size and kind of service pipe to be used, the street and the side of the street, if on a corner which street main is to be tapped, the full name of the owner, number of the property, the purpose for which the water is to be used, the time when the tap is to be driven, together with a diagram of the property to be supplied, showing the streets bounding the block on which it is situated, and all other particulars pertaining to a full understanding of the sub- ject. The tap to be used shall be furnished by the Water Com- missioner, the cost thereof, together with that of the making of the tap, to be paid for by the applicant to the Water Commis- sioner, at the time of taking out the permit for the attachment. No taps shall be driven until the permit shall be taken out. No tap for service connections shall be made on any hydrant or elevator connection. No person except the tapper employed by the Water Commissioner shall under any circumstances tap the distributing pipe or insert ferrules. 1185. §6. All service pipes on any street or alley in the city of Lincoln shall be extra strong lead pipe to and inside the curb line. The pipe shall be laid five feet below the established grade, and sufficiently waving to allow of an extra length of not less than one foot and in such manner as to prevent rupture by settlement. All joints of lead pipe to be what are known as plumbers’ joints. In no case will cup-joints or bolts jointed be allowed. All lead pipes shall be of the class known as ‘‘extra strong,” and shall weigh per lineal foot for various diameters as follows: 322 GENEIiAL ORDINANCES OF Size Tap. Diam. Pipe. Wt. per foot. f inch J inch 3 lbs. 1 inch 1 inch 4 lbs. 12 oz. 1 inch Nor shall any pipe be laid between the main and the curb larger than such sizes as are used respectively in connection with corj)oration cocks. The service pipe used for interior plumbing may be of the kind known as strong lead pipe, but no pipe of lighter weight than this shall be used under any circumstances. The weight of this class of pipe is to be as follows: Diam. Pipe, I inch I inch 1 inch ' 1 J inch Wt, Per Lin. Ft. .2 lbs. 8 oz. 3 lbs. 4 lbs. 4 lbs. 8 oz. 1186. § 7. There shall be a round-way stop-cock in every service line attached to the mains after June 1st, 1889, the same to be placed in streets in the sidewalk, within a foot of the curb if practicable, and in alleys within one foot of the side of the same. Where stop-cocks cannot be placed in the sidewalk on account of vaults or other obstructions, they shall be placed in the street clear of the gutter, four feet below the surface. They shall be closed in a substantial extension iron case, and covered with a tight-fitting iron lid with the word ‘Svater^^ or ^‘city water’’ cast upon it. There shall be one or more stop and waste- cocks attached to every supply pipe at the point where the pipe eaters the building and also at the foot of every riser in the cellar, so as to admit of water being shut off in frosty weather, and the pipes being emptied. No plumber shall lay any service pipe in any building in such manner as to ‘‘trap” water when the check and waste-cock is closed. 1187. § 8. Streets must be opened in the manner which will occasion the least inconvenience to the public, and admit the un- interrupted passage of water along the gutters. No excavations The city of tjncoln. in any public place shall be left open longer than twenty-four hours, and every precaution shall be taken to insure public safety by fencing and red lights at night. In refilling the trench all the earth shall be put back and thoroughly tamped or settled with water in such manner as to leave no ridge over the trench, and the street restored to as good condition as previous to mak- ing the excavation, and all stones and rubbish must be removed immediately after completing the work. Should an excavation in any unpaved street, alley, or highway, be left open or unfinished for the space of twenty-four hours, or should the work be im- properly done, or the rubbish not removed, the Water Commis- sioner shall have the right to finish or correct the work, and the expense incurred shall be charged to the plumber whose work is thus finished or corrected, and said expense shall be paid by said plumber previous to his receiving another permit. Before any excavation is made in any paved street, the person licensed as aforesaid shall obtain an estimate from the City Engineer of the cost of refilling snch excavation and of replacing the pave- ment to its original condition, and shall cause to be deposited the amount of said estimate with the City Engineer, who shall deliver to him a certificate of such payment, which certificate shall be presented to the Water Commissioner, who may there- upon issue a permit to make such excavation. All such excava- tions in paved streets shall be refilled and pavement restored by the City Engineer, and the person licensed as aforesaid shall be exempted from further liability for such excavation. No per- son licensed as aforesaid, or any other person, shall be permitted to tunnel from behind the curb-stone under any paving to reach the water main for tapping or for any other purpose. 1188. § 9. Stop-cocks and other appurtenances must be suf- ficiently strong to resist the pressure and run of the water. All plumbing shall be skillfully done, and in a manner required by the Water Commissioner, and shall be subject to his inspection and approval; the quality and pattern of all appurtenances shall in like manner be subject to his approval, and no work shall be covered until examined by him or the inspector. 324 GENERAL ORDINANCES OF 1189. § 10. When an attachment is made to supply water for building purposes, the service pipe shall be carried to the in- side of the curb-stone, where a proper stop-cock shall be placed, which shall be kept covered and locked when not in use. When the building is completed the service pipe may be extended for the supply of the buildings, in which case application must be made in the usual manner for an attachment. Only one house shall be supplied from one tap unless by special permission from the Water Commissioner. Where more than one house is supplied from the same tap, there must be a separate stop-cock and box supplied for each house. 1190. §11. All faucets and fixtures over kitchen or other sinks, wash bowls, urinals, and water closets, placed after June 1, 1889, shall be of some pattern of self-closing work approved by the Water Commissioner. 1191. § 12. Within forty-eight hours after the completion of any plumbing work, the plumber shall make to the Water Com- missioner full returns, stating the ordinary and special uses to which the water is to be applied, giving a description of the ap- paratus and arrangement used, and all other particulars the case may call for, and shall state the distance in feet and inches and direction from the nearest corner to where tap is made, and dis- tance from street line where stop cock is located, so they may be located on diagram of taps and cocks. For any misrepresenta- tion or omission in these returns the plumber shall be liable to forfeiture of license. 1192. § 13. The price to be charged for making an attach- ment and furnishing corporation cocks to the water work shall be for — l-inch $2.00. i-inch $2.75. |-inch $3.25. f-inch 4.00. |-inch 4.50. 1-inch 5.00. 1193. § 14. Before any permit is granted by the Water Com- missioner for making an attachment larger than one inch, the application shall be examined by him, and he shall mark thereon his approval or his objections to the granting of the permit, and refer the same to the Council. No tap larger than a five-eighth- THE CITY OF LINCOLN. 325 inch shall be ])erniitted for any single dwelling house, or larger than three-fourth-inch for any double dwelling house. 1194. § 15. The boring of the pipes and the insertion of the taps shall be done under the direction of the Water Commis- sioner, who shall be given at least six hours’ notice by the plumber. The main pipe must be tapped on the top, and in no case nearer than eighteen inches of either end of the pipe, and the excavation made and dirt cleaned from around the main for that purpose. No pipe shall be tapped on the hub or bell, nor nearer than four feet to any other tap in the same section of pipe. 1195. §16. Whenever any repairs shall be done upon any at- tachment requiring any opening in the ground, and it shall be found that the attachment is not of the depth hereinbefore pro- vided, it shall be altered by tjie plumber doing the work to con- form to the established regulations. 1196. § 17. No plumber shall put in any extension or at- tachments or appliances for the use of water in any premises within the city without first obtaining a permit therefor; and within forty-eight hours after making any new attachment or appliance for the use of water in any premises, shall report in writing to the Water Commissioner as in case of new attachments to mains. Plumbers are not allowed to turn the water off or on to any service pipes, except to make repairs and test their work, after which they will leave it off or on, as they found it. gl8. All ordinances or parts of ordinances in conliict with the provisions of this ordinance are herei)y repealed. g 19. This ordinance sliall take effect and he in force from and after the expiration of one week alter its passage, ai)proval, and publicaition according to law. Passed August 2(>, A. I). 1895. Approved August 2(i, A. 1). 1895. Attest: J. W. Bowkn, City Clerk, [seal. F. A. Ok A II AM, Mayor. 326 GENERAL ORDINANCES OP AN ORDINANCE to prevent animals from running at large in the city of Lincoln, pro- viding for impounding the same, creating the ollice of poundmaster and defining the duties of said ofiicer and of the (fity Clerk, providing for the sale of impounded animals, prescribing penalties for the violation of the provisions of this ordinance, and repealing ordinances in conflict herewith. Be it ordained by the Mayor and Council of the City of Lincoln : Article LII. Pound. % 1197. § 1. That horses, mules, cattle, sheep, or swine, shall not be permitted to run at large within the city of Lincoln, Ne- braska, nor to be staked out or tethered within the streets of said city nor upon property abutting upon said streets in such a man- ner as to allow said animals to reach to or pass into the streets of said city. 1198. § 2. That there shall be appointed by the Mayor and Council of the city of Lincoln, a poundmaster for the said city of Lincoln, who shall hold his office during the pleasure of said Mayor and Council, whose duty it shall be to provide a suitable place for impounding all horses, mules, cattle, sheep, and swine, found running at large within the corporate limits of the said city of Lincoln, or that may be staked out or tethered within the streets of the said city, or upon property abutting upon said streets in such manner as to allow said animals to reach to or pass into the streets of the said city; and that .said poundmaster shall be required to enter into bonds to the city of Lincoln in the sum of three hundred dollars with one or more sureties, to be approved by the said Council, conditioned that he pay all damages that may be recovered against him for any misconduct in said office, and that he will faithfully perform the duties of poundmaster as required by the ordinances of said city ; and said poundmaster is hereby authorized to impound all horses, mules, cattle, sheep, and swine, taken up while running at large within said city limits, or which may be found staked out or tethered within the streets of said city or upon property abutting upon said streets in such a manner as to allow animals to reach to or pass into the streets of said city, which shall be so found by said THE CITY OF LINCOLN. 327 pound master, or be delivered to him by any resident of* said city, or of which he sliall have been notified by any such resident as so running at large as aforesaid, or staked out or tethered as aforesaid, and no other, and to receive for his services the follow- ing fees, to-wit: For impounding each animal, the sum of fifty cents; for keeping each horse, mule, or head of cattle, the sum of twenty-five cents, and for each sheep or swine the sum of ten cents, for each and every day said animal shall remain in said pound after the first day. 1199. § 3. That it shall be lawful for every person who is a resident of the city of Lincoln to impound any horse, mule, cat- tle, sheep, or swine, found running at large within the corporate limits of said city, or that may be found staked out or tethered within the streets of said city or upon property abutting upon said streets in such a manner as to allow said animals to reach or pass into said streets of said city, in the public pound kept by the poundmaster of the city of Lincoln : Provided, That no per- son shall receive any fees for impounding any animal in said city, except the poundmaster: And Provided further, That the city shall in no case be liable to the poundmaster or City Clerk for fees under this ordinance. 1200. § 4. That it shall be the duty of the poundmaster to keep a record of all the animals impounded by him, which record shall show the date of impounding, the description of each ani- mal, the name of the owner thereof, if known, and the name of the person delivering the same or giving the notice provided for in section 2; and in case said animals are not redeemed within two days after the impounding thereof, the said poundmaster shall furnish the City Clerk with a description of such animal or animals, and the date of the impounding of the same. 1201. § 5. That the City Clerk be and he is hereby author- ized, upon the receipt of the description and date of the impound- ing, and name of the owner, if known, of any animal or animals in the public pound of said city, to serve personal notice on the owner thereof, if known, and then to sell such animal or animals at public vendue, in the day-time, by giving at least five da)^s’ 328 GENERAL ORDINANCES OF notice of the time and place of such sale, (by posting at least five notices thereof in as many conspicuous places in said city,) which said notice shall contain a description of said animal or animals, the date of impounding, and the name of the owner, if known, and out of the proceeds of said sale pay: First, the fees of the poiindmaster; second, fifty cents to the said Clerk for each ani- mal sold, and all the expenses incurred on such sale, and in post- ing or publishing said notices: Provided, Said animal or animals sell for a sum sufficient to pay such sums, and the balance, if any, remaining in the hands of the Clerk, to be paid to the City Treasurer of said city within five days after said sale, and to be })laced by said Treasurer to the credit of the general fund of the city of Lincoln. 1202. § 6. That in case the owner or owners of any animal or animals so sold as aforesaid shall make satisfactory proof of their ownership thereof within six months after said sale, to the City Council, the said Council shall cause the said surplus to be paid over to said owner or owners. 1203. § 7. That the poundmaster and City Clerk shall each make a full report of all animals impounded in said city pound, or sold by said Clerk, to the City Council at their first regular meeting in each and every month, stating the number of animals impounded, the time kept in said pound, the name of the owner or owners, if known, the date of sale, and the amount of money received by each of such officers respectively. 1204. § 8. That any person who shall permit any horse, mule, cattle, sheep, or swine, owned by them or in their posses- sion, to run at large within the corporate limits of the city of Lincoln, ^7ebraska, or shall permit any such animal to be staked out or tethered within the streets of said city, or upon property abutting upon said streets in such a manner as to allow said ani- mals to reach to or pass into the streets of said city, shall, upon conviction thereof, be fined not less than one dollar nor more than five dollars, and costs, to be recovered before the Police Judge of said city, and stand committed until paid: Provided, That nothing herein contained shall be so construed as to prevent THE CITY OP LINCOLN. 329 any person from recovering any damage which he or she may sustain by reason of such animal or animals running at large, in a proper action tlierefor. 1205. § 9. That any person who shall take up and impound any animal or animals contrary to the provisions of this ordi- nance, shall, on conviction thereof, be fined in any sum not ex- ceeding twenty-five dollars and costs of suit. § 10. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. § 11. This ordinance shall take effect and be in force from and after the expiration of one week after its passage, approval, and publication according to law. Passed August ifG, A. D. 1895. Approved August 26, A. D. 1895. F. A. Grah.vm, Mayor. Attest: J. W. Bowen, 6% 67e/-A:. [seal.] AN ORDINANCE to regulate the running of engines, cars, and trucks within the city of Lincoln, and to prescribe rules relating thereto and governing the speed thereof, and to prevent accidents at crossings, prescribing penalties for the violation of the provisions of this ordinance, and repealing ordinances in conflict herewith. Be it ordained by the Mayor and Council of the City of Lincoln : Article LIII. Railroads, 1206. § 1. That no train, engine, car, or truck, shall be run over any railroad within the corporate limits of the city of Lin- coln at a greater rate of speed than four miles an hour. 1207. § 2. That there shall be a bell of at least thirty pounds’ weight attached to every engine, which shall be continuously rung by the engineer or firemen in charge of the engine while passing over any railroad within the corporate limits of said city. 1208. § 3. That no street now opened for public use, in said city, shall be obstructed by any railroad company by leaving en- gines, cars, or trucks, standing thereon, or otherwise, excepting in case of inevitable accident, for a greater length of time than ten minutes for each necessary obstruction. 1210. § 5. That no running or flying switches shall be made across any street. 1211. § 6. It shall be the duty of any railroad company or 330 GENERAL ORDINANCES OF companies crossing any street or thoroughfare in the said city of Lincoln to keep and maintain an electric light or lights at such crossing or crossings, as shall be determined by the Mayor aiul Council from time to time, which light or lights shall be kept burning during the night time. It shall be the duty of such rail- road company or companies, within twenty days after service of notice upon such railroad company or companies, through any of its officials, to place sucli electric light or lights as shall be desig- nated by the Mayor and Council of the city of Lincoln at such crossing or crossings as said Mayor and Council shall determine, and upon failure to comply therewith, the said city shall have power to so place and maintain such light or lights over the crossing or crossings of said railroad company or companies, and the cost thereof shall be charged to such railroad company or companies. 1212. § 7. That the location of such electric light or lights over the crossing or crossings of said railroad compauy or com- panies shall be determined by resolution of said Council, and majority vote of said Council shall be required to pass the same. 1213. § 8. That whenever any streets of the city shall be crossed by two or more railroad companies, and where by the Council one light shall have been considered by said Council as sufficient, the cost thereof shall be assessed against such railroad companies jointly in such manner as shall be determined by the Council by resolution ordering the same. 1214. § 9. Any railroad company having a track or tracks crossing either Seventeenth street, Fourteenth street. Tenth street, or O street between Fourth and Fifth streets, in the city of Lin- coln, is hereby required to keep stationed thereat a flag-man, whose duty it shall be at all times to indicate to travelers upon said streets, or either of them, the approach of passing trains, and to give notice when in safety they can cross the same. 1215. § 10. That any officer, superintendent, agent, en- gineer, conductor, fireman, servant, or employe, of any railroad company running or operating a railroad within the corporate limits of the city of Lincoln, who shall neglect or otherwise vio- THE CITY OF LINCOLN. 331 late any of the provisions of this ordinance shall, on conviction thereof, be fined in any sum not less than five nor more than one hundred dollars for each otfense, and shall be committed to the jail of said city until such fine and costs of prosecution are paid. g 11. All ordinance.s or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. § 12. This ordinance shall take effect and be in force from and after the expiration of one week after its passage, approval, and publication according to law. Passed August 2(1, A. D. 189-5. Approved August 26, A. D. 1895. F. A. Graham, Mayor. Attest: J. \V. Bowen, City Clerk, [seal.] AN ORDINANCE to regulate and license resident merchants in the city of Lincoln, prohibiting them from doing business in certain ways unless licensed, prescribing penalties for the violation of the provisions of this ordinance, and repealing ordi- nances in conflict herewith. Be it ordained by the Mayor and Council of the City of Lincoln : Article LIV. HesMent Merchants. 1216. § 1. That any person who shall keep and expose for sale any article of any ‘kind in any building within the city of Lincoln, which is used as his or her usual place of business, and to which the general public have access during business hours, shall be deemed a resident merchant. 1217. § 2. That it shall be unlawful for any resident mer- cliant to carry in any box, pack, hand-trunk, basket, or vehicle of any kind, from house to house, or from place to place, within the city of Lincoln, any articles of any kind, and sell or deliver, or offer to sell or deliver such articles unless the same have been first purchased from or ordered of such merchant at his or her usual place of business by or on behalf of the person to whom they are delivered, without first procuring a license for such pur- pose provided in this ordinance. 1218. § 3. That any resident merchant desiring to carry in any box, pack, hand-trunk, basket, or vehicle of any kind, from house to house or from place to place within the city of Lincoln, any articles of any kind, and sell or deliver, or offer to sell or 332 GENERAL ORDINANCES OF deliver, such articles, unless the same have been first purchased from or ordered of such merchant at his or her usual place of business by or on behalf of the persons to whom they are deliv- ered, shall pay into the treasury the sum of fifty dollars per an- num. 1219. § 4. This ordinance shall not apply to hawkers, ped- dlers, or non-resident merchants, or to retail venders of vegeta- bles, eggs, butter, milk, and farm produce raised by such venders from their own farms or gardens, or the farm or garden of their employer. Any person violating any of the provisions of this ordinance shall, upon conviction thereof, be fined in any sutn not exceeding one hundred dollars, together with costs, and shall be imprisoned in the jail of said city until the same are paid. § 5. All ordinances or parts of ordinances in conflict with the provisions of this or- dinance are hereby repealed. g 6. This ordinance shall take effect and be in force from and after the expiration of one week after its passage, approval, and publication according to law. Passed August 26, A. D. 1895. Approved August 26, A. D. 1895. F. A. Graham, Mayor. Attest : J. W. Bowen, City Clerk, [seal.] AN ORDINANCE to license and regulate scavengers in the city of Lincoln, prohibiting them from doing business until they have complied with the provisions of this or- dinance, fixing the fees to be charged for certain services, prescribing penalties for the violation of the provisions of this ordinance, and repealing ordinances in con- flict herewith. • Be it ordained by the Mayor and Council of the City of Lincoln : Article LY. Scavengers. 1220. § 1. No person, company, or corporation, shall empty, clean or remove, the contents of privy vault, cess-pool, or sink, except his own, or in any manner engage in the business of vault cleaning without first having obtained a license so to do. Such license shall be issued by the City Clerk upon the recommenda- tion of the Board of Health, and shall continue in force for one year from its date unless sooner revoked as herein provided. The applicant shall pay to the City Treasurer for such license the sum of fifteen dollars. Such license may be revoked by tl.e Board of Health at any time upon the failure of such licensee to THE CITY OF EINCOEN. 333 fully observe the provisions of this ordinance relating to his said business. Such licensee shall also execute a bond to the city in the penal sum of $500, witli two or more sureties, conditioned that said licensee will comply with the provisions of this ordi- nance relating to his business, and will obey and comply with the regulations and directions of the Board of Health. 1221. § 2. The cleaning, emptying, and removing, of the contents of privy vaults, cess-pools, and sinks, shall be done in an inoffensive manner, and any scavenger having begun such scavenger work, shall, without interruption or delay, finish the same, and shall, in every instance, leave the vault, cess-poo), or sink, in as good condition as when the work was undertaken. When the contents of any privy vault shall be removed, the same shall be properly disinfected after the completion of the cleaning. This business shall be carried on with the most strict regard to cleanliness. The contents so removed shall be con- veyed beyond the city limits in air-tight tanks, and shall be dis- posed of in such manner as to cause no offense, and as the health officer shall direct. All carts, tanks, and receptacles used for the purpose must be water tight, and the same must be thor- oughly washed and disinfected immediately after being emptied. 1222. § 3. All persons licensed as scavengers in this city shall provide a suitable barn or inclosure for the proper storage of their tanks, carts, and tools, and in no case shall a tank or cart be permitted to stand upon the streets, alleys, or vacant lots of the city, except when actually employed and in use in the scavenger business. 1223. § 4. No privy vault, sink, or cess-pool shall be opened, nor the contents thereof disturbed or removed, between the hours of six o’clock A. M. and ten o’clock p. M. of any day, nor shall such contents be deposited or buried within the city except upon the special permission of the health officer, and in such manner and place as he shall direct. 1224. § 5. The health officer shall, at least once a month, cause every tank and cart that is used in the business of vault cleaning or removal of slops, to be carefully inspected, and if 334 GENERAL ORDINANCES OF any tank or cart be found in a leaking condition, or from any cause unfit to use, he shall notify the owner of the same, and such tank or cart shall not be used until placed in good condi- tion. Every scavenger shall place in a conspicuous place upon each cart or tank, its number, the figures to be at least three inches in length, in white paint upon a black ground. The business of vault cleaning shall be carried on between the hours of ten o’clock p. M. and six o’clock A. M., and at no other time. 1225. § 6. Duly licensed scavengers shall be entitled to de- mand and receive the following fees: For emptying and cleaning a vessel containing less than 45 gallons $0.50 For emptying and cleaning a vessel containing more than 45 and less than 100 gallons 1.00 Jjarger vessels at last above named rate. For removing dead animals, 500 lbs. or less in weight 1.50 For removing dead animals, over 500 lbs. in weight 2.50 For hauling garbage, per ton 50 For cleaning grease traps 1.50 For cleaning cess- pool, j)er cubic yard 2.00 For cleaning vault, j^er cubic foot 15 1226. § 7. Any scavenger who shall violate any of the pro- visions of this ordinance shall, upon conviction, be fined in any sum not exceeding one hundred dollars. § 8. All ordinances or parts of ordinances in conflict with the provisions of this or- dinance are hereby repealed. g 9. This ordinance shall take effect and be in force from and after the expiration of one week after its passage, approval, and publication according to law. Passed August 26, A. D. 1895. Approved August 26, A. D. 1895. F. A. Graham, Mayor. Attest : J. W. Bowen, City Cleric, [seal.] AN ORDINANCE establishing and describing the corporate seal of the city of Lincoln. Be it ordained by the Mayor and Council of the city of Lincoln : Article LYI. Seal. 1227. § 1. The seal heretofore provided and used by and for the city of Lincoln, (the impression on which is a profile bust representation of Abraham Lincoln, with the inscription : ^‘In- THE CITY OE EINCOLN. 335 corporate^ March 18, 1871/^ in a half circle around the head of the figure, and the word ‘^SeaP^ below; and with the inscrip- tion, “City of Lincoln, Lancaster County, Nebraska,’’ around the outer edge of said seal ; which seal, represented as aforesaid, is hereunto annexed,) shall be and is hereby established and de- clared to have been and now to be the seal of the city of Lincoln. g 2. All ordinances or parts of ordinances in conflict with the provisions of this or- dinance are hereby repealed. g B. This ordinance shall take effect and be in force from and after its passage, ap- proval, and publication according to law. Passed August 26, A. D. 1895. Approved August 26, A. D. 1895. F. A. Graham, Mayor. Attest : J. W. Bowen, City Clerk, [seal.] AN ORDINANCE to license and regulate second-hand dealers in the city of Lincoln, prohibiting them from doing business before complying with provisions of this or- dinance, prescribing penalties for violation of the provisions hereof, and repealing ordinances in conflict herewith. Be it ordained by the Mayor and Council of the City of Lincoln : Article LVII. Seco7id-/iand Dealers. 1228. § 1. It shall be unlawful for any person or persons, within the city of Lincoln, to carry on or conduct the business of a dealer in second-hand furniture, household goods, or other ar- ticles, without having first obtained a license so to do, as herein- after provided. 1229. § 2. Any person desiring to conduct and carry on the business of a dealer in second-hand articles, shall first execute and file with the Clerk of the city of Lincoln a bond to the city of 336 GKNFAiAI. ORDINANCES OF Ijincoln in the sum of five hundred dollars, with one or more sureties, to be approved by the Mayor, conditioned for the faith- ful observance of all ordinances and regulations of said city re- lating to second-hand dealers, and the honest and faithful conduct of said business, which bond shall be for the benefit of any person injured or damaged by the fraud or willful misconduct of said business. 1230. § 3. Applicants for license to conduct said business within said city, shall first pay to the Treasurer of said city the sum of twenty-five dollars for an annual license, and shall file the Treasurer's receipt for the same with the City Clerk, and thereupon, if the provisions of section 2 hereof have been com- plied with, said Clerk shall issue a license to conduct or carry on said business to the applicant, which license shall be signed by the Mayor and Clerk, and be attested by the seal of said city. Every such license shall designate the house and place in which the person receiving such license shall be authorized to carry on such business. It shall be unlawful for any person to carry on said business except in the [)lace named in such license. 1231. § 4. All persons who shall be engaged in the business of pawnbrokers or second-hand dealers shall keep a book in which shall be legibly written in ink, at the time of any loan or purchase, an accurate account or description in the English lan- guage of the goods, articles, or things pawned, pledged, or pur- chased, the amount of money loaned or paid therefor, the time the same was received, and the name, residence, and the description of the person pawning, pledging, or selling the same; which book as well as the articles pawned or purchased shall at all reasonable times be open to the inspection of the Chief of Police or any member of the police force. 1232. § 5. It shall be the duty of every such pawnbroker or second-hand dealer to make out and deliver to the Chief of Police every day before the hour of 12 m. a legible and correct copy from the book required in the preceding section hereof of all personal property or other valuable things received, deposited, or purchased during the preceding day, together with the time when THE CITY OF I.INCOI.N. 337 received or j)iircliased and a description of the person or persons by whom left in pledge. 1233. § 6. If any goods, article, or thing, shall be advertised in any daily newspaper printed in the city of Lincoln as having been lost or stolen, and if the said goods, article, or thing, or any such answering to the description of the goods, article, or thing so advertised, or any part or portion thereof, shall then be or thereafter come into possession of any dealer in second-hand articles, he or she shall forthwith give information thereof in writing, at the office of the Chief of Police, and shall state from whom the same were received. A failure to comply with the requirements of this ordinance shall be deemed sufficient cause for revoking the license of the person so refusing, and shall further render such person liable to the penalties provided for the viola- tion of this ordinance. 1234. § 7. Any person who shall violate any of the provis- ions of this ordinance shall, for each offense, be fined in any sum not less than ten dollars nor more than one hundred dollars, and be committed until the said fine and costs are })aid. § 8. All ordinances or parts of ordinances in conflict with the provisions of this or- dinance are hereby repealed. g 9. This ordinance shall take elfect and be in force from and after its passage, ap- proval, and publication according to law. Passed August 26, A. D. 1895. Approved August 26, A. D. 1895. F. A. GuaiiaiM, Mayor. Attest: J. W. Bowen, City Clerk, [seal.] Article LVIII. Sewers and Drains. 1235. § 1. All connections of private drains or sewers with the public sewers of the city of Lincoln, or the construction or modification of appurtenances to sewers or sewer connections, shall be made in accordance with the rules and regulations ap- proved by the City Council and embodied in this ordinance, and. such further rules as may from time to time be adopted. 1236. § 2. No person, persons, or corporation, shall open, uncover, or in any manner make any connection with, or lay any sewer or drain, or attach or modify any appurtenances to sewer 16 338 GENERAL ORDINANCES OF connections to sewers within the public streets, alleys, or other grounds of the city of Lincoln, unless duly licensed therefor, or operating under a special contract with the city of Lincoln for such work. 1237. § 3. Any competent mechanic with experience in lay- ing drain or sewer pipes, may upon application and approval of the City Council, and payment of ten dollars for the year or un- ex])ired part thereof, ending in all cases on December 31st, receive a license to lay drain or sewer })ipes, or modify any attachment, or make connection thereto: Provided, No application for license under this ordinance shall be considered unless accompanied by a bond in the sum of $2,600, with two resident sureties, each owning real estate in Lancaster county of the value of $2,500 above all exemptions and liabilities, and who shall justify accord- ingly. Said bond to be approved in form by the City Attorney to secure the city against damages that may arise by virtue of the carelessness or neglect of such person or corporation to properly execute their work, or for any violation of this or any other ordi- nance of the city, or for any penalties that may be imposed during the period of such license under the provisions of this ordinance. 1238. § 4. No excavation of trenches for sewer ])ipes, or ' work in connection with such ])ipes, attachments, appurtenances, or modifications thereof, shall be done by any licensed person or corporation without a special permit. 1239. § 5. All special permits for laying drain or sewer pipes, or any excavation relating to making connection with the public sewers, or plumbing in connection with the a})purtenances to sewer connections, or any changes in connection with the said appurtenances or pipes, shall be issued by the City Engineer or duly authoiized assistant. 1240. § 6. Application for permits to connect, construct, or modify, attachments to the public sewers or their appurtenances, shall be made in writing on blanks furnished by the city, such apj)lications to show the exact location of the jiroposed connection, and the appurtenances thereto. A record shall be kept by such plumber or drain layer, cover- THE CITY OF EINCOI.N. 339 in^ full details of such work, and a return shall he filed with the City Engineer on the first of each month of all such work com- pleted during the |)revious month. All such work shall be done under and'in compliance with the direction of the City Engineer, Inspector, or officer, as herein specified and in strict conformity to the rules and regulations hereto attached, or such additional rules or modifications thereof as may be hereafter adopted by the Mayor and City Council. Willful violation of the said rules or of the direction of the City Engineer, Inspector, or other offi- cer assigned to the suj)ervision of such work, shall be cause for suspension of the license of the offender, by the City Engineer, in addition to any penalties that may be imposed under this or- dinance, and such sus[)ension shall operate until restored by the City Council ; nor shall any such suspension give the offending party a right to a return of any moneys paid for license. 1241. § 7. The licensed plumber or drain layer who connects with the j)ublic sewers shall be held responsible for any damage he may cause to the sewers or public streets. He shall restore the street to the satisfaction of the City Engineer and make good any settlement of the ground or pavement caused by excavations made by said plumber or drain layer under or by virtue of any permit issued under the provisions of this ordinance. 1242. § 8. Any person or persons who shall be found guilty of violating any of the provisions of this ordinance, or any of the regulations in connection therewith, or who shall fail or neg- lect to comply with any of such provisions, rules, or regulations, shall be considered guilty of a misdemeanor, and on conviction thereof shall be fined in any sum not less than five dollars, nor more than fifty dollars for each offense, and twenty-five dollars for each day such person shall continue in violation thereof. 1243. § 9. The Mayor and City Council shall have power to appoint one or more inspectors to whom they may delegate any or all powers essential to the proper supervision and enforce- ment of the provisions of this ordinance. 1244. § 10. The following rules and regulations are hereby adopted and approved, to-wit: 340 GENERAL ORDINANCES OF Rule 1. 1245. All applications for permits to plumbers or drain lay- ers shall be filed with the City Engineer twenty-four hours be- fore their issuance, except in case of accident requiring more prompt attention. Rule 2. 1246. Trenches in public streets or alleys shall be excavated so as to impede public travel as little as possible. The crossings of gutters and all other ways shall be left in such shape as to admit of the ready escape of water during storms. Planks shall always be provided where sidewalks or crossings are opened so as to facilitate easy crossing over trenches. Rule 3. 1247. Red lights shall be kept around all unfinished work at night, and sufficient barricades against accidents shall be placed around excavations at all times. Rule 4. 1248. Work in public streets must not be unnecessarily de- layed, and when directed by the City Engineer, the number of workmen shall be increased to hasten the work to the extent the City Engineer may deem necessary for public interests. Rule 5. 1249. Trenches in depths of six feet or over, and in all made or otherwise treacherous soil, or near large brick buildings, shall be properly braced, and the {)arty excavating and his bondsmen shall be liable for all damages arising by reason of any neglect in this respect. Rule 6. 1250. The refilling of all trenches, if in unpaved streets or alleys, shall be well and thoroughly done in uniform layers of not exceeding nine inches, and tamped with a tamper of not less THE CITY OF EINCOLN. 341 than forty pounds weight, or with puddled earth, as may be di- rected by the City luigineer. Inspector, or other agents of the city entrusted with the supervision of such work, so as to replace all excavated material, and leave the surface in as good conditon as found before the commencement of the work. Rule 7. 1251. The refilling of all trenches in paved streets shall be done by floating sand, except where otherwise directed by the City Engineer, and all paving material shall be renewed or re- placed in as perfect and substantial condition as before excavat- ing, and in the event of settling within six months after being refilled, the City Engineer shall have the right, and it shall be his duty, to demand and require the restoration by the party who made such excavation; and all surplus material in all cases of excavation shall be taken off the street and at once delivered to such points as the City Engineer may direct. Rule 8. 1252. Drain layers or plumbers will be required to keep on hand a spirit level in proper order, where work is being done in connection with public sewers, and their returns must show the actual depths below the surface and fall per foot to which their j)ipes have been laid. No pipes shall be allowed to connect with public sewers with a less fall than one-fourth inch per foot. Rule 9. 1253. Connections with the sewers of the separate system must be of first-class quality, of four-inch vitrified clay pipes, without reducers, laid to an uniform grade, with gasket joints in cement, and in good workmanlike manner; pipes laid from a point four feet outside of building walls into the building shall be of a good quality of cast iron soil pipe. No trajis shall be’al- lowed throughout the entire line, and the soil pipe must be con- tinuous for ventilation purposes to a point not less than three feet above the roof of the building, such soil pipes to be coated 342 GENERAL ORDINANCES OF with an approved tar or asphaltic preparation. All connection with said pipes to be properly trapped with a water seal not less than half an inch in depth, such seal to be protected against syphonage by connection with the said pipe above the outer upper end of the trap. All joints shall be tightly and thor- oughly caulked with lead, to admit of no escaping gas. Connec- tions with other than the separate sewers shall be done according to the directions of the City Engineer. Rule 10. 1254. All kitchen waste must be discharged through a suit- able grease trap, of form approved by the City Engineer. Rule 11. 1255. Connection for stable waste must be of a syphon form approved by the City Engineer. Rule 12. 1256. Steam exhaust must be discharged into catch basins, and not direct into sewer pipes. Rule 13. 1257. No junction pipe shall be cut or taken up for connec- tion without a special permit, and then only in the presence of an inspector. Rule 14. 1258. Changes of direction of pipes must be made by prop- erly curved pipe, and not by edging or cutting. No storm- water connections to conduct water from roofs or yards, or over- flow pipes from cisterns, will be permitted with the separate system of sewers. Rule 15. 1259. Sewer pipe connections, both inside and outside of buildings, must be Ys and not Ts. THE CITY OF LINCOLN. 843 Rule 16. 1260. Accidents to sewers by caving, or in cleaning of pri- vate connections, must be promptly reported to the City Engi- neer’s office. No Ys shall be uncovered for sewer connections without the presence of an inspector. Rule 17. 1261. Entrance into manholes, or the opening of the same, except by the Inspector, is strictly prohibited. Rule 18. 1262. Any defective or other work in connection with sew- ers, or appurtenances disapproved by the City Engineer, shall, upon written notice, be promptly remedied. Rule 19. 1263. The City Engineer or Sewer Inspector shall have ac- cess at all times to any building connected with any sewer, to properly examine the same. Rule 20. 1264. No one shall throw or deposit, or cause or permit to be thrown or deposited, in any vessel or receptacle connected with the public sewers, garbage, hair, ashes, fruit or vegetables, peel- ings, refuse, rags, sticks, cinders, or any other matter or thing whatever, except human excrement, urine, the necessary closet paper, liquid house slops, and elevator water. 1265. § 11. Any person or company obtaining a license, or doing work under this ordinance, shall keep posted in a conspic- uous place in the office or shop of such person or company, a copy of the foregoing ordinance and rules, which will be fur- nished on application by the City Clerk. (Passed January 10, 1887. Approved January 12, 1887. Published in Journal Jan- uary 13, 1887.] 344 GENERAL ORDINANCES OF AN ORDINANCE providing for the erection of wire signs over and across the business streets of the city of Lincoln, Nebraska. Be it ordained by the Mayor and Council of the City of Lincoln : Article LIX. Signs. 1266. § 1. That hereafter any person so desiring may erect a wire sign over and across the business streets of the city of Ijincoln : And Provided further^ That said signs shall be made of wire and properly fastened by cable in a thoroughly secure man- ner at a height from the pavement of not less than thirty- five feet to under side of sign. § 2. This ordinance shall take effect and be in force from and after its passage, ap- proval, and publication according to law. Passed August 2G, A. D. 189.5. Approved August 26, A. D. 1895. F. A. Graham, Mayor. Attest: J. W. Bowen, City Clerk, [seal.] AN ORDINANCE setting apart portions of the streets for sidewalk space, regulating the use thereof, authorizing and directing the construction of sidewalks thereon, and assessing the costs thereof to the abutting property, prescribing penalties for violation of the provisions of this ordinance, and repealing all ordinances in con- flict herewith. Be it ordained by the Mayor and Cowieil of the City of Lincoln : Article LX. Sidewalks. 1267. § 1. That hereafter there shall be reserved on each side of every street in the city of Lincoln for sidewalks- and for the cultivation of trees and grass, a space equal to one-fourth of the street from abutting lot lines: Provided^ That on streets in paving districts said space shall extend from the lot line to the curb line. 1268. § 2. All walks on O street from Seventh to Sixteenth, N street from Ninth to Twelfth, P street from Seventh to Twelfth, Q street from Ninth to Twelfth, Ninth street from Q to O, Tenth street from Q to N, Eleventh street from Q to M, Twelfth street from Q to N, Thirteenth street from P to M, and . THE CITY OF LINCOLN. .‘H5 also in front of and alongside any building in any part of the city when areaways or cellars are in use, or may hereafter be in use, under any sidewalk, shall extend from the line of the abut- ting lot or lots to the curb line, and no sidewalk shall be built in the above territory except the same be constructed of stone, iron, brick, or artificial stone, or combinations of such materials, nor until after a permit has been obtained from the Street Com- missioner, or other officer whom the Council may designate, for the building of the same. It shall be unlawful to repair any wooden sidewalks within the above territory, except such repairs as may be necessary to make the same safe until a new walk can be constructed under the provisions of this ordinance, but it shall be the duty of the officer having the same in charge to re- port to the City Council all sidewalks in said territory in need of repairs. Whereupon it shall be the duty of the City Council to cause the owner of the property abutting on such sidewalk to be notified to show cause why such sidewalk should not be con- demned, and order the construction of such sidewalk as above provided, and the Council shall then direct the kind of material to be used, but this shall not prevent the lot owner from con- structing said walk with such material as is herein authorized. Should the owner fail or refuse to construct such walk in accord- ance with the order of the Council and of this ordinance, within thirty days after such order is made, it shall be the duty of the officer in charge to construct such walk in accordance with the order of the Council. The inner edge of all other sidewalks shall be four feet, neither more nor less, from the line of the ad- jacent lot: Provided^ The Council may, by resolution, upon peti- tion of the property owners of all the feet front on any block, allow a variation from the rule herein established, so that the inner line of the sidewalk shall be at a point, being the center between the lot and the curb line in front of the block where such change aforesaid is petitioned for, for the purpose of pro- tecting trees, and for such other reasons as shall seem just and })roper to the Council; but in all such cases the distance of the inner edge of the sidewalk from lot line must be uniform for the 346 GENERAL ORDINANCES OF. whole block. Where, in granting permission under the provis- ions of‘ this section, it will be necessary to change the approaches on either side of the block, the lot owners to whom the permis- sion is granted shall bear the expense of such change. Side- walks, except as hereinbefore provided, shall be constructed of either stone, asphaltum, tar, iron, or two-inch plank laid cross- wise upon three sufficient supports, and shall be of such width as the Council shall direct, not less than three feet. 1269. § 3. Sidewalks on business streets, or portions thereof, shall be constructed so as to incline upwards from the outer edge of the sidewalk toward the buildings or boundary of the lot at the rate of not less than one inch nor more than one and one- fourth inches in three feet; the outer edge of said walks to rest on the top of the curb; and no part of said walks shall be taken for private use by lowering or cutting down the same next to the building; and said sidewalk shall be built up to the build- ing on an uniform grade: Provided, That an open space of not more than four feet may be left next to the building, but the same shall be securely protected by strong iron railings. En- trances, stairs, and steps to areas and basements, on sidewalks, shall not be more than four feet wide, and said stairs and steps or entrances shall be securely protected by iron railings. The pitch or inclination on all sidewalks, except on business streets or portions thereof, shall not exced three inches per width of five and one- third feet. No sidewalk on any residence street or part thereof shall be more than eight inches above the adjacent curb grade : Provided, The Council may, by resolution, upon the petition of the own- ers of a majority of the feet front in any block on such street, allow sidewalks in such block to be constructed to a height of not exceeding thirty inches above the adjacent curb grade: Pro- vided. That in all such cases the approach from the curb grade of intersecting or cross streets shall incline upward in a uniform manner to the height so established until the lot line is reached : Kud provided fyrther. That such pitch or inclination shall in no case be greater than one inch to the foot. Any person who shall THE CITY OF LINCOLN. 347 hereafter construct or procure the construction of any sidewalk, in violation of this ordinance, shall, upon conviction, be fined in any sura not exceeding one hundred dollars, and stand coraniit- ted until such fine and costs are paid; and should any sidewalk be permitted to remain in violation of this section after five days written notice thereof to the owner of the property in front of which the same is located, by personal service or by leaving a copy thereof at his residence or place of business, then such owner shall upon conviction be fined in any sura not exceeding ten dollars for each twenty-four hours the same is so permitted to remain, and shall stand committed until such fine and costs are paid ; and one or more convictions under this provision shall not be a bar to any conviction for a subsequent violation. In case the owner of property in front of which any unlawful sidewalk is located refuse or neglect to rebuild or relocate the same, then the Council may order the same rebuilt or relocated and assess the costs thereof upon the abutting property upon the same notice and in the same manner as is hereinafter pro- vided or provided by law for the construction of and assessment for new sidewalks. 1270. § 4. Whenever any street or avenue or any part thereof shall have been brought to the established grade, or per- manently improved, and in the opinion of the Council it shall be necessary or advisable to bring any sidewalk space to such grade, or on the proper grade of such permanently improved street, and to place a sidewalk thereon, or whenever in the opin- ion of the Council it shall become necessary or advisable to construct a temporary plank sidewalk upon the natural surface of the ground upon streets not brought to the established grade, or permanently improved, they shall pass a resolution ordering the owner or owners of the abutting lot or lots to do said work and construct said sidewalk, designating therein whether the sidewalk shall be a permanent or temporary one. A copy of such resolution shall be served upon the owner or owners of the lot or lots along which said sidewalk may be ordered constructed or grading done, either personally or by leaving at his or their 348 GENERAL ORDINANCES OF usual place of residence or business, when they or the same can be found. In case of non-residence, or absence of those who have no usual residence or place of business that can be found, a copy of such resolution shall be published once in some news- ])aper of general circulation in the city of Lincoln. The person serving such notice, or knowing of the publication, shall make a sworn return thereof to the City Council of the manner and date of such service. 1271. § 5. If the work required by the resolution mentioned in the preceding section is not done within thirt}/ days from the date of the service thereof, or publication, the Council may, by res- olution, direct such officer or person as they may see fit to proceed to construct the said sidewalk and to do the said grading, and re- port the costs thereof to the Council, together with the time and manner of service of notice, and thereupon the amount thereof shall be assessed to the abutting property in the manner pro- vided by law. 1272. § 6. Such officer as may from time to time be author- ized by the Council shall have general supervision of all side- walks, sidewalk space, and cross-walks of the city, and it shall be his duty to see that all sidewalk space is not unlawfully oc- cupied, and report all obstruction on and unlawful use of the same, and attend to the construction and repair of all cross-walks under the directions of the Council. Whenever any sidewalk needs repairing he shall immediately serve a written notice on the owner or owners of the abutting property in the manner prescribed in section 4 of this ordinance, to properly repair the same, and if such repairs are not made, or properly made within two days of the date of the service or publication, then the said officer shall make the necessary repairs, and shall report the cost thereof, together with the time and manner of service of notice to the Council, and the Council shall thereupon cause the said costs and expenses to be assessed to the abutting property in the same manner and under the same conditions as the cost of sidewalks are assessed. Whenever in the opinion of the officer in charge of thesidewalks it will require fifty per cent or more of THE CITY OF T.TNCOT.N. 349 tliecostsof a new sidewalk to ])roperly repair any walk, it shall he his duty to report the same, with Ids recommendations, to the City Council, and the Council shall thereupon, by resolution, order the said sidewalk repaired or declare the old walk a nuisance and order it removed and a new one constructed, as they may deter- mine, and such officer shall thereupon notify the owner in ac- cordance with section 4 of this ordinance to fix such sidewalk in the manner directed by the Council, and if he refuses or neg- lects to repair the same within two days, or construct a new walk within thirty days after such notice, as the case may be, then such officer shall proceed to repair or construct, as he may have been directed, such walk and report the costs and expenses thereof to the Council, who shall assess the same as provided by law. In the event any sidewalk should become unsafe or dangerous, it shall be the duty of the officer having the same in charge to im- mediately repair the same, or ])roperly place guards around the dangerous place so as to keep the public therefrom. For the purpose of investigation and re[)air of any sidewalk in the city, the officer having the same in charge is authorize'd to enter any areaway under the sidewalk, and for that purpose has the right to go upon any private ])roperty at any reasonable hour of the day ; and it shall be unlawful for any person to })revent or at- tempt to prevent such officer from entering such areaway, or making any such investigation or repair, and shall be subject to the penalties provided in this ordinance. 1273. § 7. All wooden sidewalks now existing or hereafter placed or constructed in the city of Lincoln, which are now or hereafter shall become in a dilapidated condition, or in need of repair, are hereby declared a nuisance, and any person or corpo- ration permitting such walks to be or remain alongside or in front of his or its premises shall, upon conviction thereof, be fined in any sum not less than five dollars nor more than twenty- five dollars for each twenty-four hours such walk shall be per- mitted to remain in such condition, and stand committed until such fine and costs are paid, and a prosecution for one or more offenses under this section shall not be a bar to any subsequent offense. 350 GENERAL ORDINANCES OE 1274. § 8. No person shall be allowed to keep or use for vaults, areas, or other purposes, the space beneath the sidewalks included within the sidewalk lines of any street in said city, un- less a permit therefor shall have been obtained from the City Council; such permits to continue and to be issued only U[)on such condition that the party receiving the same shall, as a com- pensation for the privileges granted by such permit, build, main- tain, and keep in repair, a sidewalk over such space intended to be used for vaults, areas, or other purposes, and pay all damages that may be sustained by any person by reason of said sidewalk being in a defective or dangerous condition. 1275. § 9. No permit shall hereafter be granted for areas under sidewalks that will be of greater width, measured from lot lines, than three-fourths of the distance from lot line to curb line, (except in cases where such space shall be securely walled and arched in brick or stone and approved by the Committee on Sidewalks.) 1276. § 10. It shall be unlawful for any person or persons within the city of Lincoln to construct or maintain any cellar- way, window, or door, area, or entrance to any basement, in or through any sidewalk in said city of Lincoln of greater width than forty-eight inches from lot line, and all such cellarways, windows, or doorways, and entrances, shall be securely guarded by strong iron railings or gratings. Areas about windows open- ing through the sidewalk immediately adjacent to buildings, and where it is necessary to admit light and air to basement, shall be protected and covered by strong iron gratings, the bars of which shall not be more than one inch apart, and so constructed that the same may be walked upon with safety, and of sufficient strength to hold any weight that would come upon the sidewalk at that point; or shall be protected by iron railings as provided in case of cellarways. All hatchways, bulkheads, or openings of any sort through sidewalks, at a greater distance than four feet from the front lot line, shall be provided with strong iron or iron and glass coverings, with a rough surface, to prevent accidents, and the entire construction of said areas, hatchways, entrances, THE CITY OF IJNCOIiN. ^51 and openings, shall be subject to the direction and supervision of Inspector of Sidewalks, or such other person as the City Council may designate. 1277. § 11. All areas and excavations extending under any sidewalks, in front or adjacent to any building in said city, shall be securely walled on all sides with brick or stone laid in lime mortar, and said walls shall not be less than twelve inches in thickness, and shall be securely arched over or covered over iu such manner as to amply support such sidewalks without dam- age or danger to the public use of the same. 1278. § 12. No boiler, steam shaft, furnace, steam pipe, or cesspool, shall be constructed or located for use, and no explosive or inflammable oil or substance shall be stored or kcjjt for any purpose under any sidewalk in this city, and no excavation when permitted shall be ventilated into the streets, unless aperture or ventilating hole or opening shall be securely covered as herein provided. 1279. § 13. Any person who shall keep or leave open any cellar door, gate, or any vault, or any sidewalk, or suffer the same to be left or kept open, or who shall suffer any sidewalk in front of his premises to become or continue so broken as to en- danger life or limb, shall be subject to a fine of not exceeding fifty dollars in every case. 1280. § 14. No person shall insert any smooth pieces of glass in any sidewalk for any purposes whatever, and all pieces of smooth glass which have been inserted in any sidewalk shall be forthwith removed, under a penalty of one dollar for each and every day the same shall be allowed to remain after the expira- tion of ten days after the passage of this ordinance. No part or portion of any sidewalk upon any street that has been brought to grade, shall be laid or relaid at any different grade or any other level than the established grade of said sidewalk, and for every violation of this section there is hereby imposed upon the person violating the same a fine of not less than a dollar nor more than twenty dollars, and he shall alter said sidewalk so as to make the same conform to the established grade; and in case he neglects 352 (GENERAL ORDINANCES OF or refuses so to do within ten days after being notified so to do by the officer duly authorized by the Council, it shall be lawful for such officer, when so ordered by the Council, to alter the same; and the cost and expense of the same may be assessed against the said lot in the manner provided by law. 1281. § 15. Every owner or occupant of any house or other building, or the owner or proprietor, lessee or person entitled to the possession of any vacant lot, and any person having the charge of any church, jail, or public hall, or public building, in this city, shall, during the winter season, and during the time snow shall continue on the ground, by nine o’clock on every morning clear the sidewalks in front of such house or other build- ings, or in front of such lot, from snow and ice, and keep free therefrom during the day; or shall, in case the snow and ice are so congealed that they cannot be removed without injury to the pavement, cause the said snow and ice to be strewed with ashes or sand, and shall also, at all times, keep such sidewalks clear ■ and free from all dirt, filth, or other obstructions or incumbrances, so as to allow the citizens to use the said sidewalks in an easy and commodious manner; and every person refusing or neglecting to comply with this section shall be fined in any sum not more than ten dollars. In case of unrepresented non-resident property owners, the officer in charge shall have the walks cleaned off and report the expense to the City Council, as provided by law, when so ordered by the Mayor or Council. 1282. § 16. It 'shall be unlawful for any person or persons within the limits of said city to tear up, break, remove, or de- stroy, or in any other manner to injure any sidewalk or street crossing in said city. 1283. § 17. No person shall at any time fasten any horse or horses in any such way that the horse, vehicle, rein, or line shall be an obstacle to the free use of the sidewalk, nor shall any per- son hitch or fasten any animal of any kind to a tree in the streets, or sidewalk space of the city. It shall be the duty of the own- ers of each building in front of which any sidewalk is now or shall be constructed, to provide and securely fasten in such side- THE CITY OF EINCOLN. 353 walk at least one iron ring of not less than two inches in diam- eter and one-quarter of an inch in thickness, at some point be- fore such building, or to provide a suitable post within the limits of such sidewalk space. 1284. § 18. No person or persons shall push or draw back any horse, wagon, cart, or other vehicle, over any sidewalk, or use, ride, or drive, any horse, wagon, sled, or sleigh thereon, un- less it be in crossing the same to go into a store-house, yard, or lot where no other suitable crossing or means of access is pro- vided. 1285. §19. All awnings hereafter erected shall be canvass on iron frames and elevated at least eight feet at the lowest part from the top of the sidewalk, and shall not project over the side- walk to exceed three-fourths of the width thereof. They shall be supported without posts, by iron brackets or by any iron frame- work attached firmly to the building, so as to leave the side- walk wholly unobstructed thereby. If any person shall erect any awning contrary to the provisions hereof, he shall be sub- jected to a fine of not more than five dollars for every such of- fense, and to a further fine of five dollars for every day he shall fail to remove such awning after being notified by the Inspector of Sidewalks, or such other officer duly authorized by the Coun- cil so to do. 1286. § 20. If any cartman or any other person shall break or otherwise injure any footpath or sidewalk or lamp-post, he or they shall, within twenty-four hours thereafter, cause the same to be well and sufficiently repaired and mended. 1287. § 21. No owner or occupant of any store or house shall permit or sulFer any cart or other wheel carriage to be driven or otherwise to pass, go over, or upon, the footpath or sidewalk op- posite to such house or store for the purpose of loading or un- loading such cart or other wheel carriage, or for any other pur- j)ose whatever. 1288. § 22. No person, while receiving or delivering any goods, wares or merchandise, shall permit the same to remain on any sidewalk longer than six hours, and for this purpose he 354 GENERAL ORDINANCES OF shall not occupy over six feet of the outer edge of the sidewalk in front of his store or building. 1289. § 23. It shall be unlawful for any person to ride or drive bicycles or velocipedes upon any sidewalk or street crossing in this city. 1290. § 24. Hereafter no person shall construct or place, or cause to be constructed or placed, any portico, porch, door, win- dow, sign, or outside stairway, which shall project into or over any sidewalk more than three feet. No sidewalk shall be used for the storage or exhibition of goods, wares, or merchandise of any kind or description whatever, which shall occupy greater space than five feet next to the building or boundary line of the lot; and such place shall not be sublet by the occupant or owner of said lot or building to any other person whatever; and if any person shall place or cause to be placed, in or upon any side- walk, any barrel, box, hogshead, crate, packages, signs, bulletin boards, posts, stands, or any matter or thing whatever which shall take up more space than five feet next to the building, and shall suffer the same to remain thereon more than six hours, he shall be subject to a fine of not more than ten dollars; and any policeman or public officer shall be empowered to cause the same to be removed at the expense of the party placing the same there: Pi'ovided, That it shall hereafter be lawful for any merchant or other business man to erect sio;ns as follows: Glass illumined signs not to exceed four feet in width, length, or height, and signs made of wood, painted or gilded, and made to rej)resent articles had for sale. All such signs to be placed upon substantial iron or wooden posts, not less than eight feet above the sidewalks, the posts to be firmly fixed in the sidewalk just inside of the curb line. No signs of any other kind or nature shall be erected in the sidewalk. 1291. § 25. The officer having in charge the street crossings shall not lay any crossings or sidewalks except he be specially authorized so to do by the Mayor and Council. He shall make a sworn report to the Council of the location, length, and width, of said street crossing or sidewalk, the number of feet of lumber THE CITY OF LINCOI.N. 355 used in the oonstruction, and the actual cost of said crossing or sidewalk. 1292. § 26. The officer in charge of the sidewalks and street crossings shall kee[) in a suitable book, au accurate record of all notices and ordinances served by him, with the time and manner of such service, and shall keep a careful and accurate account of all work done by him, with the cost and expense thereof, and make written report to the Mayor and Council at every regular meeting, of all his official acts during the preceding week. 1293. § 27. It shall be the duty of all policemen to take note of all defects in sidewalks, and when out of repair, notify the owners or occupants of premises in front of which said side- walks are, and also report the same to the officer having the same in charge; and in case of accident, they shall report the same to the City Attorney, together with the names of any witnesses to said accident, if known to them. 1294. § 28. It shall be lawful for any person in the city of Lincoln to plant shade or forest trees on the line of any street in the city of Lincoln, the outside row of trees to be not less than five feet from the curb line, and the inside row of trees to be not more than two feet from the line of said lot or lots, except on streets less than one hundred feet wide, no outside row shall be permitted, and all trees shall be trimmed by lot owners in such a manner as not to obstruct the free passage of sidewalk for pe- destrians and not interfere with light from street lamps. And it shall be lawful for any person or persons who have heretofore, or shall hereafter, set out trees on any street or streets in the city of Lincoln, to build and maintain good and sufficient fence to protect said trees : Provided^ The outside of said fence shall be built one foot from curb line: Provided^ That the City Council may at any time order the removal of any fence or trees which they may deem advisable: Provided further , That it shall not be lawful for any ])erson or persons to build or erect such fence across any street, alley, or sidewalk. 1295. § 29. Any person who shall hereafter set out any trees upon the line of any street as hereinbefore provided, and any per- 356 GENERAL ORDINANCES OF son who has heretofore set out any trees upon any street in the city of Lincoln, shall have the right to cultivate that portion of the street included within the fence herein provided for, for the period of two years, and may thereafter plant grass seed on said portion of the street. 1296. § 30. If any owner, herder, employe, or any person whomsoever, owning or having charge of any sheep, hogs, horses, mules, cattle, or stock of any description whatever, shall suffer or permit any sheep, hogs, horses, mules, cattle, or stock of any description whatever, to go upon any portion of a street within the city of Lincoln upon which trees or gra«s seed have been planted as hereinbefore provided, he shall be fined in any sum not less than one dollar nor more than fifty dollars for each offense. 1297. § 31. That any person who shall fail to observe, or who shall violate any of the provisions of this ordinance for which a penalty is not otherwise herein provided, or who shall construct any sidewalk contrary to the provisions of this ordinance or who shall obstruct that part of the street herein designated for sidewalks, shall, on conviction thereof, be fined in any sum not exceeding one hundred dollars. g 32. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. g 33. This ordinance shall take effect and be in force from and after its passage, ap- proval, and publication according to law. Passed August 26, A. D. 1895. Approved August 26, A. D. 1895. F. A. Graham, Mayor. Attest : J. W. Bowen, City Clerk, [seal.] Article LXI. Stationary Engineers. 1298. § 1. It shall be the duty of the Mayor of said city of Lincoln, Nebraska, by and with the consent of a majority of the members elect of the Council of said city, to appoint three per- son.s, who shall constitute a Board of Engineers. Said appoint- ment shall be made as soon as practicable after this ordinance takes effect, and the persons so appointed shall hold their office THE CITY OF IJNCOLN. 357 until the next general city election in the spring of 1893 and until their successors in office are appointed and qualified. As soon as practicable after the city election in the sj)ring of 1893 the Mayor shall appoint three persons to constitute such Board of Engineers, who shall hold their offices for a period of one, two, and three years respectively, and until their successors in office are appointed and qualified, and thereafter it shall be the duty of the Mayor, immediately after the spring election in each year, to appoint one person as a member of said Board of En- gineers, who shall hold his office for a term of three years and until his successor is appointed and qualified. 1299. § 2. Every person so appointed as a member of such Board of Engineers shall be a competent and practical stationary steam engineer, having had at least five years’ experience in the business and holding a first class certificate in full force and effect issued by some authorized Board of Engineers of any city in the state of Nebraska. 1300. § 3. As soon as practicable after their appointment and qualification as hereinafter provided, and within ten days from the date of their appointment, it shall be the duty of such members of said Board of Engineers to meet and organize them- selves by electing one member as chairman, one member as sec- retary, and one member as treasurer, and he shall pay over and account to the City Treasurer, and they shall also provide for regular sessions of said board, which shall occur at least once in each month. 1301. § 4. It shall be the duty of the chairman of such board to preside at their meetings, and he shall sign all certifi- cates issued to persons under this ordinance; he shall also exam- ine all boilers as hereinfter provided, and shall perform all such other duties as may be incident to his position under this ordi- nance. It shall be the duty of the secretary to keep a record of all the proceedings of the board and to keep a list of the names of all persons who have been examined for positions as engineers and of those who have received certificates from this board, and also of such persons to whqrp certificates have been refused by 358 GENERAL ORDINANCES OF the board, and he shall countersign all certificates that may be issued. It shall be the duty of the treasurer to collect and re- ceive the fee to be paid by the applicant for examination, and he shall keep a record of all moneys received and disbursed by him and account monthly for the same to the City Treasurer. He shall also collect and receive the fee hereinafter provided for the inspection of boilers, to be paid by the owner of such boiler, and shall pay the same to the person making the inspection: Pro- vided^ however, That the officers of this board shall hold their re- spective offices in such board for the term of one year and until a new member has been appointed and qualified: And Provided further, That the chairman shall have ])ower to call a special meeting of the board when necessary, and that in the absence of either member of said board the remaining two members shall constitute a quorum and be authorized to transact business. 1302. § 5. It shall be the duty of the Board of Engineers, u[)on the payment of three dollars by the applicant, to examine persons touching their qualifications as engineers, who desire to act as engineers, and take charge of steam boilers. If the appli- cant passes a satisfactory examination, they shall grant and issue to him a certificate of qualification. If the applicant fails to pass a satisfactory examination, he shall not be allowed to apply again for a certificate for two months thereafter. All certificates granted shall be in force for one year from the date thereof and no longer, and any ])erson holding a certificate from the board may have the same renewed at its expiration, for a period of one year, by the applicant for such renewal paying the sum of $2 : Provided, however. That the person applying for such renewal is entitled thereto, and such application for renewal is made on or before the last regular meeting of the board before the expiration of the applicant’s certificate. And unless the above provision is com- plied with, the board may, at its discretion, order a new exami- nation. 1303. § 6. The board shall have the right to adopt sucli rules and regulations as they may deem necessary and proper, not inconsistent with this ordinance. The full board by a unani- THE CITY OF LINCOLN. 359 mous vote shall have power and may revoke any engineer’s cer- tificate upon good cause being shown therefor. 1304. § 7. It shall be the duty of each engineer holding a certificate from the board, or a certificate that has been visaed by the board, to display the same in some prominent place near the boiler or boilers in his charge. The board may revoke any en- gineer’s certificate who shall fail or refuse to comply with this section. 1305. § 8. The chairman of the Board of Engineers shall, in person or by deputy, carefully inspect and test every stationary steam boiler and steam generating apparatus used under pressure, located in the city of Lincoln, at least once annually. He shall keep a complete and accurate record of the names of all owners or users of steam boilers, giving a full description of the boilers inspected by him, and the amount of pressure allowed, and the date when last inspected, and the owner or user of such boiler shall pay the sum of three dollars for each inspection. If after inspection the inspector shall find the boiler in a safe condition, he shall issue to the owner or user of such boiler a certificate of inspection, but not until after the fee for such inspection has been collected. Any owner or user of any stationary steam boiler or boilers failing or refusing to have the same inspected as provided in this section, shall be deemed guilty of a misde- meanor, and, upon conviction, shall be fined in any sum not more than one hundred dollars. If any owner or user of a steam boiler or boilers, or an engineer in charge of the same, shall carry a greater pressure than is allowed in the certificate of in- spection granted by the inspector, they or either of them shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined not less than ten (10) dollars nor more than one hun- dred dollars, and in case of an engineer, his certificate shall be revoked. Or if such owners or users shall use any boiler that has been condemned as unsafe by the boiler inspector, they shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be fined in a sum not less than ten dollars nor more than one hundred dollars: Provided^ That any boiler which is kept 360 genf:ral ordinances of insured in any reputable and legitimate insurance company re- quiring inspection, or boilers that are used for heating private dwelling houses only, shall be exempt from the ins|)ection as provided in this ordinance. And it shall be the duty of any boiler inspector for any insurance company, immediately after each boiler inspected by him, to report in writing to the Board of Engineers, giving the name of the owner or user, the location and condition of each and every boiler inspected by such inspector. The penalty for the failure or refusal of any inspector to report as above shall be a fine of $10 for each boiler not so reported. 1306. § 9. It shall be the duty of every person holding a certificate from this board to make a semi-annual report to the board, during the months of January and July of each year, of the condition of every boiler, pumps, and connections under his charge, and a failure to do so shall be deemed under this ordi- nance a sufficient cause for the board to revoke the certificate held by the person thus failing to make such report. 1307. § 10. It shall be unlawful for any person to operate or cause to be operated any stationary steam boiler used to fur- nish steam for any purpose other than heating a private dwell- ing house unless there be in charge of such boiler an experienced person having a certificate from the Board of Engineers, or a certificate that has been visaed by the board, and any person or j)ersons found in charge of a boiler not having a certificate from the Board of Engineers, or a certificate that has been visaed by the board, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not less than five dol- lars nor more than fifty dollars for each ofiense: Provided, how- ever, That any owner or user of any boiler in use who shall for any cause be dej)rived of the service of a person holding such certificate may procure an experienced and careful person to take charge of such boiler for a period not to exceed ten days: Pro- vided further. That this does not apply to railway engineers running stationary engines in the employ of railway companies. 1308. § 11. Any person who shall violate or fail to comply with the provisions of this ordinance shall be deemed guilty of a THE CITY OF EINCOEN. 361 misdemeanor, and, upon conviction thereof, where no other fine is fixed, be fined in a sum not less than ten dollars nor more than fifty dollars for each offense. 1309. § 12. Each member of the board shall receive a salary of twenty-five dollars per annum. They shall each give bond to the city of Lincoln, Nebraska, in the sum of three hundred dollars, conditioned that they will faithfully and impartially discharge the duties of their, office and that they will fully ac- count for and pay into the city treasury once in each month all moneys received by them under this ordinance. 1310. § 13. It shall be the duty of the City Clerk to fur- nish the board with all necessary blanks and stationery. It shall be the duty of the secretary of the board to make a monthly report to the City Council, stating therein the nature and date of all boiler explosions and names of all persons receiving an engineer’s certificate during the current month and of the per- sons to whom certificates have been refused and of all such other proceedings of the board as the Council may direct. All moneys received under this ordinance shall be applied first towards the payment of all expenses and outlays created by this ordinance, and second, the balance, if any, shall be paid into the general fund of the city by the City Treasurer. [Passed January 3, 1893. Approved January 10, 1893. Published in News January 12, 1893. Passed October 17, 1893. Approved October 19, 1893. Published in Journal October 22, 1893.] Article LXII. Steam Carousals. 1311. § 1. That it shall be unlawful for any person, persons, corporation, or firm to carry on or engage in the business usually called and designated as a steam carousal,” or muscle developer, or lung tester, without first having obtained a license therefor from the said city, and without first having paid the charge for such license as hereinafter provided, and without first having ob- tained the consent in writing of each and every occupant and the 17 362 GENERAL ORDINANCES OF owner thereof of any and all dwelling houses or business houses or houses which may be within a radius of four hundred feet of the proposed location of such “steam carousal/’ or muscle de- veloper, or lung tester. 1312. § 2. The charge fora license for running and exhibit- ing a so-called “steam carousal,” or muscle developer, or lung tester, shall be at the rate of $ — ])er day, $5 per week, ^25 per month, and $100 per year. 1313. § 3. The party asking for such a license shall first pay to the City Treasurer the sums of money as hereinbefore speci- fied, and upon presentation of his receipt for such payments, to- gether with the consent in writing of each and every occupant, and the owner thereof of any and all dwelling houses, or busi- ness house or houses which may be within a radius of four hundred feet of the proposed location of such “steam carousal,” or muscle developer, or lung tester, to the City Clerk of the said city, he shall be entitled to receive from the said Clerk a license for the time specified by the said receipt, which license shall be signed by the Mayor and the City Clerk. The City Clerk shall not be authorized to issue the said license until he is satisfied by competent proof, by affidavit or otherwise, that the conditions herein required have been fidly complied with in all respects. 1314. § 4. The City Clerk shall be entitled to a fee of $1 for the issuing of said license. 1315. § 5. Any person who shall violate the provisions of this ordinance shall, upon conviction, be deemed guilty of a mis- demeanor, and shall be fined in the sum not exceeding $10 for each offense. [Passed June 5, 1894. Approved June 6, 1894. Published in Journal June 7, 1894.] THE CITY OF I.INCOLN. 363 AN 0!vI)INAN('K rcnulatiufj the erection, use, and operation of steam engines in the city of Lincoln, proliihiting the same save as lierein ])rovided, prescribing pen- alties lor violation of the provisions of this ordinance, and repealing ordinances in conliict hercAvitli. lie it ordained bi/ the Mayor and Council of the City of Lincoln: Article LXIII. Steam Engines. 1316. § 1. It shall be unlawful for any person or persons to erect, use, or operate, a steam engine within the fire limits of the city of Lincoln, except as hereinafter provided. 1317. § 2. Any person or persons desiring to erect, use, or operate, a steam engine within the fire limits of the city of Lin^ coin, shall make application to the City Council in writing for permission so to do. Such application shall set forth first, the })lace, when and for what purpose the steam engine is to be used ; second, that provisions have been made, either by a chimney or smoke-stack of sufficient height, or by other satisfactory methods, stating the same in the application, for avoiding all interference and annoyance to other business caused by the operation of such steam engine. Upon consideration of any such application, the City Council may, if to them it may seem desirable, grant such permission, whereupon the City Clerk shall issue a permit to such applicant. 1318. § 3. Any person or persons violating the provisions of this ordinance, or who shall erect, use, and operate, a steam en- gine within the fire limits of the city of Lincoln without first complying with the provisons of this ordinance and the procuring of the permit herein provided for, shall, upon conviction thereof, be fined in any sum not exceeding $50 for each offense, and stand committed until such fine and costs of prosecution are paid. § 4. All ordinances or parts of ordinances in conflict with the provisions of this or- dinance are hereby repealed. g 5. This ordinance shall take effect and be in force from and after the expiration of one week after its passage, approval, and publication according to law. Passed August 2G, A. D. IS95. Approved Au^st20, A. D. 1895. F. A. Graham, Mayor. Attest : J. W. Bowen, City Clerk, [seal.] 3G4 THE CITY OF LINCOLN. AN ()R1)INAN(;E rcguliiting the nnmbering of houses and naming the streets in the city of Lincoln, ])roviding how said streets shall he used, prohihiting their use in certain ways, providing lor condemnation of private property for use for street pur- poses, prescril)ing penalties for violation of the provisions of this ordinance, and repealing ordinances in conllict herewith. Be it ordained by the Mayor and Council of the City of Lincoln: Article LXIV. Streets. 1319. § 1. The several streets, avenues, and jiublic places in the city of Lincoln, shall hereafter be known and designated by the name applied thereto respectively on the map of the city of Lincoln, published by J. P. Walton, in the year 1889. 1320. § 2. It is hereby made the duty of the owners or oc- cupants of all buildings situated in the city of Lincoln to num- ber them in the manner herein, and as may be hereafter provided by the City Council. 1321. § 3. That every building fronting upon any of the streets in the city of Lincoln shall be numbered, commencing at First street and numbering from west to east, setting apart one hundred numbers for each block facing the same street, and shall be as nearly consecutive as possible, commencing with even hun- dreds in each block on all streets running east and west. Com- mencing at O street, and numbering north and south from .said O street, one hundred numbers shall be set a[)art for each block, commencing with even hundreds. All odd numbers shall be given to the buildings on the south side and even numbers on the north side of each street running east and west. On all streets running north and south, the odd numbers shall be on the west side and even numbers on the east side of each street. 1322. § 4. Each of the figures of every number shall be not less than three inches in length, being so marked as to be dis- tinctly and easily read. Said numbers shall be placed in a con- spicuous place, on the side of or above the front door of the buildings to which the same are attached. 1323. § 5. It shall be the duty of each owner or occupant, within thirty days after the taking effect of this ordinance, or THE CITY OF LINCOLN. 365 within tliirty days after the erection of any such building, to place or cause to be placed and maintained upon the front of his or her building, in plain distinct figures, in a conspicuous place near the front entrance, the number of his or her building. Any person failing to comply with the provisions of this sec- tion shall, upon conviction thereof, be fined in the sum of one dollar and costs of action, and stand committed to the jail of said city until such fine and costs are paid or secured. 1324. § 6. In case of refusal or neglect of any person to number his or her building as provided in this ordinance, the City Council may order the proper number placed thereon, and charge the cost thereof against and collect the same from the property so numbered in the manner provided by law for the levy and collection of special assessments. 1325. § 7. The streets, alleys, and sidewalks in the city of Lincoln shall be kept free and clear of all obstructions, in- cumbrances, and encroachments, for the use of the public, and shall not be used or occupied in any other way than as herein provided in this ordinance. No wagon, sleigh, sled, carriage, or vehicle of any kind, or any pait of the same, without horses or other beasts of burden, shall be permitted to remain or stand in any street, alley, or other public place in the city, for more than one hour, except for the purpose of being repaired, and then only in front of the premises of the j)erson so repairing, and within eight feet of the curbing, and any such vehicle may be removed by the Street Commissioner or any policeman. No such vehicle shall be permitted to remain on any sidewalk in this city under any circumstances for any [)urpose. 1326. § 8. No [)erson shall erect or place any building, in whole or in part, upon any street, alley, or sidewalk, or other ])ublic ground within this city, under penalty of a fine of not exceeding one hundred dollars. 1327. § 9. The owner of any building, fence, or other ob- struction, now stand iiig or which may hereafter be erected or placed u{)on any street, alley, or sidewalk, or public ground within this city, or which may be left standing upon any new 366 GENERAL ORDINANCES OF street that has been or may hereafter be opened, shall remove the same within such reasonable time not exceeding thirty nor less than three days, as he shall be required so to do by notice signed by the Street Commissioner, under penalty of a fine of not less than twenty-five nor more than one hundred dollars, and a further penalty of ten dollars for every day the same shall so remain. 1328. § 10. Whenever the owner of any building, fence, or other obstruction, upon any street, alley, sidewalk, or public ground in this city, shall refuse or neglect to remove the same after notice as prescribed in the preceding section, or if the owner cannot be readily found for the purpose of such notice, the same shall be deemed a nuisance, and it shall be lawful for the Street Commissioner, and it is hereby made his duty, to cause the same to be removed or taken down, in his discretion, and the expense thereof shall be recoverable of the owner in an action at law; and every person who shall oppose or resist the execution of the orders of said Street Commissioner in the ])remises shall be fined in any sum not exceeding one hundred dollars. 1329. § 11. Any person or persons who shall be engaged in drawing stone, ice, mortar, earth, rubbish, or manure, through the streets, shall, when conveying or carrying earth, manure, mortar, shavings, and rubbish, convey and carry the same in tight boxes, and when carrying or conveying any of the afore- said articles, in case the same fall into the street or the same be scattered in any street or avenue, cause the same to be forthwith removed; and for any violation of any provisions of this section he or they shall be fined not more than five dollars. 1330. § 12. No person shall be permitted to dress stone in the steets or prepare any material for building in the streets which can be prepared elsewhere. 1331. § 13. No person or persons shall be permitted to drive or cause to be driven any cattle throngli the streets of the city of Lincoln without providing one competent person as driver for each ten head or fractional part thereof. That when the cows THE CITY OF LINCOI.N. 867 or cattle are collected and held in herds exceeding ten head, there shall he at least one competent person as herder kept in charge for each ten head in said herd or fractional part thereof while collecting or disbanding said herd. That no one person shall he permitted to have in charge more than six head of cows or cattle while tying up or untying the same for the purpose of making up herds or disbanding the same, and the owner of or person managing herds shall be liable for all damages arising by reason of violations of this section. 1332. § 14. The names of all streets shall be placed on all street corners, and shall, wherever there are street lamps at the cor- ner of the street, be painted on said street lamps, or on tin, glass, or metallic strips or plates, and firmly attached to said lamps or lamp posts. 1332. § 15. It shall be unlawful for any person or persons to throw, catch, or bat, any ball in or upon any of the streets or alleys in the city of Lincoln. 1333. § 16. It shall be unlawful for any person or persons to dig u[), excavate, or remove, any dirt in any street or alley in the city of Lincoln, or in any part of such street or alley, or in any manner to obstruct or injure any such street or alley or part thereof without having first obtained the consent of the City Council. 1334. § 17. It shall be unlawful for any person or persons to make an excavation in any street or streets of the city of Lin- coln for gas or other mains, cellar areas, or any other purpose whatever, without thoroughly tamping the refilling of the same. 1335. § 18. It shall be unlawful for any person to drive over or across any of the curbing on any of the streets in the city of Lincoln. 1336. § 19. It shall be unlawful for any auctioneer or ped- dler to offer for sale any goods, wares, and merchandise, upon the streets of Lincoln within the distance of fifty feet from any established place of business. 1337. § 20. The curb lines on all streets in the city of Lin- coln shall be and are hereby established at a distance of one- 3G8 GENERAL ORDINANCES OF fourth (J) of the width of the street on which any curb is laid or built, from the lot line on each side of the street, and all corners of curbs must be turned on a circle, the radius of which shall be four feet : Provided, The provisions of this section shall not apply to the west side of Ninth street, between S and W streets. 1338. § 21. It shall be unlawful for any person within said city to place or sulfer to remain in any alley therein, any boxes, barrels, or other receptacles, refuse matter of any kind, or any other substance or thing whatever calculated to obstruct the j)ub- lic use of the same; and any person violating any of the pro- visions of this section shall, on conviction thereof, be subject to the penalty hereinafter provided. 1338a. § 22. It shall be unlawful for any person within said city, while erecting any building fronting on any street, to use for that purpose, or occupy with building material, more than one-third the width of any street or public thoroughfare imme- diately in front of the ground upon which such building is be- ing erected; nor shall such building material be allowed to re- main on any street or thoroughfare, to the inconvenience of the public, for a longer time than is necessary for the construction of such building; nor shall such building material be deposited in front of the property of another without the consent of the owner or occupant thereof. The owner of the ground upon which improvements are being made or built shall build and maintain, and at all times keep the same unobstructed, a side- walk of suitable material, not less than four feet in width, in front of such improvement, and shall put up and maintain a good and sufficient fence, not less than four feet in height, con- sisting of posts set securely, and with four six-inch boards se- curely fastened thereto, both in front and rear of all excavations, sufficient for the safety of the public. All such railings or pro- tections temporarily placed about any area or excavation for any building, shall be strongly built and securely erected, and so maintained so long as said excavation shall remain in a danger- ous condition. The owners of said improvements, and the per- sons having such work in charge, shall, during the night time. THE CITY OF ETNOOEN. ,309 keep and maintain li^lits burning as danger signals in some con- spicuous place at said excavation, and said lights shall also he so placed and sufficient in number to exhibit to passers by both the line of the excavation and such building material as may be temporarily occupying said portion of the street; and such care and precaution shall be taken by any person doing or causing to be done any such work, or having the same in charge, that a clear and unobstructed and safe passage way and sidewalk shall exist entirely around such excavation; and it shall be the duty of the several policemen of said city to see that the provisions of this section are rigidly enforced. 1339. § 23. It shall be unlawful for any person within said city to obstruct any street, or alley, or public highway thereof, by placing thereon, or permitting to remain thereon, any scales or any substance or thing interfering with the public use of the same, or to dig or make any ditch or excavation in any street or public highway, except for public purposes and temporary uses, or permit any such excavation to remain open for a longer time than is actually necessary, and all such excavations shall be care- fully guarded while being made or used. 1340. § 24. It shall be unlawful for any person or persons to move any building of any kind into, upon, across, or along, any of the streets or alleys of the city of Lincoln without first obtaining from the Mayor and Council of said city of Lincoln a permit for such removal. 1341. § 25. Whoever shall be convicted of a violation of this section shall be fined in any sum not less than ten dollars nor more than one hundred dollars for each offense, and costs of prosecution, and shall stand committed until such fine and costs are paid. No permit for the removal of any building through or upon, along, across, any of the streets or alleys of said city, shall be granted unless the person desiring such permit shall present to the Council a petition showing the place from which such build- ing is to be removed, the street or streets, alley or alleys, along, across, or upon which such building is to be taken and removed. 370 GENERAL ORDINANCES OP the place at which the same is to be located, and the time the same is to be removed, and the time the same will be in transit, and the size and kind of building: P^'ovided^ No permit shall be granted until the person a})plying therefor shall file with City Clerk his undertaking with one or more sufficient sureties, to be approved by the City Clerk, in the penal sum of $200, condi- tioned that the said applicant will make good all injury and damage done to the sidewalks and crosswalks over and along which the said house shall be moved, and shall remove said building from its present site to its destination within a period of not more than thirty days to be fixed by the Council, and for any damage that shall be caused or arise to the city of Lincoln or to any person whomsoever by reason of the removal of said building. A fee of one dollar shall be paid into the city treasury for such permit. 1342. § 26. It shall be unlawful for any house-mover, or other person, while engaged in moving any house or other build- ing in this city, to move the same along and over any street in which any street railroad track may be laid, in such manner as to obstruct the use of such track, unless such moving shall be done in the night time when cars are not running: Pi'ovided^ That the Council may in proper cases suspend the operation of this section. 1343. § 27. That all persons owning lots or parcels of ground within the limits of paving districts numbers one and two of the city of Lincoln, be and they are hereby required within sixty days, from and after the adoption and ’publication of this ordinance, to lay the proper drain or sewer pipes from the line of each lot or parcel of ground above described to and to con- nect the same with the public sanitary sewer adjoining said lot. Said work to be done as required by the provisions of the ordi- nance fixing and regulating the use of such sewers in said city: Provided, This ordinance shall not apply to property in front of which water mains have not been laid: And Provided, That vaults and water closets in said districts shall be connected with sanitary sewers, when so ordered by the Board of Health. THE CITY OP LINCOLN. 371 Any person who shall fail and refuse to comply with the pro- visions of this section within the time herein provided, shall, upon conviction thereof, be fined in any sum not exceeding one dollar for each day he shall so fail and refuse, and shall stand committed until such fine and costs of prosecution are paid. 1334. § 28. The Mayor and Council of the city of Lincoln may open, widen, or otherwise improve or vacate any street, avenue, alley, or lane, within the limits of said city; and may also create, open, and improve, any new street, avenue, alley, or lane, within the limits of said city, whenever in their opinion the public interests shall so require. 1345. § 29. If the owner of any property required to be taken under the provisions of the preceding section, shall refuse to dedicate the same for the purpose required, the Mayor, with the consent of the Council, shall appoint tliree disinterested free- holders of said city, whose duty it shall be to inspect the prop- erty required and report in writing, under oath, to tlie Council, a description of each piece of property taken, and the name of the owner, and the amount of damages sustained in each case by reason of the opening, creating or improving, any street avenue, alley, or lane within the city. 1346. § 30. Such appraisers shall give written notice to the owners of property to be appraised; said notice shall contain a description of the property of said owner which is to be appraised, the purpose for which said property is to be taken, the name of the appraisers, and the time the appraisement is to be made. Such notice shall be served personally upon the owner or by leaving it at his usual place of residence, and service shall be made ten days before the appraisement shall be made. If per- sonal service cannot be liad upon any owner, the appraisers shall cause a notice to be published for four consecutive weeks in some newspaper of general circulation and published in said city, and such notice shall set forth all that is required in cases of per- sonal service, and shall state the time of the appraisement, which shall not be sooner than ten days after the last [)ublication above required. 372 GENERAL ORDINANCES OF 1347. § 31. After the filing of the report of the appraisers with the Council and payment to the City Treasurer of the amount assessed to any owner for the use and benefit of such owner, the city of Lincoln is authorized to go upon and use said property for the purposes required. Either party not satisfied with the appraisement may appeal therefrom in the same manner as ap- peals are allowed in cases of condemnation of property for rail- road purposes, and the proceedings shall be the same as far as practicable. 1348. § 32. The appraisers shall receive two dollars per day for each day^s work and be paid by the city. 1349. § 33. That whenever the Council of the city of Lin- coln shall deem it necessary to grade or repair any street, avenue, or alley, or any part thereof, within the city of Lincoln, other- wise than for the purpose of paving, macadamizing, curbing, or guttering the same, they shall order and cause such grading, cut- ting down, or filling up of any such street, avenue, or alley, or any portion thereof, to be done as may be necessary to make the same to correspond to the established grade of the streets of said city, as near as may be, and sufficient to keep the same in good repair for public use, the expense thereof to be paid from the funds of said city. No highway in said city shall be perma- nently graded except the same be ordered done by an affirmative vote of two-thirds of the City Council. The grading and repair of streets and highways contemplated herein shall be done under the supervision of the Street Commis- sioner and the City Engineer, when the work is of such nature as to require the services of the latter officer. 1350. § 34. No person shall be allowed to make any excava- tion in any paved street or alley, or remove any paving or other material forming any street or improvement thereon, without a permit from the City Engineer, and to be issued only upon a written application of the party desiring such permit, which ap- plication shall be filed away in an orderly manner and duly pre- served. Such person shall be required to maintain good and sufficient barricade, guard, lights, and signals, as will protect THE CITY OF IJNCOEN. 373 tlie from injury or loss. Such applicant shall deposit with the City Engineer the sum of ten dollars or a sum sufficient to cover the cost of replacing any pavement removed, and it is hereby made the duty of the City Engineer to cause the said pavement to be replaced, and after paying the ex{)ense thereof the balance of the money, if any, remaining in his hands, shall be. returned to the applicant. Any person who shall do or per- form any of the acts prohibited by this section, or any person who shall, while acting under the permit as aforesaid, fail to erect and maintain good and sufficient barricades, guards, lights, and signals, as herein provided, shall, upon conviction thereof, be fined in any sum not less than five dollars nor more than one hundred dollars. A fee of one dollar shall be paid into the city treasury for each permit. 1351. § 35. Any person who shall violate any provision of this ordinance for which a penalty is not otherwise provided, shall, upon conviction, be fined in any sum not exceeding one hundred dollars. ^ 36. All ordinances or parts of ordinances in conflict with tlic provisions of this ordinance are hereby repealed. g 37. This ordinance shall take effect and he in force from and after the expiration of one week after its passaj^e, approval, and i)ublication according to law. Passed Angnst 26, A. 1). 1«9.'). Approved August 26, A. I). 1895. F. A. Graham, Mayor. Attest ; J. W. Bowen, City Clerk, [seal.] AN ORDINANCE regulating the construction, use, and operation of street railroads in the city of Lincoln, providing for an election to decide whetlier a jtroposed com- pany shall be granted the right to construct and o])erate its i)roi)()sed road, fixing the maximnm rate of fare to be charged by street railroads in the city of Lincoln, and regulating the methods of paying the same, and the sale of tickets by such companies, prescribing penalties for violation of the i)rovisions Of this ordinance, and repealing ordinances in conflict herewith. Be it ordained by the Mayor and Coaneil of the City of Lincoln : Article LXV. Street Railroads. 1352. § 1. Any street railroad company desiring hereafter to secure a charter to construct and operate a street railroad in the city of Lincoln, shall file with the City Clerk a map or plat showing the exad route or routes of the proposed street railroad. 374 GENERAL ORDINANCES OF and designating the termini and the street or streets, or portions tliereof, along which it is intended to construct and operate such street railroad. 1353. § 2. Upon the filing of such |)lat the Council shall provide by ordinance for an election to enable the qualified elect- ors of said city to vote upon the question whether said company shall be granted the right to construct and operate such proposed street railroad. 1354. § 3. Upon the passage of such ordinance, the Mayor shall cause a notice of such election to be published at least ten days prior thereto in some newspaper published in said city, which notice shall state the termini of such proposed street rail- road, and the street or streets, or portions thereof, through which it is proposed to construct and operate, the same as shown by the plat filed as hereinbefore provided, the form in which the ques- tion shall be taken, and the time when such election shall be held. 1355. § 4. Every such election shall be held at the time designated in the notice, and shall be held in the same manner and at the same place as the general city elections, and the returns shall be canvassed by the Council at its next meeting after such election, and the result declared, and if the majority of the elect- ors of said city shall be found to be in favor of constructing and operating such proposed street railroad, the Council shall cause the City Clerk to make out a certificate of the result, stat- ing that the consent of a majority of the electors of such city has been given to the constructing and operating of such street railroad, and deliver the same to the chief officer of such street railroad company, and thereupon such street railroad company shall be authorized to proceed to construct and operate such street railroad: Provided^ That the franchise so granted shall not be exclusive, and that said railroad shall be constructed and oper- ated subject to such rules and regulations as may now or here- after be established by ordinance, and that the said railroad company shall be guided, governed, and regulated, by the pro- visions of this ordinance, and such further conditions, restric- THE CITY OF LINCOEN. 375 tioiis, rules, and regulations, as may hereafter be provided, and such further necessary and usual police regulations as the Coun- cil may hereafter establish. 135G. § 5. The expense of j)ublishing the ordinance and no- tice of election, and all expenses of such election, shall be paid by the company at whose request said election was held. 1357. § 6. That all tracks laid for street railroads shall be of the uniform gauge of four feet eight and one-half inches ; and the same shall be laid according to the direction of the City Council and City Civil Engineer; and no motive power except horses or mules, cables, or electricity, shall hereafter be used upon any street railroad in this city, and no street railroad shall be used for the transportation of freight, but only for passengers and their ordinary baggage or packages in hand : Provided further y That every company to whom any privilege shall be granted to construct and operate street railroads uj)on the streets and avenues of this city, shall place and continue upon said road good cars for the convenience and comfort of passengers, and that they run cars thereon as often as the public convenience and business of the road will justify. 1358. § 7. The track of every street railroad shall conform to the established grade of the streets wherever the street itself is or may be put to grade, and on streets that have not yet been put to permanent grade, the said tracks shall conform as nearly as practicable to the general surface of such street, and shall be con- structed in such manner as to be no impediment to the ordinary use of the streets and the passage of wagons, carriages, and other vehicles, upon, along, or across said track, at any point and in any direction, and shall be kept in good repair, to the satisfaction of the Council; and in the case of the failure of any company to do the same within ten days after being notified by the proper city officer, the Council shall have the right to prevent the use of said track until the provisions of this section are complied with. 1359. § 8. The center of the track of all street railroads shall, as nearly as possible, be constructed in the center of the street. 376 GENERAL ORDINANCES OP except when two tracks are laid, when tlie center between the tracks shall be as nearly as practicable in the center of the street. Not more than two (2) street car tracks shall be laid upon any one street of this city regardless of how many companies may desire to or are using said streets : Pi^ovided, however, That this act shall not apply to that part of the street where the tracks of the several street cars cross each other upon cross streets, nor shall this ordinance prevent the laying of switches to connect the several tracks and cross tracks permitted under ordinance of this city, and all tracks shall be as near to the center of the street as possible. 1360. § 9. That when two tracks shall have been constructed upon any street or portion thereof, it shall be unlawful for any company to construct any turn-out or switch on that portion of the street so occupied by two tracks : Provided, That this section shall not be construed to prevent the construction of suitable switches or turn-outs to connect said two tracks wherever neces- sary or desirable. 1361. § 10. The Mayor and Council shall, at any time, have the power to order any street railroad company to cause its track or tracks to be taken up and relaid at the cost and expense of said company whenever it shall be necessary for the purpose of regrading any streets, constructing sewers, or laying water mains therein; and the city of Lincoln shall not be liable to any such company or individuals for any damage any such company or individuals may incur, or from any delay in the transportation of passengers that may be caused by the laying of sewers or water mains, or the necessary repairing of the same, or from any delay or damage that may be caused by fire or otherwise. 1362. § 11. That in case any street railroad company shall hereafter desire to run its cars so as to reach any railroad depot, and all the available streets leading to such depot shall already be fully occupied by street railroad tracks, then in such case the Council, if in its judgment the public good demands, may by ordinance j)rovide for the use of the track or tracks already con- structed by such subsequent company jointly with the company THE CITY OF T.TNCOLN. 377 or companies owning such track or tracks, for a distance not ex- ceeding two blocks: Pt'ovided, That the company or companies desiring such use shall pay a just and equitable sum, to be de- termined by arbitration or by law, for the occupation, construc- tion, and maintenance of said track or tracks, so jointly to be occupied and used, but that the legal ownership of said track shall remain in the company which first constructed the same. 1363. §12. That the privilege of laying tracks shall include all necessary side track and switches, and laying and keeping in repair of the same, and the parts of the street occupied by the same, to be governed by the same regulations as the main tracks; the grant of the use of any street shall also include, under the same restrictions and rules, the bridges on such street. 1364. § 13. The following regulations shall apply and govern every company operating street railroads in this city : 1st. No car shall be drawn at greater speed than seven miles an hour. 2d. In turning corners from one street to another the speed of cars shall not exceed five (5) miles per hour. 3d. Cars driven in the same direction shall not be driven nearer each other than one hundred feet, unless in case of acci- dent or where it is necessary to connect two cars, or when cars are near or at a station. No car shall be stopped over a cross- walk, or in front of an intersecting street, except to take up or leave passengers, or to avoid collision, or to prevent danger to persons in the car or street, or in case of muddy streets, when the same can be done with safety to persons on the street. 4th. When a car is required to stop at the intersection of streets, to take up or leave passengers, it shall be stopped so as to leave the rear of the platform slightly over the crossing. 5th. The conductors and drivers of each car shall use all rea- sonable diligence in watching for all teams, carriages, persons on foot, and especially children, either on the track or moving toward it, and on the appearance of danger to such teams or ])ersons, or other obstructions, the car shall be stopped as promptly as possible. 378 GENERAL ORDINANCES OF 6th. All proper care shall be used by conductors and drivers to prevent injury to teams, carriages, wagons, and other vehicles. 7th. The conductors and drivers shall endeavor to prevent ladies and children from entering or leaving the cars while in motion. 8th. The cars after dark will be j)rovided with signal lights. 1365. § 14. The cars shall be entitled to the track and shall not be obstructed by any vehicle or otherwise. Any vehicle or other obstruction u[)on the track of any street railroad shall be turned out or removed when any car comes up, so as to leave the track unobstructed, and the driver of any vehicle 'refusing or neglecting to do so, or any person otherwise placing obstruc- tions on said road and refusing promptly to remove the same for the passage of any car, shall be subject to the penalty herein- after provided for violation of any of the provisions of this or- dinance: Provided^ That if any | erson shall have cause to remove any building, or other heavy substance, such person shall be al- lowed a reasonable time, not to exceed one hour, to cross said track, without being liable to the penalty herein named. 1366. § 15. That carts, carriages, or other vehicles of any kind, moving in the same direction with the cars upon any street railroad track in this city, shall have the right-of-way in prefer- ence to vehicles coming from the opposite direction, and it shall be the duty of all persons, having charge of vehicles passing in the opposite direction of the cars, to leave the track free for the passage of the cars, and for any vehicle following the cars upon the railroad track. 1367. § 16. That no street railway company shall charge or receive more than five (5) cents fare for each passenger carried on any of its roads, nor more than one dollar for each package of twenty-two (22) tickets, to be sold as provided in section 17 hereof. 1368. § 17. Every street railway company in this city shall keep for sale during customary business hours at not less than three (3) convenient places in the business portion of the city, packages of tickets of the required number of eleven (11) tick- THE CITY OF LINCOI.N. 379 ets for fifty cents or twenty-two (22) ticke(s for one dollar, ready for delivery to any person applying and paying for tlie same. 1369. § 18. It shall be unlawful for any minor under the age of twelve years to get upon or off, or attempt to get upon or off, any street railroad car, or any platform or step thereof, while the car is in motion. 1370. § 19. It shall be unlawful for any person to ride upon any street railroad car in the city of Lincoln without paying, in the manner prescribed by the rules of said company, the fare herein provided for. 1371. § 20. The provisions of this ordinance, except the first five sections thereof, shall govern and control all street railroad companies owning or operating street railroads in this city. 1372. § 21. Any person who shall violate any of the pro- visions of this ordinance shall, upon conviction thereof, be fined in any sum not exceeding one hundred dollars, and be committed in the city prison until such fine and costs of prosecution are paid. I 22. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. g 22. This ordinance shall take effect .and be in force from and after the expiration of one week from its i)assage, approval, and publication according to law. P.assed August 2(1, A. D. 1895. Approved August 26, A. I). 1895. F. A. Graham, Mayor. Attest: J. W. Bowen, City Clerk, [seal.] AN ORDINANCE regulating the construction of street railway tracks through the paved streets of the city of Lincoln, Nebraska. Be it ordained by the Mayor and Council of the City of Lincoln : 1372a. § 1. That hereafter no street railway company shall construct its tracks upon any paved street of this city excejit in accordance with the following terms and conditions: Any such company desiring to construct its tracks through any paved streets shall file with the City Council a written application fora permit to construct such track; such application shall state the location of the proposed track, and shall also contain an agree- ment of said company to abide by and to conform to all the re- quirements of this ordinance. 13726. § 2. Upon the filing of such application the City 380 GENERAL ORDINANCES OF Council shall cause an estimate to be made of the cost of paving between the rails of such tracks, and such cornpauy shall be re- quired to pay for such privileges as follows: If such tracks con- structed within one year after the cost of such street paving has been levied and assessed, then such company shall pay the whole of the original estimated cost of paving between the rails of such track or tracks. If such track is constructed after one year and within two years after such levy and assessment, then such com- pany shall pay nine-tenths of such original cost of such paving, and for each year after such assessment a reduction of one-tenth of the original cost of such paving shall be made. Such com- pany shall also be required to remove and to relay pavement re- moved in such tracks construction, at its own expense. 1372c. § 3. Payment shall be made by such company as fol- lows: The whole sum thus due from such company may be paid in one installment if paid within fifty days from date of levy or the date the permit for such construction was granted, or in equal annual installments of one-tenth of such original cost. Deferred payments shall bear interest the same as special assess- ments upon real estate for paving to be paid at the time when the special paving taxes are due in the district where the track of such company is laid : Provided, That if said company is charged with the whole of such original cost, the one tenth thereof shall be paid in cash at the time of receiving a permit for such con- struction. All payments by the com{)auy shall be made to the City Treasurer and by him apportioned between the intersections and district paving funds according to the amount of such tax in intersections and districts; the sums ap})ortioned to the district funds shall be divided among the several parcels of real estate assessed with the cost of such paving in accordance with the ratio of assessments as a credit upon the assessments thereon. 1372d. § 4. Such company shall also execute and deliver a good and sufficient bond to the city of Lincoln, Nebraska, in double the amount charged to such company, with good and suf- ficient sureties, conditioned that such company will pay the said several sums of money as herein provided when the same are THE CITY OF EINCOLN. 381 due, and that said company will faithfully comply with all the j)rovisions of this ordinance. Upon the filing of such bond and the com[)liance with the precedent requirements of this ordi- nance, the City Council may grant a permit to such company to construct its track as desired, and thereupon such company shall be authorized to proceed with such work. All such track con- struction shall be done in strict accordance with the ordinances of the city of Lincoln and under the direction and supervision of the City Engineer and Board of Public Works, subject to the approval of the Mayor and Council. g 5. All ordinances or parts of ordinances in conflict or inconsistent herewith are hereby repealed, and this ordinance shall be in force from and after its passage, ap- proval, and publication according to law. Passed April 28, 1890. Approved April 29, 1890. Article LX VI. 1373. § 2. It shall be unlawful for any person or persons within the limits of the city of Lincoln, on the Sabbath day, commonly known as Sunday, to engage in any dancing, running at foot races, or fast driving of horses or other animals, playing at ball, ten pins, pitching quoits, wrestling, boxing, fishing, dis- charging pistols or other fire-arms, beating drums or playing upon other loud sounding instruments, except at funerals, to en- gage in or exhibit any show, play, opera, theater, or public amusement, excepting sacred concerts where no admission fee is charged, or to use or permit any licensed hall, opera house, saloon, billiard hall, or other place of public amusement so to be used on said day. 1374. § 3. It shall be unlawful for any business house, bank, store, saloon, or any office, to be open, or for any person or per- sons to be admitted thereto for general business, on said day, within the limits of said city, excepting only offices of physi- cians, telegraph offices, express offices, photograph galleries, rail- road offices, telephone offices^ hotels, restaurants, cigar stores, eat- 382 GENERAL ORDINANCES OF ing houses, ice cream parlors, fruit stands, or other like places of business in the sale of goods and commodities of a perishable character and for immediate use, street cars, railway passenger trains, livery stables, venders of ice, bread, and milk, and drug stores, for necessary purposes. Meat markets shall be permitted to be open till the hour of 9 o’clock A. M., from the first day of May until the 1st day of November, but shall not be open for the purpose of selling meat or produce from the 1st day of November [till the first day of May], and bath-rooms and the printing of newspapers and distribution thereof, shall be open until the hour of 12 o’clock noon. The term saloon, as used in this ordinance, shall be construed to include all places where malt, spirituous, or vinous liquors are sold or kept for sale as a beverage; and it is further provided that all persons engaged in and about these occupations shall conduct the same in a quiet, or- derly manner, so as in no way or manner to interfere with or molest persons engaged in public worship at places of worship: Provided^ That works of necessity and charity are excepted from the operation of this article: And Provided further ^ That noth- ing herein contained shall extend to those who conscientiously observe the seventh day of the week as the Sabbath, nor to pre- vent families emigrating from traveling, superintendents or keep- ers of toll bridges or toll gates from attending and superintend- ing the same, or ferrymen from conveying travelers over the waters, or ])ersons moving their families on such days, or to pre- vent railway companies from running necessary trains. 1375. § 4. Any person violating any of the provisions of this article, shall, upon conviction thereof, be fined in a sum not less than $5 nor moretlian $100 for each offense, and stand com- mitted nntil such fine and costs of execution are paid. [Passed February 6, 1894. Approved February 9, 1894. Published in Journal Feb- ruary 10, 1894.] THE CITY OF LINCOLN. 383 AN OIvDINANCn^ rcffulatinjj: the manner in which tlie printing of the city of Ijincoln shall be (lone, directing the City Clerk to advertise each year for bids therefor, regu- lating the manner in which the contract shall be let, and providing that copies of work done be furnished certain otVices. Be it ordained by the Mayor and Council of the City of Lincoln : Article LX VII. Supplies — City Printing. 1376. § 1. The City Clerk shall, when ordered by the Mayor and Council, during the month of December of each year advertise, in some daily newspaper published in the city, for ])roposals for publishing in some newspaper published in the English language in the city of Lincoln all advertisements, no- tices, and ordinances on account of the city for one year. All bids shall be directed to the Clerk and shall be presented to the Council at its first meeting in January. 1377. § 2. All such bids shall be opened by the clerk in the presence of the Council, while in session, and the contract for doing said printing shall be awarded by them to the lowest and best bidder; and if all bids are rejected, the Clerk shall again advertise for bids. No bid in excess of twenty-five cents per square of unleaded nonpareil type shall be accepted. 1378. § 3. After said contract has been awarded, the City Clerk shall enter into a written contract with the person or com- pany to whom the same has been awarded, in accordance with the terms of his bids for doing said printing, and shall also cause said party to execute a bond to the city in the sum of $1,000, or any other sum fixed by the Council, with sufficient security for the faithful performance of the terms and conditions of said con- tract. No printing or advertising of any kind shall be done at the expense of the city in any other newsj)aper than the one to which the same shall have been let. 1379. § 4. It shall be the duty of the City Clerk, whenever any job printing is required by the city, or any of the city de- partments, such as blanks, blank books, bill or letter heads, con- tracts, bonds for licenses, receipts, assessment lists, or job print- 384 GENERAL ORDINANCES OF ing of any kind, to furnish a copy or statement of the work required to be done, to each job printing office in the city, and receive bids therefor, open the same and award the contract to tl)e lowest and best bidder for such work. 1380. § 5. In all contracts for city printing it shall be stip- ulated that copies of the paper publishing the city printing shall be regularly left at the office of the Mayor, City Clerk, City Treasurer, City Engineer, and City Attorney, as ordinarily dis- tributed to regular subscribers. g 6. All ordinances or parts of ordinances in conflict with the provisions of this or- dinance are hereby repealed. § 7. This ordinance shall take effect and be in force from and after its passage, ap- proval, and publication according to law. Passed August 26, A. D. 1S95. Approved August 26, A. D. 1895. F. A. Graham, Mayor. Attest: J. W. Bowen, City Clerk, [seal.] AN ORDINANCE to provide for the manner of procuring supplies for the city of Lin- coln, authorizing the making of a contract therefor, and providing the manner in which payment shall be made. Be it ordained by the Mayor and Council of the City of Lincoln : Article LXVIll. Supplies fo7' City Govemment. 1381. § 1. It shall be the duty of the City Clerk, on or be- fore the first day of December annually, to prepare separate esti- mates, of all kinds of supplies, personal property, and material required for the use of the city during the ensuing year, and dur- ing the first week in December he shall publish a brief advertise- ment in one newsjiaper published in the city, stating the prob- able amount and kind of supplies, personal property, and material required by such city during the year following the first day of January next ensuing, and inviting bids therefor, which bids shall be filed with said clerk on or before the first day of Jan- uary. 1382. § 2. Such advertisements shall be for seven days at least, and the bids in response thereto shall be in writing, sealed, and delivered to the City Clerk, and by him opened in the pre.s- ence of the Council at some regular or called session, at which THE CITY OF LINCOLN. 385 time the Council shall examine said bids, declare the lowest and best bidder, and make award accordingly: Provided, That the Council shall have the right to reject any and all bids, if not deemed satisfactory, in which case the City Clerk shall re-adver- tise in like manner as at first. 1383. § 3. Every bid shall be accompanied with a bond of the bidder in the sum of five hundred dollars, with two good and sufficient securities, to be approved by the Clerk, conditioned that in case such bid is accepted the bidder will, without delay, enter into contract in writing, and give bond to comply with and carry out the same, which bond shall be in such sum as will be double the probable amount of supplies for the year contemplated in such bid. 1384. § 4. The committee of the Council on the various de- partments of the city, shall, prior to the time of said advertise- ment, furnish the City Clerk with estimates and lists of the kinds and amounts of supplies that will probably be needed for the year, in their various departments, and parties desirous of making bids shall receive such information as to kind and prob- able quantity needed, by making application to the City Clerk. 1385. § 5. The only kind of contract authorized by this or- dinance shall be one in which the city agrees to take supplies needed in the various departments, from time to time, and as warrants can be drawn to pay for the same during the year; and in case any bid is satisfactory, a contract may be awarded on these terms. No supplies shall be purchased or furnished except upon the order of the Mayor or proper chairman of committee. § 6. This ordinance shall take eilect and be in force from and after its passage, ap- proval, and publication according to law. Passed August 20, A. D. 1895. Approved August 26, A. D. 1895. F. A. Gkaham, Mayor. Attest: J. W. Bowen, City Clerk, [seal.] 18 386 GENERAL ORDINANCES OF AN ORDINANCE regulating and taxing telegraph and telephone companies in the city of Lincoln, prohibiting them from doing business save under certain condi- tions, directing the manner in which poles, wires, and other apparatus shall be placed, prescribing penalties for violation of this ordinance, and repealing ordi- nances in conflict herewith. Be it ordained by the Mayor and Council of the City of Lincoln: Article LXIX. Telegraphs and Telephones, 1386. § 1. Hereafter no telegrajih, telephone, or electric light pole or posts shall be placed in or upon any sidewalk space in the city of Lincoln, unless a permit shall first be obtained therefor from the Mayor or Council. 1387. § 2. All telegraph, telephone, and electric light poles or posts which shall be hereafter erected on any street inside of this city, shall be placed in said sidewalk space, and the outside of the poles shall be set against the curb-stone, and no post shall be set nearer than four feet to any hydrant. All such poles here- after set shall be placed opposite the lot line. 1388. § 3. That all telegraph, telephone, and electric light poles or posts, now erected upon any street in this city, shall be placed in the position designated in this ordinance when so ordered by the Mayor and Council. If any corporation, com- pany, or persons, fail to comply with the order of the Council for ten days, then the superintendent, secretary, or any agent of such company or corporation, may be arrested and fined in any sum not to exceed $25 for each offense, and be committed until such fine and costs are paid. 1389. § 4. That all telegraph, telephone, and electric light companies, shall be responsible for all damages done to side- walks, curbing, or area walls. After setting poles they shall remove all surplus dirt and replace the sidewalk in a neat and workmanlike manner, and not leave it uneven and holes around the poles, but shall fit the walk around the poles closely and neatly. In cases of removing the poles they shall fill up all holes carefully, and tamp the dirt and remove all surplus dirt THE CITY OF LINCOI.N. 387 and replace the sidewalk, leaving it in as good condition as it was before it was taken up for resetting the pole or poles. 1390. § 5. Any person or persons who shall violate any of the provisions of the foregoing sections of this ordinance, shall, upon conviction, be fined in any sum not exceeding one hundred dollars. 1391. § 6. Hereafter it shall be unlawful for any person, corporation, or company, his or its agency, to erect or maintain on or over the streets, alleys, or lanes of the city of Lincoln, a telephone line or lines, and use and operate the same, without first having paid a tax therefor, according to the provisions of this ordinance, under penalty of a fine of not less than ten nor more than one hundred dollars for each day said line or lines are operated without the payment of said tax. 1392. § 7. Hereafter it shall not be lawful for any telegraph company, or its agency, to transact any telegraph business within the limits of the city of Lincoln without having first paid a tax therefor, according to the provisions of this ordinance, under penalty of a fine of not less than fifty nor more than one hundred dollars for each offense. 1393. § 8. The tax for operating and maintaing a telephone line shall be five hundred ($500.00) dollars per annum ; for each telegraph company it shall be fifty ($50.00) dollars per annum. The tax herein imposed shall be in addition to any tax which may be levied upon the assessed value of all real and personal property owned by such persons or companies within the limits of this city. The word telegraph, as used in this ordinance, shall be held to include district telegraph and similar companies. The tax herein imposed shall be paid into the police fund. § 9. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. g 10. This ordinance shall take effect and be in force from and after its passage, approval, and publication according to law. Passed August 26, A. D. 1895. Approved August 26, A. D. 1895. F. A. Graham, Mayor. Attest: J. W. Bowen, City Clerk, [seal.] 388 GENERAL ORDINANCES OF AN ORDINANCE to divide the city of Lincoln into seven wards, fixing the boundaries of said wards, and repealing ordinances in conflict herewith. Be it ordained &// the Mayor and Council of tiie City of Lincoln : Article LXX. War'ds. 1394. § 1. The First ward shall he composed of that part of the city lying north of N street and west and south of the following boundaries: From N street running north on Eleventh street to E, street; thence east on R to Twelfth street; thence north on Twelfth street to Y street; thence west along said Y street to the west limits of the city. 1395. § 2. The Second ward shall consist of all that part of the city lying west of Eleventh street between N and F streets. 1396. § 3. Tlie Third ward shall consist of all that part of the city lying north of O street, east of the east boundary line of the First ward, and south of the center of the Missouri Pa- cific railroad track running west to West Lincoln, and west of Twenty-second street. 1397. § 4. The Fourth ward shall consist of all that part of the city between O and F streets north and south, and between Eleventh and Twenty-second streets east and west. 1398. § 5. The Fifth ward shall consist of all that part of the city lying south of F street and west of Twenty-second street. 1399. § 6. The Sixth ward shall consist of all that part of the city lying east of Twenty-second street and south of Vine street. The west boundary of the Sixth ward is more particu- larly described as follows: Beginning at Twenty-second street and Lake avenue, being the southwest corner of Park Hill ad- dition; thence north along Twenty-second street to Sumner street; thence east to Twenty-second street in Pleasant Hill ad- dition ; thence north along Twenty-second street to D street; thence west to Twenty-second street in Houtz Place; thence north along Twenty-second to Randolph street; thence north THE CITY OF IJNCOI.N. 389 along tlie east line of Davenport’s second addition, McMurtry’s addition, Avondale’s addition, and Spencer’s addition to O street ; thence west to Twenty-second street in Kinney’s O street addi- tion; thence north to E. street; thence west to Twenty-second street in Lincoln Driving Park Company’s first subdivision; thence north to Vine street. 1400. § 7. The Seventh ward shall consist of all that part of the city lying north of the First, Third, and Sixth wards, the south line of which is more particularly described as follows: Commencing at Y street at the west line of the city limits; thence east on said Y street to Twelfth street; thence south on Twelfth to the center of the Missouri Pacific railroad track; thence east to Twenty-second street; thence south to Vine street; thence east to the city limits. 1401. § 8. Except when otherwise provided, the boundary lines of the wards shall extend to the center of the streets named in this ordinance, or should there be no street on any part of the boundary line mentioned, then such part of the boundary line shall extend in conformity to an extended line conforming to such center of street mentioned for boundary. g 9. All ordinances or parts of ordinances contrary to the provisions of this ordi- nance are hereby repealed. g 10. This ordinance shall take elfect and be in force from and after its approval and publication according to law. Passed August 20, A. D. 1895. Approved August 20, A. D. 1895. F. A. CiRAiiAM, Mayor. Attest : J. W. Bowen, City Clerk, [seal.] AN ORDINANCE defining the duties aud powers of the Water Commissioner and pre- scribing ihe rates to be i)aid for water and the rules to govern the use of water, and providing i)enalties for violation of the i)rovisions of this ordinance, and repealing ordinances in conflict herewith. Be it ordained by the Mayor and City Council of the City of Lincoln : Article LXXI. Water — Water Commissioner. 1402. § 1. The Water Commissioner, under the direction of the Mayor and Council, shall have the control and management of the water works system of the city. The Council may at any 390 GENERAL ORDINANCES OF time, when deemed advisable, provide by ordinance or resolution for the appointment of a book-keeper or cashier, and such other clerks and assistants as may be deemed necessary, who shall be ap- pointed by the Mayor, by and with the assent of the Council. Before entering upon his duties, the book-keeper and cashier provided for in this section shall give a bond with two good and sufficient sureties, in the penal sum of two thousand ($2,000) dollars, conditioned upon the faithful performance of his duties. 1403. § 2. The Water Commissioner shall collect all money receivable by the city on account of the system of water works, and shall faithfully account for and pay the same over to the Treasurer at the end of each and every month, taking his receipt therefor in duplicate and filing one with the City Clerk. 1404. § 3. On the first Monday in January, April, July, and October of each year the Water Commissioner shall make a detailed report to the Council of the condition of said water sys- tem, and of all mains, pipes, hydrants, reservoirs, and machinery, recommending such improvements and repairs and extensions thereof as he may think proper. Such report shall be accompa- nied with an itemized statement of the receipts and expenditures of such water system for the previous three months, giving the name of each person of whom money was received, and the date and account for which paid, and the name of each person to whom money was paid, with the date of payment and occasion. 1405. § 4. Said report shall also contain the names of all persons employed in the Water Department during the previous three months, with date and length of time each person was em- ployed, the manner of his employment and the amount paid. 1406. § 5. Subject only to the direction of the Mayor and Council, the Water Commissioner shall have control of all engi- neers, firemen, tappers, and other employes of the Water De- partment, and they shall obey his orders. 1407. § 6. During the first week in August the Water Com- missioner shall prepare and submit to the City Clerk an estimate of the whole cost and expense of providing for and maintaining the Water Department for the next fiscal year, which shall be in THE CTTY OF LINCOLN. :]9i detail, and contain a list of the kind and amount of the supplies that will probably be needed for the ensuing year, and shall be submitted to the Council. So far as possible, all supplies for the Water Department shall be furnished by contract with the lowest bidder. 1408. § 7. The Water Commissioner shall not purchase any material for the use of or employ any laborers in his department except upon the authority of the Council or Water Committee thereof, unless it be in repairs in case of emergency. 1409. § 8. All mains and connections with mains shall be laid or made under the supervision of the Water Commissioner. 1410. § 9. For all miscellaneous uses of water not enumer- ated in the ordinance fixing the rate for the use of water, the price of such shall be fixed by the Water Commissioner, unless otherwise ordered by Council. 1411. § 10. The Water Commissioner shall perform such other duties as may be prescribed by law or ordinance. 1412. § 11. No owner or occupant of any building in which the water is introduced will be allowed to supply other persons or families. For violation water will be stopped and the ad- vance payment forfeited. 1413. § 12. Whenever two or more persons shall be sup- plied from one pipe connected with the distributing main, the failure on the part of one of the said parties to comply with the rules and restrictions herein provided, or that may be adopted or imposed by the Mayor and Council, shall authorize the Water Commissioner to withhold a supply of water from such pipe without any liability whatsoever on the part of said city, and all payments made shall be forfeited: Provided^ That when all the realty supplied by such service pipe and its extensions be- long to the same individual or corporate owner, then such owner and owners shall be held liable for the payment of all water rents due the city by reason of all premises or parts of premises so supplied with the city water, and in case such owner or own- ers neglect or refuse to pay or cause to be paid such water rents, then it shall be the duty of the Water Commissioner to shut off 392 GENERAL ORDINANCES OF the water from the premises until the owners thereof shall pay such rents and arrearages, or set a meter of approved pattern on said service, or shall readjust the plumbing in said premises in such manner as to supply each building or subdivision thereof through a separate stop-cock and box. 1414. § 13. No addition, alteration, or change whatever in or about any conduit, pipe, or water-cock shall be made or caused to be made by any consumer without notice of and the usual permit from the Water Commissioner, and such additions, alterations, or changes shall, in all cases, be made by a duly licensed plumber under the ordinances of the city. 1415. § 14. All consumers shall keep their own service pipes, stop-cocks, and boxes and apparatus in good repair and protect them from frost, at their own expense, and shall prevent all unnecessary waste of water; and it is expressly stipulated that no claim shall be made against the said city of Lincoln by reason of the breaking or leaking of any service cock or service pipe. 1416. § 15. No hydrant or fixture shall be kept running when not in use. Taps at wash basins, water closets, baths, and urinals must be kept closed in like manner. 1417. § 16. Apj)licati()n for water must be made by the owner or agent of the properly, in writing, upon a contract blank furnished by the Water Commissioner, and must state fully and truly all purposes for which it is required, and when paying the semi-annual charges for it parties must frankly and without concealment answer all questions put to them relating to its consumption. In case of fraudulent misrepresentations on the part of the applicant, or of uses of the water not embraced in tl)e applicant’s contract, or willful or unreasonable waste of water, the Water Commissioner shall have the right and is hereby authorized to forfeit such applicant’s payment and stop the supply of water, unless the party shall promptly pay such additional charges as the Water Commissioner shall impose. 1418. § 17. The various persons employed by the Water Commissioner, and every person by him delegated for the pur- THE CITY OF LINCOLN. .‘]93 pose, must have free access at proper hours of the day to all parts of every buildiug in which water is delivered and con- sumed, to examine the pipes and fixtures, and to ascertain whether there is any unnecessary waste of water. 1419. § 18. The city of Lincoln reserves the right to stop the supply of water without any preliminary notice, for a viola- tion of any of the rules and requirements, nor will it be restored except upon payment of all back charges and rents, including the payment of one dollar as expense of shutting it oflP and turning it on. 1420. § 19. The city of Lincoln reserves the right at any time to shut off the water in their mains for the purpose of mak- ing repairs or extensions or for other purposes, and all persons having boilers or tanks within their premises not supplied with or by tanks or cisterns, but depending upon the pressure in the pipes to keep them supplied, are hereby cautioned against danger of collapse. Nor does the city of Lincoln guarantee the delivery of water through any of its mains and connecting service pipe, at any time, except only when its mains, pumping machinery, and power and the service connections are in good order, and its sup- ply sufficient for the demands of consumers upon it. 1421. § 20. No person unauthorized by the city of Lincoln shall take water from any public or private hydrant, plug, street washer, draw cock, hose pipe, or fountain, except for fire purposes and for the use of the Fire Department in case of fire, or in any way to use or take any water for private use without first paying for the same and receiving a receipt therefor. And where two or more dwellings are constructed on one lot supplied with a yard hydrant, all the dwellings on such lot must be included at the regular rates, in the collection of water rent upon such hy- drant. 1422. § 21. No person shall remove, obstruct, or in any way injure any fire hyrant, valve box, or cover, stop-cock or stoj)- box or cover, or in any manner injure any building, machin- ery, or carry off or injure any pipe, apparatus, tools, or fixtures or property of the water works, and it shall be the duty of the .194 GENtJRAL ORDINANCES OF owner of the premises to see that stop-boxes are kept in sight above ground and unobstructed at all times. 1423. § 22. Any person who shall violate any of the rules and restrictions for the government of consumers herein set forth shall, upon conviction thereof, in addition to the forfeit- ures, liabilities, stipulations, and reservations therein contained, pay a fine of not less than one dollar and not more than twenty- five dollars, and stand committed until such fine and costs are paid. 1424. § 23. If any person or persons from whose premises the water shall have been shut off for any of the reasons herein provided shall turn the water on or cause the same to be turned on without authority from the Water Commissioner, he or she shall, on conviction thereof, be fined in any sum not exceeding five dollars for each and every offense. 1425. § 24. No reduction will be made from the rates on account of wells or cisterns on premises supplied with city water, or on account of any fixtures not being used. If they are not wanted, have a plumber disconnect them from the service pipes, and then the charge for their use will be adjusted by ap- plication to the office of the Commissioner. < 1426. § 25. Rates are based upon use of water on premises paid for only and for the purposes stated in the contract; there- fore, unless a written permission from the Water Commissioner is presented, consumers will not allow water to be taken away from premises or used for building purposes. 1427. § 26. ^‘Public Buildings’^ are hereby defined as build- ings used for public entertainments or amusement or open to the public for business purposes, including stores, office buildings, and any building occupied by promiscuous tenants. “Public Closets” are water closets placed in public buildings as above described. 1428. § 27. Hose larger than | of an inch will not be al- lowed except upon additional charge therefor, and sprinkling without a nozzle or with a larger opening than J of an inch is forbidden. For washing buggies and carriages, J of an inch only is permitted. THE CITY OP IJNCOEN. 395 1429. § 28. Sprinkling must be only done upon premises paid for. In no case will it be allowed to leave water running upon lawns by fastening hose to trees, or other arrangements for that purpose, and employes are hereby directed to turn off the water whenever any waste is discovered. Converting hose into jets for the amusement of either adults or children, adjusting hose upon temporary or fixed supports, or devices of any kind, arranged to sprinkle automatically, will be regarded as fountains, and be subject to such additional charges as may be deemed suf- ficient for such extravagant use of the water. 1430. § 29. It shall be unlawful for any person within said city to sprinkle, eject, or throw water from any private or public sprinkler, washer, or hydrant, upon any public street, lane, or alley, or any yard, garden, or enclosure, or permit or cause the same to be done, nor upon or against any building situated upon such street, lane, or alley, except for the extinguishment of fires and ordinary house cleaning, except between the hours of 6 and 8 P. M. of each day. It shall also be unlawful for any person having a sprinkler, washer, or hydrant on or in front of his premises, to use more than J inch nozzle or its equivalent in cross-section or revolving sprinklers for each opening for sprink- ling lawn or street, or to sprinkle, eject, or throw water on or in front of the premises of any other person, or to permit or cause the same to be done, except for the extinguishment of fire: Pi'O- videdy That none of the provisions of this section shall be con- strued to apply to any person using a metered water service in connection with the city water works, and any person violating any of the provisions of this section, except as herein exempted^ shall, upon conviction thereof, be fined in any sum not exceeding ten dollars, and stand committed until such fine and costs are paid. 1431. § 30. It shall be unlawful for any person to leave water running from any hose, sprinkler, hydrant, or fixture, of which he is the owner or over which he has charge, at any hour of the day or night, subject only to the exceptions in this ordi- nance provided, and any person, upon the conviction of the vio- 396 CJRNERAL ORDINANCES OP lation of the provisions of this section, shall be fined in any sum not exceeding ten dollars, and stand committed until such fine and costs are paid. 1432. § 31. It shall be unlawful for any person to sprinkle, eject, or throw water from any public or private hydrant, washer, or sprinkler, or operate hydraulic elevator connected with the water works within said city while any building is on fire and in process of extinguishment, unless the same be for the purpose of extinguishing or preventing the spread of such fire, and any per- son convicted of the violation of any of the provisions of this section shall be fined in any sum not exceeding twenty-five dol- lars, and stand committed until such fine and costs are paid. 1433. § 32. Sprinkling must be confined to the property or front for which application is made; J opening two hours per day ; 6 o’clock to 8 o’clock p. M., from April 1st to November 1st each year, at the rate of $5.00 for each opening, in accord- ance with the provisions and restrictions of this ordinance. Each lot not exceeding 50 feet front and not exceeding 142 feet in depth shall be considered one lawn service, and as many open- ings can be had thereon as the owner may desire by paying the rate herein prescribed : Pi'ovidmgy That in each case the person, company, or corporation has more than one lot in the same prem- ises which is vacant, or has but one house with one single water service thereon, then in that case the owner can use as many openings as he contracts for at the rate of $5 for each opening used, but to authorize more than one opening, application must be made therefor and the number of openings desired stated. 1434. § 33. And all rates for such service as may be ren- dered without meter are hereby declared to be annual rates, un- less otherwise specified, but the same shall be due and must be paid semi-annually, in advance, on the fifteenth days of May and November, at the office of the Water Commissioner, and if not paid within fifteen days after the same becomes due, ten per cent of the bill shall be added thereto as expense of collecting the same. 1435. § 34. The following is established as the tariff of water THE CITY OF LINCOLN. rates to consumers from the water works of the city of Lincoln, to- wit : Banks, including one wash basin, $8 to $10 per annum. Bakeries, average daily use for each barrel of flour, $3.50 per annum. Bakeries, average daily use for more than six barrels per day, meter. Barber shop, one chair, $4 per annum. Barber shop, each additional chair, $2 per annum. Bath house, public, per tub, $6 to $12 per annum. Bath room, private, per tub, $3 per annum. Bath room, private, each additional tub, $2 per annum. Blacksmith shop, one fire, $3 per annum. Blacksmith shop, each additional fire, $1.50 per annum. Brewers and distillers, special rate. Billiard or pool room, one table, $5 per annum. Billiard or pool room, each additional table, where billiard or pool tables are used in a saloon, each table, $1.50 per annum. Butcher shop, $6 to $10 per annum. Book bindery, $8 to $12 per annum. Bar and drinking saloon, $10 to $20 per annum. Building purposes: Brick work, per 1000, 10 cents per annum. Perch of stone, 16J cubic feet, 5 cents per annum. Plastering, per 100 yards, 25 cents per annum. Concrete, per cubic yard, 5 cents per annum. Club rooms and society rooms, $6 per annum. Candy manufactories, $8 to $25 per annum. Cigar manufactories, five hands' or less, $5 per annum. Cigar manufactories, each additional hand, $1 per annum. Dwelling houses occupied by one family, including one wash basin, 8 rooms or less, $6 per annum. Dwelling house, each additional room, 75 cents per annum. Each additional family occupying same dwelling, rated as above. Dye houses and renovating establishments, $10 to $25 per annum. 398 GENERAL ORDINANCES OF Eating saloons or restaurants, ^10 to $25 per annum. Fountains flowing not exceeding six hours per day, according to size of orifice. No permit for less than six months. 1-16 inch disk to be placed in branch pipe, per month, 50 cents. 1-8 inch disk to be placed in branch pipe, per month, $1. 3-16 inch disk to be placed in branch pipe, per month, $2. 1-4 inch disk to be placed in branch pipe, per month, $4. 5-16 inch disk to be placed in branch pipe, per month, $8. Inside fountains flowing not exceeding 12 hours per day, add 50 per cent to above rates. Filling private cisterns, furnishing water only, $1. Filling baptisteries, water only, each time, $1. Hotels and boarding houses not exceeding ten rooms, $10. Each additional room up to thirteen, $1. Each additional room over thirteen, 75 cents. Hydraulic pumps, $5. Laundries, $10 to $25. Offices and sleeping rooms, including wash basin, $2 to $6. Offices and sleeping rooms, without wash basin, $1 to $3. Printing offices, engines extra, $6 to $40. Photograph galleries, $10 to $30. Sprinkling to center of street by hose, including washing store fronts and sidewalks, twenty-five feet front or less, $3. Sprinkling lawns or gardens at residences per J opening, per season, April 1 to November 1 (no lawn permit for less than $5 nor more than two hours a day), $5. Sprinkling street with wagon, per month per block, $2.50. Stables, including livery, dray, team, street car and all public barns, and washing cars, carriages, drays, harness, etc, belonging to the same up to twenty stalls, per annum per stall, $2. Each additional one over twenty stalls, $1.50. Stables, private, including washing carriage, one stall, $2.50. Two stalls, $4. Each additional stall, $1. Steam engines, per horse power, for ten hours’ service per day : THE CITY OP IJNCOEN. 399 From one to twenty horse power, each horse power per annum, $3. From twenty to forty horse power, each horse power per an- num, $2.75. From forty to sixty horse power, each horse power per an- num, 1 2. 50. From sixty to eighty horse power, each horse power per annum, $2.25. From eighty to one hundred horse power, each horse power per annum, $2. From one hundred to one hundred and twenty-five horse power, each horse power per annum, $1.75. From one hundred and twenty-five and upwards, each horse power per annum, $1.50. Steam boiler for heating, etc., in streets, halls, and all public buildings, each foot of radiation, per annum, J cent. In private residences, per foot of radiation, J cent. Hot water boiler, for heating purpose, public or private, per foot of radiation, J cent. (No deduction for summer mouths.) Tobacco manufactory, five hands or less, $5. Each additional hand, $1. Tumbler washers, per month, $3,. Urinals, with constant flow, $10. Urinals, private, self closing, $3.50. Wash basins (stationary), each, $1. Water wagons, per load of 300 gallons, 10 cents. Water closets in public houses, per bowl, $5. Water closets in private houses, per bowl, $2.50. Each additional bowl, $1.50. All other closets shall be rated as public. Workshop, ten persons or under, $5. Each additional person, 25 cents. Telegraph offices, $10 to $25. 400 GRNERAL ORDINANCES OF WATERING DOWN TRENCHES. Trenches, two feet wide or less, for every foot in depth, per lineal foot, J cent. Trenches, two feet wide, not more than three feet in depth, f cent. Trenches, three feet wide, not more than four feet in depth, J cent. Wider trenches in proportion to above rates. Plumbers introducing water to abutting lots to flush their trenches, free. Meters for church organs, for church purposes only, per year, $50. All service not enumerated in the foregoing tariff water rates will be subject to special rates, or meter rates, and the right is reserved to amend or change this tariff of water rates as experi- ence may prove necessary and proper. METERS. 1436. § 35. The city of Lincoln reserves the right to require the setting of a meter of improved kind, approved by the Water Commissioner and Water Committee, upon the water service of any or all public buildings, and also upon the service of any customer of the water works, whenever the Mayor and Council are satisfied from inspection or otherwise that the quantity of water used on said service is excessive of the schedule, or that extravagant uses of the water supply is made, or for violation of this ordinance, and if the customer shall refuse or neglect to set such meter as above required within fifteen days after notice so to do, duly served by the Water Commissioner or an employe upon him, (or his agent in case of a non-resident,) then the AVater Commissioner shall shut off the water service of such customer until the terms of the notice have been complied with, and all arrearages and expenses connected with the case have been paid. 1437. § 36. The city to clean, repair and test said meters free of expense to owner, with the exception of new parts neces- THE CITY OF LINCOLN. 401 sary to put meter in good order, the cost price of same to be charged to owner. The department to furnish approved meter to customer at cost price, when requested. 1438. § 37. Any plumber or person who shall have obtained proper authority to set a water meter or register for the use of elevators, or any other purpose, shall first obtain from the Water Commissioner approval of same, and shall attach an approved stop-cock in front and rear of proper meter unions attached to meter, attached with lead connection of proper length, weight, and size to admit of sufficient waver to connect the various meters approved. All of which to be done to the satisfaction of the Water Commissioner. 1439. § 38. Water rents by meter shall be due and payable upon the first day of each calender month. If not paid on or before the 10th day of each month, five per cent of the bill shall be added thereto as expense of collecting, and if the said rent, charges, and penalty is not paid the water shall be shut off and shall not be turned on until all back rent, charges, and penalties are paid, including the payment of |1 as expenses of shutting it off and lurning it on. 1440. § 39. The meter rate or charge for water furnished by the city shall be: 6,000 gallons per day, or less, 15 cents per 1,000 gallons; all over 6,000, 13 cents per 1,000 gallons: Providing ^ That no connection be made for less than 50 cents per month : Provided^ That churches, colleges, schools, hospitals, public and private, per 1,000 gallons, 10 cents: Provided further^ That wholesale houses with water balance elevators, news and printing offices, hotels, restaurants, livery stables, steam railroads, laundries, bakeries, saloons, electric car line, gas company, electric light company, and all public buildings where the schedule rate equals or exceeds $60 per annum, 1,000 gallons, 10 cents. Sprinkling or lawn service, separate from other use, 1,000 gallons, 10 cents. Any service where the annual schedule rate equals or exceeds $20 and less than $60 per annum, 1,000 gallons, 13 cents. 402 GENERAL ORDINANCES OF 1441. § 40. The amounts charged for all water rents, together with all other charges and penalties, shall be and hereby is de- clared to be a lien upon the property where the same is furnished from the time same became due until paid. 1442. § 41. The right is reserved to amend, add to, or revise these rules and regulations as experience may dictate. § 42. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. § 42. This ordinance shall take effect and be in force from and after the expiration of one week after its passage, approval, and publication according to law. Introduced by Councilman H. B. Sawyer. Passed August 26, A. D. 1895. Approved August 26, A. D. 1895. F. A. Graham, Mayor. Attest : J. W. Bowen, City Clerk, [seal.] AN ORDINANCE to establish a standard of weights and measures and to regulate weights and measures in the city of Lincoln, creating the office of Superintendent of Weights, defining the duties and fixing the compensation of said officer, pre- scribing penalties for the violation of this ordinance, and repealing ordinances in conflict herewith. Be it ordained by the Mayor and Council of the City of Lincoln : Article LXXII. Weights and Measures. The standard weights of the state of Nebraska shall be the standard of weights throughout the city of Lincoln. 1443. § 1. All contracts hereafter made within the city for anything to be sold by weight, shall be taken and construed ac- cording to the standard of weight hereby adopted as the standard of the city. 1444. § 2. A bushel of the respective articles hereinafter mentioned will mean the amount of weight in this section speci- fied, that is to say : Apples, dried, per bushel 24 pounds Barley, per bushel 48 pounds Beans, castor, per bushel 46 pounds Beans, white, per bushel 60 pounds Bran, per bushel 20 pounds Buckwheat, per bushel 32 pounds Coal, stone, per bushel 80 pounds THE CITY OF LINCOLN. 403 Corn, ear, per bushel 70 pounds Corn, shelled, per bushel 56 pounds Hair, for plastering, per bushel 8 pounds Lime, unslaked, per bushel 80 pounds Malt, barley, per bushel 30 pounds Oats, per bushel 34 pounds Onions, per bushel 57 pounds Onions, sets, per bushel 25 pounds Peaches, dried, per bushel 33 pounds Potatoes, Irish, per bushel 60 pounds Potatoes, sweet, per bushel 50 pounds Peas, per bushel 60 pounds Rye, per bushel 56 pounds Seeds, blue grass, per bushel 14 pounds Seeds, clover, per bushel 60 pounds Seeds, flax, per bushel 56 pounds Seeds, hemp, per bushel 44 pounds Seeds, Hungarian, per bushel 60 pounds Seeds, millet, per bushel 40 pounds Seeds, osage orange, per bushel 44 pounds Seeds, sorghum, per bushel 30 pounds Seeds, timothy, per bushel 45 pounds Salt, per bushel 50 pounds Turnips, per bushel 55 pounds Wheat, per bushel 60 pounds 1445. § 3. All persons keeping public scales, before entering upon their duties as weighmaster, shall obtain a license therefor from the Clerk of said city, under the seal thereof, and pay to the Treasurer of said city ten dollars therefor, which license shall not be issued for a term exceeding one year. They shall also take and subscribe an oath to keep their scales correctly balanced, to make true weights, and to render correct account to the person or persons having weighing done, and file said oath with the City Clerk ; and it shall be deemed unlawful under the provisions of this ordinance to weigh for hire without first procuring a license herein provided for. Every scale shall be deemed a public one 404 GENERAL ORDINANCES OF for the use of which charge is made: Provided, No license shall be issued under the provisions of this ordinance to any one whose scales are or hereafter may be situated in any of the streets or al- leys of the city. 1446. § 4. All weighmasters are required to make true weights and to keep a correct register of all weighing done by them, giving the amount of each weight, date of weighing, and the name of the person or persons for whom each weighing was done, and to give upon demand to any person or persons having weighing done, a certificate showing the weight, date of weigh- ing, and for whom weighed. 1447. § 5. Weighmasters or keepers of public scales kept for the purpose of weighing stock, grain, or other merchandise, shall provide and keep a standard weight of not less than fifty pounds avoirdupois, for the purpose of testing such scales, and they shall at least once per month, or oftener if required, or at any time at the request of the Sealer of Weights and Measures, make a sat- isfactory test of the correctness of such scales. 1448. § 6. Any weighmaster or keeper of public scales vio- lating any of the provisions of the three preceding sections, shall, upon conviction thereof, be fined in any sum not exceeding twenty dollars nor less than five dollars, for each offense, and im- prisoned in the jail of said city until such fine and costs are paid or secured, and shall be liable to the person or persons in- jured for the full amount of damage by them sustained. g 7. All ordinances or parts of ordinances in conflict with the provisions of this or- dinance are hereby repealed. g 8. This ordinance shall take effect and be in force from and after the expiration of one week after its passage, approval, and publication according to law. Passed August 26, A. D. 1895. Approved August 26, A. D. 1895. F. A. Graham, Maijor. Attest: J. W. Bowen, City Clerk, [seal.] THE CITY OF LINCOLN. 405 State of Nebraska, 1 County of Lancaster, j * I, J. W. Bowen, Clerk of the city of Lincoln, do hereby cer- tify that the above and foregoing ordinances are full, true and complete copies of the originals of ordinances bearing same titles passed by the City Council of the city of Lincoln August 26, A. D. 1895, and approved by the Mayor of said city August 26, A. D. 1895. I further certify that the original ordinances of which the fore- going are certified copies, are by law intrusted to my custody for safe keeping and are on file in my office. Witness my hand and corporate seal of said city this 26th day of August, A. D. 1895. [seal.] j. W. Bowen, City Clerk. CERTIFICATE OF PUBLICATION. State of Nebraska, 1 ^ County of Lancaster, j I, A. H. Mendenhall, being first duly sworn, on oath say that I am the chief business manager of the State Journal Company, a printing and publishing company in the city of Lincoln, in said county and state; that the above and foregoing ordinances of the city of Lincoln were each of them printed and published in book and pamphlet form in the city of Lincoln, in pursuance of the provisions of the statutes of the state of Nebraska and the ordi- nances of the city of Lincoln, and by the order and under the authority of the city of Lincoln, by said State Journal Company on the 26th day of August, A. D. 1895, and duly delivered to the Clerk of said city. A. H. Mendenhall. Subscribed in my presence and sworn to before me this 26th day of August, A. I). 1895, [seal.] P. F. Greene, Notary Public. Special Ordinances of the City of Lincoln. Article I. Funding Bonds. AN ORDINANCE to bond the floating debt of the city of Lincoln. Be it ordained by the Mayor and Councilmen of the City of Lin- coin : 1450. § 1. That for the purpose of bonding the floating in- debtedness of the city of Lincoln, the Mayor shall immediately procure to be printed, lithographed, or engraved, a sufficient number of the bonds herein provided for. § 2. Such bonds shall be of the denomination of five hundred dollars each. They shall bear date of the first day of July, 1875. One half of said bonds, to wit, bonds to the par value of twenty-seven thousand dollars, shall be payable ten years from date, with interest at the rate of ten per cent per annum, payable semi-annually, both priiKiipal and interest payable at the National Park Bank, in the city of New York. An equal number and value of said bonds shall be payable twenty years from date, with interest at the rat*e of ten per cent per annum, payable semi-annually, both principal and interest ])ayable at the National Park Bank, in the city of New York. They shall be substantially in the ordinary form of municipal bonds, bind- ing the city of Lincoln to pay to the bearer the sum mentioned therein, and reciting that they are issued pursuant to the pro- visions of section four of chapter nine of the Revised Statutes of Nebraska, entitled “cities of the second class,” and of this ordinance passed in conformity thereto. They shall have cou- pons of interest warrants in the usual form attached thereto for the payment of the interest semi-annually, on the first day of January and July in each year, payable at the National Park Bank, New York. The bonds and coupons shall be signed by the Mayor and City Clerk, and the bonds shall have the seal of the city thereon. § 3. Before the City Clerk shall place the seal of the city upon the said bonds, the Mayor shall make and execute a bond 19 ( 409 ) 410 SPECIAT. ORDINANCES OF to tlie city, with security approved by the Council, in the sum of fifty thousand dollars, conditioned for the faithful performance of the duties imposed upon him by the provisions of this ordi- nance, and the faithful payment of all moneys which shall come into his hands, or under his control, as the proceeds of the sale of any of said bonds. § 4. Upon the aj^proval of the bond and sureties mentioned in the last preceding section, the Mayor shall be authorized, and it is hereby made his duly, to sell and dispose of the said bonds for cash in hand at the best price which he can obtain therefor, and within llie limit {)rovided by the statutes of this state: Pro- videdf That before offering any snch bonds for sale, the said Mayor shall cause all of such bonds to be duly registered accord- ing to the laws of Nebraska. § 5. The Mayor is hereby authorized to prepare and cause to be printed in pamphlet form a brief statement to accompany said bonds, showing the population, value of taxable ])roperty, and the present indebtedness of the city, to be accompanied by a copy of this ordinance, the section of the statute authorizing cities of the second class to fund their indebtedness, and such other mat- ter as the said Mayor may deem necessary and advisable. § 6. It may be the duty of the Mayor to pay over to the City Treasurer all moneys received by him for or on account of the sale of any portion of said bonds, taking his receipt therefor in duplicate — one of which he shall forthwith deliver to the City Clerk, who shall file and keep the same in his office. § 7. It shall be the duty of the City Treasurer to pay out all moneys received by him from the INIayor under the foregoing })rovisions in like manner and in the same order as such Treas- urer is required by law to pay out money in the redemption and payment of city warrants. § 8. This ordinance shall take effect and be in force after its passage and publication. Approved June 19, 1875. Rev. Ord. 1887, p. 18. AN ORDINANCE to authorize the city of Lincoln to issue its bonds in pursuance of the instruction of the leg'al voters of said city as expressed at a special election called by an ordinance approved April fi, 1882. 1451. Whereas, At a s|)ecial election held in the (‘ity of IJncoln, on the 6th day of May, 1882, to vote upon a proposition submitted by an ordinance entitled, “An ordinance calling a spe- cial election in the city of Lincoln, for the puiqiose of enabling TIIF. CITY OF LINCOLN. 411 the lop;al voters of said city to vote upon a proposition to issue and sell the bonds of said city, for the purpose of paying the bonds of said city, due the first day of April, 1882, and the first day of Se})tetnl)er, 1882, to the amount of twenty-nine thousand five hnndred dollars/^ approved April 6, 1882, and published as required by law; and Whereas, It has been ascertained by a canvass of the votes cast at said election that the jiroposition submitted by said ordi- nance was carried by a two-thirds majority of all the votes cast at said election ; therefore. Be it ordained by the Mayor and Council of the City of Lincoln: § 1. That the city of Lincoln be and hereby is authorized to issue its coupon bonds in denominations of five hundred dollars each, to the amount of twenty-nine thousand five hundred dol- lars, payable to bearer twenty years after dale, and ledeemable at the ])leasure of said city at any time after ten years. Said bonds shall bear interest at the rate of six percent, payable annu- ally, which interest shall be computed and evidenced by cou])ons to said bonds attached, each coupon calling for the amount of in- terest on said bond for one year. One of said couj)ons shall be made payable each year during the time to run of said bonds. The principal and interest on said bonds shall be payable at (he office of' the City Treasurer of said city of Lincoln. § 2. The said bonds and the attached coupons shall each be signed by the mayor and attested by the City Clerk of said city, and shall have affixed thereto the seal of the said city of Lin- coln. § 3. This ordinance shall take effect and be in full force from and after its passage, approval, and publication according to law. Passed May 15, 1882. A})proved May 16, 1882. Published May 18, 1882. Note. — The bonds which were redeemed by the proceeds of the bonds, pro- vided for in this ordinance, are those known as “lire bonds,” for $20,000, and due April 1st, 1882; also bonds issued to the Atchison & Nebraska Railroad Companv, for the sum of $9,700, and falling due 8e[)tember 1st, 1882. AN ORI)TNAN(’E calliiifjr a si)ecial election in the city of lancoln for the purpose of enabling the legal voters of said city to authorize the Mayor and Council of said city to issue the bonds of said city in the sum of $52,000, to fund the outstanding, maturing, and redeemable bonded indebtedness of said city. 1452. WiiEHEAS, $25,000 of the bonds of the city of Lincoln, issued in aid of the Lincoln & Northwestern Railroad Company, 412 SPECIAL ORDINANCES OF of the date of January 1, 1880, drawing interest at the rate of 8 |)er cent, are now redeemable; and Whereas, $27,000 of the bonds of the city of Lincoln, issued to fund the floating indebtedness of said city, of the date of July 1, 1875, will mature and become payable on the 1st day of July, 1885: now, therefore. Be it ordained by the Mayor and Councllmen of the City of Lin- coln : § 1. That a special election is hereby called to be held at the respective voting places, in the several wards of the city of Lin- coln, on the 30th day of June, 1885, for the j)urpose of enabling the legal voters of the said city to vote upon the following prop- osition: Shall the Mayor and Councilmen of the city of Lin- coln be authorized to issue the coupon bonds of the city of Lincoln in the amount of ($52,000) fifty-two thousand dollars, in the denomination of five hundred dollars each, payable to bearer twenty years after date, and redeemable at the pleasure of the said city at any time after five years from their date, said bonds to be dated on the day of their delivery, and to draw interest from date not to exceed 6 per cent per annum, payable semi-annually. Interest and principal payable at the fiscal agency of the state of Nebraska, in the city of New York, the proceeds of $25,000 of said bonds so to be issued to be used in redeeming $25,000 of bonds issued in aid of the Lincoln & Northwestern Railroad Company, and bearing date January 1, 1880; and the proceeds of $27,000.00 of said bonds to be used in refunding $27,000.00 of the bonded indebtedness of the city of Lincoln, issued by said city to fund the floating indebtedness of tlie city of Lincoln, and dated July 1, 1875, and maturing July 1, 1885; and shall the Mayor and Council of said city levy the necessary tax on the taxable property of said city in addition to all other taxes to pay the interest on said bonds as they become due and payable, and to provide a sinking fund for payment of said bonds as they ma- ture. § 2. The ballot cast at such election shall have written or printed thereon, or partly written and partly [)rinted thereon, the words, ^‘Funding bonds and tax; yes;’’ or ‘Munding bonds and tax; no.” § 3. Should a two-thirds majority of the ballots cast at such election uj)on said proposition, have written or [)rinted thereon, the words, “funding bonds and tax; yes;” then the Mayor and THE CITY OF LINCOLN. 413 Council will be regarded as authorized to issue and negotiate said bonds according to the conditions and for the purposes specified in the foregoing proposition, and it shall be the duty of the Mayor and Clerk of said city to sign and attest said bonds and affix thereto the seal of said city, when thereunto duly author- ized by ordinance. § 4. The proceeds of the sale of said bonds shall immediately upon the receipt thereof be paid to the Treasurer of said city of Lincoln, and shall be kept by him separate and apart from the other moneys belonging to said city, and shall be drawn upon for the purposes hereinbefore specified, and no others. § 5. The proposition contained in this ordinance shall be pub- lished for at least four weeks in the Nebraska State Journal, a newspaper published and of general circulation in said city, and the polls at said election shall be opened at 9 o’clock in the fore- noon and continued open until 7 o’clock in the afternoon. § 6. This ordinance shall be in force and take effect from and after its passage, approval, and publication according to law. Approved June 8, 1885. AN ORDINANCE to authorize the city of Lincoln to issue its bonds in pursuance of the instruction of the legal voters of said city, as expressed at a special election called by an ordinance approved June 8, 1885. 1453. Whereas, At a special election held in the city of Lincoln on the 30th day of June, 1885, to vote upon a pro{)Osi- tioii submitted by an ordinance entitled “An ordinance calling a special election in the city of Lincoln for the purjiose of enabling the legal voters of said city to authorize the Mayor and Council of said city to issue the bonds of said city in the sum of $52,000, to fund the outstanding, maturing, and redeemable bonded in- debtedness of said city,” approved June 8, 1885, and published as required by law; and Whereas, It has been ascertained by a canvass of the votes cast at said election that the proposition submitted by said ordi- nance was carried by a two-thirds majority of all votes cast at said election ; therefore. Be it ordained by the Mayor and Counoilmen of the City of Lin- coln, Nebraska: § 1. That the city of Lincoln be and hereby is authorized to issue coupon bonds in denominations of $500 each to the amount of $52,000, payable to the bearer twenty years after date, and 414 SPECIAL ORDINANCES OF redeemable at the pleasure of the city at any time after five years from their date, said bonds to be dated on the 1st day of Jidy, 1885, and to draw interest from date at five and one-half percent per annum, payable semi-annnally, interest and principal paya- ble at the fiscal agency of the state of Nebraska in the city of New York. § 2. The said bonds and attached coupons shall be signed by the Mayor and attested by the City Clerk of said city, and shall have affixed thereto the seal of said city of Jjincoln. § 3. This ordinance shall take effect and be in force from and after its ])assage and approval according to law. Passed July 1, 1885. Approved July 1, 1885. AN ORDINANCE calling a special election in the city of Lincoln for the purpose of en- abling the legal voters of said city to authorize the Mayor and Council of said city to issue the bonds of saitl city in the sum of 5f52,000, to fund the outstanding, ma- tured, and redeemable bonded indebtedness of said city. 1454. Whereas, $25,000 of the bonds of the city of Lin- coln, issued in aid of the Lincoln & Northwestern Railroad Com- pany, of the date of January 1, 1880, drawing interest at the rate of eight per cent, are now redeemable; and Whereas, $27,000 of the bonds of the city of Lincoln, is- sued to fund the floating indebtedness of the said city of the date of July 1, 1875, became due and payable on the first day of July, 1884: now, therefore. Be it ordained by the Mayor and Council of the City of Lincoln: § 1. That a special election is hereby called to be held at the respective voting places in the several wards of the city of Lin- coln on the fifth day of September, 1885, for the purpose of enabling the voters of said city to vote upon the following propo- sition: “Shall the Mayor and Councilmen of the city of Lincoln be authorized to issue the coupon bonds of the city of Lincoln in the amount of fifty-two thousand dollars ($52,000) in the denomination of one thousand dollars each, payable to bearer twenty years after date, and redeemable at the pleasure of the said city at any time after five years from their date, said bonds to be dated on the day of their delivery, and to draw interest from date not exceeding six per cent per annum, payable semi- annually, interest and principal payable at the fiscal agency of the state of Nebraska, in the city of New York, the proceeds of $25,000 of said bonds to be issued, to be used in redeeming $25,000 of bonds issued in aid of the Lincoln & Northwestern THE CITY OF LINCOLN. 415 Kdilway Company, and bearing date January 1, 1880 ; and the })rooeeds of $27,000 of said bonds to be used in refunding $27,- 000 of the bonded indebtedness of the city of Lincoln, issued by the said city to fund the floating indebtedness of the city of Lincoln, and dated July 1, 1875, and maturing July 1, 1885; and shall tlie Mayor and Council of said city levy the necessary tax on tlie taxable property of the said city in addition to all other taxes to pay the interest on the said bonds as the same be- comes due and payable, and to provide a sinking fund for the payment of the said bonds as they mature?’^ § 2. The ballots cast at such election shall have written or printed thereon, or partly written or partly printed thereon, the words, “Funding bonds and tax; yes;” or “Funding bonds and tax; no.” § 8. Should a two-thirds majority of the ballots cast at such election upon said proposition have written or printed thereon the words, “Refunding bonds and tax; yes;” then the Mayor and Council will be regarded as authorized to issue and negoti- ate said bonds according to the conditions and for the purposes specified in the foregoing proposition, and it shall be the duty of the Mayor and Clerk of said city to sign and attest said bonds and affix thereon the seal of said city, when thereupon duly au- thorized by ordinance. § 4. The proceeds of the sale of said bonds shall immediately upon receipt thereof be paid to the Treasurer of said city of Lincoln, and shall be kept by him separate and apart from the other moneys belonging to said city, and shall be drawn upon for the purposes hereinbefore specified, and no others. § 5. The proposition contained in this ordinance shall be pub- lished in four issues of the Nebraska Free-Trader^ a weekly newspaper published and of general circulation in said city, and the polls at said election shall be opened at nine o’clock in the forenoon and continue open till seven o’clock in the afternoon. § 6. This ordinance shall take effect and be in force from and after its approval and publication as provided by law. Approved August 13, 1885. AN ORDINANCE to authorize the city of Lincoln to issue its bonds in pursuance of the instructions of the leg’al voters of said city as expressed at a special election called by an ordinance approved August 1:5, 1885. 1455. Whereas, At a special election held in the city of IJncoln on the fifth day of September, A. D. 1885, to vote upon a proposition submitted by an ordinance entitled “An or- 416 SPECIAL ORDINANCES OF dinance calling a special election in the city of Lincoln for the purpose of enabling the legal voters of said city to authorize the Mayor and Council of said city to issue the bonds of said city in the sum of $52,000, to fund the outstanding, matured, and redeemable bonded indebtedness of said city,’’ approved August 13, 1885, was published as required by law; and Whereas, It has been ascertained by a canvass of the votes cast at said election, that the proposition submitted by said ordi- nance was carried by a two-thirds majority of all votes cast at said election ; therefore. Be it ordained by the Mayor and Councilmen of the City of Lin- coln^ Nebraska: § 1. That the city of Lincoln be and hereby is authorized to issue its coupon bonds, in denominations of $1,000 each, to the amount of $27,000, payable to bearer twenty years after date, and redeemable at the pleasure of said city at any time after live years from their date, said bonds to be dated on the 1st day of April, 1886, and to draw interest from date at five and one- half per cent per annum, payable semi-annually, interest and principal payable at the fiscal agency of the state of Nebraska, in the city of New York. § 2. The said bonds shall be signed by the Mayor and attested by the City Clerk of said city, and shall have affixed thereto the seal of said city of Lincoln, and the attached coupons shall each be signed by the Mayor. § 3. This ordinance shall take effect and be force from and after its passage, approval, and publication according to law. Passed March 29, 1886. Approved March 31, 1886. AN ORDINANCE for the refunding of twenty-five thousand dollars (S25,000) of bonds issued January 1, 1880, to the Lincoln & Northwestern Railroad Company. Be it ordained by the Mayor and Councilmen of the City of Lin- coln : 1456. § 1. That under the provisions of an act entitled “An act to amend sections 11, 12, and 13, of chapter 45 of the Com- j)iled Statutes of 1881, entitled internal improvements,” and to repeal said sections, the city of Lincoln be and is hereby author- ized to issue fifty coupon bonds, bearing date the 20th day of December, A. D. 1885, in denomination of five hundred ($500) dollars each, to the amount of twenty-five thousand ($25,000) dollars, payable to bearer twenty years after date, and redeem- THE CITY OF EINCOI>N. 417 able at the pleasure of said city at any time after live years from date, for the purpose of refunding twenty-five bonds of the said city of Lincoln, of the denomination of one thousand ($1,000) dollars each, issued January 1, 1880, to the Lincoln & North- western Kail road Company, and payable at the pleasure of said city after January 1, 1885. Said refunding bonds shall bear interest at the rate of five and one-half per cent per annum, pay- able semi-annually, which interest shall be computed and evi- denced by coupons to said bonds attached, each coupon calling for the amount of interest on said bonds for one-half year; prin- cipal and interest of said bonds to be payable. at the Kountze Brothers Bank, in New York City, and one of said coupons to be made payable at the expiration of each half year during the said twenty years. § 2. The said bonds shall be signed by the mayor and attested by the City Clerk of said city, and shall have affixed thereto the seal of said city of Lincoln, and the attached coupons shall be signed by the Mayor. § 3. Th is ordinance shall take effect and be in force from and after its passage, aj)proval, and publication according to law. Passed November 16, 1885. Approved November 20, 1885. AN ORDINANCE for the refuncling of thirty thousand dollars of bonds issued October 1, 1872, under “An ordinance to i)rovide for funding the outstanding indebtedness of the city of Lincoln, approved August 20, 1872, as amended and approved Novem- ber 28, 1872.’’ Be it ordained by the Mayor and Council of the City of Lincoln: 1457. §1. That under the provisions of ‘‘An act to incor- porate cities of the first class having less than 60,000 inhaliitants, and regulating their duties, jiowers, and govern ment,^^ the city of Lincoln be and is hereby authorized to issue thirty coupon bonds, bearing date October 1, 1887, in denominations of one thousand dollars each, to the amount of thirty thou.sand dollars, ($30,000,) payable to bearer fifteen years after date, and redeemable at the option of the city at any time after five years from date, for the purpose of the refunding of thirty thousand dollars ($30,000) of bonds issued October 1, 1872, under “An ordinance to provide for funding the outstanding indebtedness of the city of Lincoln, approved August 20, 1872, as amended and ajiproved November 23, 1872.’’ The said refunding bonds shall state the purpose for which they are issued, and shall bear interest at the rate of five and one-half per cent per annum, payable semi-annually, which 418 SPECIAL ORDINANCES OF interest shall he computed and evidenced by coupons to said bonds attached, eacli cou])on calling for the atnount of interest on said bonds for one-halt year, principal and interest of said bonds to be payable at the fiscal agency of the state of Nebraska, in the city of New York, and one of said coupons to be made payable at the expiration of each half year during the said fifteen years, and said bonds and coupons shall be signed by the Mayor and attested by the Clerk, with the seal of the said city affixed thereto. § 2. A tax shall be levied on all the taxable property in the said city of Lincoln, in addition to other taxes, sufficient to pay said bonds at their maturity, and the interest coupons thereto at- tached as the same shall respectively become due, which tax shall be paid in cash only. § 3. As soon as the said bonds shall be prepared and signed in accordance with the provisions of this ordinance, they shall be deposited with the City Treasurer, who shall receipt to the City Clerk for the same, and it shall be the duty of the said Treasurer to sell or exchange the said bonds in sums of not less than one thousand dollars for cash, or for the bonds of the said city so to be refunded and that were issued in pursuance of said ordinance approved November 23, 1872, but at not less than par. All bonds so exchanged or redeemed in cash from the proceeds of the sale of bonds sold for cash shall be canceled and so marked with red ink across the face, giving date of said canceling and the number of the bond issued therefor, and deliver all bonds so re- deemed and canceled to the City Clerk, taking his receipt for the same. § 4. The City Treasurer shall re[)ort to the Mayor and City Council at each regular meeting of the Council, the amount of bonds issued under the provisions of this ordinance, to whom the same have been sold or exchanged, and what bonds have been redeemed and canceled in lieu of said bonds. § 5. This ordinance shall take effect and be in force from and after its passage, approval and publication according to law* Approved September 19, 1887. AN ORDINANCE calling a special election in the city of Lincoln for the purpose of enabling the legal voters of said city to authorize the Mayor and Council of said city to issue the bonds of said city in the sum of to fund outstanding and bonded indebtedness of said city. 1458. Whereas, The costs of the paving of streets in front of school and church property in the several paving districts of THE CITY OF IJNCOEN. 410 the city, was by tlie city provided for by special assessment against saitl property the same as against other property in said city, and it has now been held by the Supreme Court of this state tliat such pro{)erty is not subject to such assessment ; and Whereas, District paving bonds have been issued and sold for the purpose of paying the original cost of such paving, and it now appears that the assessment made lor the purpose of pay- ing said bonds will not be paid; that the amount so assessed, and against which bonds were issued, is $68,896.93, which with in- terest to January 1st, 1894, will amount to the sum of $76,- 328.62. Whereas, It was expected that the general government of the United States would pay for one-halt of the cost of paving around the government square, and for that reason no [)rovisions have been made for the payment thereof; that the costs'thereof amount to the sum of $8,809.26, which with interest thereon to January 1st, 1894, will amount to the sum of $10,529.26. Whereas, On the first day of October, 1893, there became due to the Gaynor Electric Company the sum of $3066.66, being a part of the cost of the fire alarm system now in use by the city, which with interest thereon to January 1st, 1894, will amount to the sum of $3,142.12: Be it 07 'dained by the Mayor and Council of the City of Lincoln, Nebraska : 1459. § 1. That a special election is hereby called to be held in the city of Lincoln, Nebraska, on the 7th day of November, 1893, at the places hereinafter specified in the several election precincts of said city, for the purpose of enabling the legal voters of said city to vote upon the following proposition, to-wit : Shall the Mayor and City Council of the city of Lincoln, Ne- braska, have power and authority to borrow money and pledge the property of said city, upon its negotiable bonds, to an amount not exceeding ninety thousand dollars, to be used for the pur- j)ose of funding the outstanding and bonded indebtedness of said city, and to levy a tax upon the taxable property thereof, in ad- dition to all other taxes, sufficient to pay the interest and prin- cipal of said bonds as the same may become due. § 2. The bonds proposed by the above proposition shall be known as “funding bonds of the city of Lincoln,’^ shall draw interest at the rate of 6 per cent per annum from the date of their delivery, payable annually at the fiscal agency of the state 420 SPECIAL ORDINANCES OP’ of Nebraska in the city of New York; said interest to be evi- denced by coupons thereto attached. Said bonds shall be drawn payable to bearer twenty years after date, redeemable at the option of said city at any time after ten years from their date, and shall bear date January 1st, 1894. § 3. The vote upon said proposition shall be had and taken at the several places in said city where the general election is held on said day, and the judges and clerks of said general election shall be the judges and clerks of the election hereby called; that the rules and regulation of said general election shall be applicable to this election so far as the same are applicable. §4. It is hereby made the duty of the judges and clerks of said general election to canvass the votes on this proposition, and make return thereon, in the manner provided by law for the canvass and return of votes cast at a general city election, and the Mayor and City Council shall canvass the returns of this election in the same manner as provided by law for the canvass of election returns for a general city election in said city. § 5. All ballots voted at said election shall have written or printed, or partly written or printed thereon, the words “Shall the Mayor and Council of the city of Lincoln, Nebraska, have power to borrow money and pledge the property of said city, upon its negotiable bonds, to an amount* not exceeding ninety thousand dollars, to be used for the j)urpose of funding the out- standing and bonded indebtedness of said city, and to levy a tax upon all the taxable property of said city, in addition to all other taxes, sufficient to pay the interest and principal of said bonds as the same may become due. Yes;^’ or “Shall the Mayor and Council of the city of Lincoln, Nebraska, have the power to borrow money and pledge the property of said city, upon its negotiable bonds, to an amount not exceeding ninety thousand dollars, to be used for the purpose of funding the outstanding and bonded indebtedness of said city, and to levy a tax upon all the taxable property of said city, in addition to all other taxes, sufficient to pay the interest and principal of said bonds as the same may become due. No.’^ § 6. Should the majority of the ballots cast at said election be for said proposition, the Mayor and Council shall have the power to issue and sell said bonds, and levy such tax for the purpose and upon the condition specified in this ordinance. § 7. The proposition herein submitted for the issuance of such bonds and the levying of the tax herein [provided for shall be pub- THE CITY OF LINCOLN. 421 lislied for at least four weeks in a newspaper published and of general circulation in said city. § 8. This ordinance shall take effect and be in force from and after its passage, approval, and publication according to law. [Passed October 3, 1893. Approved October 7, 1893. Pub- lished in Call October 7, 1893.] AN ORDINANCE to authorize the city of Lincoln to issue its bonds in pursuance of the instructions of the legal voters of said city, as expressed at a special election called by an ordinance approved October 7, 1893. 1460. Whekeas, At a special election held in the city of Lincoln on the 7th day of November, A. D. 1893, to vote upon a proposition submitted by an ordinance entitled “An ordinance calling a special election in the city of Lincoln for the purpose of enabling the legal voters of said city to authorize the Mayor and Council of said city to issue the bonds of said city in the sum of $90,000, to fund outstanding and bonded indebtedness of said city,’’ approved October 7th, 1893, and was published as required by law; and Whereas, It has been ascertained by a canvass of the votes cast at said election that the proposition submitted by said ordi- nance was carried by the requisite majority of votes as provided by law of the votes cast at the said election ; therefore. Be it ordained by the Mayor and Councilmen of the City of Lin- coin, Nebraska: § 1. That the city of Lincoln be and hereby is authorized to issue its coupon bonds in denominations of one thou.^and dollars each, to the amount of ninety-thousand dollars, payable to bearer twenty years after date, and redeemable at the pleasure of said city at any time after ten years. Said bonds shall bear interest at the rate of six percent, payable annually, which interest shall be computed and evidencecl by coupons to said bonds attached, each coupon calling for the amount of the interest on said bond for one year. One of said coupons shall be made payable each year during the time to run of said bonds. The principal and intere.st shall be payable at the fiscal agency of the state of ‘Ne- braska in the city of New York. § 2. The said lionds and the attached coupons shall be signed by the Mayor and attested by the City Clerk of the said city, and shall have affixed thereto the seal of the said city of Lin- coln. 422 SPECIAL ORDINANCES OF § 3. This ordinance sfiall be in force and take effect from and after its passage and approval and publication according to law. [Passed December 12, 1893. A})proved December 18, 1893. Published in News.^ AN ORDINANCE to provide for the issuing of bonds of the city of Lincoln, Nebraska, for the purpose of funding certain valid existing indebtedness of said city, in pur- suance of tlie authority of a vote of the people expressed at a special election held November 7, 1893. Whereas, By vote of the people at a special election duly called and held in the city of Lincoln on the 7th day of No- vember, 1893, in pursuance of law, the Mayor and Council were empowered and authorized to borrow money, and pledge the property of said city, upon its negotiable bonds, to the amount of ninety thousand dollars, to be used for the purpose of funding the outstanding and bonded indebtedness of said city, and to levy a tax upon the taxable property thereof, in addition to all other taxes, sufficient to pay the interest and principal of said bonds as the same may become due; therefore. Be it ordained hy the Mayor and Council of the City of Lincolny Nebraska : § 1. That for the purpose of funding certain valid existing indebtedness of said city of Lincoln, which is now due and pay- able, and amounting to $90,000.00, there be issued the negotia- ble bonds of said city in the sum of $90,000.00 as hereinafter provided. § 2. Said bonds shall be of the denomination of one thousand dollars ($1,000.00) each, numbered consecutively from 1 to 90 inclusive, dated January 1, 1894, and shall become due and pay- able as follows: $9,000.00 eleven years after date thereof; 9,000.00 twelve years after date thereof; 9,000.00 thirteen years after date thereoT; 9,000.00 fourteen years after date thereof; 9,000.00 fifteen years after date thereof ; 9,000.00 sixteen years after date thereof; 9,000.00 seventeen years after date thereof ; 9,000.00 eighteen years after date thereof ; 9,000.00 nineteen years after date thereof; and 9,000.00 twenty years after the date thereof All of said bonds shall be redeemable at the option of the city at any time after ten years from their date. TliE CltY OF LINCOLN. 4‘23 § 3. Said bonds shall be made payable to bearer, shall bear in- terest at the rate of six per cent per annum from their date, pay- able annually, on the first day of January in each year, and the several installments of interest shall be evidenced by coujmns at- tached to said bonds, and both principal and interest shall be ))ayable as they become due at the fiscal agency of the state of Nebraska in the city of New York. § 4. Said bonds and the attached coupons shall be signed by the Mayor and attested by the City Clerk of the said city, and shall have affixed thereto the seal of the said city of Lincoln. § 5. The Mayor and Clerk of said city are hereby authorized and directed, so soon as practicable, to prepare and execute said bonds and coupons, and the proceeds of the same when they shall have been sold and disposed of according to law shall be applied under the direction of the Mayor and Council in funding said existing indebtedness of said city, and for no other purpose. § 6. There shall be levied and collected taxes on all taxable })roperty in the said city, in addition to other taxes, for a sinking fund to pay accruing interest, and to pay at maturity the prin- cipal of said bonds, for the purpose of paying the same, which tax shall be paid in cash. § 7. This ordinance shall take effect and be in force from and after its passage, approval, and publication according to law. [Passed January 30, 1894. Approved February 1, 1894. Published February — , 1894.] AN ORDINANCE calling’ a special election in the city of Lincoln, Nebraska, for the purpose of enabling the legal voters of said city to authorize the Mayor and Coun- cil of said city to issne tlie coupon l>onds of said city in the sniu of five hnndred and thirty-four thonsand live hnndred dollars, to fnn'd the outstanding, maturing, and redeemable bonded indebtedness of said city ; and for the levy of an annual tax to pay the interest on such bonds, and also for the levy of such additional tax as will create a sinking fund to pay the principal of such bonds at their maturity. 1461. Whereas, Twenty-iiiue thousand five hundred dollars of the funding bonds of the city of Lincoln, Nebraska, issued for the purpose of redeeming twenty thousand dollars fire bonds of the city, due April 1st, 1882, and nine thousand five hundred dollars of bonds issued to the Atchison & Nebraska Railroad Company, due September 1, 1882, twenty thousand dollars of said bonds are dated July 10, 1882, and nine thousand five hundred dol- lars of said bonds are dated September 1, 1882, and bear six per cent annual interest, denominations of five hundred dollars each, due in twenty years, and redeemable after ten years from their date, are now redeemable; and 424 SPECIAL ORDINANCES OP Whereas, Ten thousand dollars of water bonds, first series, of the city of Lincoln, Nebraska, issued for construction of pub- lic wells and water supply for the city, seven thousand dollars of said bonds are dated May 23, 1882, and three thousand dol- lars of said bonds are dated May 29, 1884, bearing six [)er cent annual interest, denominations of five hundred dollars each, due in twenty years from date, and redeemable after five years from their date, are now redeemable; and Whereas, Ten thousand dollars of the water bonds, second series, of the city of Lincoln, Nebraska, issued for providing a water supply for said city, and dated May 29, 1884, bearing six per cent annual interest, denomination of five hundred dollars, due in twenty years and redeemable after five years from their date, are now redeemable; and Whereas, Ninety thousand dollars of the water bonds, third series, of the city of Lincoln, Nebraska, voted by said city on July 11, 1884, for erecting and constructing a system of water works for said city, said bonds draw six per cent annual interest, denomination of five hundred dollars, payable in twenty years, and redeemable after five years from their date, said bonds are dated as follows: Thirty-five thousand dollars November 26, 1884, five thousand dollars December 5, 1884, five thousand dollars December 10, 1884, five thousand dollars December 23, 1884, and forty thousand dollars of said bonds February 24, 1885, are now redeemable; and Whereas, Twenty-five thousand dollars of refunding bonds of the city of Lincoln, Nebraska, issued for refunding twenty- five thousand dollars of the bonds issued to the Lincoln & North- western Railroad Company January 1, 1880, bearing date of the twentieth day of December, 1885, denomination of five hundred dollars each, payable in twenty years after date, and redeemable after five years from date, bearing interest at the rate of five and one-half per cent, payable semi-annually, are now redeemable; and Whereas, Eighty thousand dollars of sewer bonds of the city of Lincoln, Nebraska, issued for the purpose of erecting and constructing a system of sewerage in said city, dated September 1, 1886, denomination of one thousand dollars, payable in twenty years and redeemable after five years from their date, bearing five per cent semi-annual interest, are now redeemable; and Whereas, One hundred thousand dollars of paving bonds, first series, of the city of Lincoln, Nebraska, issued for the pur- THE CITY OF LINCOLN. 425 pose of paying the costs of paving, repaving, or macadamizing the intersections of streets and alleys in said city, dated July 1, 1887, denomination of one thousand dollars, bearing five per cent interest, payable semi-annually, due in twenty years from date, and redeemable after five years from their date, are now re- deemable ; and Whereas, Ten thousand dollars of water bonds, fourth series, of the city of Lincoln, Nebraska, issued for the purpose of fur- nishing a water supply for said city, dated October 15, 1887, denomination of one thousand dollars, five per cent semi-annual interest, payable in twenty years and redeemable after five years from their date, are now redeemable; and Whereas, Thirty thousand dollars of refunding bonds, of the city of Lincoln, Nebraska, issued for the purpose of refund- ing outstanding bonds of the said city, dated October 1, 1887, denomination of one thousand dollars, bearing five, and one-half per cent, semi-annual interest, payable fifteen years after date, and redeemable after five years from their date, are now redeem- able; and Whereas, Ten thousand dollars of water bonds, fifth series, of the city of Lincoln, Nebraska, dated July 1, 1888, denomi- nation of one thousand dollars, bearing five per cent semi-annual interest, payable twenty years after date, and redeemable after five years from their date, are now redeemable; and Whereas, One hundred thousand dollars of paving bonds, sec- ond series, of the city of Lincoln, Nebraska, issued for the pur- pose of paying the costs of paving, re()aving, or macadamizing the intersections of streets and alleys in said city, dated July 1, 1888, denomination of one thousand dollars, bearing five per cent interest, payable semi-annually, due in twenty years from date, and redeemable after five years from their date, are now redeemable; and Whereas, Twenty-six thousand dollars of the bonds of the city of Lincoln, Nebraska, issued for funding the floating indebt- edness of said city, issued July 1, 1875, bearing ten per cent in- terest, ])ayable semi-annually, due in twenty years, and thirteen thousand dollars of said bonds redeemable in ten years from their date, said bonds of the denomination of five hundred dollars eacii, and thirteen thousand dollars of said bonds, are now re- deemable; and Whereas, Twenty-seven thousand dollars of the bonds of the city of Lincoln, Nebraska, issued for funding the bonded 426 SPECIAL ORDINANCES OF debt of said city, issued April 1, 1886, bearing five and one-half per cent interest, j)ayable semi-annually, due in twenty years from their date, and redeemable after five years from their date, are now redeemable; therefore. Be it ordained by the Mayor and Council of the City of Lincoln^ Nebraska: § 1. That a special election is hereby called to be held at the respective voting places in the several wards as hereafter stated, in the city of Lincoln, in the county of Lancaster, in the state of Nebraska, on Tuesday, the third day of Aj)ril, 1894, for the })ur- pose of enabling the legal voters of the said city to vote upon the following proposition : Shall the Mayor and Council of the city of Lincoln, Nebraska, be authorized to issue the coupon bonds of the city of Lincoln, to the amount of five hundred and thirty- four thousand five hundred dollars, in the denominations of five hundred and one thousand dollars each, payable to bearer one- tenth thereof each year after ten years from their date, and all said bonds shall be redeemable at the option of the city at any time after ten years from their date, providing there shall be no tax levied to pay more than the interest upon such bonds until the year before they become due, and then only so much as is needed to meet the bonds maturing the year after, said bonds to be dated June 1, 1894, and to bear interest at the rate of four and three-fourths per cent per annum, payable semi-annually, interest and principal payable at the fiscal agency of the state of Nebraska in the city of NewYork, said interest to be evidenced by coupons thereto attached, and shall be known as refunding bonds of the city of Lincoln, county of Lancaster, state of Nebraska; and shall the Mayor and Council of said city have power to levy the necessary tax on the taxable property of said city in addition to all other (axes to pay the interest coupons on said bonds as they become due and payable, and to provide a sinking fund for the })ayment of said bonds as they mature. § 2. All ballots voted at said election shall have written or. printed, or partly written or printed, thereon the words, ‘‘Shall the Mayor and Council of the city of Lincoln, Nebraska, have power to borrow money and pledge the property of said city, upon its negotiable bonds, to an amount not exceeding $534,500.00, to be used for the purpose of refunding the bonded indebtedness of said city now due or redeemable, and to levy a (ax upon all tax- able property of said city, in addition to all other taxes, suffi- cient to pay the interest and principal of said bonds as the same THE CITY OF LINCOLN. 427 shall become due? Yes;’’ or ‘^Shall the Mayor and Council of the city of J^incoln, Nebraska, have power to borrow money and pledge the property of said city, upon its negotiable bonds, to an amount not exceeding $584,500.00, to be used for the purpose of refunding the bonded indebtedness of said city now due or re- deemable, and to levy a tax upon all taxable property of said city, in addition to all other taxes, sufficient to pay the interest and principal of said bonds as the same may become due? No.” § 3. Should the majority of the votes cast at said election be for said proposition, the Mayor and Council shall have the power to issue and sell said bonds and levy such tax for the purpose and upon the conditions specified in this ordinance. § 4. The proceeds of sale of this issue of bonds shall be used as follows: The proceeds of $13,000. of said bonds, so to be is- sued, to be used to refund $13,000 of bonds issued for funding the floating indebtedness of the city of Lincoln, Nebraska, bear- ing date of July 1, 1875; and the proceeds of $29,500 of said bonds to be used to refund $20,000 of bonds issued for redeem- ing $20,000 fire bonds, bearing date of July 10, 1882, and $9,500 of bonds issued to the Atchison & Nebraska Railroad Comj)any, bearing date of September 1, 1882; and the proceeds of $10,000 of said bonds to be used to refund $10,000 of water bonds, first series, issued for furnisliing a water supply, $7,000 of said bonds dated May 23, 1882, and $3,000 dated May 29, 1884; and the proceeds of $10,000 of said bonds to be used to refund $10,000 of water bonds, second series, issued for furnish- ing water supply, dated May 29, 1884; and the proceeds of $90,000 of said bonds to be used to refund $90,000 of water bonds, third series, issued for erecting and constructing a system of water works, and $35,000 of said bonds bearing date of No- vember 26, 1884, $5,000 December 5, 1884, $5,000 December 10, 1884, $5,000 December 23, 1884, and $40,000 February 24, 1885; and the proceeds of $25,000 of saicl bonds to be used to refund $25,000 of l)onds issued to the Lincoln & North- Western Railroad Company, bearing date of December 20, 1885; and the proceeds of $80,000 of said bonds to be used to refund $80,000 of bonds issued for constructing a sewer system, bearing date of September 1, 1886; and the pi oceeds of $100,000 of said bonds to be used to refund $100,000 of paving bonds, first series, issued for the purpose of paving the intersections and spaces op- posite alleys, dated July 1, 1887; and the proceeds of $10,000 of said bonds to be used to refund $10,000 of water bonds. 428 SPECIAL ORDINANCES OF fourth series, issued for tlie purpose of furnishing a water sup- ply, bearing date of October 15, 1887; and the proceeds of $30,- 000 of said bonds to be used to refund $30,000 of refunding bonds, issued for the purpose of refunding outstanding bonds of the city, bearing date October 1, 1887; and the proceeds of $10,- 000 of said bonds to be used to refund $10,000 of water bonds, fifth serie-, issued for tlie ])urpose of furnishing a water supply, bearing date of July 1, 1888; and the ])rocee(ls of $100,000 of said bonds to be used to refund $100,000 of paving bonds, sec- ond series, issued for the purpose of paving the intersections and spaces op])osite alleys, bearing date of July 1, 1888; and the proceeds of $27,000 of said bonds to be used to refund $27,000 of funding bonds, issued for the purpose of funding the out- standing bonded debt of the city of Lincoln, Nebraska, bearing date of April 1, 1886. § 5. The proceeds of the sale of said bojids shall immediately upon the receipt thereof be paid to the Treasurer of said city of Lincoln, and shall be kept separate and apart from the other moneys belonging to said city, and shall be drawn and used for purposes hereinbefore specified, and no others. § 6. The vote upon said proposition shall be had and taken at the several voting places in said city where the general election is held on said day, and the judges and clerks of said general election shall be the judges and clerks of the election hereby called; that the rules and regulations of said general election shall apply to this election so far as the same are applicable. The polls at said election shall be opened at eight o'clock A. m. and continued 0 })en until seven o’clock p. M. on said day of elec- tion. §■ 7. The proposition herein submitted for the issuance of said bonds and the levying of the tax herein provided for shall be published for at least four weeks in a newspaper published and of general circulation in said city. § 8. This ordinance shall be in force and take effect from and after its passage, approval, and publication according to law. [Passed February 27, 1894. Approved February 28, 1894. Published in Call March 3,1894.] AN ORDINANCE to provifle for the issuing of bonds of tlie city of Lincoln, Nebraska, for the purpose of refninling certain valid existing indebtedness of said city, in pursuance of the authority of a vote of the people expressed at a special election held April M, 1894. 1462. Whereas, By a vote of the people at a special election duly called and held in the city of Lincoln on the 3d day of April, THE CITY OF J.INCOI.N, 429 1894, in pursuance of law, the Mayor and Council were empow- ered and autliorized to borrow mtmey, and pledge the property of said city, upon its negotiable bonds, to the amount of thirteen thousand dollars, to be used for the purpose of refunding the out- standing bonded indebtedness of said city, and to levy a tax upon the taxable property thereof, in addition to all other taxes, sufficient to pay the interest and principal of said bonds as the same may become due; therefore, Be it 07 'dained by the Mayor and Council of the City of LincolUj Nebraska : § 1. That for the purpose of refunding certain valid existing indebtedness of said city of Lincoln, which is now due and pay- able, and amounting to $13,000 funding bonds of the city of Lincoln, Nebraska, there be issued the negotiable bonds of said city in the sum of $13,000, as hereinafter provided. § 2. Said bonds shall be of the denomination of five hundred dollars each, numbered consecutively from (1) to twenty-six (26) inclusive, dated June 1, 1894,and shall become due and payable as follows : $1,000 eleven years after date thereof. $1,000 twelve years after date thereof. $1,000 thirteen years after date thereof. $1,000 fourteen years after date thereof. $1,000 fifteen years after date thereof. $1,000 sixteen years after date thereof. $1,000 seventeen years after date thereof $2,000 eighteen years after date thereof $2,000 nineteen years after date thereof $2,000 twenty years after date thereof All of said bojids shall be redeemable jit the option of the city at any time after ten years from their date. § 3. Said bonds shall be made payable to bearer, shall bear interest at the rate of four and three-fourths per cent per annum from their dale, payable semi-annually on the first day of Janu- ary and July in each year, and the several installments of inter- est shall be evidenced by coupons attached to said bonds, and both principal and interest shall be payable as they become due at thefi'Cal agency of the state of Nebraska in the city of New York. § 4. Said bonds and the attached cou])ons shall be signed by the Mayor and attested by the City Clerk of the said city, and shall have affixed thereto the seal of the said city of Lincoln. 430 SPECIAL ORDINANCES OF § 5. The Mayor and Clerk of said city are hereby authorized and directed, so soon as practicable, to prepare and execute said bonds and coupons, and the proceeds of the same, when they shall have been sold and disposed of according to law, shall be applied, under direction of the Mayor and Council, in refunding said existing indebtedness of said city, and for no other purpose. § 6. There shall be levied and collected taxes on all taxable ]iroperty in the said city, in addition to other taxes, for a sinking fund to pay accruing interest, and to pay at maturity the princi- pal of said bonds, for the purpose of paying the same, which tax shall be j)aid in cash. § 7. This ordinatice shall take effect and be in force from and after its passage, approval, and publication according to law. [Passed June 26, 1894. Approved June 27, 1894. Published in Journal June 28, 1894.] AN ORlJlNANCE to provide for the issuing of bonds of the city of Lincoln. Nebraska, for the purpose of refunding certaiji valid existing bonded indebtedness of said city of Lincoln, in pursuance of the authority of a vote of the people expressed at a special election held April 3, 1891. 1463. Whereas, By a vote of the people at a special elec- tion duly called and held in the city of Lincoln, Nebraska, on the 3tl day of April, 1894, in pursuance of law, the Mayor and Council were empowered and authorized to borrow money, and pledge the property of said city, upon its negotiable bonds, to the amount of twenty-nine thousand five hundred dollars, to be used for the jmrpose of refunding twenty-nine thousand five hundred dollars of funding bonds of the city of Ijincoln, twenty thousand dollars of said bonds are dated July 10, 1882, and nine thousand five hundred dollars of said bonds are dated Sep- tember 1, 1882, and to levy a tax upon the taxable j^roperty thereof, in addition to all other taxes, sufficient to pay theinlerest and principal of said bonds as the same may become due; there- fore. Be it ordained by the Mayor and City Council of the City of Lincoln^ Nebraska: § 1. That for the purpose of refunding certain valid existing bonded indebtedness of said city of Lincoln, Nebraska, which is now due ajul payable, and amounting to twenty-nine thousand five hundred dollars funding bonds of the city of Lincoln, Ne- braska, there be issued the negotiable bonds of said city in the sum of twenty-nine thousand and five hundred dollars, as here- inafter provided. THE CITY OF EINCOIiN. 431 § 2. Said bonds shall be of the denomination of five hundred dollars (500) each, numbered consecutively from (1) to fifty-nine (59) inclusive, dated June 1, A. D. 1894, and shall become due payable as follows : $3,000 eleven years after date thereof. $3,000 twelve years after date thereof. $3,000 thirteen years after date thereof. $3,000 fourteen years after date thereof. $3,000 fifteen years after date thereof. $3,000 sixteen years after date thereof. $3,000 seventeen years after date thereof $3,000 eighteen years after date thereof. $3,000 nineteen years after date thereof $2,500 twenty years after date thereof. All of said bonds shall be redeemable at the option of the city at any time after ten years from their date. § 3. Said bonds shall be made payable to bearer, shall bear interest at the rate of four and three- fourths per centum per an- num from their date, payable semi-annually on the first day of January and July in eacli year, and the several installments of interest shall be evidenced by cou})ons attached to said bonds, and both principal and interest shall be payable as they become due at the fiscal agency of the state of Nebraska in tlie city of New York. § 4. Said bonds and the attached coupons shall be signed by the Mayor and attested by the City Clerk of the said city, and shall have affixed thereto the seal of the said city of Lincoln. § 5. The Mayor and City Clerk of said city are hereby au- thorized and directed to prepare and execute said bonds and cou- pons, and the proceeds of the same, when they shall have been sold and disposed of according to law, shall be applied, under the direction of the Mayor and Council, in refunding said existing bonded indebtedness of said city, and for no other purpose. § 6. There shall be levied and collected taxes on all taxable property in the said city, in addition to all other taxes, for a sinking fund to ])ay accruing interest, and to j)ay at maturity the principal of said bonds, for the purpose of paying the same, which tax shall be })aid in cash. § 7. This ordinance shall take effect and be in force from and after its passage, a])proval, and publication according to law. [Passed June 26, 1894. Approved June 27, 1894. Published in Journal June 28, 1894.] 432 SPECIAL ORDINANCES OF AN ORDINANCE to y)rovide for the issuing of bonds of the city of Lincoln, Nebraska, for the purpose of refunding certain valid existing bonded indebtedness of said city, in pursuance of the authority of a vote of the people expressed at a special election held April 3, 1894. 1464. Whereas, By a vote of the people at a special election duly called and held in the city of Lincoln on the 3d day of April, 1894, in pursuance to law, tlie Mayor and Council were empowered and authorized to borrow money, and pledge the property of said city, upon its negotiable bonds, to the amount of eighty thousand dollars, to be used for the purpose of refunding the outstanding bonded indebtedness of said city, and to levy a tax upon the taxable property thereofj in addition to all otlier taxes, sufficient to pay the interest and principal of said bonds as the same may become due; therefore. Be it ordained by the Mayor and Council of the City of Lincoln^ Nebraska : § 1. That for the purpose of refunding a certain valid exist- ing indebtedness of said city of Lincoln, which is now due and payable, and amounting to eighty thousand dollars sewer bonds of the city ot‘ Lincoln, Nebraska, there be issued the negotiable bonds of said city in the sum of eighty thousand dollars as hereinafter provided. § 2. Said bonds shall be of the denomination of one thousand dollars ($1,000) each, numbered consecutively from one (1) to eighty (80) inclusive, dated June 1, 1894, and shall become due and payable as follows : $8,000 eleven years after date thereof. $8,000 twelve years after date thereof. $8,000 thirteen years after date thereof. $8,000 fourteen years after date thereof. $8,000 fifteen years after date thereof. $8,000 sixteen years after date thereof. $8,000 seventeen years after date thereof. $8,000 eighteen years after date thereof. $8,000 nineteen years after date thereof. $8,000 twenty years after date thereof. All of said bonds shall be redeemable at the option of the city at any time after ten years from their date. § 3. Said bonds shall be made payable to bearer, shall bear interest at the rate of four and three-fourths per cent per annum from their date, payable semi-annually on the first day of Janu- ary and July in each year, and the several installments of in- terest shall be evidenced by coupons attached to said bonds, and THE CITY OF LINCOLN. 433 both principal and interest shall be payable as they become due at the fiscal agency of the state of Nebraska in the city of New York. § 4. Said bonds and the attached coupons shall be signed by the Mayor and attested by the City Clerk of the said city, and shall have affixed thereto the seal of the said city of Lincoln. § 5. The Mayor and Clerk of said city are hereby authorized and directed, so soon as practicable, to prepare and execute said bonds and coupons, and the proceeds of the same, when they shall have been sold and disposed of according to law, shall be applied, under direction of the Mayor and Council, in refunding said existing indebtedness of said city, and for no other purpose. § 6. There shall be levied and collected taxes on all taxable property in the said city, in addition to other taxes, for a sink- ing fund to pay accruing interest, and to pay at maturity the principal of said bonds, for the purpose of paying the same, which tax shall be paid in cash. § 7. This ordinance shall take effect and be in force from and after its passage, approval, and publication according to law. [Passed June 26, 1894. Approved June 27, 1894. Pub- lished in Journal June 28, 1894.] AN ORDINANCE to provide for the issuing of bonds of tlie city of Lincoln, Nebraska, for the purpose of refunding certain valid existing bonded indebtedness of said city, in pursuance of the authority of a vote of the people expressed at a special election held April 3, 1891. 1465. Whereas, By a vote of the people at a special elec- tion called and held in the city of Lincoln on the third day of April, 1894, in pursuance of law, the Mayor and Council were empowered and authorized to borrow money, and pledge the property of said city, upon its negotiable bonds, to the amount of one hundred thousand dollars, to be used for the purpose of re- funding the outstanding bonded indebtedness of said city, and to levy a tax upon the taxable property thereof, in addition to all other taxes, sufficient to pay the interest and principal of said bonds as the same may become due; therefore. Be it ordained by the Mayor and Council of the City of Lmcoln, Nebraska: § 1. That for the purpose of refunding certain valid existing indebtedness of said city of Lincoln, which is now due and pay- able, and amounting to one hundred thousand dollars paving bond.s, second series, issued for the purpose of paying the costs 20 434 SPECIAL ORDINANCES OF of paving, repaving, or macadamizing the intersections of streets and alleys in said city, there be issued the negotiable bonds of said city in the sum of one hundred thousand dollars, as hereinafter provided. § 2. Said bonds shall be of the denomination of one thousand dollars each, numbered consecutively from one (1) to one hun- dred (100) inclusive, dated June 1, 1894, and shall become due and payable as follows: $10,000 eleven years after date thereof. $10,000 twelve years after date thereof. $10,000 thirteen years after date thereof. $10,000 fourteen years after date thereof. $10,000 fifteen years after date thereof. $10,000 sixteen years after date thereof. $10,000 seventeen years after date thereof. $10,000 eighteen years after date thereof. $10,000 nineteen years after date thereof. $10,000 twenty years after date thereof. All of said bonds shall be redeemable at the option of the city at any time after ten years from their date. § 3. Said bonds shall be made payable to bearer, shall bear in- terest at the rate of four and three-fourths per cent per annum from their date, payable semi-annually on the first day of Jan- uary and July in each year, and the several installments of in- terest shall be evidenced by coupons attached to said bonds, and both principal and interest shall be payable as they become due at the fiscal agency of the state of Nebraska in the city of New York. § 4. Said bonds and the attached coupons shall be signed by the Mayor and attested by the City Clerk of said city, and shall have affixed thereto the seal of the said city of Lincoln. § 5. The Mayor and Clerk of said city are hereby authorized and directed, so soon as practicable, to prepare and execute said bonds and coupons, and the proceeds of the same, when they shall have been sold and disposed of according to law, shall be ap- plied, under direction of the Mayor and Council, in refunding said existing bonded indebtedness of said city, and for no other purpose. § 6. There shall be levied and collected taxes on -all taxable property in the said city, in addition to other taxes, for a sinking fund to pay accruing interest, and to pay at maturity the prin- cipal of said bonds, for the purpose of paying the same, which tax shall be paid in cash. THE CITY OP LINCOI.N. 435 § 7. This ordinance shall take effect and be in force from and after its passage, approval, and f)ublication according to law. [Passed June 26, 1894. Approved June 27, 1894. Published in Journal ^\\\\Q 28, 1894.] AN ORDINANCE to provide for the issuing of bonds of the city of Lincoln, Nebraska, for the purpose of refunding certain valid existing outstanding bonded indebted- ness of said city of Lincoln, in pursuance of the authority of a vote of the people expressed at a special election held April 3, 1894. 1466. Whereas, By a vote of the people at a special election duly called and held in the city of Lincoln on the 3d day of April, 1894, in pursuance of law, the Mayor and Council were empow- ered and authorized to borrow money, and pledge the property of said city, upon its negotiable bonds, to the amount of ten thou- sand dollars, to be used for the purpose of refunding the out- standing bonded indebtedness to the amount of ten thousand dollars of water bonds of said city, second series, of the city of Lincoln, dated seven thousand dollars of said bonds May 23, 1882, and three thousand dollars of said bonds are dated May 29, 1884, and to levy a tax upon the taxable property thereof, in addition to all other taxes, sufficient to pay the interest and principal of said bonds as the same may become due; therefore. Be it ordained by the Mayor and Council of the City of Lincoln ^ Nebraska: § 1. That for the purpose of refunding certain valid existing bonded indebtedness of said city of Lincoln, Nebraska, which is now due and payable, and amounting to ten thousand dollars water bonds, first series, of the city of Lincoln, Nebraska, there be issued the negotiable bonds of said city in the sum of ten thousand dollars, as hereinafter provided. § 2. Said bonds shall be of the denomination of five hundred dollars each, numbered consecutively from one (1) to twenty (20) inclusive, dated June 1, A. D. 1894, and shall become due and payable as follows: $1,000 eleven years after date thereof. $1,000 twelve years after date thereof. $1,000 thirteen years after date thereof. $1,000 fourteen years after date thereof. $1,000 fifteen years after date thereof. $1,000 sixteen years after date thereof. $1,000 seventeen years after date thereof. 436 SPECIAL ORDINANCES OF $1,000 eighteen years after date thereof. $1,000 nineteen years after date thereof. $1,000 twenty years after date thereof. All of said bonds shall be redeemable at the option of the city at any time after ten years from their date. § 3, Said bonds shall be made payable to bearer, shall bear interest at the rate of four and three-fonrths per centum per an- num from their date, payable semi-annually on the first day of January and July in each year, and the several installments of interest shall be evidenced by coupons attached to said bonds, and both principal and interest shall be payable as they become due at the fiscal agency of the state of Nebraska in the city of New York. § 4. Said bonds and the attached coupons shall be signed by the Mayor and attested by the City Clerk of the said city, and shall have affixed thereto the seal of the said city of Lincoln. § 5. The Mayor and City Clerk of said city are hereby author- ized and directed to prepare and execute said bonds and coupons, and the proceeds of the same, when they shall have been sold and disposed of, shall be applied, under the direction of the Mayor and Council, in refunding said existing bonded indebtedness of said city, and for no other purpose. § 6. There shall be levied and collected taxes on all taxable property in said city, in addition to all other taxes, for a sinking fund to pay accruing interest, and to pay at maturity the princi- pal of said bonds, for the purpose of paying the same, which tax shall be paid in cash. § 7. This ordinance shall take effect and be in force from and after its passage, ap|)roval, and publication according to law. [Passed June 26, 1894. Approved June 27 ,1894. Published in Journal June 28, 1894.] AN ORDINANCE to provide for the issuing of bonds of the city of Lincoln, Nebraska, for the purpose of refunding certain valid existing bonded indebtedness of said city, in pursuance of the authority of a vote of the people expressed at a special election held April 3, 1894. 1467. Whereas, By a vote of the people at a special elec- tion duly called and held in the city of Lincoln on the 3d day of April, 1894, in pursuance of law, the Mayor and Council were empowered and authorized to borrow money, and pledge the property of said city, upon its negotiable bonds, to the amount of thirty thousand dollars, to be used for the purpose of refund- THE CITY OF LINCOLN. 437 ing the outstanding bonded indebtedness of said city, and to levy a tax upon the taxable property of said city, in addition to all other taxes, sufficient to pay the interest and principal of said bonds as the same may become due; therefore. Be it ordained by the Mayor and Council of the City of Lincoln^ Nebraska : § 1. That for the purpose of refunding certain valid existing bonded indebtedness of said city of Lincoln, which is now due and payable, and amounting to thirty thousand dollars refund- ing bonds of the city of Lincoln, Nebraska, there be issued the negotiable bonds of said city in the sum of thirty thousand dol- lars, as hereinafter provided. § 2. Said bonds shall be of the denomination of one thousand dollars ($1,000) each, numbered consecutively from one (1) to thirty (30) inclusive, dated June 1, 1894, and shall become due and payable as follows : $3,000 eleven years after date thereof. $3,000 twelve years after date thereof. $3,000 thirteen years after date thereof. $3,000 fourteen years after date thereof. $3,000 fifteen years after date thereof. $3,000 sixteen years after date thereof. $3,000 seventeen years after date thereof. $3,000 eighteen years after date thereof. $3,000 nineteen years after date thereof. $3,000 twenty years after date thereof. All of said bonds shall be redeemable at the oj)tion of the city at any time after ten years from their date. § 3. Said bond shall be made payable to bearer, shall bear in- terest at the rate of four and three-fourths per cent per annum from their date, payable semi-annually on the first day of January and July in each year, and the several installments of interest shall be evidenced by coupons attached to said bonds, and both prin- cipal and interest shall be payable as they become due at the fiscal agency of the state of Nebraska in the city of New York. § 4. Said bonds and attached coupons shall be signed by the Mayor and attested by the City Clerk of said city, and shall have affixed thereto the seal of the said city of Lincoln. § 5. The Mayor and Clerk of said city are hereby author- ized and directed, so soon as practicable, to prepare and execute said bonds and coupons, and the proceeds of the same, when they 438 SPECIAL ORDINANCES OF shall have been sold and disposed of according to law, shall be applied, under direction of the Mayor and Council, in refunding said existing indebtedness of said city, and for no other purpose. § 6. There shall be levied and collected taxes on all taxable property in the said city, in addition to other taxes, for a sink- ing fund to pay accruing interest, and to pay at maturity the principal of said bonds, for the purpose of paying the same, which tax shall be paid in cash. § 7. This ordinance shall take effect and be in force from and after its passage, approval and publication according to law. [Passed June 26, 1894. Approved June 27, 1894. Pub- lished in Joui'nal June 28, 1894.] AN ORDINANCE to provide for the issuing of bonds of the city of liincoln, Nebraska, for the purpose of refunding certain valid existing bonded indebtedness of said city, in pursuance of the authority of a vote of the people expressed at a special election held April 3, 1894. 1468. Whereas, By a vote of the people at a special election duly called and held in the city of Lincoln on the 3d day of April, 1894, in pursuance of law, the Mayor and Council were empowered and authorized to borrow money, and pledge the prop- erty of said city, upon its negotiable bonds, to the amount of one hundred thousand dollars, to be used for the purpose of re- funding the outstanding bonded indebtedness of said city, and to levy a tax upon the taxable property thereof, in addition to all other taxes, sufficient to pay the interest and principal of said bonds as the same may become due; therefore. Be it 07'dained by the Mayor' and Council of the City of Lincoln^ Nebt'aska : § 1. That for the purpose of refunding certain valid existing indebtedness of said city of Lincoln, which is now due and pay- able, and amounting to one hundred thousand dollars paving bonds, first series, issued for the purpose of paying the costs of paving, repaving, or macadamizing the intersections of streets and alleys in said city, there be issued the negotiable bonds of said city in the sum of one hundred thousand dollars, as herein- after provided. § 2. Said bonds shall be of the denomination of one thousand dollars each, numbered consecutively from one (1) to one hun- dred (100) inclusive, dated June 1, 1894, and shall become due and payable as follows ; THE CITY OF LINCOI.N. 439 $10,000 eleven years after date tliereof. $10,000 twelve years after date thereof. $10,000 thirteen years after date thereof. $10,000 fourteen years after date thereof. $10,000 fifteen years after date thereof. $10,000 sixteen years after date thereof. $10,000 seventeen years after date thereof. $10,000 eighteen years after date thereof. $10,000 nineteen years after date thereof. $10,000 twenty years after date thereof. All of said bonds shall be redeemable at the option of the city at any time after ten years from their date. § 3. Said bonds shall be made payable to bearer, shall bear interest at the rate of four and three-fourths per cent per annum, payable semi-annually on the first day of January and July in each year, and the several installments of interest shall be evi- denced by coupons attached to said bonds, and both principal and interest shall be payable as they become due, at the fiscal agency of the state of Nebraska in the city of New York. § 4. Said bonds and the attached coupons shall be signed by the Mayor and attested by the City Clerk of said city, and shall have affixed thereto the seal of the said city of Lincoln. § 5. The Mayor and Clerk of said city are hereby authorized and directed, so soon as practicable, to execute said bonds and coupons, and the proceeds of the same, when they shall have been sold and disposed of according to law, shall be applied, under direction of the Mayor and Council, in refunding said exist- ing indebtedness of said city, and for no other purpose. § 6. There shall be levied and collected taxes on all taxable property in the said city, in addition to other taxes, for a sinking fund to pay accruing interest, and to pay at maturity the princi- pal of said bonds, for the purpose of paying the same, which tax shall be paid in cash. § 7. This ordinance shall take effect and be in force from and after its passage, approval, and publication according to law. [Passed June 26, 1894. Approved June 27, 1894. Pub- lished in Journal June 28, 1894.] 440 SPECIAL ORDINANCES OF AN ORDINANCE to provide for the issuing of bonds of the city of Lincoln, Nebraska for the purpose of refunding certain valid existing bonded indebtedness of said city, in pursuance of the authority of a vote of the people expressed at a special election held April 3, 1894. 1469. Whereas, By a vote of the people at a special election (Inly called and held in the city of Lincoln on the 3d day of April, 1894, in pursuance of law, the Mayor and Council were empowered and authorized to borrow money, and pledge the prop- erty of said city, upon its negotiable bonds, to the amount of twenty-five thousand dollars, to be used for the purpose of re- funding the outstanding bonded indebtedness of said city, and to levy a tax upon the taxable property thereof, in addition to all other taxes, sufficient to pay the interest and principal of said bonds as the same may become due; therefore. Be it 07 'dained by the Mayor and Council of the City of Lincoln^ Nebraska : § 1. That for the purpose of refunding the valid existing in- debtedness of said city of Lincoln, which is now due and pay- able, and amounting to twenty-five thousand dollars refunding bonds of the city of Lincoln, Nebraska, there be issued the ne- gotiable bonds of said city in the sum of twenty-five thousand dollars, as hereinafter provided. § 2. Said bonds shall be of the denomination of five hundred dollars ($500) each, numbered from one (1) to fifty (50) inclu- sive, dated June 1, 1894, and shall become due and payable as follows : $2,500 eleven years after date thereof. $2,500 twelve years after date thereof. $2,500 thirteen years after date thereof. $2,500 fourteen years after date thereof. $2,500 fifteen years after date thereof. $2,500 sixteen years after date thereof. $2,500 seventeen years after date thereof. $2,500 eighteen years after date thereof. $2,500 nineteen years after date thereof. $2,500 twenty years after date thereof. All of said bonds shall be redeemable at the option of the city at any time after ten years from their date. § 3. Said bonds shall be made payable to bearer, shall bear interest at the rate of four and three-fourths per cent per annum from their date, payable semi-annually on the first day of Jan- uary and July in each year, and the several installments of in- THE CITY OF LINCOLN. 441 terest shall be evidenced by coupons attached to said bonds, and both principal and interest shall be payable as they become due at the fiscal agency of the state of Nebraska in the city of New York. § 4. Said bonds and the attached coupons shall be signed by the Mayor and attested by the City Clerk of the said city, and shall have affixed thereto the seal of the said city of Lincoln. § 5. The Mayor and Clerk of said city are hereby authorized and directed, so soon as practicable, to prepare and execute said bonds and coupons, and the proceeds of the same, when they shall have been sold and disposed of according to law, shall be applied, under direction of the Mayor and Council, in refunding said existing indebtedness of said city, and for no other purpose. § 6. There shall be levied and collected taxes on all taxable property in the said city, in addition to other taxes, for a sink- ing fund to pay accruing interest, and to pay at maturity the principal of said bonds, for the purpose of paying the same, which tax shall be paid in cash. § 7. This ordinance shall take effect and be in force from and after its passage, approval, and publication according to law. [Passed June 26, 1894. Approved June 27, 1894. Published in Journal June 28, 1894.] AN ORDINANCE to provide for the issuing of bonds of the city of Lincoln, Nebraska, for the purpose of refunding certain valid existing indebtedness of said city, in pursuance of the authority of a vote of the people expressed at a special election held April 3, 1894. 1470. Whereas, By a vote of the people at a special elec- tion duly called and held in the city of Lincoln on the 3d day of April, 1894, in pursuance of law, the Mayor and Council were empowered and authorized to borrow money, and pledge the property of said city, upon its negotiable bonds, to the amount of ten thousand dollars, to be used for the purpose of refunding the outstanding bonded indebtedness of said city, and to levy a tax upon the taxable property thereof, in addition to all other taxes, sufficient to pay the interest and principal of said bonds as the same may become due; therefore. Be it ordained by the Mayor and Council of the City of Lincoln^ Nebraska : § 1. That for the })urpose of refunding certain valid existing indebtedness of said city of Lincoln, which is now due and pay- 442 SPECIAL ORDINANCES OF able, and amounting to ten thousand dollars water bonds, second series, of the city of Lincoln, Nebraska, there be issued the nego- tiable bonds of said city in the sum of $10,000, as hereinafter provided. § 2. Said bonds shall be of the denomination of five hundred dollars ($500) each, numbered consecutively from one to twenty inclusive, dated June 1, 1894, and shall become due and payable as follows: $1,000 eleven years after date thereof. $1,000 twelve years after date thereof. $1,000 thirteen years after date thereof. $1,000 fourteen years after date thereof. $1,000 fifteen years after date thereof. $1,000 sixteen years after date thereof. $1,000 seventeen years after date thereof. $1,000 eighteen years after date thereof. $1,000 nineteen years after date thereof. $1,000 twenty years after date thereof. All of said bonds shall be redeemable at the option of the city at any time after ten years from their date. § 3. Said bonds shall be made payable to bearer, shall bear interest at the rate of four and three-fourths per cent per annum from their date, payable semi-annually on the first day of July and January of each year, and the several installments of inter- est shall be evidenced by coupons attached to said bonds, and both principal and interest shall be payable as they become due at the fiscal agency of the state of Nebraska in the city of New York. § 4. Said bonds and the attached coupons shall be signed by the Mayor and attested by the City Clerk of the said city, and shall have affixed thereto the seal of the said city of Lincoln. § 5. The Mayor and Clerk of said city are hereby authorized, so soon as practicable, to prepare and execute said bonds and coupons, and the proceeds of the same, when they shall have been sold and disposed of according to law, shall be applied, under the direction of the Mayor and Council, in refunding said existing indebtedness of said city, and for no other purpose. § 6. There shall be levied and collected taxes on all taxable property in the said city, in addition to other taxes, for a sinking fund to pay accruing interest, and to pay at maturity the prin- cipal of said bonds, for the purpose of paying the same, which tax shall be paid in cash. THE CITY OF LINCOLN. 443 § 7. This ordinance shall take effect and be in force from and after its passage, approval, and publication according to law. [Passed June 26, 1894. Approved June 27, 1894. Published in Journal June 28, 1894.] AN ORDINANCE to provide for the issuing of bonds of the city of Lincoln, Nebraska, for the purpose of refunding certain valid existing bonded indebtedness of said city, in pursuance of the authority of a vote of the people expressed at a special election held April 3, 1894. 1471. Whereas, By a vote of the people at a special elec- tion duly called and held in the city of Lincoln on the 3d day April, 1894, in pursuance of law, the Mayor and Council were empowered and authorized to borrow money, and pledge the property of said city, upon its negotiable bonds, to the amount of ninety thousand dollars, to be used for the purpose of refund- ing the outstanding bonded indebtedness of said city, and to levy a tax upon the taxable property thereof, in addition to all other taxes, sufficient to pay the interest and principal of said bonds as the same may become due; therefore, Be it ordained by the Mayor and Council of the City of Lincoln^ Nebraska. : § 1. That for the purpose of refunding the certain valid ex- isting indebtedness of said city of Lincoln, which is now due and payable, and amounting to ninety thousand dollars water bonds, third series, of the city of Lincoln, Nebraska, there be issued the negotiable bonds of said city in the sum of ninety thousand dollars, as hereinafter provided. § 2. Said bonds shall be of the denomination of five hun- dred dollars ($500) each, numbered from one (1) to one hundred and eighty (180) inclusive, dated June 1, 1894, and shall be- come due and payable as follows: $9,000 eleven years after date thereof. $9,000 twelve years after date thereof. $9,000 thirteen years after date thereof, $9,000 fourteen years after date thereof. $9,000 fifteen years after date thereof. $9,000 sixteen years after date thereof. $9,000 seventeen years after date thereof. $9,000 eighteen years after date thereof. $9,000 nineteen years after date thereof. $9,000 twenty years after date thereof. 444 SPECIAL ORDINANCES OF All of said bonds shall be redeemable at the option of the city at any time after ten years from their date. § 3. Said bonds shall be made payable to bearer, shall bear interest at the rate of four and three-fourths percent per annum trom tlieir date, payable semi-annually on the first day of Jan- uary and July tn each year, and the several installments of in- teiest -hall be evidenced by coupons attached to said bonds, and l)oth principal and interest shall be payable as they become due at the fisi al agency of the state of Nebraska in the city of New Yn.k. § 4. S» d bonds and the attached coupons shall be signed by tlic Ma • r and attested by the City Clerk of said city, and shall have affixed thereto the seal of the said city of Lincoln. § 5. The Mayor and Clerk of said city are hereby authorized and directed, so soon as practicable, to prepare and execute said bonds and coupons, and the proceeds of the same, when they shall have been sold and disposed of according to law, shall be ap[)lied, under the direction of the Mayor and Council, in re- funding said existing indebtedness of said city, and for no other purpose. § 6. There shall be levied and collected taxes on all the tax- able property in the said city, in addition to other taxes, for a sinking fund to pay accruing interest, and to pay at maturity the principal of said bonds, for the purpose of paying the same, which tax shall be paid in cash. § 7. This ordinance shall take effect and be in force from and after its passage, approval and publication according to law. [Passed June 26, 1894. Approved June 27, 1894. Pub- lished in Journal June 28, 1894.] AN ORDINANCE to provide for the issuing of bonds of the city of Lincoln, Nebraska, for the purpose of refunding certain valid existing bonded indebtedness of said city, in pursuance of the authority of a vote of the people expressed at a special election held April 3, 1894. 1472. Whereas, By a vote of the people at a special election duly called and held in the city of Lincoln on the 3d day of April, 1894, in pursuance of law, the Mayor and Council were empowered and authorized to borrow money, and pledge the property of said city, upon its negotiable bonds, to the amount of ten thousand dollars, to be used for the purpose of refunding the outstanding bonded indebtedness of said city, and to levy a tax upon the taxable property thereof, in addition to all other taxes, THE CITY OF LINCOLN. 445 sufficient to pay the interest and principal of said bonds as the same may become due; therefore, Be it ordained by the Mayor and Council of the City of Lincoln^ Nebi'aska : § 1. That for the purpose of refunding certain valid exist- ing indebtedness of said city of Lincoln, which is now due and payable, and amounting to ten thousand dollars water bonds, fourth series, of the city of Lincoln, Nebraska, tliere be issued the negotiable bonds of said city in the sum of ten thousand dollars, as hereinafter provided. § 2. Said bonds shall be of the denomination of one thousand dollars ($1,000) each, numbered consecutively from one (1) to ten (10) inclusive, dated June 1, 1894, and shall become due and payable as follows: $1,000 eleven years after date thereof. $1,000 twelve years after date thereof. $1,000 thirteen years after date thereof. $1,000 fourteen years after date thereof. $1,000 fifteen years after date thereof. $1,000 sixteen years after date thereof. $1,000 seventeen years after date thereof. $1,000 eighteen years after date thereof. $1,000 nineteen years after date thereof. $1,000 twenty years after date thereof. All of said bonds shall be redeemable at the option of the city at any time after ten years from their date. § 3. Said bonds shall be made payable to bearer, shall bear interest at the rate of four and three-fourths percent per annum from their date, payable semi-annually on the first day of Jan- uary and July in each year, and the several installments of in- terest shall be evidenced by coupons attached to said bonds, and both principal and interest shall be payable as they become due at the fiscal agency of the state of Nebraska in the city of New York. § 4. Said bonds and attached coupons shall be signed by the Mayor and attested by the City Clerk of the said city, and shall have affixed thereto the seal of the said city of Lincoln. § 5. The Mayor and Clerk of said city are hereby authorized and directed, so soon as practicable, to prepare and execute said bonds and coupons, and the proceeds of the same, when they shall have been sold and disposed of according to law, shall be 446 SPECIAL ORDINANCES OF applied, under direction of the Mayor and Council, in refund- ing said existing indebtedness of said city, and for no other pur- pose. § 6. There shall be levied and collected taxes on all taxable pro[)erty of said city, in addition to other taxes, for a sinking fund to pay accruing interest, and to pay at maturity the prin- cipal of said bonds, for the purpose of paying the same, which tax shall be paid in cash. § 7. This ordinance shall take effect and be in force from and after its passage, approval and publication according to law. [Passed June 26, 1894. Approved June 27, 1894. Pub- lished in Journal June 28, 1894.] AN ORDINANCE to provide for the issuing of bonds of the city of Lincoln, Nebraska, for the purpose of refunding certain valid outstanding bonded indebtedness of said city, in pursuance of the authoritv of a vote of the people expressed at a special election held April 3, 1894. 1473. Whereas, By a vote of the people at a special elec- tion duly called and held in the city of Lincoln on the 3d day of April, 1894, in pursuance of law, the Mayor and Council were empowered and authorized to borrow money, and pledge the property of said city, upon its negotiable bonds, to (he amount of ten thousand dollars, to be used for the pur[)ose of refunding the outstanding bonded indebtedness of said city, and to levy a tax upon all the taxable property thereof, in addition to all other taxes, sufficient to pay the interest and principal of said bonds as the same may become due; therefore, Be it ordained by the Mayor and Council of the City of Lincoln, Nebraska : § 1. That for the purpose of refunding certain valid existing indebtedness of said city of Lincoln, which is now due and pay- able, and amounting to ten thousand dollars water bonds, fifth series, of the city of Lincoln, Nebraska, there be issued the ne- gotiable bonds of said city in the sum of ten thousand dollars, as hereinafter provided. § 2. Said bonds shall be of the denomination of one thousand dollars each, numbered consecutively from one (1) to ten (10) inclusive, dated June 1, 1894, and shall become due and payable as follows: ^1,000 eleven years after date thereof. |1,000 twelve years after date thereof. THE CITY OF LINCOLN. 447 $1,000 thirteen years after date thereof. $1,000 fourteen years after date thereof. $1,000 fifteen years after date thereof. $1,000 sixteen years after date thereof. $1,000 seventeen years after date thereof. $1,000 eighteen years after date thereof. $1,000 nineteen years after date thereof. $1,000 twenty years after date thereof. All of said bonds shall be redeemable at the option of the city at any time after ten years from their date. § 3. Said bonds shall be made payable to bearer, shall bear in- terest at the rate of four and three-fourths per cent per annum from their date, payable semi-annually on the first day of Janu- ary and July in each year, and the several installments of inter- ests shall be evidenced by coupons attached to said bonds, and both principal and interest shall be payable as they become due at the fiscal agency of the state of Nebraska in the city of New York. § 4. Said bonds and attached coupons shall be signed by the Mayor and attested by the City Clerk of the said city, and shall have affixed thereto the seal of the said city of Lincoln. § 5. The Mayor and Clerk of said city are hereby authorized and directed, so soon as practicable, to prepare and execute said bonds and coupons, and the proceeds of the same, when they shall have been sold and disposed of according to law, shall be applied, under direction of the Mayor and Council, in refunding said ex- isting indebtedness of said city, and for no other purpose. § 6. There shall be levied and collected taxes on all taxable property in the said city, in addition to other taxes, for a sinking fund to pay accruing interest, and to pay at maturity the princi- pal of said bonds, for the purpose of paying the same, which tax shall be paid in cash. § 7. This ordinance shall take effect and be in force from and after its passage, approval, and publication according to law. [Passed June 26, 1894. Approved June 27, 1894. Published in Journal June 28, 1894.] 448 SPECIAL ORDINANCES OF AN ORDINANCE to provide for the issuing of bonds of the city of Lincoln, Nebraska, for the purpose of refunding certain valid existing indebtedness of said city, in g ursuauce of the authority of a vote of the people expressed at a special election eld April 3, 1891. 1474. Whereas, By a vote of the people at a special election duly called and held in the city of Lincoln on the 3d day of April, 1894, in pursuance of law, the Mayor and Council were empowered and authorized to borrow money, and pledge the property of said city, upon its negotiable bonds, to the amount of iliirteen th-disand dollars, to Ite used for the purpose of re- funding ttie ouistanding bonded indebtedness of said city, and to levy a tax updi ilie laxalile property thereof, in addition to all oiher taxes, sufficient to pay the interest and principal of said bonds as the same may become due; therefore, Be it ordained by the Mayor and Council of the City of Lincoln^ N braska : § 1. That for the purpose of refunding certain valid existing indebtedness of said city of Lincoln, which is now due and payable, and amounting to $13,000, funding bonds of the city of Lincoln, Nebraska, there be issued the negotiable bonds of said city in the sum of $13,000, as hereinafter provided. § 2. Said bonds shall be of the denomination of five hundred dollars each, numbered consecutively from one (1) to twenty-six (26) inclusive, dated June 1, 1894, and shall become due and payable as follows : $1,000 eleven years after date thereof. $1,000 twelve years after date thereof. $1,000 thirteen years after date thereof. $1,000 fourteen years after date thereof. $1,000 fifteen years after date thereof. $1,000 sixteen years after date thereof. $1,000 seventeen years after date thereof. $2,000 eighteen years after date thereof. $2,000 nineteen years after date thereof. $2,000 twenty years after date thereof. All of said bonds shall be redeemable at the option of the city at any time after ten years from their date. § 3. Said bonds shall be made payable to bearer, shall bear interest at the rate of four and three-fourths per cent per annum from their date, payable semi-annually on the first day of Jan- uary and July in each year, and the several installments of in- terest shall be evidenced by coupons attached to said bonds, and THE CITY OF LINCOLN. 449 both principal and interest shall be payable as they become due at the fiscal agency of the state of Nebraska in the city of New York. § 4. Said bonds and the attached coupons shall be signed by the Mayor and attested by the City Clerk of the said city, and shall have affixed thereto the seal of the said city of Lincoln. § 5. The Mayor and Clerk of said city are hereby authorized and directed, so soon as practicable, to prepare and execute said bonds and coupons, and the proceeds of the same, when they shall have been sold and disposed of according to law, shall be applied, under the direction of the Mayor and Council, in refund- ing said existing indebtedness of said city, and for no other pur- pose. § 6. There shall be levied and collected taxes on all taxable property in the said city, in addition to other taxes, for a sinking fund to pay accruing interest, and to pay at maturity the princi- pal of said bonds, for the purpose of paying the same, which tax shall be paid in cash. § 7. This ordinance shall take effect and be in force from and after its passage, approval, and publication according to law. [Passed June 26, 1894. Approved June 27, 1894. Pub- lished in Journal June 28, 1894.] AN ORDINANCE to provide for the issuing of bonds of the city of Lincoln, Ne- braska, for the purpose of refunding certain valid existing bonded indebtedness of said city, in pursuance of the authority of a vote of the people exi)ressed at a spe- cial election held April 3, 1894. 1475. Whereas, By a vote of the people at a special elec- tion duly called and held in the city of Lincoln on the 3d day of April, 1894, in pursuance of law, the Mayor and Council were empowered and authorized to borrow money, and pledge the property of said city, upon its negotiable bonds, to the amount of twenty-seven thousand dollars, to be used for the purpose of refunding the outstanding bonded indebtedness of said city, and to levy a tax upon the taxable property thereof, in addition to all other taxes, sufficient to pay the interest and principal of said bonds as the same may become due; therefore. Be it ordained by the Mayor and Council of the City of Lincoln^ Nebraska : § 1. That for the purpose of refunding certain valid existing indebtedness of said city of Lincoln, which is now due and pay- 450 SPECIAL ORDINANCES OF able, and amounting to twenty-seven thousand dollars funding bonds of the city of Lincoln, Nebraska, there be issued the ne- gotiable bonds of said city in the sum of twenty-seven thousand dollars, as hereinafter provided. § 2. Said bonds shall be of the denomination of one thousand dollars each, numbered from one (1) to twenty-seven (27) inclu- sive, dated June 1, 1894, and shall become due and payable as follows : $2,000 eleven years after date thereof. $2,000 twelve years after date thereof. $2,000 thirteen years after date thereof. $3,000 fourteen years after date thereof. $3,000 fifteen years after date thereof. $3,000 sixteen years after date thereof. $3,000 seventeen years after date thereof. $3,000 eighteen years after date thereof. $3,000 nineteen years after date thereof. $3,000 twenty years after date thereof. All of said bonds shall be redeemable at the option of the city at any time after ten years from their date. § 3. Said bonds shall be made payable to bearer, shall bear interest at the rate of four and three-fourths per cent per annum, payable semi-auuually on the first day of January and July in each year, and the several installments of interest shall be evi- denced by coupons attached to said bonds, and both principal and interest shall be payable as they become due at the fiscal agency of the state of Nebraska in the city of New York. § 4. Said bonds and attached coupons shall be signed by the Mayor and attested by the Clerk of said city, and shall have af- fixed thereto the seal of the said city of Lincoln. § 5. The Mayor and Clerk of said city are hereby authorized and directed, so soon as practicable, to prepare and execute said bonds and coupons, and the proceeds of the same, when they shall have been sold and disposed of according to law, shall be ap- plied, under direction of the Mayor and Council, in refunding said existing indebtedness of said city, and for no other pur- pose. § 6. There shall be levied and collected taxes on all taxable property in the said city, in addition to other taxes, for a sink- ing fund to pay accruing interest, and to pay at maturity the principal of said bonds, for the purpose of paying the same, which tax shall be paid in cash. THE CITY OF J.INCOEN. 451 § 7. This ordinance shall take effect and be in force from and after its passage, approval, and publication according to law. [Passed June 25, 1894. Approved June 27, 1894. Pub- lished in Journal tjune 28, 1894.] Article II. District Paving Bonds, Assessments and Orders. AN ORDINANCE authorizing the issuing of district paving bonds, and for the purpose of paying respectively the cost of paving the several streets and parts of streets in paving districts Nos. one, (1,) and two, (2,) in said city, exclusive of intersections, spaces opposite alleys, or between the rails of any street or other railway, or one foot beyond the outer rails of any such railway, and to legalize and validate an ordinance approved August 10, A. D. 1887, and the bonds issued in pursuance tliereof. Be it ordained by the Mayor and Council of the City of Lincoln, Nebraska : 1478. § 1. That for the purpose of paying the cost of paving the several streets and parts of streets respectively, excepting in- tersections of streets, spaces opposite alleys, or between the rails of any street or other railway, or one foot beyond the outer rails of any such railway, in the paving districts of the city of Lincoln hereafter specified, the Mayor and City Clerk of said city be, aixl hereby are authorized and directed to execute and issue the bonds of the city of Lincoln, to-wit: For the purpose of paying the aforesaid cost in paving district number one, (I,)- ninety bonds of one thousand dollars each, to be called ‘‘district pav- ing bonds of district number one, (1,)’^ and numbered respect- ively from one to ninety inclusive, said bonds to become due as follows: Ten of said bonds due June 1, 1889. Ten of said bonds due June 1, 1890. Ten of said bonds due June 1, 1891. Ten of said bonds due June 1, 1892. Ten of said bonds due June 1, 1893. Ten of said bonds due June 1, 1894. Ten of said bonds due June 1, 1895. Ten of said bonds due June 1, 1896. Ten of said bonds due June 1, 1897. And each of said bonds to have jiroper interest coupons thereto attached; and for tlie purj)ose of paying the cost of paving dis- trict number two (2) 135 bonds of oue thousand dollars each to 452 SPECIAL ORDINANCES OF be called “District Paving Bonds of District Number two, (2,)’^ and numbered respectively from one to 135 inclusive, said bonds to become due as follows: Fifteen of said bonds due June 1, 1889. Fifteen of said bonds due June 1, 1890. Fifteen of said bonds due June 1, 1891. Fifteen of said bonds due June 1, 1892. Fifteen of said bonds due June 1, 1893. Fifteen of said bonds due June 1, 1894. Fifteen of said bonds due June 1, 1895. Fifteen of said bonds due June 1, 1896. Fifteen of said bonds due June 1, 1897. And each of said bonds to have proper interest coupons thereto attached ; and all of said bonds for each of said districts to be dated August 15, 1887, and all to bear interest from the date thereof at the rate of six per cent per annum, payable annually with interest coupons attached — principal and interest payable at the fiscal agency of the state of Nebraska in the city of New York; and for the payment of said bonds, principal, and inter- est, the faith of the city of Lincoln, its property and revenues, are hereby pledged. § 2. That the special taxes and assessments to be levied on the property in each of said districts respectively, to cover said costs of paving therein, shall constitute a sinking fund for the payment respectively of said bonds and interest thereon, and said bonds shall not be sold for less than par. § 3. That the ordinance approved August 10, 1887, author- izing the issuing of district paving bonds of the city of Lincoln for paving districts number one and two and the bonds issued in pursuance thereof, be and the same are hereby declared to be a legal and valid and binding ordinance and bonds. § 4. Whereas, an emergency exists requiring the immediate operation of this ordinance: the same shall take effect upon the proclamation of the Mayor immediately upon its first publica- tion. Approved October 17, 1887. THE CITY OF LINCOLN. 453 AN ORDINANC'K inithoriziiis- the issue of district paving bonds of the city of Lincoln, for the pnr[H)sc of paying the costs of paving the several alleys and parts of alleys in paving districts numbers one (1) and two (2). 1479. § 1. That for the purpose of paying the costs of pav- ing the several alleys in paving district No. one (1) in the city of Lincoln, the Mayor and City Clerk of said city be and are hereby authorized and directed to issue and execute the bonds of the city of Lincoln, to-vvit: for the purpose of paying the costs of paving the said alleys in said paving district No. one, (1), eighteen (18) bonds of one thousand dollars each, to be called alley paving bonds of district No. one (1) and numbered respect- ively from one to eighteen inclusive, said bonds to become due as follows : Two of said bonds due January 1, 1890. Two of said bonds due January 1, 1891. Two of said bonds due January 1, 1892. Two of said bonds due January 1, 1893. Two of said bonds due January 1, 1894. Two of said bonds due January 1, 1895. Two of said bonds due January 1, 1896. Two of said bonds due January 1, 1897. Two of said bonds due January 1, 1898. And each of said bonds to have proper interest coupons at- tached thereto. And for the purpose of paying the cost of paving the several alleys in paving district No. two (2) in said city of Lincoln, twenty-two (22) bonds of one thousand ($1,000) dollars each, to be called alley paving bonds of district No. two (2) and num- bered respectively from one (1) to twenty-two (22) inclusive, said bonds to become due as follows: Two of said bonds due January 1, 1890. Two of said bonds due January 1, 1891. Two of said bonds due January 1, 1892. Two of said bonds due January 1, 1893. Two of said bonds due January 1, 1894. Three of said bonds due January 1, 1895. Three of said bonds due January 1, 1896. Th ree of said bonds due January 1, 1897. Three of said bonds due January 1, 1898. And each of said bonds shall have proper interest coupons at- tached thereto. And all of said bonds for each of said districts shall be dated 454 SPECIAL ORDINANCES OF and bear interest from November 15, 1888, at the rate of 6 per cent per annum, payable annually, principal and interest paya- ble at the fiscal agency of the state of Nebraska in the city of New York, and for the payment of said bonds, principal and interest, the property, revenue, and faith of the city of Lincoln are hereby pledged. § 2. That the special taxes and assessments to be levied on the property in each of said districts respectively, to cover said costs of paving therein, shall constitute a sinking fund for the pay- ment respectively of said bonds and interest thereon, and said bonds shall not be sold for less than par. § 3. Th is ordinance shall take effect and be in force from and after its passage, approved and published according to law. Approved November 8, 1888. Note. — This ordinance was without the enacting clause and was re-enacted before bonds were issued. See next ordinance. f AN ORDINANCE authorizing the issue of district paving bonds of the city of Lincoln, for the purpose of paying the cost of paving the several alleys and parts of alleys in paving districts numbered one (1) and two (2). Be it ordained by the Mayor and Council of the City of Lincoln^ Nebraska : 1480. § 1. That for the purpose of paying the cost of paving the several alleys in district No. one (1) in the city of Lincoln the Mayor and City Clerk of said city be and are hereby au- thorized and directed to issue and execute the bonds of the city of Lincoln, to-wit: For the purpose of paying the cost of pav- ing the said alleys in district No. one, (1,) eighteen bonds of one thousand dollars each, to be called district paving bonds of dis- trict No. one, (1,) series No. 2, and numbered respectively from one to eighteen inclusive, said bonds to become due as follows: Two of said bonds due January 1, 1890. Two of said bonds due January 1, 1891. Two of said bonds due January 1, 1892. Two of said bonds due January 1, 1893. Two of said bonds due January 1, 1894. Two of said bonds due January 1, 1895. Two of said bonds due January 1, 1896. Two of said bonds due January 1, 1897. Two of said bonds due January 1, 1898. And each of said bonds to have proper interest coupons at- tached thereto, THE CITY OF LINCOLN. 455 And for the purpose of paying the cost of paving the several alleys in paving district No. two (2) in said city of Lincoln, twenty-two bonds of one thousand (1,000) dollars each, to be called district paving bonds of district No. two, (2,) and num- bered respectively from one to twenty-two inclusive, said bonds to become due as follows: Two of said bonds due January 1, 1890. Two of said bonds due January 1, 1891. Two of said bonds due January 1, 1892. Two of said bonds due January 1, 1893. Two of said bonds due January 1, 1894. Three of said bonds due January 1, 1895. Three of said bonds due January 1, 1896. Three of said bonds due January 1, 1897. Three of said bonds dne January 1, 1898. And each of said bonds shall have proper interest coupons at- tached thereto. And all of said bonds for each of said districts shall be dated February 5, 1889, and bear interest from the date thereof at the rate of six per cent per annum, payable annually, principal and interest payable at the fiscal agency of the state of Nebraska, in the city of New York; and for the payment of said bonds, prin- cipal and interest, the property, revenue, and faith, of the city of Lincoln, are hereby pledged. § 2. That the special taxes and assessments to be levied on the property in each of said districts respectively, to cover said costs of paving therein, shall constitute a sinking fund for the repay- ment respectively of said bonds and interest thereon, and said bonds shall not be sold for less than par. § 3. Whereas an emergency exists, this ordinance shall take elfect and be in force from and after its passage, approval, and publication. Approved February 5, 1889. AN OFlDINANCE authorizing the issue of district paving bonds of the city of Lincoln for the purpose of paying respectively the cost of paving the several streets and alleys and parts of streets and alleys of paving districts numbers three, (3, ) four. (4, ) five, (5,) six, (6,) seven, (7,) and eight, (8,) in said city, exclusive of intersections and spaces opposite alleys. Be it ordained by the Mayor and Council of the City of Lincoln^ Nebraska : 1481. § 1. That for the purpose of paying the cost of paving 456 SPECIAI. OKDINANCES OF the several streets and alleys and parts of streets and alleys re- spectively, excepting intersections of streets and spaces opposite alleys, in the paving districts of the city of Jdncoln hereinafter specified, the Mayor and City Clerk of said city be and hereby are authorized and directed to execute and issue the bonds of the city of Lincoln, to-wit: For the purpose of paying the aforesaid cost in paving district number three, (3,) 67 bonds of one thou- sand dollars each, to be called “ District paving bonds of district numbered three, (3,)’^ and numbered respectively from one to sixty-seven inclusive, said bonds to become due as follows: Seven of said bonds due July 1, 1889. Seven of said bonds due July 1, 1890. Seven of said bonds due July 1, 1891. Seven of said bonds due July 1, 1892. Seven of said bonds due July 1, 1893. Eight of said bonds due July 1, 1894. Eight of said bonds due July 1, 1895. Eight of said bonds due July 1, 1896. Eight of said bonds due July 1, 1898. And each of said bonds to have proper interest coupons thereto attached. And for the purpose of paying the aforesaid cost in paving district number four, (4,) fifty-six bonds of one thousand dollars each, to be called “District paving bonds of district number four, (4,)’^ and numbered respectively from one to fifty-six in- clusive, said bonds to become due as follows : Six of said bonds due July 1, 1889. Six of said bonds due July 1, 1890. Six of said bonds due July 1, 1891. Six of said bonds due July 1, 1892. Six of said bonds due July 1, 1893. Six of said bonds due July 1, 1894. Six of said bonds due July 1, 1895. Seven of said bonds due July 1, 1896. Seven of said bonds due July 1, 1898. Each of said bonds to have proper interest coupons thereto attached. And for the purpose of paying the aforesaid cost in paving district number five, (5,) 105 bonds of one thousand dollars each, to be called “District paving bonds of district number five, (5,)'^ and numbered respectively from one to 105 inclusive, said bonds to become due as follows; THE CITY OF JHNCOLN. 457 Eleven of said bonds due July 1, 1889. Eleven of said bonds due July 1, 1890. Eleven of said bonds due July 1, 1891. Twelve of said bonds due July 1, 1892. Twelve of said bonds due July 1, 1893. Twelve of said bonds due July 1, 1894. Twelve of said bonds due July 1, 1895. Twelve of said bonds due July 1, 1896. Twelve of said bonds due July 1, 1898. Each of said bonds to have proper interest coupons attached. And for the purpose of paying the aforesaid cost in paving district number six, (6,) eighty-seven bonds of one thousand dol- lars each, to be called “District paving bonds of district number six, (6,)” and numbered respectively from one to eighty-seven inclusive, said bonds to become due as follows: Nine of said bonds due July 1, 1889. Nine of said bonds due July 1, 1890. Nine of said bonds due July 1, 1891. Ten of said bonds due July 1, 1892. Ten of said bonds due July 1, 1893. Ten of said bonds due July 1, 1894. Ten of said bonds due July 1, 1895. Ten of said bonds due July 1, 1896. Ten of said bonds due July 1, 1898. Each of said bonds to have proper interest coupons thereto at- tached. And for the purpose of paying the aforesaid cost in paving district number seven, (7,) ninety-five bonds of one thousand dol- lars each, to be called “District paving bonds of district number seven, (7,)’^ and numbered respectively from one to ninety-five inclusive, said bonds to become due as follows: Ten of said bonds due July 1, 1889. Ten of said bonds due July 1, 1890. Ten of said bonds due July 1, 1891. Ten of said bonds due July 1, 1892. Eleven of said bonds due July 1, 1893. Eleven of said bonds due July 1, 1894.’ Eleven of said bonds due July 1, 1895. Eleven of said bonds due July 1, 1896. Eleven of said bonds due July 1, 1898. Each of said bonds to have proper interest coupons thereto attached. 21 458 SPECIAL ORDINANCES OF And for tlie purpose of paying the aforesaid eost in paving distriet number eight, (8,) fifty-two bonds of one thousand dol- lars each, to be called “ District [)aving bonds of district number eight, (8,)’^and numbered respectively from one to fifty-two, in- clusive, said bonds to become due as follows: Five of said bonds due July 1, 1889. Five of said bonds due July 1, 1890. Six of said bonds due July 1, 1891. Six of said bonds due July 1, 1892. Six of said bonds due July 1, 1893. Six of said bonds due July 1, 1894. Six of said bonds due July 1, 1895. Six of said bonds due July 1, 189G. Six of said bonds due July 1, 1898. Each of said bonds to have proper interest coupons thereto attached. And all of said bonds for each of said districts to be dated July 1, 1888, and all to bear interest from the date thereof at the rate of six ])er cent per annum, payable annually, with in- terest coupons attached — principal and interest payable at the fiscal agency of the state of Nebraska, in the city of New York; and for the payment of said bonds, principal and interest, the faith of the city of Lincoln, its property, and its revenues, are hereby pledged. § 2. That the special taxes and assessments to be levied on the property in each of said districts respectively, to cover said cost of paving therein, shall constitute a sinking fund for the pay- ment respectively of said bonds and interest thereon, said bonds not to be sold for less than par. § 3. This ordinance shall take effect and be in force from and after its passage, approval, and publication according to law. Approved June 7, 1888. AN ORDINANCP] for the re-issue and extension of thirty-six thousand dollars of bonds issued July 1, 18S8, under an ordinance entitled “An ordinance authorizing the i^- sue of the district paving bonds of the city of Lincoln for the purpose of paying respectively the cost of paving the several streets and alleys and parts of streets and alleys of paving districts 4, 5, 0, and 7, in said city, exclusive of intersections and spaces opposite alleys,’’ approved June 7, 1888. 1483. Whereas, And underand by virtue of the provisions of an ordinance entitled ^^An ordinance authorizing the issue of the district jiaving bonds of the city of Lincoln for the purpose of paying respectively the eost of paving the several streets and THE CITY OF LINCOEN. 459 alleys and parts of alleys and alleys of paving districts 4, 5, 6, and 7, in said city, exclusive of intersections and sj)aces opposite alleys,’’ paving bonds were issued in the sum of $1,000.00 each, to mature July 1, 1890, for the several paving districts aforesaid as follows : Paving district number four (4), six bonds. Paving district number five (5), eleven bonds. Paving district number six (6), nine bonds. Paving district number seven (7), ten bonds. And Wherp:as, By delay of the contractor the paving was not done in time that a special assessment could be made, levied, and collected in time to meet said bonds at their maturity, and the same are about to mature without funds available for the payment thereof : now therefore. Be it ordained by the Mayor and Councilmen of the City of Lin- coln : § 1. That under the provisions of an act to incorporate cities of the first class, and regulating their duties, ])owers, govern- ment, and remedies, the city of Lincoln be and is hereby author- ized to issue thirty -six cou[)on bonds beai’ing date July 1, 1890, in denomination of one thousand dollars each, to the amount of thiiiy-six thousand dollars ($36,000.00), payable to bearer ten years after date, and redeemable at the option of the city at any time after five years from the date, for the purpose of extending $36,000.00 of district paving bonds, issued July 1, 1889, under an ordinance entitled “An ordinance authorizing the issue of the district paving bonds of the city of Lincoln for the pui-pose of paying respectively the cost of paving the several streets and alleys and parts of streets and alleys of paving districts 4, 5, 6, and 7, in said city, exclusive of intersections and spaces opposite alleys,” approved June 7, 1888. The said extended bonds shall state the purpose for which they are issued and shall bear in- terest at the rate of six per centum per annum, payable annu- ally, which interest shall be computed and evidenced by coupons to said bonds attached, each coupon calling for the amount of interest on said bond for one year, principal and interest to be payable at the fiscal agency of the state of Nebraska in the city of New York, and one of said coupons to be made payable at the expiration of each year during the said ten years, and said bonds and coupons shall be signed by the Mayor and attested by the Clerk, with the seal of said city affixed thereto. § 3. The bonds shall be a portion of the several series of 460 SPECIAL ORDINANCES 0F paving bonds of the said several districts, the number of ex- tended bonds for each of said districts to be as follows: Six of said bonds on district number four. Eleven of said bonds on district number five. Nine of said bonds on district number six. Ten of said bonds on district number seven. § 4. The s|)ecial taxes and assesinents to be levied on the prop- erty in each of said districts respectively, to cover said cost of paving therein, shall. constitute a sinking fund for the payment respectively of said bonds and interest thereon. Said bonds not to be sold for less than par. § 5. This ordinance shall take effect and be in force from and after its passage, approval, and publication according to law. Approved June 13, 1890. AN ORDINANCE to amend an ordinance providing for the re-issue and extension of thirty-six thousand dollars of bonds issued July 1, 1888, under an ordinance enti- tled “An ordinance authorizing the issue of district paving bonds of the city of Lincoln for the purpose of paying respectively the cost of paving several streets and alleys and parts of streets and alleys of paving districts 4, 5, 6, and 7, in said city- exclusive of intersections and spaces opposite alleys,” approved June 7, 1888. 1484. Whereas, And under and by virtue of the provis- ions of an ordinance entitled “An ordinance authorizing the issue of district paving bonds of tlie city of Lincoln for the purpose of paying respectively the cost of paving the several streets and alleys and parts of streets and alleys of paving dis- tricts 4, 5, 6, and 7, in said city, exclusive of intersections and spaces opposite alleys,^’ paving bonds were issued in the sum of $1,000 each to mature July 1, 1890, for the several paving dis- tricts aforesaid as follows: Paving district number four (4), six bonds. Paving district number five (5), eleven bonds. Paving district number six (6), nine bonds. Paving district number seven (7), ten bonds. And Whereas, By the delay of the contractor the paving was not done in time that a special assessment could be made, levied, and collected in time to meet said bonds at their maturity, and the same are about to mature without funds available for the payment thereof : now therefore. Be it ordained by the Mayor and Councilmen of the City of Lin- coln : § 1. That an ordinance providing for tlie re-issue and extcn- THE CITY OF LINCOLN. 461 sion of thirty-six thousand dollars of bonds issued July 1, 1888, under an ordinance entitled ^^An ordinance authorizing the issue of the district paving bonds of the city of Lincoln for the pur- pose of paying respectively the cost of paving the several streets and alleys and parts of streets and alleys of paving districts 4, 5, 6, and 7, in said city, exclusive of intersections and spaces op- posite alleys/’ approved June 7, 1888, be amended to read as follows : § 2 . That under the provisions of an act to incorporate cities of the first class, and regulating their duties, powers, govern- ment, and remedies, the city of Lincoln be and is hereby author- ized to issue thirty-six coupons bonds bearing date July 1, 1890, in denomination of one thousand dollars each, to the amount of thirty-six thousand dollars (|36,000.00), payable to bearer ten years after date, for the purpose of extending $36,000.00 of dis- trict paving bonds issued July 1, 1889, under an ordinance en- titled “An ordinance authorizing the issue of the district paving bonds of the city of Lincoln for the purpose of paying respect- ively the cost of paving the several streets and alleys and parts of streets and alleys of paving districts 4, 5, 6, and 7, in said city, exclusive of intersections and spaces opposite alleys,” ap- proved June 7, 1888. The said extended bonds shall state the purpose for which they are issued, and shall bear interest at the rate of six |)er centum per annum, payable annually, whieh in- terest shall be computed and evidenced by coupons to said bonds attached, each coupon calling for the amount of interest on said bond for one year, principal and interest to be payable at the fis- cal agency of the state of Nebraska in the city of New York, and one of said coupons to be made payable at the ex})i ration of each year during the said ten years, and said bonds and coupons shall be signed by the Mayor and attested by the Clerk, with the seal of said city affixed thereto. § 3. The bonds shall be a portion of the several series of pav- ing bonds of the said several districts, the number of extended bonds of each of said districts to be as follows: Six of said bonds on district number four. Eleven of said bonds on district number five. Nine of said bonds on district number six. Ten of said bonds on district number seven. § 4. The special taxes and assessments to be levied on the properly in each of said districts respectively, to cover said cost of paving therein, shall constitute a sinking fund for the pay- 462 SPECIAL ORDINANCES OF ment respectively of said bonds and interest thereon. Said bonds not to be sold for less than par. § 5. All ordinances or parts of ordinances in conflict with this ordinance is hereby repealed. § 6. This ordinance shall take effect and be in force from and after its passage, approval, and publication according to law. Approved June 16, 1890. AN ORDINANCE authorizing the issue of district paving bonds of the city of Lincoln for the purpose of paying the cost of paving the several streets and alleys and parts of streets and alleys in paving districts number ten (10) and fourteen (14) in said city, exclusive of intersections and spaces opposite alleys. Be it orxlained by the Mayor and Council of the City of Lincoln ^ Nebraska : 1487. §1. That for the purpose of paying the cost of paving the several streets and alleys and parts of streets and alleys re- spectively, excepting intersections of streets and spaces opposite alleys, in the paving district of the city of Lincoln hereinafter specified, the Mayor and City Clerk of said city be and hereby are authorized and directed to execute and issue the bonds of the city of Lincoln, to-wit: For the purpose of paying the afore- said cost in paving district number ten (10), nine bonds of one thousand dollars each, to be called “District paving bonds of district number ten (10),’^ and numbered respectively from one (1) to nine (9), inclusive, said bonds to become due as follows : One of said bonds due October 1, 1892. One of said bonds due October 1, 1893. One of said bonds due October 1, 1894. One of said bonds due October 1, 1895. One of said bonds due October 1, 1896. One of said bonds due October 1, 1897. One of said bonds due October 1, 1898. One of said bonds due October 1, 1899. One of said bonds due October 1, 1900. And each of said bonds to have proper interest coupons thereto attached. And for the purpose of paying the aforesaid cost in paving district number fourteen (14), twenty-four bonds of one thou- sand dollars each, and one bond of twelve hundred dollars, to be called “District paving bonds of district number fourteen (14),’’ and numbered respectively from one to twenty-five, inclusive, said bonds to become due as follows; THE CITY OF T.INCOLN. 4(jll Two bonds due October 1, 1892. Two bonds due Octv ber 1, 1893. Two bonds due October 1, 1894. Two bonds due October 1, 1895. Two bonds due October 1, 1896. Three bonds due October 1, 1897. Three bonds due October 1, 1898. Three bonds due October 1, 1899. Three bonds due October 1, 1900. And each of said bonds to liave proper interest coupons thereto attached. And all of said bonds for each of said districts to be dated October 1, 1890, and all to bear interest, from the date thereof, at the rate of six (6) per cent per annum, payable annually, with interest coupons attached, principal and interest payable at the fiscal agency of the state of Nebraska in the city of New York; and for payment of said bonds, principal and interest, the faith of the city of Lincoln, its property, and its revenues are hereby pledged. § 2. That the special taxes and assessments to be levied on the property in each of said districts respectively, to cover said cost of paving therein, shall constitute a sinking fund for the pay- ment respectively of said bonds and interest thereon, and said bonds shall not be sold for less than par. § 3. This ordinance shall take effect and be in force from and after its passage, approval, and publication according to law. Passed 22d day of September, A. D. 1890. Approved 25th day of September, A. D. 1890. AN ORDINANCE authorizing the issue of district paving bonds of the city of Lincoln for the purpose of paying the costs of paving the several alleys and parts of alleys constituting alley paving district number three (:5). 1488. § 1. That for the purpose of paying the costs of pav- ing the several alleys in alley paving district number (3), in the city of Lincoln, the Mayor and City Clerk of said city be and are hereby authorized and directed to issue and execute the bonds of the city of Lincoln, to-wit : For the purpose of paying the costs of paving the said alleys in said alley paving district number three (3), eighteen (18) bonds of one hundred dollars each, to be called “Alley paving bonds of alley paving district number three (3),^’ and numbered respectively from one to eighteen in- clusive, said bonds to become due as follows: 464 SPECIAL ORDINANCES OF Two of said bonds due January 1, 1892. Two of said bonds due January 1, 1893. Two of said bonds due January 1, 1894. Two of said bonds due January 1, 1895. Two of said bonds due January 1, 1896. Two of said bonds due January 1, 1897. Two of said bonds due January 1, 1898. Two of said bonds due January 1, 1899. Two of said bonds due January 1, 1900. And each of said bonds to have proper interest coupons at- tached tliereto. And all of said bonds for said alley paving district shall be dated and bear interest from November 1, 1890, at the rate of six (6) per cent per annum, payable annually, principal and in- terest payable at the fiscal agency of the state of Nebraska in the city of New York, and for the payment of said bonds, prin- cipal and interest, the property, revenue, and faith of the city of Lincoln are hereby pledged. § 2. That the special taxes and assessments to be levied on the ])roperty in said alley paving district, to cover said costs of paving therein, shall constitute a sinking fund for the payment respectively of said bonds and interest thereon, and said bonds shall not be sold for less than par. § 3. This ordinance shall take effect and be in force from and after its passage, approval, and publication according to law. Passed 27th day of October, 1890. Approved 28th day of October, 1890. AN ORDINANCE to amend an ordinance entitled “An ordinance authorizing the issue of district paving bonds of the city of Lincoln for the purpose of paying the costs of paving the several streets and alleys and parts of streets and alleys in paving districts numbered ten (10) and fovarteen (14), in said city, exclusive of intersec- tions and spaces opposite alleys,” approved September 25, 1890. Be it ordained by the Mayor and Council of the City of Lincoln: 1489. § 1. That an ordinance entitled ‘^An ordinance author- izing the issue of district paving bonds of the city of Lincoln, for the purpose of paying the costs of paving the several streets and alleys and parts of streets and alleys in paving districts numbered ten (10) and fourteen (14), in said city, exclusive of intersections and spaces opposite alleys,’’ approved September 25, 1890, be and hereby is amended to read as follows: That 'for the purpose of paying the cost of paving the several streets and THE CITY OF LINCOLN. 465 alleys and parts of streets and alleys respectively, excepting in- tersections of streets and spaces opposite alleys in the paving dis- tricts of the city of Lincoln hereinafter specified, the Mayor and City Clerk of said city, be and hereby are authorized and di- rected to execute and issue the bonds of the city of Lincoln, to- wit : For the purpose of paying the aforesaid cost in paving district number ten (10), nine bonds of one thousand dollars each, to be called ‘^District paving bonds of district number ten (10),^’ and numbered respectively from one (1) to nine (9), in- clusive, said bonds to become due as follows : One of said bonds due October 1, 1892. One of said bonds due October 1, 1893. One of said bonds due October 1, 1894. One of said bonds due October 1, 1895. One of said bonds due October 1, 1896. One of said bonds due October 1, 1897. One of said bonds due October 1, 1898. One of said bonds due October 1, 1899. One of said bonds due October 1, 1900. And each of said bonds to have proper interest coupons thereto attached. And for the purpose of paying the aforesaid cost in paving district number fourteen (14), twenty-four bonds of one thou- sand dollars each, and one bond of twelve hundred dollars, to be called ‘‘District paving bonds of district number fourteen (14),^^ and numbered respectively from one to twenty-five, in- clusive, said bonds to become due as follows: Two bonds due October 1, 1892. Two bonds due October 1, 1893. Three bonds due October 1, 1894. Three bonds due October 1, 1895. Three bonds due October 1, 1896. Three bonds due October 1, 1897. Three bonds due October 1, 1898. Three bonds due October 1, 1899. Three bonds due October 1, 1900. And each of said bonds to have proper interest coupons thereto attached. And all of said bonds for each of said districts to be dated November 1, 1890, and all to bear interest from the date thereof, at the rate of six (6) per cent per annum, payable annually, with interest coupons attached, principal and interest payable at the 4G6 SPECIAL ORDINANCES OF riscdl agency of the state of Nebraska in the city of New York ; and for payment of said bonds, princi})al and interest, the faith of the city ot Lincoln, its property, and its revenues are hereby pledged. § 2. That the special taxes and assessments to be levied on the property in eacli of said districts respectively, to cover said cost of paving therein, shall constitute a sinking fund for the })ayment respectively of said bonds and interest thereon, and said bonds shall not be sold for less than par. § 3. That all ordinances or parts of ordinances in conflict with this ordinance are hereby repealed. § 4. This ordinance shall take effect and be in force from and after its passage, approval, and publication according to law. Passed 27th day of October, A. D. 1890. Approved 28th day of October, A. D. 1890. AN ORDINANCE authorizing the issue of district paving bonds of the city of Lincoln for the purpose of paying the costs of paving the several streets and alleys in paving district number nine (9), in said city, exclusive of intersections and spaces opposite alleys. Be it ordained by the Mayor and Council of the City of Lincoln: 1490. § 1. That for the purpose of paying the cost of paving the several streets and alleys and parts of streets and alleys re- spectively, excepting intersections of streets and spaces opposite alleys, in the paving district of the city of Lincoln hereinafter specified, the Mayor and City Clerk of the city of Lincoln be and are hereby authorized and directed to issue the bonds of the city of Lincoln, to-wit: For the purpose of paying the afore- said cost in paving district number nine (9), thirty bonds of one thousand dollars each, to be called ^‘District paving bonds of district number nine (9),^^ and numbered, respectively, from one (1) to thirty (30), inclusive, said bonds to become due as follows: Three of said bonds due October 1, 1892. Three of said bonds due October 1, 1893. Three of said bonds due October 1, 1894. Three of said bonds due October 1, 1895. Three of said bonds due October 1, 1896. Tliree of said bonds due October 1, 1897. Three of said bonds due October 1, 1898. Three of said bonds due October 1, 1899. Three of said bonds due October 1, 1900. Three of said bonds due October 1, 1901. THK CITY OF LINCOI.N. 467 And each of said bonds to have pro{)er interest coupons thereto attached. And all of said bonds to be dated January 1, 1891, and all to bear interest, from the date thereof, at the rate of six (G) per cent per annum, payable annually, principal and interest payable at the fiscal agency of the state of Nebraska in the city of New York; and for payment of said bonds, principal and interest, the faith of the city of Lincoln, its property, and its revenues are hereby pledged. § 2. That the special taxes and assessments to be levied on the property in said district, to cover said cost of paving therein, shall constitute a sinking fund for the payment respectively of said bonds and interest thereon, and said bonds shall not be sold for less than par. § 3. This ordinance shall take effect and be in force from and after its passage, approval, and publication according to law. Passed 10th day of November, 1890. Approved 14th day of November, 1890. AN ORDINANCE to repeal an ordinance entitled “An ordinance to amend an ordinance entitled ‘An ordinance anthorizing the issue of district ])aving bonds of the city of Lincoln for the purpose of paying the costs of leaving the several streets and alleys in paving districts numbered ten (10) and tourteen (14), in said city, exclusive of intersections and spaces opposite alleys,’ ’’ approved October 28, 1890.' Be it ordained by the Mayor and Council of the City of Lincoln : 1491. § 1. That an ordinance entitled ‘‘An ordinance to amend an ordinance entitled ^An ordinance authorizing the issue of district paving bonds of the city of Lincoln for the purpose of paying the costs of paving the several streets and alleys in pav- ing districts ten (10) and fourteen (14) in said city, exclusive of intersections and spaces opposite of alleys,”^ approved October 28, 1890, be and the same is hereby repealed. § 2. This ordinance shall take effect and be in force from and after its passage, approval, and publication according to law. Passed November 10, 1890. Approved November 14, 1890. 468 SPECIAL ORDINANCES OF AN ORDINANCE for the re-issue of thirty-six bonds of one thousand dollars each, issued July 1, 1888, under an ordinance entitled “An ordinance authorizing the issue of dis- trict paving bonds of the city of Lincoln for the pur[)Ose of paying the cost of jiaving the several streets and alleys and parts of streets and alleys in paving districts num- bers three (8), four (4), five (5), six (G), seven (7), and eight (8), in said city, exclu- sive of intersections and spaces opposite alleys,” approved June 7, 1888, and to repeal an ordinance entitled “An ordinance for the re-issue and extension of thirty-six thousand dollars of bonds issued July 1, 1888, under an ordinance entitled ‘An or- dinance authorizing the issue of district paving bonds of the city of Lincoln for the purpose of paying the cost of paving the several streets and alleys and parts of streets and alleys of paving districts 4, 5, G, and 7, in said city, exclusive of intersections and spaces opposite alleys,’ approved June 7, 1888,” approved June 13, 189U, and to repeal another ordinance entitled “An ordinance to amend an ordinance providing for the re-issue and extension of thirty-six thousand dollars of bonds issued July 1, 1888, under an ordinance entitled ‘An ordinance authorizing the issue of district paving bonds of the city of Lincoln for the purpose of paying respectively the cost of pav- ing several streets and alleys and parts of streets and alleys of paving districts 4, 5, G, and 7, in said city, exclusive of intersections and spaces opposite alleys,’ approved June 7, 1888,” approved June 16, 1890. 1492. Whereas, Under and by virtue of the provisions of an ordinance entitled ‘^An ordinance authorizing the issue of dis- trict paving bonds of the city of Lincoln for the purpose of pay- ing the cost of paving the several streets and alleys and parts of streets and alleys in paving districts numbers three (3), four (4), five (5), six (6), seven (7), and eight (8), in said city, exclusive of intersections and spaces opposite alleys,’^ approved June 7, 1888, paving bonds were issued for the sum of one thousand dollars each, to mature July 1, 1890, as follows: For paving district number four (4), six bonds. For paving district number five (5), eleven bonds. For paving district number six (6), nine bonds. For paving district number seven (7), ten bonds. And Whereas, By reason of delay of the contractor in com- pleting the contract for such paving, said bonds last named to the amount of thirty-six thousand dollars matured before the city was able to levy a tax for payment thereof; and Whereas, Under an ordinance entitled ‘’An ordinance for the re-issue and extension of thirty-six thousand dollars of bonds issued July 1, 1888, under an ordinance entitled ^An ordinance authorizing the issue of the district paving bonds of the city of Lincoln for the purpose of paying respectively the cost of pav- ing the several streets and alleys and parts of streets and alleys of paving districts 4, 5, 6, and 7, in said city, exclusive of in- tersections and spaces opposite alleys,’ approved June 7, 1888,” approved June 13, 1890, and an ordinance entitled ‘^An ordi- nance to amend an ordinance providing for the re-issue and ex- tension of thirty-six thousand dollars of bonds issued July 1, 1888, under an ordinance entitled ^An ordinance authorizing the issue of district paving bonds of the city of Lincoln for the pur- THE CITY OF LINCOLN. 4G9 j)ose of paying respectively the cost of paving several streets and alleys and [)arts of streets and alleys of paving districts 4, 5, 6, and 7, in said city, exclusive of interrections and spaces opposite alleys,’ approved June 7, 1888,” approved June 16, 1890, the Mayor and City Council of the city of Lincoln issued thirty-six l)i)n(ls of one thousand dollars each, dated July 1, A. D. 1890, to mature July 1, A. D. 1900, for the purpose of replacing and redeeming tlie thirty-six bonds above described maturing July 1, 1890, which re-issued bonds were offered to the holders of said maturing bonds in lieu of payment of said maturing bonds, according to the terms thereof; and Whereas, The regularity, validity, and legality of said re- issued bonds was questioned by said holders, and said bonds were only accepted by said holders with the provision that the issue should be either legalized by act of the legislature, or new bonds should be issued as a substitute therefor, under legislation to be procured therefor, therefore Be it oi'ilained by the Mayor and Council of the City of Lincoln : § 1. That under the provisions of an act of the legislature of Nebraska entitled ‘‘An act to incorporate cities of the first class and regulating their duties, powers, government, and remedies,” approved March 29, A. D. 1889, and amendments thereof, the city of Lincoln be and hereby is authorized to issue thirty-six coupon bonds bearing date July 1, 1890, in denominations of one thousand dollars each, to the total amount of thirty-six thousand dollars ($36,000.00), each bond payable to bearer ten years after date, for the purpose of redeeming thirty-six thousand dollars ($36,000.00) of district paving bonds dated July 1, 1888, and issued under an ordinance entitled “An ordinance authorizing the issue of district paving bonds of the city of Lincoln for the purpose of paying the cost of paving the several streets and alleys and parts of streets and alleys in paving districts numbers three (3), four (4), five (5), six (6), seven (7), and eight (8), in said city, exclusive of intersections and spaces opposite alleys,” approved June 7, 1888. The bonds issued under this ordinance shall state the purpose for which they are issued and shall bear interest at the rate of six (6) per centum per annum, payable annually on July 1st, which interest shall be evidenced by cou- pons to said bonds attached, each coupon calling for the amount of interest on said bond for one year, principal and interest to be payable at the fiscal agency of the state of Nebraska in the city of New York, and one coupon of each of said bonds to be made 470 SPECIAL ORDINANCES OE payable at the expiration of eacli year during the said ten years, and said bonds and coupons shall be signed by the Mayor and by the City Clerk, and the seal of the said city shall be affixed to each of said bonds. § 2. The bonds shall be a portion of the several series of pav- ing bonds of the several districts numbered four (4), five (5), six (6), and seven (7), the number of bonds re-issued for each of said districts to be as follows; For paving district number four (4), six (6) bonds. For paving district number five (5), eleven (11) bonds. For paving district number six (6), nine (9) bonds. For paving district nuinber seven (7), ten (10) bonds. § 3. The special taxes and assessments to be levied on the property in each of said districts respectively to cover said cost of paving therein, shall constitute a sinking fund for the pay- ment respectively of the bonds issued hereunder and interest thereon, said bonds not to be sold for less than par. § 4. The ordinances herein referred to, approved June 13, 1890, and June 16, 1890, are hereby repealed. § 5. The bonds issued under this ordinance shall be delivered to the holders of the bonds which they are intended to redeem and for which they are to be substituted, upon the surrender of such bonds of said previous issues, being the said thirty-six thousand dollars (^36,000.00) issued under the said ordinances ap- proved June 7, 1888, and the said thirty-six thousand dollars ($36,000.00) under the said ordinances approved June 13 and Junel6, 1890, in Boston, Massachusetts, or at such other place as may be mutually satisfactory. § 6. Th is ordinance shall take effect and be in force from and after its passage, approval, and publication according to law. [Passed May 26, 1891. Approved May 28, 1891.] AN ORDINANCE to amend sections 1, 2, 3, and 1, of an ordinance entitled “An ordi- nance for the re-issue and extension of $61,000.00 worth of bonds issued July 1, 1888, under an ordinance entitled ‘An ordinance authorizing the issue of the district paving bonds of the city of Lincoln for the purpo.se of paying respectively that cost of paving the several streets and alleys and parts of streets and alleys of paving- districts numbers 3, 4, 5, 6, 7, and 8, in said city, exclusive of intersections and spaces opposite alleys,’ approved June 7, 1888,” approved May 28, 1891, and to repeal said original sections. 1493. Whereas, And under and by virtue of the provisions of an ordinance entitled ‘^An ordinance authorizing the issue of the district paving bonds of the city of Lincoln for the purpose of paying respectively the cost of paving the several streets and THE CITY OF LINCOLN. 471 alleys and parts of streets and alleys of paving districts num- bers 3, 4, 5, 6, 7, and 8, in said city, exclusive of intersections and s})aces opposite alleys/^ paving bonds were issued in the sum of one thousand dollars ($1,000.00) each, to mature July 1, 1889. July 1, 1890, and July 1, 1891, for the several paving districts aforesaid, among others as follows: Paving district number three (3), one of bonds maturing July 1, 1889. Paving district number three (3), two bonds maturing July 1, 1890. Paving district number three (3), seven bonds maturing July 1, 1891. Paving district number four (4), two bonds maturing July 1, 1889. Paving district number four (4), six bonds maturing July 1, 1891. Paving district number five (5), five bonds maturing July 1, 1889. Paving district number five (5), eleven bonds maturing July 1, 1891. Paving district number six (6), one bond maturing July 1, 1889. Paving district number six (6), nine bonds maturing July 1, 1891. Paving district number seven (7), seven bonds maturing July 1, 1889. Paving district number seven (7), ten bonds maturing Julv 1, 1891. And Whereas, By delay of the contractor the paving in said several districts was not done in time and that a special assess- ment could be made, levied, and collected in time to meet said bonds or any of them at their maturity, and the same have partly matured and others are about to mature without funds available for the payment thereof: now therefore. Be it ordained by the Mayor and Council of the City of Lincoln, Nebraska : § 1. That section one of an ordinance entitled ‘^An ordinance for the re-issue and extension of $61,000.00 worth of bonds, issued July 1, 1888, under an ordinance entitled ^An ordinance authorizing the issue of the district paving bonds of the city of Lincoln for the purposeof paying respectively that cost of paving the several streets and alleys and parts of streets and alleys of 472 SPECIAL ORDINANCES OF paving districts numbers three, four, five, six, seven, and eight, in said city, exclusive of intersections and spaces opposite alleys,’ approved June 7, 1888,” approved May 28, 1891, be amended to read as follows : ‘‘§ 1. That under the provisions of an act to amend sections 1, 10, 12, 13, 14, 17, 25, 26, 27, 42, 46, 49, 52, subdivisions 3, 6, and 31 of section 67, and sections 69, 81, 84, 87, and 91, of an act entitled ^‘An act to incorporate cities of the first class and regulating their duties, powers, government, and remedies, ap- proved March 29, 1889, and to repeal said original sections and subdivisions,” approved April 9, 1891, the city of Lincoln be and is hereby authorized to issue sixty-one (61) coupon bonds, bearing date of July 1, 1891, in denomination of one thousand dollars each, to the amount of sixty-one thousand (61,000) dol- lars, payable to bearer ten years after date and redeemable at the option of the city at any time after ten years from date, for the purpose of re-issuing sixty-one thousand (61,000) dollars of dis- trict paving bonds, issued July 1, 1888, under an ordinance en- titled ^^An ordinance authorizing the issue of the district paving bonds of the city of Lincoln for the purpose of paying respect- ively the costs of paving the several streets and alleys and parts of streets and alleys of paving districts numbers 3, 4, 5, 6, 7, and 8, in said city, exclusive of intersections and spaces opposite alleys,” approved June 7, 1888, and for the purpose of re-issuing for the purpose of extending forty-three thousand (43,000) dol- lars worth of district paving bonds, issued July 1, 1888, under the last above described ordinance of said city, approved June 7, 1888, and for the purpose of paving the several streets and alleys in said paving districts number three, four, five, six, and seven; that said bonds so re-issued and extended shall state the purpose for which they are issued and shall bear interest at the rate of six per cent per annum, payable annually, which interest shall be computed and evidenced by coupons to said bonds attached, each coupon calling for the amount of interest on said bond for one year, principal and interest to be payable at the fiscal agency of the state of Nebraska in the city of New York, and one of said coupons to be made payable at the expiration of each year during the said ten years, and said bonds and coupons shall be signed by the Mayor and attested by the Clerk, with the seal of the said city affixed thereto.” § 2. That section two of said ordinance be amended to read as follows: Tin: CITY OF I.INCOI.N. 473 2. The bonds shall be a portion ol’ the several series of paving bonds of the said several districts, the number of bonds re-issued for each of said districts maturing July 1, 1891, to be as follows: ‘‘Seven (7) of said bonds on district number th i-ee (3). “Six (6) of said bonds on district number four (4). “Eleven of said bonds on district number five (5). “Nine (9) of said bonds on district number six (6). “Ten of said bonds on district number seven (7). “And the number of bonds so re-issued for each of said districts maturing on July 1, 1891, and prior years to be as follows : “Ten (10) bonds on district number three (3). “Eight (8) bonds on district number four (4). “Sixteen (16) bonds on district number five (5). “Ten (10) bonds on district number six (6). “Seventeen bonds on district number seven (7.)’’ § 3. That section three of said ordinance be amended to read as follows: “ § 3. The special taxes and assessments levied and to be levied on the property in each of said districts respectively, to cover the cost of paving therein, shall constitute a sinking fund for the payment respectively of said bonds so re-issued and extended to- gether with the interest thereon, and said bonds are not to be sold for less than par2^ § 4. That sections one, two, three, and four, as now existing, be and the same are hereby repealed, and this ordinance shall be in force and take effect from and after its passage, approval, and publication according to law. [Passed June 16, 1891. Approved June 16, 1891.] 474 SPECIAL ORDINANCES OF AN ORDINANCE to amend section one of an ordinance entitled “An ordinance for the re-issne of thirty-six bonds of one thousand dollars each, issued July 1, 1888, under an ordinance entitled ‘An ordinance authorizing the issue of district paving bonds of the city of Lincoln for the purpose of paying the cost of paving the several streets and alleys and ])arts of streets and alleys in paving nrpose of paying tlie cost of grading, curbing, and paving the several streets and alleys in paving district number ('.)) nine in said city, exclusive of in- tescctions and spaces opposite alleys. Be it ordained by the Mayor and Council of the City of Lincoln^ Nebraska : 1495. § 1. That, Whereas, on the 4th day of May, 1888, the Council of the city of Lincoln, Nebraska, by ordinance created 476 SPECIAL ORDINANCES OF paving district number (9) nine, and afterwards by ordinance approved March 11, 1890, said Council amended the original ordinance and changed the boundaries of said district, and by ordinance approved July 9, 1890, said Council again amended the boundaries of said district, and by said last ordinance formed such })aving district number (9) nine so as to ihclude all that territory within the corporate limits of the said city of Lincoln, Nebraska, lying on that part of 27th street in said city, from the south line of O street to the south side of Y street and the prop- erty on both sides of said part of said 27th street to the depth of 150 feet, and thereafter a majority of the owners of prop- erty owning a majority of the front feet of property so abutting upon said part of 27th street, in said paving district, petitioned the City Council to have said district paved with two courses of brick on sand, which petition was considered and the prayer thereof granted, and the said Council by ordinance approved July 10, 1890, and after an estimate of said work had been made, ordered said work done as prayed for in the petition of said prop- erty owners, and thereafter such work was advertised for, to be done by the best and lowest bidder, and thereafter the contract for such work was let by said Council to John A. Buckstaff as the best and lowest bidder, and such work is now being done, and there are no funds or money to pay for the same except it be raised by issuing district paving bonds, as authorized by statute of tlie state of Nebraska: § 2. Now, therefore, and for the purpose of paying the costs of grading, curbing, and paving the several streets and alleys and parts of streets and alleys respectively, excepting intersec- tions of streets and spaces opposite alleys in the paving district of the city of Lincoln hereinafter specified, the Mayor and City Clerk of the city of Lincoln be and are hereby authorized and directed to issue the bonds of the city of Lincoln, lo-wit: For the purpose of paying the aforesaid cost in paving district num- ber (9) nine, thirty bonds of one thousand dollars each, to be called ^‘District paving bonds of district number (9) nine,’^ and numbered respectively from (1) one to thirty (30), inclusive, said bonds to become due as follows: Three of said bonds due September 1, 1892. Three of said bonds due September 1, 1893. Three of said bonds due September 1, 1894. Three of said bonds due September 1, 1895. Three of said bonds due September 1, 1896. THE CITY OF LINCOLN. 477 Three of said bonds due September 1, 1897. Tiiree of said bonds due September 1, 1898. Three of said bonds due September 1, 1899. Three of said bonds due September 1, 1900. Th ree of said bonds due September 1, 1901. And each of said bonds to have pro|)er interest coupons thereto attached, and all of said bonds to be dated September 1, 1891, and all to bear interest from the date thereof at the rate of six (6) per cent per annum, payable annually, principal and in- terest payable at the fiscal agency of the state of Nebraska in the city of New York ; and for payment of said bonds, principal and interest, the faith of the city of Lincoln, its property, and its revenues are hereby pledged. § 3. That the special taxes and assessments to be levied on the property in said district, to cover said cost of grading, curbing, and paving therein, shall constitute a sinking fund for the pay- ment res|)ectively of said bonds and interest thereon, and said bonds shall not be sold for less than ])ar, and all ordinances in- consistent herewith are hereby repealed. § 4. This ordinance shall take effect and be in force from and after its passage, approval, and publication according to law. [Passed August 4, 1891. Approved August 5, 1891.] AN ORDINANCE authorizing the issue of district paving bonds of the city of Lincoln, Nebraska, for the purpose of paying respectively the cost of grading, curbing, and paving the several streets and alleys and parts of streets and alleys of paving dis- trict number fifteen (If)), in said city, exclusive of intersections and spaces oppo- site alleys, and by special taxes and assessments to create a sinking fund for the payment of said bonds and interest. Be it ordained by the Mayor and Council of the City of Lincoln^ Nebraska : 1496. § 1. That, Whereas, heretofore, aud ou the 27th day of May, 1890, the Council of the city of Lincoln, Nebraska, at a regular session created paving district number fifteen (15), including all that territory within the corporate limits of the city of Lincoln, Nebraska, lying and being on both sides of R street from the west side of 17th street to the west side of 27th street, in said city of Lincoln, Nebraska, to the depth of 150 feet; and Whereas, The majority of the front feet of the property owners in said district, by a petition duly presented and approved by the Mayor and Council of said city, on the 27th day of May, 1890, petitioned said Council for the grading, curbing, and 'pav- ing ol said district for two courses of brick on sand, and there- 478 SPECIAL ORDINANCES OF after the said Mayor and Council by ordinance approved on the 27th day of May, 1890, ordered said work, to-wit, the grading, urbing, and paving in said district number fifteen (15), to be done in accordance with the petition of said property holders, and thereafter the said work was properly advertised for and a contract for such work let to John A. Buckstaff, who being the best and lowest bidder for the same ; and Whereas, Said vvork is now under process and is being done, and there being no funds to pay for the same except such funds be raised and procured by the issuing of district paving bonds as authorized and provided for by the statutory laws of the state of Nebraska : § 2. Now, therefore, and for the purpose of paying the cost of grading, curbing, and paving the several streets and alleys and parts of streets and alleys respectively, excepting intersections of streets and spaces opposite alleys, in paving district number fif- teen (15), in said city of Lincoln, Nebraska, the Mayor and City Clerk of said city be and are hereby authorized and directed to execute and issue the bonds of the city of Lincoln, to-wit, for the purpose of paying the aforesaid cost in paving district num- ber fifteen (15), thirty-three (33) bonds of one thousand dollars each, to be called ^‘District paving bonds of district number fif- teen (15),’^ and numbered respectively from one to thirty-three, inclusive, said bonds to become due as follows: Three of said bonds due September 1, 1892. Three of said bonds due September 1, 1893. Three of said bonds due September 1, 1894. Three of said bonds due September 1, 1895. Three of said bonds due September 1, 1896. Three of said bonds due September 1, 1897. Three of said bonds due September 1, 1898. Four of said bonds due September 1, 1899. Four of said bonds due September 1, 1900. Four of said bonds due September 1, 1901. Each of said bonds to have proper interest coupons thereto attached, and all of said bonds to be dated September 1, 1891, all to bear interest from the date thereof at the rate of six per cent per annum, payable annually, with interest coupons attached, principal and interest })ayable at the fiscal agency of the state of Nebraska in the city of New York; and for the payment of said bonds, principal and interest, the faith of the city of Lincoln, its proj)erty, and its revenues are hereby pledged, THE CITY OF LINCOEN. 479 § 3. That tlie special taxes and assessments to be levied on the property in said district to cover said cost of paving therein, shall constitute a sinking fund for the payment i-especti vely of said bonds and interest thereon, said bonds not to be sold for less than par. § 4. This ordinance shall take effect and be in force from and after its passage, apj)r()val, and publication according to law. [Passed July 28, 1891. Approved July 30, 1891.] AN ORDINANCE authorizing the issue of district paying bonds of the city of Lincoln. Nebraska, for the purpose of paying respectively the cost of grading, curbing, and paving the several streets and alleys and parts of streets and alleys of paving dis- trict number thirteen (13), in said city, exclusive of intersections and spaces oppo- site alleys, and by special taxes and assessments to create a sinking fund for the payment of said bonds and interest. Be it 07 'dained by the Mayoi' and Council of the City of Lincoln^ Nehy^aska : 1497. § 1. That, Whereas, heretofore aud on the 28lh day of March, 1890, the Council of the city of Lincoln, Nebraska, at a regular session creating ]iaving district number thirteen (13), including all of that territory within the corporate limits of the city of Lincoln, Nebraska, all of 16th street in said city from north line to O to the north line of Q, and all the estate on both sides of said 16th street to the depth of 160 feet. Whereas, The majority of the front feet of the property owners in said district, by a petition duly presented and ap- proved by the Mayor and Council of said city on the 10th day of May, 1890, petitioned said Council for the grading, paving, and curbing of said district for two courses of brick on sand, and thereafter the said Mayor and Council, by ordinance approved 28th day of July, 1891, ordered said work, to-wit, the grading, curbing, and paving in said district number thirteen (13), to be done in accordance with the petition of said property holders, and thereafter said work was properly advertised for, and the contract for such work let to John A. Buckstaff, who being the best and lowest bidder for the same; and Whereas, Said work is now under process and is being done, and there being no funds to pay for the same excej)t such funds be raised and procured by issuing district paving bonds as au- thorized and provided for by the statutory laws of the state of Nebraska: § 2. Now, therefore, and for the purfiose of paying the cost of grading, curbing, and paving the several streets and alleys and 480 SPECIAL ORDINANCES OF parts of streets aud alleys respectively, excepting intersections of streets and spaces opposite alleys, in the paving district of the city of Lincoln, Nebraska, hereinafter specified, the Mayor and City Clerk of said city be and are hereby authorized and directed to execute and issue the bonds of the city of Lincoln, Nebraska, to- wit, for the purpose of paying the aforesaid cost in paving dis- trict number thirteen (13), ten (10) bonds of seven hundred (1700.00) dollars each, to be called “District paving bonds of district number thirteen (13),^^ and numbered respectively from one to ten (10), inclusive, said bonds to becomedueas follows: One of said bonds due September 1, 1892. One of said bonds due September 1, 1893. One of said bonds due September 1, 1894. One of said bonds due September 1, 1895. One of said bonds due September 1, 1896. One of said bonds due September 1, 1897. One of said bonds due September 1, 1898. One of said bonds due September 1, 1899. One of said bonds due September 1, 1900. One of said bonds due September 1, 1901. Each of said bonds to have proper interest coupons thereto at- tached, and alt of said bonds for said district to be dated Sep- tember 1, 1891, and all to bear interest from the date thereof at the rate of six per cent per annum, ])ayable annually, with inter- est coupons attached, principal and interest payable at the fiscal agency of the state of Nebraska in the city of New York; and for the payment of saiproved November 2, 1891. Published in Laborer November 7, 1891.] AN ORDINANCE authorizing the issuing of twelve bonds to provide for the payment of the paving in paving district No. 1, in the city of Lincoln, Lancaster county, Nebraska, and for the purpose of providing for the payment of such bonds and the interest thereon, and to raise a tax for the payment of such bonds and interest. Be it ordained by the Mayor and City Council of the City of Lin- coln, Nebraska: 1501. § 1. Whereas, On the 9th day of April, 1887, the City Council, by ordinance duly approved on said date, created paving district No. 1 in said city of Lincoln; and Whereas, Said ordinance was amended by an ordinance ap- proved June 6th, 1887, and thereafter the property owners in said paving district, so created, duly petitioned the City Council for paving the said district, and said petition being properly con- sidered was granted, and such paving was ordered by ordinance duly approved on the 19th day of April, 1887, and the contract of such work let, and the work performed, and the paving in said district has been completed; and. Whereas, The actual cost of paving in such district, as as- THK CITY OF LINCOLN. 489 sessed against the property, amounts in an aggregate to $101,- 312.91; and. Whereas, Bonds were issued for paying for the paving of this district in the sum of $90,000.00 by an ordinance duly ap- proved August 10th, 1887, and on October 7th, 1887, and it therefore ap[)ears, and is a fact, that the cost of the paving in said district exceeds the amount of bonds issued for such work in the sum of $11,312.91. § 2. That for the purpose of paying for the cost of paving the several streets and alleys in paving district No. 1, in the city of Lincoln, Nebraska, the Mayor and City Clerk of said city, be and they are hereby authorized and diiected to issue and execute the bonds of the city of Lincoln, Nebraska, to-wit: for the pur- pose of paying the cost of paving in said district No. 1, twelve bonds, eleven of which shall be of the denomination of one thousand dollars each, and one bond for the sum of $312.91, which bonds shall be known as ‘‘District paving bonds of paving district No. 1,’^ and shall be numbered respectively from ninety- one to one hundred two inclusive, and shall become due on the Isfday of June, 1902, and each of said bonds shall have proper interest coupons attached thereto. § 3. And all and each of said bonds shall be dated and bear interest from the 1st day of June, 1892, at the rate of six per cent per annum, payable annually, principal and interest payable at the fiscal agency of the state of Nebraska in the city of New York, and for the payment of said bonds, principal and interest, the property, revenue, and faith of the city of Lincoln are hereby pledged. § 4. That a s})ecial tax and assessment, levied on the property in said district, to cover said cost of paving therein, shall consti- tute a sinking fund for the payment respectively of said bonds and interest thereon, and said bonds shall not be sold for less than par. § 5. And this ordinanre shall take effect and be in force from and after its passage, approval, and publication according to law. [Passed May 17, 1892. Approved May 20, 1892.] 490 SPECIAL ORDINANCES OF AN ORDINANCE authorizing llie issue of district paving bonds lor the city of Lincoln for the purpose of paying the costs of grading, curbing, and i)aving tlie several streets and alleys in paving district No. 12 of said city, exclusive of intersections and spaces opi)osite alleys. Be it ordained by the Mayor and City C 'ouneil of the City of Lin- coln : 1503. §1. Whereas, Oil tiie tlie 21st (lay of' Jamiary, 1890, the said Council of the city of Lincoln, Nebraska, by ordinance, created pavdng district No. 12, and afterwards, by ordinance ap- proved December 31st, 1890, said Council amended the original ordinance and changed the boundaries of said district, and by said last ordinance formed said paving district No. 12 so as to include all that territory within the corporate limits of the said city of Lincoln, to-wit: All that part of Seventeenth street in said city from the south line of L street to the north line of South street, and the property on both sides of that part of Seventeenth street to the depth of one hundred and fifty feet, and thereafter the owners of lots or lands abutting upon the streets within said paving district representing more than three-fifflis of all front feet thereon petitioned the said Council to have said district ])aved with two courses of brick on sand, which petition was considered and the prayer thereof granted, and the City Council, by resolution approved February 2, 1891, and after an estimate of said woA'k had been made, ordered said work done as prayed for in the petition of said property owners, and thereafter such work was advertised for, to be done by the best and lowest bid- der, and the contract for such work was let by said Council to John A. Buckstaff as the best and lowest bidder, and said work is now being done, and there is no funds or money to pay for the same, except it be raised by issuing paving bonds as author- ized by the statutes of Nebraska : § 2. Now, therefore, and for the [lurpose of paying the costs of grading, curbing, and paving the several streets in said dis- trict, excepting intersections of streets and spaces opposite alleys in the said paving district, the Mayor and City Clerk of the city of Lincoln be and are hereby authorized and directed to issue the bonds of the city of Lincoln, to-wit: For the purpose of paying the aforesaid costs in paving district No. 12, sixty bonds of nine hundred dollars each, to be called ^‘District paving bonds of district No. 12,^^ and numbered respectively from one to sixty, inclusive, said bonds to become due as follows: Six of said bonds due October 1st, 1893. Six of said bonds due October 1st, 1894. THi: CITY OF ITNCOLN. 491 Six of said bonds due October 1st, 1895. Six of said bonds dne October 1st, 1896. Six of said bonds dne October 1st, 1897. Six of said bonds due October 1st, 1898. Six of said bonds due October 1st, 1899. Six of said bonds due October 1st, 1900. Six of said bonds due October 1st, 1901. Six of said bonds due October 1st, 1902. And each of said bonds to have proper interest coupons thereto attaclied. And all interest bonds to be dated October 1st, 1892, and shall bear interest from the date of delivery thereof, at the rate of six per cent per annum, payable annually, principal and interest payable at the fiscal agency of the state of Nebraska, in the city of New York; and for the payment of said bonds, prin- cipal and interest, the faith of the city of Lincoln, its property, and revenues are hereby pledged. § 3. That the special taxes and assessments to be levied on said property in said district to cover said cost of grading, curbing, and paving therein shall constitute a sinking fund for the pay- ment respectively of all said bonds and interest thereon. § 4. This ordinance shall take effect and be in force from and after its passage, approval, and publication according to law. [Passed August 24, 1892. Approved August 26, 1892. Pub- lished in Sun August 27, 1892.] AN ORDINANCE auth()ri/.inj>' tlie 1'urtlu‘r issue of district paviuK i)()iids ut the city of Lincoln for the i)urpose of j)ayin.t? the cost of sradinj^, curbing, and paving the several streets and alleysin paving district No. 1) in said city, exclusive of intersec- tions and spaces opposite alleys. Be it ordained, by the Mayor and Council of the City of Lincoln: 1504. § 1. That, Whereas, on the 4tli day of May, 1888, the City Council of Lincoln, Nebraska, by ordinance created paving district No. 9, and afterwards by ordinance approved March 11, 1890, said Council amended the original ordinance and changed the boundaries of said district, and by ordinance approved July 9, 1890, said Council ameiuled the boundaries of said district, and by said last ordinance formed such paving dis- trict No. 9 so as to include all that territory within the corporate limits of the said city of Lincoln, Nebraska, lying on that part of 27th street, in said city, from the south line of O street to the south line of Y street and the property on both sides of said part of 27th street to the depth of 150 feet, and thereafter a ma- 492 SPECIAL ORDINANCES OF jority of the owners of property owning a majority of tlie front feet of property so abutting the said part of 27th street in said pav- district petitioned the said Council to have the said district paved with two courses of brick on sand, which petition was considered and tlie prayer thereof granted, and the said Council by ordi- nance approved July 10th, 1890, and after an estimate of said work had been made, ordered said work done as prayed for in said petition of said property owners, and thereafter said work was advertised for to be done by the best and lowest bidder, and the contract was let by said Council to John A. Buckstaff as such bidder; § 2. Whereas, When said work had been completed from O to Vine streets, in said city, the City Council of said city, by or- dinance entitled ‘‘An ordinance authorizing: the issue of district paving bonds of the city of Lincoln for the purpose of paying the cost of paving, curbing, and grading the several streets and in paving district No. 9 in said city, exclusive of intersections and spaces opposite alleys,^^ approved August 5th, 1891, caused to be issued the coupon bonds of said city for the payment of the work done in that part of said district to the amount of $30,000; § 3. And Whereas, The balance of said work in said paving district has now been completed, and there are no funds or money to pay for the same, except to raise it by issuing district paving bonds of said district as authorized by the statutes of the state of Nebraska: § 4. Now, therefore, and for the purpose of paying costs of grading, curbing, and paving the balance of the several streets and alleys and parts of streets and alleys respectively in said paving district, excepting intersections aud spaces opposite alleys, the Mayor and City Clerk of the city of Lincoln be and hereby are authorized and directed to issue the bonds of said city of Lincoln, to-wit: For the purpose of paying the aforesaid costs in paving district No. 9, ten bonds of $700 each, to be called ‘‘District paving bonds of district No. 9,’^ and numbered re- spectively from 31 to 40 inclusive, said bonds to become due as follows: One of said bonds due October 1st, 1893. One of said bonds due October 1st, 1894. One of said bonds due October 1st, 1895. One of said bonds due October 1st, 1896. One of said bonds due October 1st, 1897. One of said bonds due October 1st, 1898. THE CITY LINCOLN. 493 One of said bonds due October 1st, 1899. One of said bonds due October 1st, 1900. One of said bonds due October 1st, 1901. One of said bonds due October 1st, 1902. And eacli of said bonds to have interest coupons thereto at- tached. All of said bonds to be dated October 1st, 1892, and to bear interest from the date of delivery thereof at the rate of six per cent per annum, payable annually, [)rincipal and interest })ayable at the fiscal agency of the state of Nebraska, in the city of New York; and for the payment of said bonds, principal and interest, the faith of the city of Lincoln, its property, and its revenues are hereby pledged. , § 5. And the special tax and assessments to be levied on the property in said district, to cover said costs of grading, clirbing, and paving therein, sliall constitute a sinking fund for the pay- ment, respectively, of the bunds and interest thereon. § 6. This ordinance shall take effect and be in force from and after its passage, approval, and publication according to law. [Passed August 24, 1892. Approved August 26, 1892. Published in Sun August 26, 1892.] AN ORDINANCE authorizing the issue of alley paving bonds of the city of Lincoln for the purpose of paying the costs of grading, curbing, and paving alley paving dis- trict number four (4) in said city, exclusive of intersections and spaces opposite alleys. Be it ordained by the Mayor and Council of the City of Lincoln : 1505. § 1. Whereas, The Council of said city of Lincoln by ordinance heretofore duly apfiroved, created alley paving dis- trict number four (4), and included therein certain territory within the corporate limits of said city, and thereafter a legal majority of the owners of property owning three-fifths of the front feet of property so abutting upon the alleys in said dis- trict petitioned the City Council to have said district paved with two courses of brick on sand, which petition was considered and the prayer thereof granted by the said Council by ordinance duly approved, and after an estimate of said work had been made, ordered said work done as prayed for in the petition of said property owners, and thereafter such work was advertised for to be done by the best and lowest bidder, and thereafter the contract for such work was let by said Council to John A. Buck- staff as the best and lowest bidder, and such work is now being done and there are no funds or money to pay for the same ex- 494 SPECIAL ORDINANCES OF cept it be raised by issuing alley paving bonds as authorized by statute of the state of Nebraska : § 2. Now, therefore, and for the purpose of paying the costs of grading, curbing, and paving the several alleys and parts of alleys respectively, excepting intersections of streets and spaces opfiosite alleys, in the paving district of the city of Lincoln hereinafter specified, the Mayor and City Clerk of the city of Lincoln be and are hereby authorized and directed to issue the bonds of the city of Lincoln, to-wit: For the jnirpose of paying tdie aforesaid cost in alley paving district number four (4), ten bonds of four hundred dollars each, to be called ‘‘Alley paving blonds of alley paving district number (4) four,^^ and numbered respectively from one (1) to ten (10), inclusive, said bonds to become'due as follows: One of said bonds due November 1, 1893. One of said bonds due November 1, 1894. One of said bonds due November 1, 1895. One of said bonds due November 1, 1896. One of said bonds due November 1, 1897. One of said bonds due November 1, 1898. One of said bonds due November 1, 1899. One of said bonds due November 1, 1900. One of said bonds due November 1, 1901. One of said bonds due November 1, 1902. And each of said bonds to have proper interest coupons at- tached thereto, and all of said bonds to be dated November 1, 1892, and all to bear interest from the date thereof at a rate of six |jer cent per annum, payable annually, principal and in- terest payable at the fiscal agency of the state of Nebraska in the city of New York; and for payment of said bonds, principal and interest, the faith of the city of Lincoln, its property, and its revenues are hereby pledged. § 3. That the special taxes and assessments to be levied on the property in said district, to cover said cost of grading, curbing, and paving therein, shall constitute a sinking fund for the pay- ment respectively of said bonds and interest thereon, and said bonds shall not be sold for less than par, and all ordinances in- consistent herewith are hereby repealed. § 4. This ordinance shall take effect and be in force from and after its passage, approval, and publication according to law. [Passed October 25, 1892. Approved October 27, 1892. Published in Call October 30, 1892.] THE (^ITY OF LINCOLN. 4115 AN ORDINANC’K jiullioriziiig the issue of district paving bonds of tlie city of Lincoln for the purpose of paying the costs of grading, curbing, and i)aving the several streets and alleys in paving district number twenty-four (24) iu sainrpose of deepening the public well in the city park, so as to obtain a water flow of 50,000 gallons i)er hour, to provide a water supply for a system of water- works for said city of Lincoln. Be it ordained by the Mayor and Councilmen of the City of Lin- coln : 1531. § 1. That a special election is hereby called to be held in the city of Lincoln, in the county of Lancaster, and state of Nebraska, on the 5th day of October A. D. 1883, at the places hereinafter s|)ecified in each ward of said city, for the purpose of enabling the legal voters of said city to vote upon the follow- ing proposition, that is to say: Shall the city of Lincoln issue its bonds to the amount of $10,000, with interest coupons thereto attached, payable to bearer twenty years after date, and redeem- able at the pleasure of the said city at any time after five years from their date, and drawing interest at the rate of six ])er cent per annum from the day of their delivery, payable annually ; said bonds to be dated on the day (*f their delivery, and the in- terest and })rincipal to be j)ayable at the office of the Treasurer of the city of Lincoln, for the purpose of deepening the public well in the city j)ark of said city of Lincoln, so as to obtain a water flow of 50,000 gallons of water per hour, to provide a water supj)ly for a system of water-works for said city of Lin- coln; and shall the City Council of said city levy a tax on the taxable property of said city, in addition to all other taxes, suf- ficient to pay the interest on said bonds as the same shall become due and payable : Provided, hoivever, That i^au\ bonds shall not be issued until said public well, so to be deepened, shall produce a water flow of not less than 50,000 gallons of water [)er hour under a test of seventy-two consecutive hours, § 2. That before negotiating the sale of said bonds, the Mayor and Council shall invite bids therefor by such reasonable notice in some newspaper as to them may seem for the best interests of the city, and sell the same for cash to the highest bidder there- for, reserving the right to reject any and all bids. In no case shall said bonds be sold below par value, nor shall a greater number or amount of said bonds be issued or sold than may be necessary to complete the extension of said public well so as to secure a water flow of 50,000 gallons per hour. § 3. That the proceeds of the sale of said bonds shall imme- diately, on the sale thereof, i)e paid to the Treasurer of said city of Lincoln, and shall by him be placed to the credit of the water 532 SPECIAL ORDINANCES OF fund.’^ Said bonds shall be denominated water bonds, second series,’’ and the money obtained therefor shall be used for the purpose hereinbefore specified and the necessary expenses con- nected therewith, and for no other purpose. § 4. It shall be the duty of the Mayor and Clerk of said city, when so ordered by the Council, to sign and attest said bonds and affix thereto the seal of the city. § 5. That the places where the vote upon the foregoing propo- sition shall be had and taken in the city of Lincoln, shall be as follows, to-wit: In the First ward, at city scales office. In the Second ward, at engine house. In the Third ward, at Byer’s carpenter shop. In the Fourth ward, at Howard’s carpenter shop. The ballots voted at such election shall have written or printed thereon, or partly written or printed thereon, the words : “Bonds and tax for deepening the public well so as to produce a water flow of 50,000 gallons per h©ur for water-works; yes;” or, “Bonds and tax for deepening the public well so as to produce a water flow of 50,000 gallons per hour for water- works; no.” § 6. Should a majority of the ballots cast at such election, upon said proposition, have written or printed thereon, or partly written and printed thereon, the words: “Bonds and tax for deepening the pulic well so as to produce a water flow of 50,000 gallons per hour for water-works ; yes;” then the foregoing proposition shall be considered as adopted, and the Mayor and Council of said city shall be authorized to issue such bonds and issue such tax at the times, for the purposes, and upon the con- ditions, specified in this proposition: Providing , no more may be issued or sold than may be necessary to complete the works hereinbefore specified and the necessary expenses connected therewith. § 7. There shall be three judges and two clerks of election ap- pointed by the Mayor and Council for each ward, and the judges and clerks so appointed shall perform the duties at such election which devolve upon judges and clerks of elections for city officers, and the returns of said election shall be made to the Mayor and Council of said city, who shall canvass the votes and declare the result thereof at the first regular meeting after such election, or as soon thereafter as is practicable. § 8. The proposition for the issuance of such bonds and levy- ing the tax as hereinbefore provided, shall be published for at THE CITY OF LINCOLN. 533 least four weeks in a newspaper published and of general circu- lation in said city. § 9. The polls at the election hereby called shall be opened at nine o’clock in the forenoon and continued open until seven o’clock in the afternoon of the same day. § 10. This ordinance shall take effect and be in force from and after its passage, approval, and publication according to law. Approved September 4, 1883. Published September 5, 1883. AN ORDINANCE to authorize the issue, execution, and delivery of flO.OOO water bonds, second series, of the city of Lincoln, in accordance with the expressed will of the legal voters of said city at a special election held on the 5th day of October, 1883. 1532. Whereas, At a special election duly called and held in the city of Lincoln, on the 5th day of October, 1883, to en- able the legal voters of said city to vote upon the proposition submitted by an ordinance approved September 4, 1883, to issue ten thousand dollars water bonds, second series, of said city, to deepen the public well on the city park, so as to provide a water flow of 50,000 gallons per hour to provide a water supply for a system of water-works ; and Whereas, It was ascertained by a canvass of the votes cast at said election that the proposition submitted had been carried by the requisite majority of all the votes cast at said election ; and Whereas, The public well on the city park of the said city of Lincoln has been deepened so as to produce a water flow of more than 50,000 gallons of water per hour; and Whereas, All the conditions precedent to the issue of said bonds, both of law and of fact, contained in the proposition sub- mitted to the legal voters of said city, have been fully complied with; therefore. Be it ordained by the Mayor and Councilmen of the City of Lin- coln : § 1. — Denomination — That the coupon bonds of said city of Lincoln to the amount of $10,000 are hereby authorized, to be issued in denomination of $500 each, payable to bearer twenty years after date, but redeemable at (he pleasure of said city at any time after five years. Said bonds shall be known as water bonds, second series,” and shall bear interest at six per cent, {)ay- able annually, which interest shall be evidenced by coupons to said bonds attached. Tlie principal and interest of said bonds 534 SPECIAL OPPINANCES OF shall be payable at the office of the Treasurer of said city of liiiicoln. § 2. — Issue Authorized — The Mayor and City Clerk of the city of Lincoln are hereby exjiressly authorized to sign said bonds in their official capacity, and to affix thereto the seal of the said city of Lincoln, and the Mayor is hereby authorized to deliver said bonds to the person or persons to whom the sale of said bonds may be awarded by the Mayor and Council of said city, on payment into the office of the City Treasury the purchase price of said bonds : Provided, Said bonds shall not be signed until the sale thereof has been awarded, and shall bear the date of the day of their execution. § 3. This ordinance shall take effect and be in force from and after its passage, approval, and publication according to law. Passed May 20, 1884. Approved May 21, 1884. AN ORDINANCE calling a special election in the city of Lincoln, Lancaster county, Nebraska, to enable the legal voters of said city to Vote upon a proposition empow- ering the Mayor and Council of said city to borrow money and pledge the property and credit of said city upon its negotiable bonds, to an amount not exceeding $90,- 000, for the purpose of constructing, maintaining, and operating a system of water- works for the said city of Lincoln, and to levy a tax on the taxable property of Lincoln, in addition to all other taxes, -sufficient to pay the interest on said bonds as the same becomes due and payable. Be it ordained by the Mayor and Council of the City of Lin- coln : 1533. § 1. A special election is hereby called, to be held in the city of Lincoln, in the county of Lancaster and slate of Ne- braska, on (he 11th day of June, A. D. 1884, at the places here- inafter specified in the several wards of said city, for the purpose of enabling the voters of said city to vote upon the following proposition, that is to say: “Shall the Mayor and Council of the city of Lincoln, Lan- ' caster county, Nebraska, have power to borrow money and pledge the property of said city of Lincoln, upon its negotiable bonds, to an amount not exceeding ninety thousand dollars, for the pur- })ose of constructing, maintaining, and operating a system of water-works for the city of Lincoln, and to levy a tax on the taxable projierty of said city of Lincoln, in addition to all other taxes, sufficient to pay the interest on said bonds as the same may become due and payable.’’ § 2. The bonds proposed by the proposition contained in sec- tion one hereof shall draw interest at the rate of six per cent per annum from the date of their delivery, payable annually, said THE CITY OF LINCOI.N. 535 interest to be evidenced by coupons ihereti) attached. S lid bonds shall be drawn payable to bearer, twenty years after date, but redeemable at the {)leasnre of said city at any time after five years from their date, and shall bear date of the day of their de- livery, and the interest and principal of said bonds shall be pay- able at the office of the Treasurer of said city of Lincoln. § 3. Before negotiating the sale of said bonds, the Mayor and Council shall invite bids therefor, by giving four weeks^ notice thereof in such newspaper as may to them seem for the best in- terests of said city. Said notice shall reserve to the Mayor and Council of said city the right to reject any and all bids that shall be received therefor. The bonds shall be sold for cash to the high- est responsible bidder therefor, and in no case shall said bonds be sold below par value nor shall a greater number or amount of said bonds be negotiated or sold than shall be necessary to con- struct, maintain, and operate, said system of water-works, ac- cording to the plans and specifications prepared for said system of water-works, and now on file in the office of the City Clerk of said city. § 4. That the proceeds of the sale of said bonds shall be paid to the Treasurer of said city of Lincoln immediately on the sale thereof, and shall be by said Treasurer placed to the credit of the ‘‘ water fund.^^ Said bonds shall be denominated “ water bonds, third series.^^ The money obtained therefor shall be used for the purpose hereinbefore specified, and the necessary expenses con- nected therewith, and for no other purpose. § 5. It shall be the duty of the Mayor and Clerk of said city, when so instructed by an ordinance duly passed by the Mayor and Council of said city of Lincoln, to sign and attest said bonds and affix thereto the seal of said city. § 6. That the places where the vote upon the foregoing prop- osition shall be had and taken in said city of Lincoln shall be as follows, to-wit: In the First ward, at the city scales office; in the Second ward, at the engine house; in the Third ward, at ByeFs carpenter shop; in the Fourth ward, at Howard’s carpen- ter shop. The ballots voted at such election shall have written or printed thereon, or partly written and partly printed thereon, the words, Shall the Mayor and Council of the city of Lincoln, Lancaster county, Nebraska, have power to borrow money and pledge the property of said city of Lincoln upon its negotiable bonds to an amount not exceeding ninety thousand dollars, for the purpose of constructing, maintaining, and operating a sys- 536 SPECIiLL ORDINANCES OF tern of water-works for the city of Lincoln, and to levy a tax on the taxable property of said city of Lincoln, in addition to all other taxes, sufficient to pay the interest on said bonds as the same may become due and payable? Yes.’’ Or, Shall the Mayor and Council of the city of Lincoln, Lancaster county, Nebraska, have power to borrow money and pledge the pro})erty of said city of Lincoln upon its negotiable bonds to an amount not exceeding ninety thousand dollars, for the purpose of con- structing, maintaining, and operating a system of water-works for the city of Lincoln, and to levy a tax on the taxable property of said city of Lincoln, in addition to all other taxes, sufficient to pay the interest on said bonds as the same may become due and payable? No.” § 7. Should a majority of the ballots cast at such election upon said proposition have written or printed thereon, or partly writ- ten and partly printed thereon, the words, Shall the Mayor and Council of the city of Lincoln, Lancaster county, Nebraska have power to borrow money and pledge the property of said city of Lincoln upon its negotiable bonds to an amount not exceeding ninety thousand dollars, for the purpose of constructing, main- taining, and 0 {)erating a system of water-works for the city of Jjincoln, and to levy a tax on the taxable property of said city of Lincoln, in addition to all other taxes, sufficient to pay the interest on said bonds as the same may become due and payable? Yes;” then the foregoing proposition shall be considered as adopted, and the Mayor and Council of said city shall have power to issue such bonds and levy such tax at the time for the pur- pose, and upon the conditions, specified in this ordinance. § 8. There shall be three judges and two clerks of election ap- pointed by the Mayor and Council for each ward, and the judges and clerks so appointed shall perform the duties at such elec- tion which devolve upon judges and clerks of election for city officers. The returns of said election shall be made to the Mayor and Council of said city, who shall canvass the votes and declare the result thereof at the first regular or special meeting after such election, or as soon thereafter as practicable. § 9. The propositions herein submitted for the issuance of such bonds and levying the tax herein provided, shall be published for at least four weeks in a newspaper published and of general cir- culation in said city. § 10. The polls at the election hereby called shall be opened THE CITY OF LINCOLN. 537 at nine o’clock in the forenoon and continued open until seven o’clock in the afternoon ot‘ the same day. § 11. This ordinance shall take effect and be in force from and after its passage, approval, and publication according to law. Approved June 11, 1884. AN ORDINANCE to authorize the city of Lincoln to issire its bonds in pursuance of the instruction of the legal voters of said city as expressed at a special election called by an ordinance approved June 11, 1884. 1534. Whereas, At a special election held in the city of Lincoln on the 11th day of July, 1884, to vote upon a proposi- tion submitted by an ordinance entitled, “An ordinance calling a special election in thecity of Lincoln, Jjancaster county, Nebraska, to enable the legal voters of said city to vote upon a proposition empowering the Mayor and Council of said city to borrow money and pledge the property and credit of said city upon its negotia- ble bonds to an amount not exceeding $90,000, for the purpose of constructing, maintaining, and operating, a system of water- works for the said city of Lincoln, and to levy a tax on the tax- able property of Lincoln, in addition to all other taxes, sufficient to pay the interest on said bonds as the same becomes due and payable,” approved June 11, 1884, and published as required by law; and Whereas, It has been ascertained by a canvass of the votes cast at said election that the proposition submitted by said ordi- nance was carried by a two-thirds majority of all votes cast at said election ; therefore. Be it ordained by the Mayor and Councilmen of the City of Lhi- coln : § 1. That the city of Lincoln be and hereby is authorized to issue its coupon bonds in denomination of fi-ve hundred dollars each to the amount of ninety thousand dollars, payable to bearer twenty years after date, and redeemable at the pleasure of the city at any time after five years. Said bonds shall bear interest at the rate of 6 per cent, payable annually, which interest shall be computed and evidenced by coupons to said bonds attached, each coupon calling for the amount of interest on said bonds for one year. One of said coupons shall be made payable each year during the time to run of said bonds. The principal and interest of said bond shall be payable at the office of the City Treasurer of said city of Lincoln. 538 SPECIAL ORDINANCES OF § 2. The said bonds and the attached coupons shall be signed by the Mayor and attested by the City Clerk of said city, and shall have affixed thereto the seal of said city of Lincoln. § 3. This ordinance shall take effect and be in force from and after passage, ap})roval, and publication according to law. Passed September 1, 1884. Approved September 8, 1884. AN ORDINANCE calling for a sjiecial election in the city of Lincoln to enable the legal voters of said city to vote upon a proposition to issue bonds of said city to the amount of $10,000, for the purpose of constructing extensions to the water-works in said city. Be it ordained by the Mayor and Council of the City of Lincoln: 1535. § 1. That a special election is hereby called to be held in the city of Lincoln, in the county of Lancaster and state of Nebraska, on the 31st day of May, A. D. 1887, at the places hereinafter specified in each ward of said city, for the purpose of enabling the legal voters of said city to vote upon the follow- ing proposition, that is to say: Shall the city of I./incoln issue its bonds to the amount of $10,000, with interest coupons thereto attac hed, payable to bearer twenty years after date, and drawing interest at the rate of 5 per cent per annum from the date of their delivery, payable annually, said bonds to be dated on the day of their delivery, and the interest and principal to be paya- ble at the fiscal agency of the state of Nebraska in the city of New York, for the purpose of constructing extensions to the water- works of said city, and shall the City Council of said city levy a tax on the taxable property of said city, in addition to all other taxes, sufficient to pay the interest on said bonds as the same may become due and payable. § 2. That before negotiating the sale of said bonds, the Mayor and Council shall invite bids therefor by such reasonable notice in some newspaper as to them may seem for the best interests of said city, and sell the same for cash to the highest bidder there- for, reserving the right to reject any and all bids. In no case shall said bonds be sold below par value. § 3. That the proceeds of the sale of said bonds shall imme- diately, on the sale thereof, be paid to the Treasurer of said city of Lincoln, and shall by him be placed to the credit of the water fund.” Said bonds shall be denominated water bonds, fourth series,” and the money obtained therefor shall be used for the purpose hereinbefore specified and the necessary expense con- nected therewith, and for no other purpose. THE CITY OF TJNCOI.N. r>39 § 4. It shall be the duty of the Mayor and Clerk of said city, when so ordered by the Council, to sign and attest said bonds and affix thereto the seal of the city. § 5. That the places where the vote on the foregoing proposi- tion shall be had and taken in said city of Lincoln shall be as follows, to- wit: In the First ward, at city tool house. In the Second ward, at the engine house No. 1. In the Third ward, at Greenes lumber office. In the Fourth ward, at Howard’s carpenter shop. In the Fifth ward, at Giessler’s store. In the Sixth ward, at Crystal Steam Laundry. The ballots voted at such election shall have written or printed thereon, or partly written or printed thereon, the words : ‘‘Bonds and tax for constructing extensions to the water- works in the city of Lincoln; yes;” or, “Bonds and tax for constructing extensions to the water- works in the city of Lincoln; no.” § 6. Should a majority of the ballots cast at such election upon said proposition have written or printed thereon, or partly writ- ten or printed thereon, the words, “ Bonds and tax for construct- ing extensions to the water-works in said city; yes;” then the foregoing proposition shall be considered as adopted, and the Mayor and Council of said city shall be authorized to issue such bonds and levy such tax at the times, for the purpose, and upon the conditions, specified in this proposition. § 7. There shall be three judges and two clerks of election appointed by the Mayor and Council for each ward, and the judges and clerks so appointed shall })erform the duties at such election which devolve upon judges and clerks of elections for city officers, and the returns of said election shall be made to the Mayor and Council of said city, who shall canvass the votes and declare the result thereof at the first regular meeting after such election, or as soon thereafter as is practicable. § 8. The proposition for the issuance of such bonds and levy- ing the taxes as hereinbefore provided shall be published for at least weeks in a news[)aper published and of general circu- lation in said city. § 9. The polls at the election hereby called shall be opened at 9 o’clock in the forenoon and continue open until 7 o’clock in the afternoon of the same day. 540 SPECIAL ORDINANCES OP § 10. Tins ordinance shall take effect and be in force from and after its passage, approval and publication according to law. Approved April 29, 1887. AN ORDINANCE to authorize the city of Lincoln to issue its bonds in pursuance of the instructions of the legal voters of said city as expressed at a special election called by an ordinance approved April 29, 1887. 1536. Whereas, At a special election held in the city of Lincoln on the 31st day of May, 1887, to vote upon a proposi- tion submitted by an ordinance calling a special election in the city of Lincoln, Lancaster county. Neb., to enable the legal voters of said city to vote upon a proposition empowering the Mayor and Council of said city to borrow money and pledge the prop- erty and credit of said city upon its negotiable bonds to an amount not exceeding ten thousand dollars, to be used for the purpose of constructing extensions to the water-works of said city, and to levy a tax on the taxable property of the city of Lincoln in addi- tion to all other taxes sufficient to pay the interest on said bonds as the same become due and payable, approved April 29, 1887, and was published as required by law; and Whereas, It has been ascertained by a canvass of the votes cast at said election that the proposition submitted by said ordi- nance was carried by a two- thirds majority of all the votes cast at said election ; therefore Be it ordained by the Mayor and Council of the City of Lincoln: § 1. That the city of Lincoln be and hereby is authorized to issue its coupon bonds in denominations of $1,000 each to the amount of $10,000, payable to bearer twenty years after date, said bonds to be dated on the day of their delivery, and to draw interest from date at 5 per cent per annum, payable annually at the fiscal agency of the state of Nebraska in the city of New York. § 2. Said bonds shall be signed by the Mayor and attested by the City Clerk of said city^ and shall have affixed thereto the seal of the said city of Lincoln, and the attached coupons shall each be signed by the Mayor. § 3. This ordinance shall take effect and be in force from and after its passage, approval, and publication according to law. Passed June 20, 1887. Approved June 25, 1887. THK CITY OF LINCOLN. 641 AN ORDINANCE calling for a special election in the city of Lincoln to enable the legal voters of said city to vote upon a proposition to issue bonds of said city to the amount of ten thousand dollars, for the purpose of constructing extensions to the water- works of said city . Be it ordained by the Mayor and Council of the City of Lincoln : 1637. Whereas, At an election held in said city on May 31, 1887, the city was authorized to issue bonds in the amount of $10,000 for the purpose of constructing extensions to the water-works of said city; but at said election no authority was given said city to redeem said bonds at the option of said city at any time after five years from their date as required by law: § 1. That a special election is hereby called to he held in the city of Lincoln, in the county of Lancaster, and state of Ne- braska, on the 1st day of October, A. D. 1887, at the places here- inafter specified in each ward of said city for the purpose of enabling the legal voters of said city to vote upon the following proposition, that is to say : Shall the city of Lincoln issue its bonds to the amount of $10,000, with interest coupons thereto at- tached, payable to bearer twenty years after date and redeemable at the option of the city at any time after five years from their date, and drawing interest at the rate of five per cent per annum from the date of their delivery, payable semi-annually, said bonds to be dated on the day of tiieir delivery, and the interest and principal to be payable at the fiscal agency of the state of Ne- braska in the city of New York, for the purpose of constructing extensions to the water-works of said city; and shall the City Council of said city levy a tax on the taxable property of said city, in addition to all all other taxes, sufficient to pay the inter- est on said bonds as the same may become due and payable. § 2. That before negotiating the sale of said bonds, the Mayor and Council shall invite bids therefor by such reasonable notice in some newspajier as to them may seem for the best interests of said city, and sell the same for cash to the highest bidder there- for, reserving the right to reject any and all bids. In no case shall said bonds be sold below par value. § 3. That the proceeds of the sale of said bonds shall imme- diately, on the sale thereof, be paid to the Treasurer of said city of Lincoln, and shall by him be placed to the credit of the water fund.” Said bonds shall be denominated “water bonds, fourth series,” and the money obtained therefor shall be used for the purpose hereinbefore specified and the necessary expense con- nected therewith, and for no other purpose. 542 SPECIAL ORDINANCES OF § 4. It shall be the duty of tlie Mayor and Clerk of said city, when so ordered by the Council, to sign and attest said bonds and affix thereto the seal of the city. § 5. That the places where the vote upon the foregoing prop- osition shall be had and taken in said city of Lincoln shall be as follows, to-wit: In the First ward, at the city tool house. In the Second ward, at engine house No. 1. In the Third ward, at Greenes lumber office. In the Fourth ward, at Howard^s carpenter shop. In the Fifth ward, at GeissleFs store. In the Sixth ward, at Crystal Steam Laundry. The ballots voted at such election shall have written or printed thereon, or partly written or printed thereon, the words : “ Bonds and tax for constructing extensions to the water-works in the city of Lincoln; yes ; or Bonds and tax for constructing extensions to the water-works in the city of Lincoln; no.” § 6. Should a majority of the ballots cast at said election upon said proposition have written or printed thereon, or partly writ- ten and printed thereon, the words; “Bonds and tax for con- structing extensions to the water-works in said city; yes;” then the foregoing proposition shall be considered as ado[)ted,and the Mayor and Council of said city shall be authorized to issue such bonds and levy such tax at the times and for the purposes and upon the conditions specified in this proposition. § 7. There shall be three judges and two clerks of election appointed by the Mayor and Council for each ward, and the judges and clerks so appointed shall perform the duties at such election which devolve upon judges and clerks of elections for city officers, and the retuiuis of said election shall be made to the Mayor and Council of said city, who shall canvass the votes and declare the result thereof at the first regular meeting after such election, or so soon thereafer as practicable. § 8. The proposition for the issuance of such bonds and levy- ing the taxes hereinbefore provided shall be published tor four consecutive times in a weekly newspaper of general circulation in said city. § 9. The polls at the election hereby called shall be opened at 9 o’clock in the forenoon and continued open until 7 o’clock in the afternoon of the same day. THE CITY OF MNOOEN. 54 :>> § 10. This ordinance shall take effect and be in force from and after its [lassage, approval, and publication according to law. Approved September 6, 1(S87. AN ORDINANCE to aulliorizc the city of Lincoln to issue its bonds in pursuance of the instructions of the legal voters of said city as expressed at a special election called by an ordinance approved September 6, 1887. 1538. Whereas, At a special election held in the city of Lincoln on the first day of October, 1887, to vote upon a propo- sition submitted by an ordinance calling a special election in the city of Lincoln, Lancaster county, Nebraska, to enable the legal voters of said city to vote upon a proposition empowering the Mayor and Council of said city to borrow money and pledge the property and credit of said city upon its negotiable bonds to an amount not exceeding ten thousand dollars, to be used for the purpose of constructing extensions to the water-works of said city, and to levy a tax on the taxable property of the city of Lincoln, in addition to all other taxes, sufficient to pay the in- terest on said bonds as the same become due and jiayable, ap- proved September 6, 1887, and was published as required by law; and Whereas, It has been ascertained by a canvass of the votes cast at said election that the proposition submitted by said ordi- nance was carried by a two-thirds majority of all the votes cast at said election; therefore Be it ordained by the Mayor and. Council of the City of Lincoln: § 1. That the city of Lincoln be and hereby is authorized to issue its coupon bonds in denominations of $1,000 each to the amount of $10,000, payable to bearer twenty years after date, said bonds to be dated on the day of their delivery, and re- deemable at the 0 [)tion of the city at any time after five years from their date, and to draw interest at the rate of five per cent per annum from the date of their delivery, payable semi-annually, and principal and interest payable at the fiscal agency of the state of Nebraska in the city of New York. § 2. Said bonds shall be signed l)y the Mayor and attested by the City Clerk of said city, and shall have affixed thereto the seal of the said city of Lincoln, and said coupons shall each be signed by the Mayor. § 3. This ordinance shall take effect and be in force from and after its passage, approval, and publication according to law. Approved October 7, 1887. 644 SPECIAL ORDINANCES OF AN ORDINANCE calling for a special election in the city of Lincoln to enable the legal voters of said city to vote upon a proposition to issue bonds of said city to the amount of ten thousand dollars, for the purpose of constructing extensions to the water- works of said city. Be it ordained by the Mayor and Council of the City of Lincoln: 1539. § 1. That a special election is hereby called to be held in the city of Lincoln, in the county of Lancaster and state of Nebraska, on the 3d day of April, A. D. 1888, at the places here- inafter specified in each ward of said city, for the purpose of en- abling the legal voters of said city to vote upon the following proposition, that is to say: Shall the city of Lincoln issue its bonds to the amount of $10,000, with interest coupons thereto attached, payable to bearer twenty years after date, and redeem- able at the option of the city at any time after five years from tlieir date, and drawing interest at the rate of five per cent per annum from the date of their delivery, payable semi-annually, said bonds to be dated on the day of their delivery, and the in- terest and principal to be payable at the fiscal agency of the state of Nebraska in the city of New York, for the purpose of con- structing extensions to the water-works of said city; and shall the City Council of said city levy a tax on the taxable property of said city, in addition to all other taxes, sufficient to pay the interest and principal on said bonds as the same may become due and payable. § 2. That before negotiating the sale of said bonds, the Mayor and Council shall invite bids therefor by such reasonable notice in some newspaper as to them may seem for the best interests of said city, and sell the same for cash to the highest bidder there- for, reserving the riglit to reject any and all bids. In no case shall said bonds be sold below par value. § 3. That the proceeds of the sale of said bonds shall imme- diately, on the sale thereof, be paid to the Treasurer of said city of Lincoln, and by him shall be placed to the credit of the “water fund.’^ Said bonds shall be denominated “water bonds, fifth series,’’ and the money obtained therefor shall be used for the purpose hereinbefore specified and the necessary expense connected therewith, and for no other purpose. § 4. It shall be the duty of the Mayor and Clerk of said city, when so ordered by the Council, to sign and attest said bonds and affix thereto the seal of the city. § 5. That the places where the vote upon the foregoing propo- sition shall be had and taken in said city of Lincoln shall be as follows, to-wit; THE CITY OF LINCOLN. 545 In the P^irst ward, at tlie engine liuuse No. 2. In the Second ward, at the engine house No. 1. In the Tliird ward, at Green’s lumber office. In the Fourth ward, at Howard’s carpenter shop. In the Fifth ward, at Geissler’s store. In tlie Sixth ward, at Crystal Steam Laundry. The ballots voted at such election shall have written or printed thereon, or partly written or printed thereon, the words: Bonds and tax for constructing extensions to the water- works in the city of Lincoln; yes or Bonds and tax for constructing extensions to the water- works in the city of Lincoln; no.” § 6. Should a majority of the ballots cast at such election upon said proposition have written or printed thereon, or partly writ- ten or printed thereon, the words: ‘‘Bonds and tax for construct- ing extensions to the water-works in said city; yes;” then the foregoing proposition shall be considered as adopted, and the Mayor and Council of said city shall be authorized to issue such bonds and levy such tax at the times and for the purposes and upon the conditions specified in this proposition. § 7. There shall be three judges and two clerks of election appointed by the Mayor and Council for each ward, and the judges and clerks so appointed shall perform the duties at such election which devolve upon judges and clerks of elections for city officers; and the returns of said election shall be made to the Mayor and Council of said city, who shall canvass the votes and declare the result thereof at the first regular meeting after such election, or as soon thereafter as practicable. § 8. The proposition for the issuance of such bonds and levy- ing the taxes hereinbefore provided, shall be published for four consecutive times in a weekly newspaper of general circulation in said city. § 9. The polls at the election hereby called shall be opened at 9 o’clock in the forenoon and continue open until 7 o’clock in the afternoon of the same day. § 10. This ordinance shall take effect and be in force from and alter its ])assage, approval, and ])ublication according to law. Approved February 21, 1888. 546 SPECIAL ORDINANCES OF AN ORDINANCE to authorize the city of Lincoln to issue its water bonds, fifth series, to the amount of 110,000, pursuant to the instruction of the legal voters of said city as exi)ressed at a special election called by an ordinance^pproved February 21, 1888 1540. Whereas, At a special election held in the city of Lincoln on the 3(1 day of April, 1888, to vote upon a proposition submitted by an ordinance calling a special election in the city of Lincoln, in the county of Lancaster, and state of Nebraska, for the purpose of enabling the legal voters of said city to vote upon a proposition empowering the Mayor and Council of said city to borrow money, and pledge the property and credit of said city, upon its negotiable bonds, to an amount not exceeding ten thou- sand dollars, to be used for the purpose of constructing exten- sions to the water-works of said city, and to lev}^ a tax upon the taxable property of the city of Lincoln, in addition to all other taxes, sufficient to pay the interest and principal on said bonds as the same may become due and payable ; and Whereas, it has been ascertained by a canvass of the votes cast at said election that the proposition submitted by said ordi- nance was carried by the requisite majority of all votes cast at said election ; therefore. Be it ordained by the Mayor and Council of the City of Lincoln : § 1. That the city of Lincoln is hereby authorized to issue its coupon bonds in denomination of $1,000 each to the amount of $10,000, payable to bearer twenty years after date, and redeem- able at the option of said city at any time after five years from their date; said bonds to be dated July 1, 1888, and to draw interest at the rate of five per cent per annum, payable semi-an- nually at the fiscal ag-ency of the state of Nebraska in the city of New York. § 2. Said bonds shall be signed by the Mayor, and attested by the City Clerk of said city, and shall have affixed thereto the seal of said city of Lincoln, and the attached coupons shall each be signed by the Mayor. § 3. This ordinance shall take effect and be in force from and after its passage, approval, and publication according to law. Approved June 4, 1888. THE CITY OF IJNCOLN. 547 AN ORDINANCE] calling for a si)ccial election in the city of Lincoln, Lancaster county, Neb., to enable the legal voters of said city to vote upon the proposition to issue bonds of said city to tlie amount of $17,000, for the purpose of construction of exten- sions to the establi.shed water-works of said city, to prescribe the form of ballot at said special election, the places and time of voting, and to authorize the said coun- cil to levy a speeial fax, in addition to all other taxes, for the payment of said bonds and interest when the same become due. 1542. Whereas, It has become necessary to make exten- sions and additions to the system of water-works in the city of Lincoln, Lancaster county, in the state of Nebraska, in making extensions thereof in the following particulars, to-wit: Standpipe, 25x100, with foundation $11,500 00 12-iMch pipe on Ninth, from South to F 7,750 00 12-inch j)ipe east on South street, from 10th to 23d.. 8,817 35 6-inch pipe east oii Washington from 16th to 17th.. 400 00 6-inch pipe east on A from 11th to 15th 1,429 00 6-inch pi})e east on Washington from 20th to 23d, and on 22d, Washington to D, and west on D to 20. h 2,578 00 6-inch pipe on N street, 30th to 32d * 582 25 Laying pipe on hand, II street, 11th to 14lh, U to W and 12th, U to X 385 00 6-inch pipe on S, T, U, and Vine, 19th to 22d, and on 19th, S to T, and 19th, U to V 3,290 00 6-inch pipe on M street, 24th to 25th, and on 25th from M to N 560 00 T street, 27th to 32d, and 32d street, S to T, 6-inch pipe 1,680 00 20th street south to Prospect, 6-inch pipe 700 CO 19th street, C to D, 6-inch pipe 302 70 6-inch pipe on F from 1st to 6th, on 1st from M to F, and on M frotu 1st to 2d 3,500 00 6-inch pipe on Q street from 19th to 27th 2,420 00 6 -inch pipe on 11th street from U to W, and on W from 9th to 11th 1,080 00 According to the estimate cost as made and prepared by the City Engineer of said city; Whereas, It further appears that there are no funds in tlie city treasury to pay for any of .‘^aid extensions or improvements, which are now necessary and needed ; and Whereas, Said improvements as lierein specified have been ordered done by the council of said city, and have been spread 548 SPECIAL ORDINANCES OF upon its records: Now, therefore, and in order and for the pur- pose of raising the money to make the aforesaid improvements. Be it ordained by the Mayor and. Council of the City of Lincoln^ Neb.: § 1. That a special election is hereby called to be held in the city of Lincoln, in the county of Lancaster and state of Ne- braska, on the 12th day of August, 1892, at the place herein- after specified in each election precinct in said city, for the pur- pose of enabling the legal voters of said city to vote upon the following propositions, to- wit : “Shall the city of Lincoln issue its bonds to the amount of |47,000, with interest coupons thereto attached, payable to bearer twenty years after date thereof^ and redeemable at the option of the city at any time after ten years from their date, and draw interest at the rate of 5 percent per annum from their date, pay- able semi-annually, said bonds to be dated October 1, 1892, and the interest and the principal to be payable at the fiscal agency of the state of Nebraska in the city of New York, for the pur- pose of constructing extensions of the water-works of said city, and shall the City Council of said city levy a tax on all taxable property of said city sufficient to pay the interest and principal upon said bonds as the same may l)ecome due and payable?’’ § 2. That before negotiating the sale of said bonds, the Mayor and Council shall invite bids therefor, by reasonable notice in some newspaper as to them may seem for the best interest of said city, and sell the same for cash to the highest bidder therefor, re- serving the right to reject any and all bids. In no case shall said bonds be sold below par value. § 3. That the proceeds of the sale of said bonds shall imme- diately, on the sale thereof, be paid to the Treasurer of the city of Lincoln, and by him shall be placed to the credit of the “water fund.” Said bonds shall be denominated “Water bonds, sixth series,” and the money obtained therefrom shall be used for the purpose hereinbefore specified and the necessary expenses connected therewith, and for no other purpose. § 4. It shall be the duty of the Mayor and Clerk of said city, when so ordered by the Council, to sign and attest such bonds and affix thereto the seal of the city. § 5. That the places where the vote upon the foregoing propo- sition shall be had and taken in said city of Lincoln, shall be as follows, to-wit : THE CITY OF LINCOLN. 549 IN THE FIRST WARD. Precinct 1 or A — City building. Precinct 2 or B — 1024 T street. Precinct 3 or C — 828 W street. IN THE SECOND WARD. Precinct 1 or A — Bohanan block. Precinct 2 or B — Court house. Precinct 3 or C — Holmes building, Eleventh street, between H and G. IN THE THIRD WARD. Precinct 1 or A^ — Applegate block. Precinct 2 or B— Gaddis’ shop, corner Thirteenth and R streets. Precinct 3 or C — 1620 O street. Precinct 4 or D — 2220 O street. Precinct 5 or E — Cox building, north side U street, between Thirteenth and Fourteenth streets. IN THE FOURTH WARD. Precinct 1 or A — 130 South Twelfth street. Precinct 2 or B — 308 South Eleventh street. Precinct 3 or C — Grocery store. Thirteenth and K streets. Precinct 4 or D — Heater & Kinnis, between Twentieth and Twenty-first, O street. Precinct 5 or E — Grocery store. Twentieth and J streets. IN THE FIFTH WARD. Precinct 1 or A — F street engine house. Precinct 2 or B — J. R. Bing’s shop. Precinct 3 or C — South street car barn. Precinct 4 or D — Rippe’s store. Precinct 5 or E — 415 D street. IN THE SIXTH WARD. Precinct 1 or A — S. M. Melick’s barn. Twenty-fourth and P streets. Precinct 2 or B — Corner V and Twenty-seventh streets. Precinct 3 or C — Twenty-third and Washington streets. 550 S1‘ECIAL ORDINANCES OF IN THE SEVENTH WARD. Precinct 1 or A — Lincoln City Electric railway house. Precinct 2 or B — 869 North Twenty-seventh street. Precinct 3 or C — Byruin’s store, Twenty-seventh street. § 5. The ballots voted at said election shall have written or printed thereon, or partly written or printed thereon the words: “Shall the city of Lincoln, Neb., issue its bonds to the extent of forty-seven thousand dollars, with interest coupons attached thereto, payable to bearer in twenty years after date thereof, and redeemable at the option of the city at any time after ten years from their date, and flraw interest at the rate of 5 per cent per annum from their date, payable semi-annually, said bonds to be dated October 1, 1892, and the interest and principal to be pay- able at the fiscal agency of the state of Nebraska in the city of New A^ork, for the purpose of constructing extensions of the water-works of said city, and shall the City Council of said city levy a tax on all taxable })roperty of said city, in addition to all other taxes, sufficient to pay the interest and principal upon said bonds as the same may become due and payable? A^es;”or, “Shall the city of Lincoln issue its bonds to the amount of $47,000, with interest coupons thereto attached, payable to the bearer twenty years after the date thereof, and redeemable at the option of the city at any time after ten years from their date, and drawing interest at the rate of 5 per cent per annum from their date, payable semi-annually, said bonds to be dated Oc- tober 1, 1892, and the interest and principal j)ayable at the fiscal agency of the state of Nebraska in the city of New AT)rk, for the purpose of constructing extensions of the water-works of said city, and shall the City Council of said city levy a tax on all taxable property of said city, in addition to all other taxes, sufficient to pay the interest and principal upon said bonds as the same may become due and payable? No.” § 6. Should the majority of said ballots cast at such election upon such ])roposition be in the affirmative or in favor of said proposition, then the foregoing proposition shall be considered as adopted, and the Mayor and Council of said city shall be au- thorized to issue such bonds and levy such taxes at the time, for the purpose, and upon the conditions sj)ecified in this proposition and ordinance. § 7. There shall be five judges and two clerks of election ap- pointed by the Mayor and the Council for each election precinct, THE CITY OF I.INCOLN. 551 and the judges and clerks so a})pointed shall perform the duties at such election which shall devolve upon the judges and clerks of eleclious for city otticers; and the returns of said election shall he given to the Mayor and Council of said city, who shall canvass the vote and declare the result thereof at the first regu- lar meeting after such election, or so soon thereafter as practi- cable. § 8. The proposition for the issuance of such bonds and the levying the taxes herein provided shall be published for four consecutive times in a weekly newspaper of general circulation in said city. § 9. The polls at the election hereby called shall be opened in the forenoon at 8 o’clock and continue until 7 in the afternoon of the same day. § 10. This ordinance shall take effect and be in force from and after its passage, approval, and publication according to law. [Passed July 12, 1892. Approved July 13, 1892. Pub- lished in Journal July 17, 1892.] AN ORDINANCE to authorize the city of Lincoln to issne its water Ijonds, sixth series, to the amount of forty-seven thousand dollars, pursuant to the instruction of the legal voters of said city as expressed at a special election called by tlie ordinance approved July 13th, 1892. 1543. Whereas, At a special election held in the city of Lincoln on the 12th day of August, 1892, to vote upon a propo- sition submitted by an ordinance calling a special election in the city of Lincoln, county of Lancaster, slate of Nebraska, for the purpose of enabling the legal voters of said city to vote upon a proposition empowering the Mayor and City Council of said city to borrow money, and pledge the projierty and credit of said city, upon its negotiable bonds, to the amount not exceeding forty- seven thousand dollars, for bonds for the purpose of construct- ing extensions of the water-works of said city, and to levy a tax upon the taxable property of said city, in addition to all other taxes, to pay the interest and principal upon said bonds as the same may become due and payable; and Whereas, It has been ascertained by a canvass of the votes cast at said election that the proposition submitted by said or- dinance was carried by a majority of all the votes cast at said election ; therefore 552 SPECIAL ORDINANCES OF Be it ordained by the Mayor and City Council of said City of Lincoln : § 1. Tliat tlie city of Lincoln is liereby authorized to issue its coupon b )nds in denominations of one thousand dollars each, to the amount of' forty-seven thousand dollars, j)ayable to bearer twenty years after date, and redeemable at the option of said city at any time after ten years from date, said bonds to be dated October 1st, 1892, and to draw interest at the rate of five per cent per annum from their date, payable semi-annually, said in- terest and principal payable at the fiscal agency of the state of Nebraska in the city of New Yoak. § 2. Said bonds shall be signed by the Mayor and attested by the City Clerk of said city, and shall have affixed thereto the seal of said city of Lincoh], and the attached coupons shall each be signe'd by the Mayor. § 3. Th is ordinance shall take effect and be in force from and after its passage, approval, and publication according to law. [Passed August 24, 1892. Approved August 25, 1892.] AN ORDINANCE calling a special election in the city of Lincoln to enable the legal voters of said city to vote upon a proposition to issue the bonds of said city to the amount of twenty-six thousand six hundred dollars for the purpose of constructing extensions to the water-works of said city. Be it ordained by the Mayor and Council of the City of Lincoln : 1544. § 1. That a special elect on is hereby called to be held in the city of Lincoln, in the county of Lancasler and state of Nebraska, on the 6th day of November, 1894, at the })laces here- inafter specified in each ward of said city, for the purpo.se of en- abling the legal voters of said city to vote upon the following proj)osition, that is to say : Shall the city of Lincoln issue its bonds to the amount of twenty-six thousand six hundred dollars, with interest coupons thereto attached, payable to bearer one- tenth thereof each year after ten years from their date, and re- deemable at the option of the city at any time after five years from their date, and drawing interest at the rate of five per cent ])er annum from the date of delivery, payable annually, said bonds to be dated on the 1st day of December, 1894, and the interest and principal payable at the fiscal agency of the state of Nebraska in the city of New York, for the purpose of con- structing extensions to the water-works of said city; and shall the Mayor and City Council of said city levy a tax on the tax- able propei ty of said city, in addition to all other taxes, sufficient THE CITY OF EINCOLN. 553 to pay the interest and principal of said bonds as the same may become due and payal)le? § 2. The proceeds of the sale of said bonds shall be paid to the treasurer of said city and by him shall be placed to tlie credit of the “water fund/’ Said bonds shall be denominated Water bonds, series,” and the money obtained therefrom used for the purpose hereinbefore specified and the necessary expenses connected therewith, and for no other purpose. § 3. It shall be the duty of the Mayor and Clerk of said city, when so ordered by the Council, to sign and attest said bonds and affix thereto the seal of said city. § 4. The extensions or additions to said water-works have been determined by the Mayor and Council and the same spread upon the record thereof as follows, to-wit: Estimate of Proposed Extensions of the Water Mains in Accord- ance with Plans filed Herewith. location. FEET. SIZE — INCH. COST. On F Street, 5th St. to 6th St 600 6 $450 00 On II Street, 8th St. to 5th St 1220 6 915 00 On 5th Street, H St. to J St 400 4 240 00 On A Street, 17th St. to 1 9th St 800 6 600 00 On B Street, 18th St. to 19th St 400 6 300 00 On B Street, 13th St. to 9th St On Washington Street, 10th St. to 16th 1620 6 1215 00 St 2440 4 1464 00 On Poplar Street, 14th St. to 16th St.. On 14th Street, Poplar St. to Stillwater 850 6 637 50 Ave 2300 6 1725 00 On Rose Street, 9th St. to 16th St 2840 6 2130 00 On 16th Street, Maple to Sycamore St. 400 4 240 00 On 22d Street, South St. to Euclid Ave. 1020 6 765 00 On 19th Street, A St. to B St On Washington Street, 23d St. to 25th 400 4 240 00 St On 25th Street, Washington St. to 800 6 600 00 Garfield St 500 6 375 00 On Garfield Street, 25th St. to 27th St. 800 6 600 00 On 27th Street, J St. to Beta St 1540 6 1155 00 On Beta Street, 27th St. to 28th St 600 6 450 00 On 24th Street, M St. to L St 25 500 4 300 00 554 SPECIAJ. ORDINANCES OF LOCATION. length- SIZE- FEET. INCH. On () Street, .30tli St. to 32d St 800 6 On 32(1 Street, O St. to R St 1200 6 On 30tli Street, M St. to N St 400 4 On R Street, 27tli St. to 29tli St 800 6 On 22(1 Street, Vine St. to Holdrege St 2640 6 On Y Street, 27tli St. to 29th St 800 6 On 29tli Street, Y St. to Potter St 1960 6 On Potter Street, 29th St. to 30th St... 400 6 On 30th Street, Potter St. to Oak St... 1920 6 On 14th Street, Court St. to Emerson, 1800 6 On Emerson Street, 14th St. to 12th... 800 6 (4n 12th Street, Emerson St. to Butler St 2000 6 On 18th Street, G St. to J. St 800 6 COST. $600 00 900 00 240 00 600 00 1980 00 600 00 1470 00 300 00 1440 00 1368 50 600 00 1500 00 600 00 Toii\\ $26,600 00 § 5. The judges and clerks of the election herein called shall be the judges and clerks of the general election held on the same day, and the places for voting hereon shall be the same as for said general election. The rules and regulations of said general elec- tion shall govern as to this election so far as the same are appli- cable. § 6. The ballots cast at such election shall have written or printed thereon, or partly written or printed thereon, the words “Bonds and tax for constructing extensions to the water-works of the city of Lincoln; yes;’^ or, “Bonds and tax for construct- ing extensions to the water-works to the city of Lincoln; no.^’ § 7. Shall the majority of the ballots cast at said election upon the above proposition be in favor thereof, then the Mayor and Council shall be authorized to issue and sell the bonds hereinbe- fore described, and to use the money for the purpose designated in this ordinance. § 8. The proposition herein submitted for the issuance of such bonds and levying said tax shall be published for four weeks in The Call^ a newspaper, and of general circulation in said city. § 9. This ordinance shall take effect and be in force from and after its passage, approval, and publication according to law. [Passed October 1, 1894. Approved October 3, 1894. Pub- lished in Call October 6, 1894.] THE CITY OF LINCOLN. 655 AN ORDINANCE to authorize the city of Lincoln to issue its water bonds, series, to the amount of twenty-six thousand six hundred dollars, pursuant to the instruc- tions of the legal voters of said said city as expressed at an election called to be held on the (ith day of November, 1894. 1545. Whereas, At an election held in the city of Lincoln on the 6th day of November, 1894, to vote upon the proposi- tion submitted by an ordinance calling a special election in the city of Lincoln in the county of Lancaster and state of Nebraska, for the purpose of enabling the legal voters of said city to vote upon a proposition authorizing the Mayor and Council of said city to borrow money and pledge the property and credit of said city upon its negotiable bonds to an amount not exceeding twenty-six thousand six hundred ($26,600) dollars, to be used for the pur- pose of constructing extensions to the water-works of said city, and to levy a tax upon the taxable property of the city of Lin- coln, in addition to all other taxes, sufficient to })ay the interest and principal on said bonds as the same may become due and payable; and Whereas, It has been ascertained by a canvass of the votes cast at said election that the proposition submitted by said ordi- nance was carried by the requisite majority; therefore. Be it ordained by the Mayor and Council of the City of Lincoln: § 1. That the city of Lincoln is hereby authorized to issue its coupon bonds in such denominations as the Mayor and City Council may determine, to the amount of twenty six thousand six hundred ($26,600) dollars, payment to bearer one-tenth thereof each year after ten years from the date thereof, and re- deemable at the option of said city at any time after five years from their date; said bonds to be dated January 1, 1895, and to draw interest at the rate of five per cent per annum, payable annually at the fiscal agency of the state of Nebraska in the city of New York. § 2. Said bonds shall be signed by the Mayor and attested by the City Clerk of said city, and shall have affixed thereto the seal of said city. § 3. This ordinance shall take effect and be in force from and after its passage, approval, and publication according to law. [Passed December 31, 1894. Approved January 4, 1895. Published in News January 4, 1895.] 556 SPECIAL ORDINANCES OF AN f)Rl)INAN(;p: to autliorizc the city of Lincoln to issue its water bonds, seventh series, to the amount of twenty-six thousand six hundred dollars, pursuant to the instructions of the legal voters of said city as expressed at an election called to be lield on the 6th day of November, 1894. 1546. Whereas, At an election held in the city of Lincoln on the 6th day of November, 1894, to vote upon the j)roposition submitted by an ordinance calling a special election in the city of Lincoln, in the county of Lancaster and state of Nebraska, for the purpose of authorizing the Mayor and City Council of the said city to borrow money, and pledge the property and credit of said city, upon its negotiable bonds, to an amount not exceeding twenty-six thousand six hundred dollars, to be used for the pur- pose of constructing extensions to the water- works of said city, and to levy a tax upon the taxable property of the city of Lin- coln, in addition to all other taxes, sufficient to pay the interest and principal on said bonds as the same may become due and payable; and Whereas, It has been ascertained by a canvass of the votes cast at said election that the jiroposition submitted by said ordi- nance was carried by the requisite majority; therefore Be it ordained by the Mayor and Council of the City of Lincoln: § 1. That the city of Lincoln is hereby authorized to issue its coupon bonds of such denomination as the Mayor and Council may determine, to the amount of twenty-six thousand six hun- dred dollars, payable to bearer one-tenth thereof each year after ten years from the date thereof, and redeemable at the option of said city at any time after five years from their date; and said bonds to be dated December 1, 1894, and to draw interest at the rate of five per cent per annum from date of delivery, payable annually at the fiscal agency of the state of Nebraska in the city of New York. § 2. Said bonds shall be signed by the Mayor and attested by the City Clerk of said city, and shall have affixed thereto the seal of said city. § 3. An ordinance entitled ^‘An ordinance to authorize the city of Lincoln to issue its water bonds, seventh series, to the amount of twenty-six thousand six hundred dollars, pursuant to the in- structions of the legal voters of said city as expressed at an elec- tion called to be held on the 6th day of November, 1894,’^ ap- proved January 4th, 1895, be and the same is hereby repealed, and this ordinance shall take effect and be in force from and after its passage and ap])roval according to law. [Approved January 24, 1895. Published in News January 25, 1895.] THE CITY OF LINCOLN. 557 Article VII. Electric Eighty Gas, and Oil Companies. AN ORDINANCE granting to the Electric Light Company the use of the streets, alleys, and public grounds within said city. And he it ordained by the Mayor and Council of the City of Lin- coln : 1551. § 1. That the Lincoln Electric Light Company and its successors and assigns be and hereby is authorized, subject to the conditions and limitations hereinafter contained, to establish, construct, maintain, and operate, within the corporate limits of the city of Lincoln, the necessary buildings, works, machinery, and structures, for the purpose of supplying electricity for il- luminating purposes, and to erect and maintain within said city and in and upon the streets, alleys, and public grounds thereof, posts, towers, poles, and other structures and appliances neces- sary for the support of wires used for conducting electricity for illuminating purjioses, under the direction of the City Council: Provided, That such poles, posts, towers, and appliances, shall be so placed and erected upon said streets and alleys as not to obstruct the use thereof for the purposes of travel. § 2. Said company, or its successors or assigns, shall, within six months after the approval of this ordinance, commence in good faith the erection of the works necessary for furnishing electricity for illuminating purposes, and within six months thereafter be })repared to furnish electricity for illuminating pur- j)oses, unless restrained or enjoined by some proceeding in law or equity. The time said company or its successors or assigns are so enjoined shall not be taken or considered as a part of the time hereinbefore limited. § 3. The city of Lincoln reserves the right to amend or repeal this ordinance at anytime. § 4. This ordinance shall take effect and be in force from and after its passage, a|)proval, and publication according to law. Passed April 14, 1884. Approved April 17, 1884. Pub- lished April 28, 1884. 558 SPECIAL CRPINANCES OF AN C)RI)INAN(n^ granting the use of the streets, lanes, alleys, public grounds, and sidewalks, in the citv of Lincoln to the Lincoln Gas Company. Approved March 12,1872. Be it ordained by the Mayor and Councilrnen of the City of Lin- coln : 1552. § 1. — Lincoln Gas Company. — That license and permission be and the same are hereby given and granted to the Lincoln Gas Company, of Lincoln, Nebraska, to erect, construct, and complete, gas works within the corporate limits of the city of Lincoln, afore.said ; and that said company is hereby author- ized and permitted to use and occupy the streets, lanes, alleys, public grounds, and sidewalks, of said city, for the purpose of laying down and repairing all pipes and other fixtures for con- ducting gas for light in and under the streets, lanes, alleys, pub- lic grounds and sidewalks of said city, or any future addition which may be made thereto. § 2. — Exclusive Privilege to. — The said Lincoln Gas Company shall have the exclusive right and privilege of furnish- ing illuminating gas in said city for a period of twenty-one years from the 9th day of March, 1872, and of using and occupying the streets, lanes, alleys, public grounds, and sidewalks, for the purposes specified in the first section of this ordinance. § 3. — Duties of Company. — The said Lincoln Gas Company shall manufacture and constantly supply (unavoidable delays and accidents excepted) the city and inhabitants of Lincoln, on streets where gas main-pipes are laid, with good quality of illu- minating gas, at a price not to exceed five dollars per one thou- sand feet. § 4. — When to Take Effect. — This ordinance is to take effect and be in force from and after its publication according to law. Rev. Ord. 1879, p. 48. AN ORDINANCE authorizing the Consolidated Tank Line Company of Hamilton county, Ohio, to construct and erect brick fire-proof buildings, iron tanks, and other necessary works for storing and handling petroleum and its products, and doing a general oil business, on block numbered four (4) in Cottage Home Addition to the city of Lincoln, and for the construction of railroad tracks upon and contiguous to said block. Be it ordained by the Mayor and Councilrnen of the City of lAn- coln : 1553. § 1. That the Consolidated Tank Line Company of Hamilton county, Ohio, a corporation duly organized under and THE CITY OF I.INCOLN. 559 by virtue of the laws of tlie state of Oliio, be and tlie same is hereby authorized to construct, erect aud maiutain, fire-j)roof buildings, out of brick or stoue, or other similar material, in con- formity to the fire ordinance of the city of Lincoln, on block num- bered four, (4,) in Cottage Home Addition to the city of Lincoln, for the purpose of storing and handling petroleum and its prod- ucts, and doing a general oil business in said buildings and upon said block in said city. § 2. That for the purpose of carrying on said business, author- ity is hereby given for the construction of any railroad tracks that may be agreed upon between the said corporation and any railroad company, in and upon any portion of the said block, or upon any street contiguous to the said block: ‘‘^Providingy how- ever. That said company shall pay all damages that may be sus- tained by property holders adjacent to such place of business or the track extending to the same, and shall in all respects hold the city of Lincoln harmless from any and all damages caused to any person, company, or corporation, by reason of the grant- ing of the rights and franchises contained in this ordinance, and said company’s use thereof.” § 3. This ordinance shall be in force and take effect from and after its passage, approval, and publication according to law.” Approved June 27, 1887. AN ORDINANCE to amend section one of an ordinance entitled “An ordinance grant- ing the use of tlie streets, lanes, alleys, public grounds, and sidewalks in the city of Lincoln to the Lincoln Gas Company,” approved March 12, 1872. Be it ordained by the Mayor and (huncil of the City of Lincoln: 1555. § 1. That section one of an ordinance entitled ‘^An or- dinance granting the use of the streets, lanes, alleys, public grounds, and sidewalks in the city of Lincoln to the Lincoln Gas Company,” approved March 12, 1872, be amended so as to read as follows: “§ 1. That license and permission be and the same are hereby given and granted to the Lincoln Gas Company, of Lincoln, Nebraska, to erect, construct, and complete gas works within the corporate limits of the city of Lincoln aforesaid; and the said company is hereby authorized and permitted to use and occupy the streets, lanes, alleys, public grounds, and sidewalks of the said city, for the purpose of laying down and repairing all pipes and other fixtures for conducting gas for light, fuel, and heat, in 660 SPECIAL ORDINANCES OF and under the streets, lanes, alleys, public grounds, and sidewalks of said city, or any future addition which may be made thereto, and to establish, construct, acquire, maintain, own, and operate within the corporate limits aforesaid of said city of Lincoln, the necessary buildings, works, machinery, aj)pliances, and structures for the purpose of furnishing and supplying electricity for the purpose of illumination and power for moving machinery and vehicles, and erect, acquire, own, and maintain within the cor- porate limits aforesaid, and in and upon the streets, lanes, alleys, public grounds, and sidewalk space of said city, or any future addition which may be made thereto, wires, or other conductors of electricity, for conducting electricity for illuminating or power purposes, and to erect, acquire, own, establish, and maintain within the corporate limits aforesaid, and in and upon the streets, lanes, alleys, public grounds, and sidewalk space of said city, or any future addition thereto, posts, poles, towers, and other struct- ures and appliances for the support of such wires or other con- ductors of electricity: Provided^ That such posts, poles, towers, and other structures and appliances, including wires and con- ductors of electricity, shall be so erected and placed as not to ob- struct the use of said streets, lanes, alleys, public grounds, and sidewalk space for the purpose of travel.’’ § 2. Th is ordinance shall take effect and be in force from and after its passage, approval, and publication according to law. [Passed June 16, 1890. Approved June 19, 1890. Pub- lished in News June 19, 1890.] Article VIII. Miscellaneous Ordinances. AN ORDINANCE authorizing the construction of a public well or reservoir for the purpose of supplying the city of Lincoln with water for a system of water-works, and for the purchase or condemnation of the necessary land therefor. Be it ordained by the Mayor and Council of the City of Lincoln: 1558. § 1. — Well, ETC., for Water- Works. — That a pub- lic well or reservoir be constructed, either within the limits of the city of Lincoln or at a conv^enient place as near thereto as practica- ble, for the purpose of supplying the city of Lincoln and the inhabitants thereof with water for a system of water-works. Said well or reservoir shall be located at such place, be of such THE CITY OP LINCOLN. 661 size, and tlie curbing and covering of such material as the Mayor and Council may deem for the best interests of the city for the purposes herein specified, and the purchase or condemnation of the necessary land therefor, and the necessary right of way thereto, is hereby authorized. § 2. — Land for, how Obtained, etc. — When the location of the well or reservoir shall have been established, as provided in the foregoing section, and the purchase price of the necessary land and the right of vvay thereto cannot be agreed upon, the Mayor and Council may elect by ballot five disinterested house- holders as a commission to assess all damages to property and real estate to the person or persons whose property and real es- tate shall be taken or damaged by reason of the appropriation to the city of Lincoln of the property and real estate herein pro- vided for. In case of death, absence, refusal, or neglect, of any of said householders to act as a commission as aforesaid, the Mayor and Council shall elect others to fill the panel as pro- vided herein. § 3. — Commission to Appraise, etc. — It shall be the duty of such commissioners, after subscribing to an oath faithfully and impartially to make the assessment submitted to them, to inspect the property and real estate and assess the damages which the owner thereof will sustain by the appropriation of the same to the use of said city for the purposes herein provided, and to make re[)ort thereof in writing to the City Council of said city, which report shall be S[)read at length upon the rec- ords of said city. Said commissioners shall receive two dollars per day each for their services, which amount shall be paid by the city out of the water fund.” § 4. — Appraised Value Deposited, etc. — Before enter- ing upon the property and real estate approved by said commis- sioners, the Mayor and Council shall cause to be deposited the amount of such appraisement with the City Treasurer for the use and benefit of the persons to whom the same is payable, and when such deposit is made, the Mayor and Council shall be authorized to enter and construct such well or reservoir. § 5. Clerk to Notify. — As soon as said commissioners are elected, as herein provided, it shall be the duty of the City Clerk to notify all parties interested in the proposed appropriation, of such election and the time such assessment will be made. Such notice shall be delivered to such persons or left at their usual place of residence. As soon as said commissioners make their 562 SPECIAL ORDINANCES OF report, and the amount thereof is deposited as herein provided, said clerk shall cause the same to be filed and recorded in the County Clerk’s office of Lancaster county, Nebraska. §6. — When TO Take Effect. — Tliis ordinance shall take effect and be in force from and after its passage, approval, and publication according to law. Passed January 16, 1882. Approved February 7, 1882. Published February 8, 1882. Article IX. Railroad Bonds. AN ORDINANCE calling a special election for the city of Lincoln, for the purpose of enabling the legal voters of said city to vote npon a proposition to issue and give the bonds of said city to the Fremont, Elkhorn & Missouri Valley Railroad Com- pany, to the amount of fifty thousand dollars ($50,000), to aid in the construction of said company’s railroad. Be it ordained by the Mayor and Councilmen of the City of Lin- coln : 1559. § 1. That a special election is hereby called to be held in the city of Lincoln, in the county of Lancaster, state of Ne- braska, on the seventh (7th) day of November, A. D. 1885, at the places hereinafter specified in each ward of said city, for the purpose of enabling the legal voters of said city to vote upon the following proposition, that is to say: Shall the city of Lincoln, in the county of Lancaster, state of Nebraska, issue its bonds to the amount of fifty thousand dollars ($50,000) with interest coupons thereto attached, payable to bearer twenty years after their date, and drawing interest at the rate of five per centum per annum, payable semi-annually on the 1st days of January and July of each year; said bonds to be dated on the 1st day of July, 1886, interest and principal payable at the banking house of Kountze Brothers, in the city of New York; said bonds to be issued and delivered to the Fremont, Elkhorn & Missouri Valley Railroad Company. Provided, Said railroad company shall construct its line of rail- road of the standard gauge, from its line already constructed at or near the city of Fremont, in said state, to and into the said city of Lincoln, on or before the first day of November, 1886, such bonds to be issued and delivered to said company when said railroad shall have been so constructed and continuous trains run thereon, THE CITY OF LINCOLN. 563 to and into said city, and when said railroad company shall have provided within the limits of said city, station grounds and de- pots for handling freight and for the accommodation of passen- gers. And shall the proj er officers of said city, in addition to the usual taxes, annually cause to be levied a tax on the taxable prop- erty in said city, sufficient to pay the interest on said bonds as such interest shall become due and payable, and also after ten years from the date of said bonds, annually levy a tax on the taxable property of said city, in addition to all other taxes, suf- ficient to pay the principal at maturity. § 2. The places where the vote upon the foregoing proposition shall be had and taken in said city of Lincoln, shall be as fol- lows, to- wit: First ward, at city scales. Second ward, at the engine house. Third ward, at Byer’s shop. Fourth ward, at Howard^s shop. And the ballots voted at said election shall have written or printed thereon, or partly written and printed thereon, the words: ‘‘Bonds and tax for the Frement, Elkhorn & Missouri Val- ley Railroad Company ; yes;’^ or, “Bonds and tax for the Fre- mont, Elkhorn & Missouri Valley Railroad Company; no.” § 3. Should two-thirds (f) or more of the ballots cast at said election have written or printed, or partly written and partly printed thereon, the words, “ Bonds and tax for the Fremont, Elkhorn & Missouri Valley Railroad Company, yes;” then the foregoing proposition shall be considered as adopted, and the Mayor and Council of said city shall be authorized to issue said bonds and levy such tax at the time, for the purpose, and upon the conditions, specified in such proposition. § 4. There shall be three judges and two clerks appointed by the Mayor and Council for each ward, and the judges and clerks so appointed shall perform the duties at such election which de- volve upon judges and clerks of election for city officers, and the returns of said election shall be made by tlie judges and clerks thereof to the Mayor and Council of said city, who shall canvass the vote and declare the result thereof at the first regu- lar meeting after such election, or as soon thereafter as practica- ble. § 5. The proposition for the issuance of such bonds and the levying of the tax as hereinbefore contained, shall be published 564 SPECIAL ORDINANCES OF for at least four weeks in the weekly State Journal^ a newspaper published in said city, and of general circulation therein. § 6. The polls at said election shall be open at nine o’clock in the forenoon and continue open until 7 oclock in the afternoon of the same day. § 7. This ordinance shall take effect and be in force from and after its passage and publication according to law. Approved October 6, 1885. AN ORDINANCE to submit to the electors of the city of Lincoln, Nebraska, a proposi- tion to vote $50,000 of the bonds of the city for the purpose of aiding the construction of a railroad into the city of Lincoln, Nebraska, by the Missouri Pacific Railway Company, and to provide a tax for the payment thereof. Be it ordained by the Mayor and Councilmen of the City Council of the City of Lincoln : 1560. § 1. That a special election be held in the several wards of said city for the purpose of taking the vote of the electors of said city upon a proposition to be submitted to them, a copy of which is hereto annexed. That said election shall be held on the 10th day of October, 1885, at the places hereinafter men- tioned of voting in the several wards, and shall be opened at 8 o’clock A. M. of said day and remain open until 6 o’clock of the afternoon of said day. The question on said proposition shall be taken by ballots, and upon each of the ballots shall be printed or written the words, ‘^For railroad bonds;” or, ‘^Against rail- road bonds.” If more than two-thirds of the ballots cast have thereon the words, ^‘For railroad bonds,” then it shall be deemed and taken that the vote is in favor of the adoption of the said proposition. And if one-third or more of the ballots shall have upon them the words, “Against railroad bonds,” then the propo- sition shall be deemed to have been defeated. The said election shall be conducted and the result ascertained in the manner pre- scribed by law for general elections, so far as such law is appli- cable, and according to the laws provided for elections upon such propositions. And due record shall be made of the said vote and the canvass thereof and the result of said election as declared by the proper authorities, and publication of the same shall be made according to law in such case made and provided. § 2. If at the election provided in the said proposition more than two-thirds of the persons voting thereat shall vote in favor of the same, such bonds shall be of the denomination of $1,000 and duly executed by the proper officers of the city, and shall THE CITY OF LINCOLN. 565 be deposited in the hands of a trustee to be agreed upon between the Mayor and said company, to be held by him and delivered nj)on the terms and conditions specified in the said proposition. Tliey shall have annexed thereto interest coupons in the usual form, and be sealed with the seal of the city, and be payable at the office of Kountze Brothers, bankers, in the city of New York. § 3. The places of holding such election shall be as follows: First ward, at city scales. Second ward, at engine house. Third ward, Byer’s shop. Fourth ward, Howard^s shop. § 4. The Mayor shall make due proclamation of the said elec- tion, setting forth at length therein thi- ordinance and said propo- sition, and the same shall be published for four weeks before said election in the Weekly Nebraska State Journal newspaper, and posted at each of the polling places above mentioned, so that the same may be read by all of the electors. § 5. This ordinance shall take effect and be in force from and after its passage. Shall the city of Lincoln, in the county of Lancaster and state of Nebraska, issue and donate to the Missouri Pacific Railway Company its bonds to the amount of fifty thousand ($50,000) dollars, to bear date on the first day of November, 1885, and be payable twenty years after date, with interest at the rate of 5 per cent per annum, payable semi-annually; interest to begin to run from the first day of January, 1886, and be payable on the first day of July and January of each year thereafter until the maturity of said bonds, principal and interest payable at the bank of Kountze Brothers, in the city of New York? And shall the proper officers of said city, in addition to the usual taxes, annually cause to be levied a tax on the taxable property in said city sufficient to pay the interest on said bonds as such interest shall become due and payable; and also such further sum as may be necessary to create a sinking fund to pay the principal of said bonds at their maturity? The said bonds are to be issued and donated to said railroad company in order to aid it to construct its railroad from a point on its line already constructed in this state, to and into the city of Lincoln. Said railroad shall be a first-class railroad of stand- ard gauge, and connected with the line of said company already constructed, so that continuous trains may be run thereon from its said constructed line into said city, the said already con- 566 SPECIAL ORDINANCES OF struced line being taken for the purposes of this stipulation as a first-class standard-gauge road. Active work of the construc- tion of said railroad shall begin within thirty days from the election adopting this proposition and from the time when its adoption shall be duly declared, so that the issue of said bonds shall be authorized by law, and said railroad shall be completed by the first day of September, 1886. Thirty days after the active work of constructing said railroad shall have begun, said bonds shall be deposited in the hands of a trustee to hold the same in trust for said company and said city. If by the first day of September, 1886, the said railroad company shall com- plete said railroad, with a necessary depot for freight and pas- sengers at said city and other appurtenances, and run regular trains thereon from its already constructed line in this state to and into the said city of Lincoln, the said trustee shall deliver said bonds to said company so soon as said railroad, with depot and appurtenances, shall be completed as aforesaid and cars run- ning as aforesaid. But if said railroad company shall fail to build and complete said railroad with depot and appurtenances at said city by the day last aforesaid, and run regular trains thereon from its already constructed line to and into the city of Lincoln, then the said trustee shall deliver said bonds to the Mayor of said city to be canceled. Two-thirds of the electors voting at said election must vote for this proposition or it will not be adopted, and said bonds shall not be delivered to said trustee or said company. Approved September 9, 1885. AN ORDINANCE to submit to the electors of the city of Lincoln, Nebraska, a propo- sition to vote f20,000 of bonds of the city for the purpose of aiding the construc- tion of a railroad into the city of Lincoln, Nebraska, by the Mis.souri Pacific Rail- way Company, and to provide a tax for the payment thereof. Be it ordained by the Mayor and Councilmen of the City Coun- cil of the City of Lincoln : 1561. § 1. That a special election be held in the several wards of said city for the purpose of taking the vote of the electors of said city upon a proposition to be submitted to them, a cojty of which is hereto annexed. That said election shall be held on the 9th day of January, 1886, at the places hereinafter mentioned of voting in the several wards, and shall be opened at nine o’clock A. M. of said day, and remain open until seven o’clock of the afternoon of said day. The question on said proposition shall TIIK CITY OF LINCOLN. 5G7 be taken by ballot, and upon each of the ballots shall be printed or written the words, “For railroad bonds;” or, “Against rail- road bonds.” If more than two-thirds of the ballots cast have thereon the words “For railroad bonds,” then it shall be deemed and taken that the vote is in favor of the adoption of the said proposition. And if one-third or more of the ballots shall have upon them the words “Against railroad bonds,” then the propo- sition shall be deemed to have been defeated. The said election shall be conducted and the result ascertained in the manner pre- scribed by law for general elections, so far as such law is a[)pli- cable, and according to the laws provided forelections upon such propositions. And due record shall be made of the said vote and the canvass thereof and the result of said election as declared by the proper authorities, and publication of the same shall be made according to the law in such case made and provided. § 2. If at the election provided in the said proposition more than two-thirds of the persons voting thereat shall vote in favor of the same, such bonds shall be of the denomination of |1,000, and duly executed by the proper officers of the city, and shall be deposited in the hands of a trustee, to be agreed upon between the Mayor and said company, to be held by him and delivered upon the terms and conditions specified in the said })roj)osition. They shall have annexed thereto interest coupons in the usual form, and be sealed with the seal of the city, and be payable at the office of Kountze Brothers, bankers, in the city of New York. § 3. The places of holding such election shall be as follows: First ward, at city scales. Second ward, at engine house. Third ward, at Byer’s shop. Fourth ward, at Howard’s shop. § 4. The Mayor shall make due proclamation of the said elec- tion, setting forth at length therein this ordinance and said propo- sition, and the same shall be published for four weeks before said election in the weekly Nebraska State Journal newspaper, and posted at each of the polling places above mentioned, so that the same may be read by all of the electors. § 5. This ordinance shall take effect and be in force from and after its passage, approval, and publication accoriling to law. Shall the city of Lincoln, in the county of Lancaster and state of Nebraska, issue and donate to the Missouri Pacific Railway Company its bonds to the amount of twenty thousand ($20,000) 568 SPECIAL ORDINANCES OF dollars, to bear date on the first day of January, 1886, and to be payable twenty years after date, with interest at the rate of five per cent per annum, payable semi-annually; interest to be- gin and run from date, and be payable on the first day of July and January of each year thereafter until the maturity of said bonds, principal and interest payable at the bank of Kountze Brothers in the city of New York? And shall the proper officers of said city, in addition to the usual taxes, annually cause to be levied a tax on the taxable property in said city sufficient to pay the interest on said bonds, as such interest shall become due and payable; and also such further sum as may be necessary to create a sinking fund to pay the principal of said bonds at their maturity? The said bonds are to be issued and donated to said railroad company in order to aid it to construct its railroad from a point on its line already constructed in this state to and into the city of Lincoln ; said railroad shall be a first-class railroad of stand- ard gauge, and connected with the line of said company already constructed, so that continuous trains may be run thereon, from its said constructed line into said city, the said already con- structed line being taken for the purposes of this stipulation as a first-class standard-gauge road. Said railroad shall be completed by the first day of September, 1886. Thirty days after the elec- tion accepting this proposition, said bonds shall be deposited in the hands of a trustee to hold the same in trust for said com- pany and said city. If by the first day of September, 1886, the said railroad company shall complete said railroad, with a neces- sary depot for freight and passengers at said city, and other ap- purtenances, and run regular trains thereon from its already constructed line in this state, to and into the said city of Lincoln, the said trustees shall deliver said bonds to said company as soon as said railroad, with depot and appurtenances, shall be completed as aforesaid and cars running as aforesaid. But if said railroad company shall fail to build and complete said railroad, with de- pot and appurtenances, at said city by the day last aforesaid, and run regular trains thereon from its already constructed line to and into the city of Lincoln, then the said trustees shall deliver said bonds to the Mayor of said city to be canceled. Two-thirds of the electors voting at said election must vote for this proposi- tion or it will not be adopted, and said bonds shall not be deliv- ered to said trustee or said company. Approved December 8, 1885. THE CITY OF LINCOLN. 5G9 AN OKDlNANcno to i>rovi(le lor culling' u spechil election in tlie city of Lincoln, Ne- braska, to submit to the legal voters of said city the question of aiding the (diicago. Rock Island and Racilic Railway Company in constructing its railroad from a point in, or in the vicinity of. South Omaha to said city of Lincoln, by issuing to said company the bonds of said city of Lincoln in the amount of fifty thousand dollars, and for the levy of an annual tax to pay the interest on such bonds, and also for the levy of such additional tax as will create a sinking fixnd sufficient to pay the principal of such bonds at their maturity. Be it ordained by the Mayor and Council of the City of Lincoln: 1562. § 1. That a special election be and the same is hereby called to be held in said city of Lincoln, in the county of Lan- caster, in the state of Nebraska, on Tuesday, the 26th day of June, 1890, for the purpose of submitting to the legal voters of said city the following question and proposition, that is to say: Shall the city of Lincoln, in the county of Lancaster, in the state of Nebraska, aid the Chicago, Rock Island and Pacific Railway Company, a corporation of the state of Nebraska, in constructing its railroad from a point in, or in the vicinity of. South Omaha, in said state, to said city of Lincoln, by issuing to the said rail- way company fifty bonds of said city, of the denomination of one thousand dollars each; said bonds to be dated on the first day of October, 1890, and payable to the bearer at the fiscal agency of said state of Nebraska in the city of New York, twenty years after the date thereof; to be redeemed at the option of said city at the fiscal agency aforesaid at any time after ten years from the date thereof, and to bear interest at the rate of five per centum per annum, payable semi-annually on the first day of January and July of each year, for which interest coupons shall be at- tached, payable at the fiscal agency aforesaid? And, shall the Mayor and Council of said city of Lincoln, or other person or persons charged by law with levying the taxes for said city for the time being, cause to be levied semi-annually, on all the tax- able property of said city, a tax sufficient for the payment of the interest on said coupon bonds as it shall become due, and also cause to be levied such additional annual tax as shall create a sinking fund sufficient to pay the principal of said bonds at their maturity? Provided^ That said city shall only be liable to pay the interest on said bonds from the time said railway company shall become entitled to receive the same as hereinafter provided : And Provided further ^ That said bonds shall be issued to said railway company when said railway company shall construct its line of railroad of the standard gauge from a point in, or in the vicinity of. South Omaha, Nebraska, to and into the city of Lin- coln, Nebraska, on or before the first day of July, 1891, such 570 SPECIAL ORDINANCES OF bonds to be issued and delivered to said company when said rail- road shall have been so constructed, and continuous trains run- ning thereon to and into said city of Lincoln, and when said rail- way company shall have provided, within the limits of said city, station grounds and depots for handling freight and for accom- modation of passengers : And Provided further^ That said bonds shall be issued by the proper authorities and officers of said city, by said officers preparing, signing, sealing said bonds, and deliv- ering the same to said railway company upon the full perform- ance, by said company, of each and all of the conditions prece- dent, set forth in this ordinance. § 2. The places where the vote upon the foregoing proposition shall be had and taken in said city of Lincoln shall be as fol- lows, to-wit: First ward, at Engine House No. 1. Second ward, at Ensign^s livery barn. Third ward, at 1320 O street. Fourth ward, at the Lindell hotel. Fifth ward, at Stutheit’s grocery store. Sixth ward, at Nightingale’s store, corner 27th and O streets. Seventh ward, at Brown’s lumber yard. § 3. At the special election so called and to be held, the ques- tion set forth in section one of this ordinance shall be taken and submitted to the legal voters of said city in the following form, that is to say : The form of the ballots to be used in such elec- tion in favor of said question and proposition shall be as follows : “For the issue of bonds in aid of the Chicago, Rock Island and Pacific Railway Company and the levy of taxes to pay the in- terest thereon and principal thereof.” And the form of the bal- lots to be used at such election against said question and proposi- tion shall be: “Against the issue of bonds in aid of the Chicago, Rock Island and Pacific Railway Company and the levy of taxes to pay the interest thereon and the principal thereof.” § 4. Should two-thirds (f) or more of the ballots cast at said election have written or printed, or partly written and partly printed thereon, the words “For the issue of bonds in aid of the Chicago, Rock Island and Pacific Railway Company and the levy of taxes to pay the interest thereon and the principal thereof — Yes,” then the foregoing proposition shall be considered as adopted, and the Mayor and Council of said city shall be au- thorized to issue said bonds and levy such tax at the time, for the purpose of, and upon the condition specified in such proposi- TUK CITY OF I.INCOLN. 571 tioii. And the bonds so voted shall be signed by the Mayor and City Clerk as provided by law: Provided, That said bonds shall not be issued, signed, sealed, or delivered to said railway com- pany until said railroad shall be built and completed, with pas- senger and freight trains running daily, both ways, for the pur- pose of carrying passengers and freiglit, between a point in the vicinity of the city of South Omaha, Nebraska, and the city of Lincoln, Nebraska. § 5. There shall be three (3) judges and two (2) clerks ap- pointed by the Mayor and Council for each of the wards of said city, and the judges and clerks so appointed shall perform the duties at such election which devolve upon the judges and clerks of election for city officers, and the returns of said election shall be made up by the judges and clerks thereof, and the Mayor and Council of said city shall canvass the vote and declare the result thereof at the first regular meeting after such election, or as soon thereafter as practicable. § 6. The {)roposition for the issuance of such bonds and the levying of the tax as hereinbefore contained shall be published for at least four (4) weeks in some newspaper of general circula- tion published in said city. § 7. The polls at said election shall be open at 9 o’clock in the forenoon, and continue open until 7 o’clock in the afternoon of the same day. § 8. This ordinance shall take effect and be in force from and after its passage and })ublication according to law. [Passed May 27, 1890. Approved May 27, 1890.] AN ORDINANCE to authorize the city of Lincoln to issue and deliver bonds to the amount of ^50,000 to the Chicago, Rock Island and Pacific Railway Company. 1563. Whereas, At a special election held in the city of Lincoln, Nebraskn, on the 26th day of June, 1890, to vote upon a proposition submitted by an ordinance calling a special election in the city of I./incoln, Nebraska, for the purpose of enabling the legal voters of Lincoln to vote njion a jiroposition as follows: “Shall the city of Ijincoln, in the county of Lancaster, in the state of Nebraska, aid the Chicago, Rock Island and Pacific Railway Company, a corporation in the state of Nebraska, in constructing its railroad from a point in the vicinity of South Omaha, in said state, to the city of Lincoln, by issuing to said railway company fifty bonds of said city, in the denomination of 672 SPECIAL ORDINANCES OF one thousand dollars each, said bonds to be dated the first day of October, 1890, and payable to the bearer at the fiscal agency of said city of Lincoln, Nebraska, in the city of New York, twenty years after the date thereof, to be redeemed at the option of said city at the fiscal agency aforesaid at any time after ten years from the date thereof, and to pay interest at the rate of five per centum per annum, and payable semi-annually on the first days of January and July, in each year, for which interest coupons shall be attached, payable at the fiscal agency as afore- said; and shall the Mayor and Councilmen of said city of Lin- coln, or other person or persons charged by law with levying the taxes for said city, for the time being, cause to be levied semi- annually on all taxable property of said city a tax sufficient for the payment of the interest on said coupon bonds as it shall be- come due, and also cause to be levied such additional annual tax as shall create a sinking fund sufficient to pay the principal of said bonds at their maturity and Whereas, It has been ascertained by the canvass of the votes cast at said election that the proposition contained in said ordinance was carried by the requisite majority, of more than two-thirds of all votes cast at said election ; therefore Be it ordained by the Mayor and Councilmen of the City of Lin- coln : § 1. That the city of Lincoln is hereby authorized to issue coupon bonds in denomination of $1,000 each, to the amount of $50,000, payable to the bearer twenty years after date, and re- deemable at the option of said city at any time after ten years from the date thereof, said bonds to be dated October 1st, 1890, and to draw interest at the rate of 5 per cent per annum, paya- ble semi-annually at the fiscal agency of the state of Nebraska in the city of New York, said bonds to bear interest from Jan- uary 1st, 1892. § 2. Said bonds shall be signed by the Mayor and attested by the Clerk of said city, who shall affix thereto the seal of the city of Lincoln, and the attached coupons shall have the signa- ture of the Mayor and Clerk thereto, and thereupon to be de- livered to said company. § 3. This ordinance shall take effect and be in force from and after its passage, approval, and publication according to law. ] Passed March 15, 1892. Approved March 17,1892. Pub- lished in Stin March 19, 1892.] THE CITY OF LINCOLN. 573 Article X. Paving Districts. AN ORDINANCE to amend section 1 of an ordinance entitled “An ordinance creating paving district No. one (1) in the city of Lincoln,” approved April 9, 1887, and the better to define the limits of said district. Be it ordained by the Mayor and the Council of the City of Lin- coin : 1564. § 1. That section 1 of an ordinance entitled “An ordi- nance creating paving district No. one (1) in the city of Lin- coln,’^ approved April 9, 1887, be amended so as to read as follows: That paving district No. one (1) in the city of Lincoln be and the same is hereby created, and said paving district to include that portion of O street in said city from the west side of Seventh street to the east side of Ninth street; also that portion of N street in said city from the west side of Seventh street to the east side of Ninth street; also that portion of P street in said city from the west side of Seventh street to the east side of Ninth street; also that portion of Q street and R street in said city from the west side of Seventh street to the east side of Ninth street; also tliat portion of S street in said city from the west side of Eighth street to the east side of Ninth street; also that portion of Seventh street in said city from the south side of N street to the north side of R street; also that portion of Eighth street in said city from the south side of N street to the north side of S street ; also that portion of Ninth street in said city from tlie south side of N street to the north side of S street, witli all estate on both sides of said N, O, P, Q, R, and S streets, and Seventh, Eighth, and Ninth streets, to the depth of one hundred and fifty (150) feet. § 2. This ordinance shall take effect and be in force from and after its approval and publication according to law. Approved this 6th day of June, A. D. 1887. 574 SPECIAL ORDINANCES OF AN ORDINANCE to amend section 1 of an ordinance entitled “An ordinance creating paving district No. 2 in the city of Lincoln,” approved April 9, 1887, and the better to define the limits of said district. Be it ordained by the Mayor and Couneil of the City of Lincoln: § 1. That section 1 of an ordinance entitled ^‘An ordinance creating paving district No. 2 in the city of Lincoln/’ approved April 9, 1887, be amended so as to read as follows: That pav- ing district No. 2 (two) in the city of Lincoln be and the same hereby is created, the said paving district to include that portion of N and O and P streets in said city from the east side of Ninth street to the west side of Fourteenth street; also all that portion of Q street in said city from the east side of Ninth street to the east side of Eleventh street; also all that portion of Tenth street in said city from the north side of N street to the south side of Q street; also all that portion of Eleventh street in said city from the south side of J street to the south side of Q street; also all that jiortion of Twelfth street in said city from the north side of N street to the south side of P street; also all that portion of Thirteenth street in said city from the north side of N street to the south side of P street, and all estate on both sides of said N, O, P, Q, Tenth, Eleventh, Twelfth, and Thirteenth streets, to the depth of one hundred and fifty (150) feet. § 2. This ordinance shall take effect and be in force from and after its approval and publication according to law. Approved this 6th day of June, A. D. 1887. AN ORDINANCE creating paving districts numbers 3, 4. b, 6, 7, and 8 in the city of Lincoln, defining the limits of said districts, and establishing the width of roadway of streets in said districts between curb lines, and repealing “An ordinance creating paving districts Nos. 3, 4, and 5 in the city of Lincoln,” approved February 2, 1888. Be it ordained by the Mayor and City Council of the City of Lin- coln : 1565. § 1. That paving district No. 3, in the city of Lincoln, be and the same is hereby created. The said paving district shall include that portion of O street, in said city, from the west line of Fourteenth street to the west line of Twenty-seventh street, and all estate on both sides of O street to the depth of 150 feet. The roadway between curb lines shall be seventy feet in width. § 2. That paving district No. 4, in the city of Lincoln, be and the same is hereby created, the said paving district to include that portion of N street from the west line of Fourteenth street THE CITY OF LINCOEN. 675 to the west line of Sixteenth street, M street from the east line of Eleventh street to the west line of Sixteenth street, Twelfth and Thirteenth streets from the south line of N street to the north line of M street, and Fourteenth and Fifteenth streets from the south line of O street to the north line of M street, and all estate on both sides of said streets to the depth of 150 feet. The road- way between curb lines on all streets 100 feet wide shall be sixty feet, and on all streets 120 feet wide shall be seventy feet. § 3. That paving district No. 5, in the city of Lincoln, be and the same is hereby created, the said paving district to include that ])ortion of P street from the east line ot Fourteenth to the west line of Sixteenth streets, street from the east line of Elev- etith street to the west line of Sixteenth stieet, R street from the east line of Ninth street to the west line of Seventeenth street, S street from the east line of Ninth street to the west line of Tenth street, Ninth street from the north line of S street to the south line of T street, Tenth street from the north line of Q street to the south line of T street. Eleventh street from the north line of Q, street to the south line of R street. Twelfth street from the north line of P street to the south line of R street. Thirteenth street from the north line of Pstieet to the south line of Rstreet, Fourteenth street from the north line of O street to the south line of U street, Ffteenth street from the north line of O street to the south line of P street, Sixteenth street from the north line of Q street to the south line of V street, and all estate on both sides of said streets to the depth of 150 feet. The roadway l>e- tween curbs shall be as follows, to-wit: Ninth, Tenth, Eleventh, Sixteenth, and that portion of R street between Ninth and Tenth streets, shall be fifty feet in width, S street between Ninth and Tenth shall be fifty feet in width, P and Q streets shall be forty feet in width, and that portion of R street from the east line of Tenth to the west line of Seventeenth shall be forty feet in width, and Fifteenth street, between O and P, shall be sixteen feet in width, and Fourteenth street from O to south line of U street shall be forty feet wide. § 4. That paving district No. 6, in the city of Lincoln, be and the same is hereby created, the said paving district to include that ])ortion of L street from the east line of Eleventh street to the west line of Sixteenth street, K street from the east line of Eleventh street to the west line of Sixteenth street, J street from the west line of Eleventh street to the west line of Fourteenth street^ Twelfth street from the south line of M street to the north 576 SPP]CIAL ORDINANCES OF line of J street, Thirteenth street from the south line of M street to the north line of J street, Fourteenth street from the soutli line of M street to the north line of H street. Fifteenth street from the south line of M street to the north line of K street, and all estate on both sides of said streets to the depth of 150 feet. The roadway between the curb lines shall be as follows, to-wit: All streets in district to have roadway forty feet in width ex- cepting Fifteenth street between M and K streets, and J street from Eleventh street to Fourteenlh street, which shall have a roadway of fifty feet in width. § 5. That paving district No. 7, in the city of Lincoln, be and the same is hereby created, the said paving district to include that portion of Ninth street from the south line of N street to to the north line of H street. Tenth street from the south line of N street to the north line of G street, H street from the east line of Ninth street to the west line of Tenth street, and J, K, L, and M streets from the east line of Eighth street to the west line of Eleventh street, and all estate on both sides of said streets to the depth of 150 feet. The roadway between curb lines shall be as follows, to-wit: Tenth street from N street to J street, and Ninth street from N street to H street, shall be fifty feet in width. Tenth street from J street to G street shall be forty feet in width, and H, J, K, and L streets shall be forty feet in width, and M street from Eighth street to Eleventh street shall be sixty feet in width. § 6. That paving district No. 8, in the city of Lincoln, be and the same is hereby created, the said paving district to include that portion of Eleventh street from the south line of J street to the north line of C street, and D, E, F, G, and H streets from the east line of Tenlh street to the west line of Twelfth street, and all estate on both side of saids streets to the depth of 150 feet. The roadway between curb lines shall be as follows, to-wit: Eleventh street from the south line of J street to the north line of C street shall be fifty feet in width, and D, E, F, G, and H streets, from the east line of Tenth street to the west line of Twelfth street, shall be forty feet in width. § 7. That an ordinance entitled. An ordinance creating paving districts Nos. 3, 4, and 5 in the city of Lincoln, and approved February 2, 1888, shall be and the same is hereby repealed. § 8. That this ordinance shall take effect and be in force from and after its approval and publication according to law. A Improved February 23, 1888. THE CITY OF LINCOLN. 677 AN ()RI)INAN(:K to amend section 1 of an ordinance entitled “An ordinance creating paving districts numbers B, 4, 5, 6, 7, and 8 in the city of Lincoln, defining the limits of said districts, and establishing the width of roadway of streets in said districts between curb lines, and repealing an ordinunce creating paving districts Nos. 3, 4, and 5 in the city of Lincoln, approved February 2, 1888.” Approved February 23, 1888. Be it ordained by the Mayor and Council of the City Lincoln^ Nebraska : 1567. § 1. That section 4 of the above described ordinance be and the same is hereby amended to read as follows: Sec. 4. That paving district No. 6, in the city of Lincoln, be and the same is hereby created, the said paving district to include that portion of L street from the east line of Eleventh street to the west line of Sixteenth street, K street from the east line of Eleventh street to the west line of Sixteenth street, J street from east line of Eleventh street to the west line of Fourteenth street. Twelfth street from the south line of M street to the north line of J street, Thirteenth street from the south line of M street to the north line of J street. Fourteenth street from the south line of M street to the north line of H street. Fif- teenth street from the south line of M street to the north line of K street, and all estate on both side of said streets to the depth of 150 feet. The roadway between the curb lines shall be as follows, to-wit : All streets in district to have roadways forty feet in width, excepting Fifteenth street betweeti M and K streets, J street from Eleventh to Fourteenth, K street from Fourteenth to Sixteenth, and Fourteenth street from K to north line of H street, which shall have a roadway of fifty feet in width. § 2. That section 4, as now existing, be and the ^ame is hereby repealed. This ordinance shall be in force and take effect from and after its passage and approval and publication according to law. Approved September 7, 1889. AN ORDINANCE creating paving district number 13 in the city of Lincoln, defining the limits of said district, and establishing the width of roadway of streets in said district between the curb lines. Be it or darned by the Mayor and Council of the City of Lincoln : 1570. §1. That paving district number thirteen (13), in the city of Lincoln, be and the same is hereby created, and the said jiaving district shall include that portion of Sixteenth street in said city from the north line of O street northward to the north 26 578 SPECIAI. ORDINANCES OF line of Q street, and all estate on both sides of said Sixteenth street to the depth of 150 feet. The roadway in said district between curb lines shall be 50 feet in width. § 2. This ordinance shall take effect and be in force from and after its passage, approval, and ])ublication according to law. [Passed March 28, 1890. Approved March 31, 1890.] AN (JROINANCE creating paving district nnniber 17, in tlie city of Lincoln, defining the limits of said district, establishing the widtli of the roadways of streets in said district between enrb lines, and ordering the paving of said district. Be it orddinecl by the 3Iayor and Council of the City of Lincoln : 1574. § 1. That paving district number 17, in the city of Lincoln, be and the same is hereby created, and the said paving district shall include that portion of Fifteenth street in .said city, from the south side of H street .southward to the north side of A street and including the real estate on both sides of said street to the depth of 150 feet. § 2. That, Whereas, A majority of the property owners of the feet frontage on said Fifteenth street, commencing at the south side of H street and extending to the north side of A street, have jietitioued for the laying out of said street as a boulevard, and the parking of the same, it is hereby ordered that said street or district shall be macadamized, and that the roadways shall be twenty-five (25) feet in width, commencing at an established curb line which shall be twenty feet from the lot line, and that the thirty (30) feet in the center of said street shall be seeded with grass and planted with trees and otherwise orna- mented, the same extending from the .south side of H street to the north side of A street : Provided, however, That said mac- adamizing, parking, beautifying, and improving will be done subject to the approval of the Board of Public Works and City Engineer, and under such reasonable regulations as they may provide. § 3. That at the intersection of streets, along said Fifteenth street, the intersection shall be eighty feet wide, and that the said intersection shall be macadamized to the full width of eighty (80) feet. § 4. This ordinance shall take effect and be in force from and after its pa.ssage, approval, and publication according to law. [Passed the 8th day of September, A. D. 1890. Approved the 8th day of September, A. D. 1890.] THE CITY OF LINCOLN. 579 AN ORDINANCE creating paving district No. 20. Be it ordained by the Mayor and City Council: 1575. Tliat paving district No. 20 is hereby created and shall embrace Twenty-fifth (25th), Twenty-sixth (26th), and Twenty- seventh (27th) streets from O street to the south side of N street, and N street from Twenty-fifth to Twenty -seventh streets, and the real estate one hundred and fifty feet on either side of said streets. The roadway between said curb lines shall be forty feet. This ordinance shall take effect and be in force from and after its passage and publication according to law. [Passed December 22, 1890. Approved December 26, 1890.] AN ORDINANCJ] to amend an ordinance entitled “An ordinance creating paving dis- trict No. 12 in the city of Lincoln, Nebraska, defining the limits of said district, and establishing the width of roadway in said streets,” passed January 20, 1800, and ap- proved January 21, 1890. Be it ordained by the Mayor and Council of the City of Lincoln^ Nebraska : 1576. That section one of an ordinance entitled ‘‘An ordi- nance creating paving district No. 12’’ be amended to read as follows : “§ 1. That paving district No. 12, in the city of Lincoln, be and the same is hereby created, and the said district shall com- prise and include all that part of Seventeenth street lying between L street and South street and including all estate on both sides of said Seventeenth street between L and South street to the depth of 150 feet on each side, the roadway in said district to be forty feet in width between the curb lines.” § 2. This ordinance shall be in force and effect from and after its passage, approval, and publication according to law. [Passed December 29, 1890. Approved December 31, 1890.] AN ORDINANCE creating paving district No. nineteen (19) in the city of Lincoln, de- fining the limits of said district, and establishing the width of roadway of streets in said district between curb lines. Be it ordained by the Mayor and Council of the City of Lincoln : 1577. § 1. That paving district number nineteen (19), in the city of Lincoln, be and the same is hereby created, and the said paving district shall include that portion of L and M street in said city from the west side of 16th street to the east side of 19th |treet^ and also 16th, 17th, 18th, and 19th streets from the south 580 SPECIAL ORDINANCES OP side of N street to the south side of L street, and all estate on both sides of said streets to the depth of 150 feet. The roadway in said district between curb lines shall be forty feet in width. § 2 This ordinance shall take elfect and be in force from and after its passage, approval, and publication according to law. [Passed 29th day of December, A. D. 1890. Approved 31st day of December, A. D. 1890.] AN ORDINANCE to amend “An ordinance to amend section three (3) of an ordinance approved February 23, 1888, creating paving districts numbers 3, 4, 5, 6, 7, and 8, in the city of Lincoln, defining the limits of said districts, and establishing the width of roadway of streets in said district between curb lines, and repealing ‘An ordi- nance creating paving districts numbers 3, 4, and 5, in the city of Lincoln,’ ap- proved February 2, 1888,’’ approved May 27, 1890. Be it 07 'dained by the Mayo?' and City Council of the City of Lincoln : 1580. § 1. That ‘‘An ordinance to amend section three (3) of an ordinance approved February 23, 1888, creating paving dis- tricts numbers 3, 4, 5, 6, 7, and 8, in the city of Lincoln, de- fining the limits of said districts, and establishing the width of roadway of streets in said districts between curb lines, and re- pealing ‘An ordinance creating paving districts numbers 3, 4, and 5, in the city of Lincoln,’ approved Februar) 2, 1888,” approved May 27, 1890, be amended to read as follows: § 2. That paving district number five (5) in the city of Lin- coln be and the same is hereby created, the said paving district to include that portion of P street from the east line of Four- teenth to the west line of Sixteenth streets; Q street from the east line of Eleventh street to the west line of Sixteenth street; R street from the east line of Ninth street to the west line of Seventh street; S street from the east line of Ninth street to the west line of Tenth street; Ninth street from the north line of S street to the south line of T street; Tenth street from the north line of Q street to the south line of T street; Eleventh street from the north line of Q street to the south line of R street; Twelfth street from the north line of P street to the south line of R street; Thirteenth street from the north line of P street to the south line of R street; Fourteenth street from the north line of O to the south line of U street; Fifteenth street from the north line of O street to the south line of P street; Sixteenth street from the north line of Q street to the south line of V street; and all estate on both sides of said streets to the depth of THE CITY OF LINCOLN. 581 one hundred and lifty (150) feet, except that estate on the west of Sixteenth street between Q street and 11 street, and that estate on tlie east of Fourteenth street between Q street and R street, which shall be to the depth of three hundred and sixty (360) feet. The roadway between curbs shall be as follows, to-wit; Ninth, Tenth, Eleventh, Sixteenth, and that portion of R street between Ninth and Tenth street shall be fifty (50) feet in width ; S street between Ninth and Tenth streets shall be fifty (50) feet in width ; P street shall be sixty (60) feet in width; Q, street shall be forty feet in width, and that portion of R street from the east line of Tenth street to the west line of Seventeenth street shall be forty (40) feet in width, and Fifteenth street between O atid P streets shall be sixteen feet in width; and Fourteenth street from O to south line of U street shall be forty feet wide. § 3. This ordinance shall take effect and be in force from and after its passage, approval, and publication according to law. [Passed April 20, 1891. Approved April 23, 1891.] AN ORDINANCE to amend section two of an ordinance entitled “An ordinance to amend section two of an ordinance entitled ‘An ordinance to amend an ordinance creating paving district number nine (9) in the city of Lincoln, to better define and otherwise change the limits of said district, approved March 11, 1890,’ ap- proved July 9, 1890,’’ approved July 80, 1891. Be it ordained by the Mayor and Council of the City of Lincoln ^ Nebraska : 1582. § 1. Thatsection 2 of an ordinance entitled “An ordi- nance to amend section 2 of an ordinance entitled ‘An ordinance to amend an ordinance creating paving district number nine(9) in the city of Lincoln, to better define and otherwise change the limits of said district, approved March 11, 1890,’ approved July 9, 1890,” approved July 30, 1891, and reading as follows: “That paving district number nine (9) be and the same is hereby created, and said district shall include that portion of Twenty-seventh (27) street from the south side of O street to the south side of Y street. The roadway between curb lines on said Twenty-seventh street shall be forty feet wide between curb lines, excejit on that part of Twenty-seventh street between O street and R street: Providing^ That the roadway on Twenty-seventh street between O street and R street shall be forty -seven feet wide more or less so as to leave fifteen feet on each side between curb line and prop- erty line on Twenty-seventh street. Thecenter line of said road- way between O and R on Twenty-seventh street to be the center 582 SPECIAL ORDINANCES OF line of Twenty-seventh street as platted/^ be amended to read as follows : 2. That paving district number nine (9) be and the same is herel)y created, and said district shall include that portion of Twenty-seventh street from the south side of O street to the south side of Y street. The roadway between curb lines on said Twenty-seventh street shall be forty feet wide between curb lines, except on that part of Twenty-seventh street between O and R street and between Vine and Y street: Providing, That the roadway on Twenty-seventh street between O street and R street shall be forty-seven feet wide, more or less, so as to leave fifteen feet on each side between curb line and properly line of Twenty-seventh street. The center line of said roadway be- tween O and R on Twenty-seventh street to be the center line of Twenty-seventh street as platted, and provided Twenty -seventh street between the south side of Vine street and the south side of Y street shall be forty-six wide. § 3. All ordinances and parts of ordinances in conflict with this ordinance are hereby repealed. This ordinance shall take effect and be in force from and after its passage, approval, and })ublication according to law. [Passed November 24, 1891. Approved November 25, 1891. Published in Laborer November 28, 1891.] AN ordinance; to amend an ordinance entitled “An ordinance creating paving dis- trict No. 11 in the city of Lincoln, defining the limits of said district, and establish- ing the width of roadway of streets in said district between curb lines, and repeal- ing an ordinance creating paving district No. 11,” approved December 30th, 1889. Be it ordained by the Mayor and Council of the City of Lincoln, Neb. : 1583. § 1. That an ordinance creating paving district No. 1 1 in the city of Lincoln, defining the limits of said district, and establishing the width of roadway of street in said district be- tween curb lines, and repealing an ordinance creating jiaving dis- trict No. 11, approved December 30th, 1889, be amended to read as follows : § 2. That paving district No. 11 in the city of Lincoln be and the same is hereby created, the said jiaving district to include that portion of L street from the east side of 5th street to the east side of 8th street, 6ih street from the north side of K street to the south side of L street, and all estate on both sides of said THK CITY OF LINCOI.N. 583 streets (othe depth of 150 feet. Tlie roadway between tl»e enrb lines shall be forty leet in width. § 3. Tliatall ordinances or parts of ordinances inconflict here- with are repealed. § 4. This ordinance shall take effect and be in force from and after its passage, approval, and publication according to law. [Passed March 8, 1892. Approved March 11, 1892. Pub- lished in Sun March 12, 1892.] AN ORDINANCE creating alley paving district No. four in the city of Lincoln, defin- ing the limits of said district. Be it ordained by the Mayoi' ayid Council of the City of Lincoln : 1584. § 1. That alley paving district No. four in the city of Lincoln be and the same is hereby created, and the said district shall comprise and include all the alleys in block 66, block 68, and block 100, of the original city of Lincoln, and including all of the estate on both sides of the alleys in said numbered blocks to the depth of one hundred and fifty feet. This ordinance shall take effect and be in force from and after its passage, approval, and publication according to law. [Passed August 2, 1892. Approved August 5, 1892. Pub- lished in Sun August 6, 1892.] AN ORDINANCE to amend an ordinance entitled “An ordinance creating paving dis- trict number eighteen (18) in the city of Lincoln, defining the limits of said dis- trict, and establishing the width of roadway of streets in .said district between curb lines,’’ passed and approved the 5111 day February, 1891, by changing the width of roadway of streets in said district between curb lines, an in the city of Lincoln, delin inf,'- the limits ol' said district. Be it ordained by the Mayor and, Council of the City of Lincoln : 1592. § 1. That alley paving district No. 9 in tlie city of Lincoln be and the same is hereby created, and the said district shall include all of the north and south alley in block thirty- nine (39) in the city of Lincoln. § 2. That the said alley and district be paved with two courses of brick on sand, and that the cost of such grading and paving shall be assessed against the property abutting against such alley. § 3. This ordinance shall take effect and be in force from and after its passage, approval, and publication according to law. [Passed May 23, 1893. Approved June 2, 1893.] AN ORDINANCE creating alley paving district No. 10 in the city of Lincoln, and defin- ing the limits of said district, and establishing the width of roadway of alley in said district between curb lines. Be it ordained by the Mayor and Council of the City of Lincoln : 1593. § 1. That alley paving district No. 10 in the city of Lincoln be and the same is liereby created, and the said paving district shall include all of the alley running north and south in block No. 39, Lincoln, and all estate on the west side of said alley to the depth of 90 feet, and all estate on the east side of the said alley to the depth of 50 feet. The roadway in the said district between curb lines shall be 10 feet in width. § 2. This ordinance shall take effect and be in force from and after its passage and apjiroval, and publication according to law. [Passed August 8, 1893. Approved August 9, 1893. Pub- lished in Jou7mal August 11, 1893.] AN ORDINANCE creating alley paving district No. 11 in the city of Lincoln. Be it ordamed by the Mayor aiid Council of the City of Ijincoln : 1594. § 1. That alley paving district numbered 11 in the city of Lincoln be and the same is hereby created, and that the said district shall include the alley in block numbered 147 from 10th to 11th streets in the original plat of said city. § 2. This ordinance shall take effect from and after its passage and approval according to law. [Passed December 12, 1893. Approved December 18, 1893 ] 588 SPECIAL ORDINANCES OP Article XI. Railroads. AN ORDINANCE to repeal an ordinance entitled “An ordinance granting to the Atchi- son & Nebraska Railway Company the right of way over and across certain streets and alleys in the city of Lincoln, for the use and benefit of said railroad company,” approved November 8, 1872, and also an ordinance approved June 30, 1873, entitled “An ordinance to amend an ordinance entitled an ordinance granting to the Atchi- son & Nebraska Railroad Company the right of way over and across certain streets and alleys in the city of Lincoln, for the use and benefit of said railroad company,” approved November 8, 1872. Be it ordained by the Mayor and Council of the City of Lincoln: 1595. § 1. That an ordinance entitled ‘‘An ordinance grant- ing to the Atchison & Nebraska Railroad Company the right of way over and across certain streets and alleys in the city of Lincoln, for the use and benefit of said railroad company, approved November 8, 1872, and also an ordinance approved June 30, 1873, entitled an ordinance to amend an ordinance entitled an ordinance granting to the Atchison & Nebraska Rail- road Company the right of way over and across certain streets and alleys in the city of Lincoln for the use and benefit of said railroad company,^’ approved November 8, 1872, be and the same are hereby repealed: Provided, That this repeal shall not afiPect the right of way of said railroad company, or its grantee, to use and maintain any railroad or side tracts hereto- fore laid down under the authority of said ordinance or ordi- nances and now in use under the same conditions required by the ordinances of said city in force when such track or tracks were laid down. § 2. This ordinance shall be in force from and after its pas- sage, approval, and publication. Passed January 17, 1881. Approved January 19, 1881. AN ORDINANCE to vacate the west half of Seventh street between O and S streets, and to appropriate the same to the use and for the benefit of of the Atchison & Nebraska Railway Company and for their purposes. Approved February 22, 1873. Be it ordamed by the Mayor and Councilmen of the City of Lin^ coin : 1596. § 1. That the west half of Seventh street between O and S streets is hereby vacated and appropriated to the use and for the benefit of the Atchison & Nebraska Railroad Company for right of way or such other purposes as the said company may THE CITY OF LINCOLN. 589 desire to use the same: Provided, however, The said company shall, within six months from the passage of this ordinance, lo- cate and permanently maintain the depot of their line of railroad in Lincoln on or adjoining the said west half of said Seventh street: And Provided further, That in the event either or any of the streets intervening between O and S streets should here- after be extended through the piece or parcel of land now oc- cupied by the Burlington & Missouri River Railroad Com- pany in Nebraska for depot purposes, then, in that case, the city of Lincoln shall not be required to pay any consideration to the said Atchison & Nebraska Railroad Company for the right of way across the west half of said Seventh street. § 2. That the right of way over and across the streets and alleys between Third and Seventh streets is hereby granted to the said Atchison & Nebraska Railroad Company. § 3. This ordinance shall take effect and be in force from and after its publication in the Weekly State Journal. Rev. Old. 1878, p. 87. AN ORDINANCE granting right of way to the Atchison & Nebraska Railroad Company over certain streets of Lincoln. Be it ordained by the Mayor and Councilmen of the City of lAn- coin : 1597. § 1. That there is hereby granted to the Atchison & Nebraska Railroad Company the right to build and maintain a single track of railroad over and along on the east half of Seventh street, commencing at a point on the main line of said company’s railroad between O and N street, running thence in a northeasterly direction across O street, thence along on the east- ern boundary line of Seventh street north as far as Q street: Provided, That the said company shall be required to conform the grade of the road so as to be built with the grade of the street or streets over or along which the same is built, as such grade is now or may hereafter be established, and shall also build and maintain a good and sufficient street crossing over all streets for the whole width thereof, and keep the same open for public use, except when trains of cars may be passing across said street. § 2. This ordinance shall be in force and take effect from and after its publication according to law. Approved August 23, 1873. Rev. Ord. 1878, p. 88. 590 SPECIAL ORDINANCES OF AN ORDINANCE granting the riglitof way to the A. & N. Railway along Sixth street. Be it ordained by the Mayor and Comicilmen of the City of Lin- coln : 1598. § 1. That the right of way over the east half of Sixth street, commencing at a point on the main line of the Atchison Nebraska Railway near the southwest corner of block number seventy-two (72), and running thence north on the east half of Sixth street to a point opposite the west end of the alley passing east and west through block number fifty-one (51), is hereby granted to the Atchison & Nebraska Railroad Company for the time and in the manner hereinafter provided : Provided^ Said railroad company will lay but one track along said street, and that so constructed as to conform to the established grade of the city ; that at all streets and alleys suitable crossings shall be made and kept in repair by said railroad company; that said railroad company will not permit cars to stand so as to obstruct streets, sidewalks, or alleys, longer than ten minutes at any one time, and in all other respects comply with the ordinances of the city, then the above described right of way is granted to said railroad company for so long a time as the Mayor and Councilmen may deem it for the best interests of the city to permit this ordinance to remain in force, said right of way to cease when this ordinance is repealed. § 2. This ordinance shall take effect and be in force after its passage, approval, and due publication according to law. Approved March 13, 1877. Rev. Ord. 1878, p. 91. AN ORDINANCE to repeal “An ordinance granting certain rights to the Burlington A Missouri River Railroad Company,” approved May 22, 1869, and also “An ordinance granting right of way to the Burlington & Missouri River Railroad in Nebraska upon and across certain streets,” approved July 7th, 1874. Be it ordained by the Mayor and Council of the City of Lincoln: 1599. § 1. That an ordinance entitled ^^Au ordinance grant- ing certain rights to the Burlington & Missouri River Railroad Company,’^ approved May 22, 1869, and also an ordinance en- titled ‘‘An ordinance granting right of way to the Burlington & Missouri River Railroad in Nebraska upon and across certain streets,’’ approved July 7th, 1874, be and the same are hereby each repealed : Provided^ That this ordinance shall not affect the right of said railroad company to use and maintain any railroad or side tracks heretofore laid down under the authority of said THE CITY OE LINCOLN. 591 ordinance or ordinances, and now in use under tlie same condi- tions required by the ordinances of’ said city in force when sucli track or tracks were laid down. § 2. Tliis ordinance shall be in force from and after its pas sage, approval, and publication. Passed January 17, 1881. Approved January 19, 1881. Pub- lished January 21, 1881. AN ORDINANCE to repeal an ordinance entitled “An ordinance granting certain rights to the Midland Pacific Railroad Company,’’ approved June 21, 1869. Be it ordained by the Mayor and Council of the City of Lincoln: 1601. § 1. That an ordinance entitled ‘^An ordinance grant- ing certain rights to the Midland Pacific Railroad Company,^’ approved June 21, 1869, be and the same is hereby repealed : Provided^ That this ordinance shall not affect the right of said railroad company, or its successors, to use and maintain any railroad or side track heretofore laid down under the authority of said ordinance, and now in use under the same conditions re- quired by the ordinances of said city in force when such track or tracks were laid down. § 2. This ordinance shall be in force from and after its pas- sage, approval, and publication. Passed January 17, 1881. Approved January 19, 1881. Pub- lished January 21, 1881. AN ORDINANCE granting right of way to the Midland Pacific Railway Company. Be it ordained by the Mayor and Councilmen of the City of Lin- coln : 1602. § 1. That the right of way is hereby granted to the Midland Pacific Railway Company in Nebraska to build and operate its railroad on Eighth street, east of the center thereof, between the north line of N street and the south line of K street; and also the right of way across such streets and alleys between Fifth street and Eighth street as the said railway company may desire to connect the tracks on the two streets for the use and business of the company, and all to be constructed upon such grade as the city may adopt: And Provided^ That said railway company may j)rovide and maintain all necessary ciossings of said company's roail, where it cro.sscs any street or alley, and shall 692 SPECIAL ORDINANCES OF not obstruct the travel thereof by tlieir engines or cars to exceed ten minutes at any one time. § 2. All ordinances, so far as they are in conflict with this or- dinance, are hereby repealed : Provided^ That an ordinance grant- ing right of way to the Midland Pacific Railway on Seventh street, approved July 23, 1874, is by the operation of this ordi- nance hereby repealed.. § 3. This ordinance shall take effect and be in force from and after its due publication according to law. Approved June 19, 1875. Rev. Ord. 1878, p. 86. AN ORDINANCE granting right of way to the Midland Pacific Railway Company. Be it ordained by the Mayor and Councilnien of the City of Lin- coln : 1603. § 1. That the right of way is hereby granted to the Midland Pacific Railway Company in Nebraska to build, ex- tend, and operate its railroad on Eighth street, east of the center thereof, between the north line of N street and the center of the alley which runs east and west- through the center of block num- ber fifty-three (53), all to be constructed on such grade as will conform to the grade of the streets heretofore or may be here- after adopted by the city: And Provided^ That said railway company shall provide and maintain all necessary crossings of said company’s road where it crosses any street or alley, and shall not obstruct the travel thereof by their engines or cars to exceed ten minutes at any one time. § 2. This ordinance shall take effect and be in force from and after its due publication according to law. Approved November 29, 1875. Rev. Ord. 1878, p. 96. AN ORDINANCE granting right of way to the Nebraska Railway Company to build and operate its railroad over and across certain streets in the city of Lincoln. Be it ordained by the Mayor and Councilmen of the City of Lin- coln : 1604. § 1. That there is hereby granted unto the Nebraska Railway Company the right to build and maintain its railroad over and across Third (3d) street, in said city of Lincoln, thence east to Fourth (4th) street, and across said Fourth street, and along and across U street in an easterly direction to lot three (3) in block two hundred and seventy-nine (279), thence to and across TFIK CITY OF I.INCOLN. 593 Fifth (5th) street in a southeasterly direeti iii to lot seven (7) in block two huiulied and eighty (280), thence in a sontlieasterly direction to 'V street, and over and across said T street in a north- easterly direction to lot four, in block two hundred and seventy- one (271,) thence in a southeasterly direction to a connection with the Burlington and Missouri River Railroad Company in Nebraska, as shown in plan accompanying: Provided^ That the said Nebraska Railroad Company shall build and maintain a good and sufficient crossing and approaches over said railroad at crossing of S street, and shall, as necessity demands, provide and maintain crossings and approaches for all streets named above, and keep same open for public use except when trains of cars may be passing across said streets. § 2. Th is ordinance shall take effect and be in force from and after its passage and publication according to law. Approved July 23, 1877. Rev. Ord. 1878, p. 97. AN ORDINANCE amending, modifying, and defining ordinances concerning the Bur- lington & Missouri River Railroad Company and the Midland Pacific Railroad Com- pany. Be it ordamed by the Mayor and Councilmen of the City of Lin- coln : 1605. § 1. That whereas, by ordinances approved respect- ively May 22, 1869, and June 21, 1869, the aforesaid railroad companies were granted the right of way upon, over, along, and across, any one or more of the streets and alleys in said city; now, therefore, it is hereby declared to be the true intent and meaning of the said ordinances, and they are and each of them is hereby amended so as to read as follows: That there is hereby granted to the Burlington & Missouri River Railroad Company in Nebraska and to the Midland Pacific Railroad Company the right to build their and each of their respective roads, on such grade as they may respectively adopt, over and along any such street as they or either of them shall adopt for their or either of their line of road, and lay down such tracks and side tracks therein, and perpetually maintain and operate the same, as they or either of them may deem necessary for the business of such roads or road': Provided, That such railroad companies shall be limited to the streets and alleys whereon they shall first locate and build their said roads or road, which location and building shall be deemed an election and acceptance, and no interest or 594 •SPECIAL ORDINANCES OF right of way shall be acquired in or to any other street or alley by said railroads or railroad companies by virtue of this or any other ordinance heretofore passed by said city. § 2. This ordinance shall take effect and be in force from and after its due publication according to law. Approved34ay 26, 1871. Rev. Ord. 1878, }). 98. AN ORDINANCE extending right of way to the Atchison & Nebraska, and Burlington & Missouri River Railroad companies upon the east side of Seventh street. Be it ordained by the Mayor and Councilmen of the City of Lin- coln : 1606. § 1. That the Atchison & Nebraska Railroad Company are hereby permitted to excavate, grade, lay down, and operate, a single track of their said railroad, beginning at a point on the west side of the center of Seventh street, and not more than one hundred feet south of the south line of S street and running thence by a sufficient curve across S street to the east side of Seventh street, thence north along the east side of Seventh street, and not more than ten feet therefrom, to the south line of the alley on block nineteen in said city. § 2. The Burlington & Missouri River Railroad Company in Nebraska are hereby permitted to excavate, grade, lay down, and operate a single track of their said railroad, beginning at a point in Seventh street, where the company’s main line of rail- road crosses said street, and running thence south on the east side of said Seventh street, and not less than twelve feet from the east line thereof to the north line of S street, thence by such curve as may be necessary across said S street to the northeast corner of the present grounds of the said Burlington & Missouri River Railroad Company in said city. § 3. Each of said railroads shall at all times be made to con- form to the grade of said Seventh street as now or hereafter es- tablished, and make and maintain all necessary crossing.s at each street and alley crossed by them or either of them, or forfeit not less than ten nor more than one hundred dollars for each day they or either of them shall neglect or refuse to comply herewith after receiving one day’s notice in writing, which notice may be left at the depot of such company in said city, with the agent or some person in charge thereof. § 4. No engine or cars shall be permitted to obstruct the travel on any street for more than ten minutes at any time, and any THE CITY OF JJNCOLN. 595 violation of this section shall subject the offender to a fine of not less than one dollar nor more than fifty dollars for each offense. § 5. This ordinance shall take effect and be in force from and after its due publication according to law. Approved December 22, 1874. Revised Ord. 1878, p. 99. AX ORDINANCE to repeal an ordinance entitled “An ordinance granting certain rights to the Bellevue, Ashland & Lincoln Railroad Company,” approved June 21, 1869. Be it ordained by the Mayor and Council of the City of Lincoln: 1607. § 1. That an ordinance entitled ^‘An ordinance grant- ing certain rights to the Bellevue, Ashland & Lincoln Railroad Company,’^ approved June 21, 1869, be and the same is hereby repealed. § 2. This ordinance shall be in force from and after its pas- sage, approval, and publication. Passed January 17, 1881. Approved January 19, 1881. Pub- lished January 21, 1881. AN ORDINANCE granting Seventh street, between P street and Q street, to the Bur- lington & Missouri Railroad Company in Nebraska. Be it ordained by the Mayor and Council of the City of Lincoln : 1608. § 1. That all that part of Seventh street in the city of Lincoln lying between the north line of P street and the south line of Q street, in the city of Lincoln, be and the same is hereby appropriated and granted to the use of the Burlington & Mis- souri River Railroad Company in Nebraska, for right of way and for the erection and maintenance thereon, by said railroad company, of a building to be used for a jiassenger depot and other railroad purposes: Provided, always, And this grant is de- pendent upon the performance of the following conditions as conditions precedent by the said Burlington & Missouri River Railroad Company in Nebraska: That said railroad company shall convey or cause to be conveyed to the city of Lincoln, for a street, in the place of the said part of Seventh street, by a good and sufficient deed, with full covenants of warranty and title, all of lots five (5), six (6), seven (7), eight (8), thirteen (13), four- teen (14), fifteen (15), sixteen (1 6), seventeen (17), eighteen (18), nineteen (19), and twenty (20), in block thirty-two (32), in the city of Lincoln, being all that part of said block lying west of the alley running fiom north to south through said block* aiul SPECIAL OKDINANCES OF 59() further, shall make said ground so conveyed to the*city, and the said alley above named, to conform to the grade to be established thereon for a street, free of expense to said city of Lincoln, when said grade is established under the authority of the Mayor and Council of the city of Lincoln, and the said city shall have over said grounds so conveyed the same power, authority, and juris- diction, as over other streets in said city. And Provided further y That the Atchison & Nebraska Railroad Company will relin- quish to the Burlington & Missouri Railroad Company in Ne- braska all right to the use of said Seventh street between P street and Q street. This ordinance shall be in force after its passage and publica- tion. Passed June 21, 1880. Approved June 23, 1880. Pub- lished June 26, 1880. AN ORDINANCE to permit the Burlington & Missouri River Railroad Company in Ne- braska to maintain a city delivery track on west side of Eighth street from N street to point where track on side of Eighth street intersects. Be it ordained by the Mayor and Councilmen of the City of Lin- coln : 1609. § 1. That permission is hereby granted the Burlington & Missouri River Railroad Company in Nebraska to maintain a city delivery track on the west side of Eighth street in the city of Lincoln, from N street to a point where track on east side crosses said Eighth street, the track now in center of street to be taken up: Providedy That no more than two tracks shall belaid in said street, one track on the west side of saiil street, and one track on east side thereof. § 2. That this permission is granted upon the express condi- tion that in the enjoyment of this privilege, the said Burlington & Missouri River Railroad in Nebraska shall, in all particulars, conform in their use of said privilege to the requireinents of the city of Lincoln as to grades, paving, ditches, and drainage, and maintain good crossings, and observe all the requirements of the city as to the use and enjoyment of the easement and privilege hereby granted. § 3. That the track shall be laid as indicated by the plat ac- companying the petition therefor, which is made a part of the files of the journal of the City Clerk, and declared to be a part of this ordinance. THE CITY OF LINCOLN. 597 § 4. That M street crossing shall be kept open, and proper approaches and crossings made thereto, and said street crossing shall not be obstructed for a longer period than ten minutes at any one time. § 5. That by the acceptance of the privileges hereby granted, the said railroad company agrees to save and keep the said city of Lincoln harmless from the payment of any costs, damages, or expenses, growing out of the exercise of the right hereby con- ferred in favor of any person whomsoever: And Provided^ The City Council reserves the right to give other railroads the privi- lege of crossing any street or track laid thereon, and to amend or change this ordinance at any time. § 6. That this ordinance shall take effect and be in force from and after its passage, approval, and publication. Passed January 24, 1881. Approved January 25, 1881. Published January 27, 1881. AN ORDINANCE granting certain parts of Fifth and U streets to the Burlington & Missouri River Railroad Company in Nebraska for railroad purposes. Be it ordained by the Mayor and Gouncilmen of the City of Lin- coin : 1610. § 1. That there is hereby granted to the Burlington & Missouri River Railroad Company in Nebraska the right to oc- cupy for railroad jiurposes the several portions of streets in said city named and designated as follows: All that portion of Fifth street north of T street; all that portion of U street between Fourth and Sixth streets, and the [irivilege is granted in consid- eration that said railroad company will build and maintain an engine house or roundhouse at or near the intersection of U and Fifth streets in said city of Lincoln; and said railroad company for above consideration will make all necessary drainage to pro- tect that section of said city affected by the closing of said streets : Provided, That by the aceeptance of the privileges hereby granted that said railroad com[)any agrees to save and keep the said city of Lincoln harmless from the payment of any costs, damages, or expenses, growing out of the exercise of the right hereby con- ferred in favor of any person whomsoever : And Provided, The City Council reserves the right to give other railroads the privi- lege of crossing any street or track laid thereon, and to amend or change this ordinance at any time. 598 SPECIAL ORDINANCES OP" § 2. This ordinance shall take effect and be in force from and after its passage, approval, and publication. Passed January 24, 1881. Approved January 25, 1881. Pub- lished January 27, 1881. AN ORDINANCP^ granting the right of way across Sixth, T, and U streets, and along Seventh street, to the Burlington & Missouri River Railroad Company in Nebraska. Be it ordained by the Mayor and Counoilfnen of the City of Lin- coln : 1611. § 1. That there is hereby granted to the Burlington & Missouri River Railroad Company in Nebraska the right of way for building and maintaining a single railroad track over and across Sixth, U, and T streets, and over and along the west half of Seventh street southward from T street to P street, so as to connect with the depot building of the Burlington & Missouri River Railroad Company in Nebraska: Provided^ That said track shall be by said company made to conform to the grade now, or any grade that may hereafter be established for said streets by the city of Lincoln: And Provided further j That the said railroad company shall not obstruct the track across the said streets more than ten minutes at any one time, and that all cross streets, the entire width thereof, except as above mentioned, shall be left free and unobstructed, and that all crossings over said railroad at said streets shall be laid between the iron rails for a distance of forty-eight feet with good oak plank, and made to conform by said company, at its cost, to the grade now or any grade hereafter established by said city, and at its cost with such sluiceways, sewers, and culverts across the same, as may from time to time be required by the city of Lincoln: And Provided^ That by the acceptance of the privilege hereby granted, the said railroad company agrees to save and keep the said city of Lin- coln harmless from the payment of any costs, damages, or ex- penses, growing out of the exercise of the right hereby conferred in favor of any person whomsoever : And Provided^ The City Council reserves the light to give other railroads the privilege of crossing any street or track laid thereon, and to amend or change this ordinance at any time. § 2. This ordinance shall take effect and be in force from and after its passage, approval, and publication. Passed January 24, 1881. Approved January 25, 1881. Pub- lished January 27, 1881, THE CITY OF LINCOLN. 599 AN ()R1)INAN('K sniutiiis ihc right of way over the east half of Fifth street, in the city of Lincoln, to the Bnrlington & Missonri River Railroad Company in Nebraska. Be it ordained by the Mayor and Councilmen of the City of Lin- coln : 1612. § 1. That tlie right of way is liereby granted over the east half of Fifth street, in the city of Lincoln, from R street to M street, to the Burlington & Missouri Railroad Company in Nebraska, and said railroad company is hereby authorized to construct, lay down, and maintain, upon the east half of said street aforesaid, such tracks and side-tracks as such company may deem advisable for the proper handling of the business of said company : Provided, Said track and side-tracks are laid upon and made to conform to such grade of said city for said streets as may now or hereafter be established by said city, and that said railroad company shall not obstruct the travel across any part of said streets more than ten minutes at any one time, and that at all cross streets, the sidewalks, crosswalks, and street cross- ings shall, except as above permitted, be wholly left free from obstructions of every kind : And Provided further, That all cross- ings of said east half of said street shall be laid across with oak plank between the iron rails for a distance of forty-eight feet, or relaid by said company, at its costs, and at its cost made (o con- form to the grade now or any grade hereafter established by said city, and with such sluiceways, sewers, and culverts, across said streets as may from time to time be required by the city of Lincoln : And Provided, That by the acceptance of the privi- leges hereby granted, the said railroad company agrees to save and keep the said city of Lincoln harmless from the ])ayment of any costs, damages, or expenses, growing out of the exercise of the right hereby conferred in favor of any person whomsoever : And Provided, The City Council reserves the right to give other roads the privilege of crossing any street or track laid thereon, and to amend or change this ordinance at any time. § 2. This ordinance shall take effect and be in force from and after its passage, approval, and publication. Passed January 24, 1881. Approved January 25, 1881. Pub- lished January 27, 1881, ()00 SPECIAL ORDINANCES OF AN ORl)lNANCE granting the right of way to the Omaha & Rcpublieaii Valley Rail- road Company over eertain streets in the city of Lincoln. Be it ordained by the Mayor and Councilmen of the City of Lin- cohi : 1G13. § 1. That the right of way is hereby granted to the Omaha & Republican Valley Railroad Company to build, ex- tend, and operate, its railroad over, along, and across, the streets hereinafter named within the limits designated, as follows: P street, Q street, R street, S street, T street, from the center of Second street to the center of Fifth street; also. Second and Third streets from the north side of O street to the south of center of T street, and including east half of Fourth street; from center of P street to the southern limits of the city of Lincoln on the south side of A street, together with such track or tracks, side-tracks and switches, as the said railroad company may deem necessary and require for the proper and remunerative conducting and handling of its business in said city : Provided^ Said tracks and side tracks are laid upon and made to conform to such grade of said city for said streets as may now or hereafter be established by said city ; and that said railroad company shall not obstruct the travel across any part of said streets more than ten minutes at any one time, and that at all cross streets, the sidewalks, crosswalks, and street-crossings, shall, except as above permitted, be wholly left free from obstructions of every kind: And Provided further^ That all crossings of said streets shall be laid across with oak plank between the iron rails for a distance of forty-eight feet, and made to conform by said company, at its cost, to the grade now or any grade hereafter established by said city, and at its cost with such sluiceways, sewers, and culverts across the same, as may from time to time be required by the City of Lincoln : And Provided, That by the acceptance of the privilege hereby granted, the said railroad company agrees to save and keep the said city of Lincoln harmless from the payment of any costs, damages, or expenses, growing out of the exercise of the right hereby conferred, in favor of any person whomsoever: And Provided, The City Council reserves the right to give other rail- roads the privilege of crossing any street or track laid thereon, and to amend or change this ordinance at any time. § 2. This ordinance shall take effect and be in force from and after its passage, approval, and publication. Passed March 28, 1881. Approved April 4, 1881. Pub- lished April 8, 1881. THE CITY OF LINCOLN. 601 AN ORDINANCE grunting to the Omaha & Republican Valley Railroad Company the right of way over certain streets in the city of Lincoln. Be it ordained by the Mayor and Councilmen of the City of Lin- coin : 1614. § 1. That ill consideration of the location by the Omaha & Republican Valley Railroad Company of its depot grounds, and the building thereon of its depot, upon block forty- nine (49), block seventy-four (74), block eighty-one (81), block two hundred and forty-eight (248), block two hundred and fifty- five (255), and block two hundred and sixty (260), including Fourth street from R street to the south limits of the city, that the right of way is hereby granted over that portion of R street, Q street, P street, N street, M street, and L street, which lies be- tween Fourth and l^iftli streets, § 2. Be it further ordained, that the right of way is hereby granted over Fifth street in said city, from R street to M street, to said railroad company so far as it may not interfere with the right of way heretofore granted by the city to the Burlington & Missouri River Railroad Company in Nebraska, and the said Omaha & Republican Valley Railroad Company is hereby au- thorized to construct, lay down, and maintain, upon said street aforesaid, such tracks and sidetracks as such company may deem advisable for the proper handling of the business of said com- pany: Provided^ Said track or side-tracks are laid upon such grade of said city as are now or may hereafter be established by said city : And Provided further^ That said railroad company shall not obstruct the travel across said street more than ten (10) minutes at any one time. § 3. Th is ordinance shall take effect and be in force from and after its passage and publication according to law. Approved November 17, 1879. Published November 21st, 1879. AN ORDINANCE granting the right of way to the Omaha & Republican Valley Rail- road Company. Be it or darned by the Mayor and Cou7icilmen of the Oily of Lin- coln : 1615. § 1. That the right of way is hereby granted to the Omaha & Republican Valley Railroad Company to build, ex- tend, and operate, its railroad over and along Fourth street in said city, from R street south through the said city to the south- 27 SPECIAL ORDINANCES OF f)02 ern limits thereof: Provided^ Said track or tracks of railroad shall be so constructed as to conform to the grade which is now or may hereafter be adopted by said city : And Provided further j That said railroad company shall provide and maintain suitable and necessary crossings and approaches over said company's road where it crosses any street or alley, and shall not obstruct the track thereof by their engines or cars to exceed ten (10) minutes at any one time. § 2. This ordinance shall take effect and be in force from and after its due publication according to law. Approved October 29, 1879. Published October 30, 1879. AN ORDINANCE granting the right of way over certain streets in the city of Lincoln, to the Atchison & Nebraska Railroad Company. Be it ordained by the Mayor and Councilmen of the City of Lin- coln : 1616. § 1. That there is hereby granted to the Atchison & Nebraska Railroad Company the right to lay down, operate, and maintain a side track commencing at a point on the east side of Sixth street between L and M streets, thence diagonally across Sixth street, south to K street, to a point on the east side of Seventh street: Provided^ however^ That said railroad company shall keep said track in good repair, and make suitable crossings over the same to allow free and uninterrupted passage over said track, along and across said streets: And Provided^ further^ That said track shall be laid on the present grade of said streets, and shall be made to conform to any grade hereafter established, without exjiense to the said city of Lincoln. § 2. This ordinance shall take effect and be in full force from and after its passage and publication according to law. Approved September 23, 1879. Published September 27, 1879. AN ORDINANCE granting right of way to the Burlington & Missouri River Railroad Company in Nebraska, along a portion of Seventh street. Be it ordained by the Mayor and Council of the 'City of Lincoln: 1617. § 1. That the right of way for a single track over Seventh street, commencing at a point fifty feet north of the north line of N street, connecting with tlie Keys & Bullock side-track, and running south to a junction with the railroad track now cross- THE CITY OF LINCOLN. 603 ing Seventh street between K and L streets be and the same is hereby granted to the Burlington & Missouri Railroad Com- pany in Nebraska: Provided, That said railroad company will remove that portion of the Keys & Bullock track crossing Seventh street on N, and so construct said track as to conform to the established grade of the said city of Lincoln, and that at all streets and alleys suitable crossings shall be made and kept in repair by said railroad company; and said railroad company will not permit cars to stand so as to obstruct streets, sidewalks, crosswalks, or alleys, longer than ten minutes at any one time, and in all other respects to comply with the ordinances of the city of Lincoln now in force, or that may hereafter be adopted. The said railroad company shall provide such sluiceways, sewers, and culverts, across said track as may from time to time be required by the said city of Lincoln: And Provided further, T\\ 2 ii the said track shall be built in the center of the said Seventh street : And Provided further. That by the acceptance of the privilege hereby granted, the said railroad company agrees to save and keep the said city of Lincoln harmless from the payment of any damages, costs, or expenses, accruing out of the exercise of the right hereby conferred, in favor of any person whomsoever; and the city of Lincoln hereby reserves the right to grant a right of way across said track or along said Seventh street to any other railroad company. The right to repeal, alter, or amend this ordinance at any time is reserved. § 2. This ordinance shall take effect and be in force from and after its passage, approval, and publication according to law. Passed May 23, 1881. Api)roved May 26, 1881. Published June 2, 1881. AN ORDINANCE to repeal an ordinance entitled “An ordinance to vacate L, M, and N streets, between Fourth and Sixtli streets, and to appropriate the same to the use and for the benefit of tlie Burlins^ton & Missouri River Railroad Company in Ne- braska, and the Omaha it Republican Valley Railroad Company. Be it ordained by the Mayor and City Council of the City of Lincoln : 1618. § 1. That an ordinance entitled “An ordinance to va- cate L, M, and N streets, between Fourth and Sixth streets, and to appropriate the same to the use and for the benefit of the Biu'linglon & Missouri River Railroad Comjiany in Nebraska, and the Omaha & Republican Valley Railroad Company,’’ passed July 18, 1881, be and the same is hereby repealed. 604 SPECIAL ORDINANCES OF § 2. This ordinance shall take effect and be in force from and after its passage, approval, and publication according (o law. [Passed October 17, 1881. Approved October 22, 1881. Pub- lished October 24, 1881.] AN ORDINANCE granting to the Chicago, Burlington & Quincy Railroad Company the right of way over, on, and along Sixth street, between the north side of K street, extending south to the southern line of Lincoln Park. Be it ordained by the Mayor and Couiicilmen of the City of Lin- coln, Nebraska: 1619. § 1. That there is hereby granted to the Chicago, Burlington & Quincy Railroad Company the right of way for not more than two tracks over, on, and along the west half of Sixth street, between the north line of K street and the north line of F street, and one track along the west side of Sixth street to one hundred feet south of the south line of F street, and said railroad company shall construct the tracks upon such grade as is now or may be established hereafter by the city. And in consideration of the construction of said railroad track as far south as Lincoln Park as to accommodate the said water-works, the city hereby releases the said railroad company from all dam- ages or claims that may be made on account of the location of said line of railroad, and to protect it from any claim for dam- ages on account of the construction of said line of railroad upon said street to the said Lincoln Park. § 2. This ordinance shall take effect and be considered bind- ing between the said city of Lincoln and the said railroad com- pany from, on, and after its publication as required by law. Approved June 23, 1885. AN ORDINANCE granting the right of way to the Burlington & Missouri River Rail- way Company in Nebraska, on the east side of Eighth street betw'een the south line of “ O ” street and the south line of “ I’ ” street. Be it ordained by the Mayor and Councilmen of the City of Lin- coln, Nebraska: 1620. ^ 1. That the right of way is hereby granted to the Burlington & Missouri River Railway Company in Nebraska to build and operate its railroad on Eighth street, east of the center thereof, between the south line of street and the south line of “P’’ street, and such track to be constructed upon such grade as the city may adopt; And Provided, That said railway com- THE CITY OF EINCOLN. f)0e5 paiiy shall provide and maintain all necessary crossings, of said company’s road where it crosses in the street or alley, and shall not obstruct the travel hereof by their engines or cars to exceed five minutes at any one time: And Provided^ That before the track is laid along such right of way, said company shall pro- cure the consent and release and satisfaction of all claims for damages for such right of way, of the owners of lots 6 and 7 in block 44 in said city. § 2. This ordinance shall take effect and be in force from and after its approval and due publication according to law. Passed August 10, 1885. Approved August 14, 1885. AN ORDINANCE granting certain streets and alleys to the Lincoln & Northwestern Railroad Company, and to the Missouri Pacific Railway Company. Be it ordained by the Mayor and Councilmen of the City of Lin- Golri : 1621. § 1. That there be and is hereby granted to the Lin- coln & Northwestern Pailway Company, the right of way in and use of the following streets and alleys in the city of Lincoln : The west thirty-three (33) feet of Eighth street, between the north line of “S” street and the right of way of the Burlington & Missouri Piver Pailroad Company in Nebraska across Eighth street, and also so much of said Eighth street as is west and northwest of a line thirty-three (33) feet east of the west line of Eighth street, and an eight (8) degree curve extending northeast- erly and connecting said thirty-three-foot line with the southeast line of the right of way of the Burlington and Missouri Piver Pailroad Company in Nebraska, and also all streets and alleys between the grant above made and the aforesaid curve on one side, and the present right of way of said company on the other side; also “S” street between the west line of Eighth street and said company’s ])resent right of way, and the alleys in block number twenty (20). And there be and is hereby granted to the Missouri Pacific Pail way Company the right of way in and use of the following streets and alleys in the city of liincoln: So much of Eighth street as is not above granted to the said Lincoln & Northwest- ern Pailroad Company, and is north of the north line of street, and east and southeast of said eight (8) degree curve, ex- tending northeasterly to the southeast line of said Burlington & Mif^^souri Piver Pailroad Company’s right of way j abso the west 606 SPECIAIi ORDINANCES OF half of Ninth street, north of the north line of and south of the right of way of said Burlington & Missouri River Rail- road Company; and also so much of snid Ninth street as is west and northwest of an eight (8) degree curve connecting the center line of said Ninth street with aline one hundred (100) feet south and east of the southeast line of the Burlington & Missouri River Railroad Company’s right of way, and southeast of above grant to said Lincoln & Northwestern railroad aforesaid, and })arallel therewith, together with the right to extend and operate one of its Ninth street tracks to the south line of ‘‘S” street; also all streets and alleys north of street and east and southeast of the grant above made to the Lincoln & Northwest- ern Railroad Company, and its present right of way, extending northeasterly to the city limits on the one side, and west and northwest of the grant above made to the Missouri Pacific Rail- road Company, and a line one hundred (100) feet southeast of the above mentioned right of way of the said Burlington & Mis- souri River Railroad Company on the other side; also“X” street, in North Lincoln: Provided, however, That each of said companies shall use and occupy the streets and grounds above granted to it, within ten (10) months from the passage of this ordinance, or forfeit the above grant to it. § 2. This ordinance shall take effect and be in force from and after its approval and publication. Passed October 19, 1885. Approved October 22, A. D. 1885. AN ORDINANCE to vacate T, U, and V streets, between Eighth and Ninth streets, in the city of Lincoln, and the alley extending through and into each of blocks number 18, 9, and 6 in Lincoln, and 14 in North Lincoln, and authorize the appropriation thereof by the Missouri Pacific Railway Company and the Fremont, Elkhorn & Mis- souri Valley Railroad Company. Be it ordained by the Mayor and Counciimen of the City of Lin- coln : 1622. § 1. That T, U, and V streets, between Eighth and Ninth streets, in the city of Lincoln, and the alley extending through or into each of blocks numbered 18, 9 and 6 in Lincoln, and 14 in North Lincoln, be and the same are hereby vacated, and the Missouri Pacific Railway Company and the Fremont, Elkhorn & Missouri Valley Railroad Company are authorized to appropriate the same to the use of said railroad companies for railroad purposes: Provided, That by the acceptance hereof the said companies agree to save and keep the said city of Lincoln THK CITY OP LINCOLN. 607 harmless from the payment of any damages growing out of the exercise of tlie rights hereby conferred in favor of any person whomsoever. § 2. This ordinance shall take effect and be in force from and after its passage, approval, and publication. Passed February 15, 1886. Approved February 17, 1886. AN ORDINANCE granting to the Missouri Pacific Railway Company the right of way over a portion of W street. Be it 07'dained by the Mayor and Councilmen of the City of Lin- coin: 1623. § 1. The right of way for the construction of railroad tracks, side tracks, and switches, is hereby granted to the Mis- souri Pacific Railway Company over and along the north thirty- three feet of W street from the east side of Tenth street east to the city limits, and on W street between Tenth street and the south line of the right of way of the Burlington & Missouri River Railroad Company in Nebraska: Provided^ however ^ That the Missouri Pacific Railway Company shall hold the city of Lincoln harmless from all damages arising from said grant. § 2. This ordinance shall take effect from and after its passage, approval, and publication according to law. Passed February 22, 1886. Approved February 25, 1886. AN ORDINANCE granting to the Lincoln & Northwestern Railroad Company the right of way over certain streets and alleys in the city of Lincoln, west of Eighth street and north of R street. Be it ordained by the Mayor and Councilmen of the City of Lin- coln : 1624. § 1. That the right of way for the construction of railroad tracks, side tracks, and switches, is hereby granted to the Lincoln & Northwestern Railroad Company in, over, along, and across, S, T, and U streets, and Third, Fourth, Fifth, Sixth, and Seventh streets, west of Eighth street to Salt creek, and north of R street and Salt creek to the northern limits of the city of Lin- coln, and also over and across the alleys in blocks 7, 8, 19, 20, 270, 271, 272, 273, 278, 279, 280, and 281 : Provided, however, That the Lincoln & Northwestern Railroad Company shall hold the city of Lincoln harmless from all damages arising from said grant. 608 SPECIAL ORDINANCES OP § 2. This ordinance shall be enforced and take effect from and after its passage and publication. Passed February 15, A. D. 1886. Approved February 17, A. D. 1886. AN ORDINANCE vacating a part of Ninth street and releasing the same to the Missouri Pacific Railway Company. Be it ordained by the Mayor and Councilmen of the City of Lin- coln : 1625. Whereas, The Mayor and Councilmen of the city of Lincoln passed an ordinance entitled ‘^An ordinance granting certain streets and alleys to the Burlington & Missouri Fiver Railroad Company in Nebraska and to the Missouri Pacific Railway Company,’^ approved on the — day of — 1886; it was, among other things, ordained that there be and there was thereby granted to the Missouri Pacific Railway Company a right of way in and use of certain streets in said city, particularly of a part of Ninth street; and Whereas, It is to the advantage of said city and the people thereof that the right of way and use of said Ninth street so granted to the said company should be largely reduced, and the said company, being desirous of advancing the interests of said city and the wishes of its inhabitants, has agreed to such reduc- tion, upon the condition that a certain part of said street, the use of which it has been agreed that it shall retain, shall be vacated and released to it in fee. § 1. In consideration of the release by the Missouri Pacific Railway Company to the city of Lincoln of all its rights derived from the ordinance in the preamble hereof recited in so much of Ninth street as is described as follows: All that part of Ninth street lying north of the north line of S street and east of a line 44 feet east of the west line of said Ninth street, and an eight degree curve connecting said 44-foot line with a line 100 feet south and east of the southeast line of the right of way of the Burlington & Missouri River Railroad Company, the said city of Lincoln and the Mayor and Councilmen thereof have va- cated and discharged from all public rights and uses, and re- leased to the said company, and do hereby vacate, discharge and release to the said company all that certain other part of Ninth street in said city, being 44 feet wide and extending from the north line of S street to the right of way of the Burlington & THE CITY OF LINCOLN. 609 Missouii River Railroad Company, and being off the west side of said street, the object of this ordinance being to release to and vest in the said company all of the said street last above described in fee. § 2. This ordinance shall take effect and be in force from and after its passage. Passed July 26, 1886. Approved July 27, 1886. AN ORDINANCE granting right of way to the Missouri Pacific Railway Company on W street from the west side of Tenth street to the east side of Eleventh street. Be it ordained by the Mayor and Councilmen of the City of Lin- coln: 1626. § 1. That the. right of way is hereby granted to the Missouri Pacific Railway Company to build, extend, and oper- ate, its railroad on W street, the south sixty-seven feet, as well as the north thirty-three feet, from the west side of Tenth street to the east side of Eleventh street: Pror/ded, Said company, by acceptance of this grant, shall hold the city harmless of all claims and damages arising therefrom on part of adjoining pro- prietors. § 2. This ordinance shall take effect and be in force from and after its approval and publication according to law. Passed June 7, 1886. Approved June 9, 1886. AN ORDINANCE granting right of way to the Burlington & Missouri River Railroad Company in Nebraska to build and operate its railroad over and across certain streets in the city of Lincoln. Be it ordained, by the Mayor and Councilmen of the City of Lhi- coln : 1627. § 1. That the right of way over Sixth street, com- mencing at a point near the center of the east line of lot one (1) in block one hundred and fourteen (114) in the city of Lincoln, where a track of the Burlington & Missouri River railroad crosses said lot line, running thence diagonally across Sixth street to a point opposite the southwest corner of block one hundred and four (104), thence north to L street according to the profile hereto attached and made a part of this ordinance, is hereby granted to the Burlington & Missouri River Railroad Company in Nebraska: P/’o Said railroad company shall lay but one track upon said street granted by this ordinance, and shall be lia- 610 st'ECiAii Ordinances oe hie fur all damages sustained by the building and operating said railroad to adjacent property owners. § 2. This ordinance shall take effect and be in force from and after its passage, approval, and publication according to law. Passed March 24, 1886. Approved March 25, J886. AN ORDINANCE granting the right of way over Q street between Seventh and Eighth streets, and R street between Seventh and Eighth streets, and the alleys in blocks 81 and 32, in the city of Lincoln, to the Chicago, Burlington & Quincy Railroad Company for railroad purposes. Be it ordained by the Mayor and Council of the City of Lincoln : 1628. § 1. That there is hereby granted to the Chicago, Bur- lington & Quincy Railroad Company, for railroad purposes, a right of way over and across Q street, between Seventh and Eighth streets, and R street, between Seventh and Eighth streets, and the alleys in blocks 31 and 32, in the city of Lincoln. § 2. That by the acceptance of the privileges hereby granted, the said railroad company agrees to save and keep the said city of Lincoln harmless from the payment of any costs, damages or expenses, growing out of the exercise of the right hereby granted, in favor of any person whomsoever. § 3. That this permission is hereby granted upon the express condition that in the enjoyment of this privilege the said com- pany shall in all particulars conform in their use of said privi- lege to the requirements of the city of Lincoln as to grade.®, paving, ditches, and drainage, and maintain good crossings, and observe all the requirements of the city as to the use and enjoy- ment of the easement and privilege hereby granted. § 4. Th is ordinance shall take effect and be in force from and after its approval and publication according to law. Passed June 2, 1887. Approved this 7th day of June, A. D. 1887. AN ORDINANCE granting the right of way in certain streets of the city of Lincoln to the Fremont, Elkhorn & Missouri Valley Railroad Company and for the vacation of a part of Y street in said city. Be it ordained by the Mayor and Councilmen of the City of Lin- coln : 1629. § 1. That the right of way is hereby granted to the Fremont, Elkhorn & Missouri Valley Railroad Company across and along that part of Twenty-second and Fair streets and that THE CITY OP IJNCOLN. 611 ])art of Holdrege aiul Seventeenth streets in said city, lying and being within the riglit of way of said company, obtained l)y grant from J. J. Imhoff, and by an extension southwest of the limits of the grant through lots 6, 7, 8, 9, 10, and 11, in Teeter’s sub- division of the southeast quarter of southwest quarter of section 13, township 10, range 6 east, for the purpose of constructing, maintaining, and operating, its line of railroad thereon. § 2. That that part of Y street extending from Fourteenth street on the east to the south line of the Burlington & Missouri River Railroad on the west, be and the same is hereby vacated to the use and benefit of abutting property owners. § 3. By the acceptance of the provisions of this ordinance the Fremont, Elkhorn & Missouri Valley Railroad Company hereby agrees to hold the city of Lincoln harmless from any damages growing out of the provisions of this ordinance. § 4. This ordinance shall take effect and be in force from and after its })assage, approval, and publication according to law. Passed January 24, A. D. 1887. Approved January 25, A. D. 1887. AN ORDINANCE. Be it ordained by the Mayor and Councilmen of the City of Lin- coln, Neb.: 1630. § 1. That permission is hereby granted to J. A. Buck- staff* to extend, build, and maintain, a single railroad track from a point where a railroad track now located on the west side of Eighth street terminates, at the south side of O street, in a due north direction over and across O street, and along the west side of Eighth street, inside the sidewalk limit as now established on the west side of Eighth street, to the south side of the alley, produced, running east and west through block forty-five (45) in the city of Lincoln. § 2. Provided, That said track shall be made to conform to the requirements of the city of Lincoln as to grades, paving, ditches, and drainage: And Provided further, That said O street shall not be obstructed by cars or engines longer than three min- utes at any one time. § 3. This ordinance shall take effect and be in force from and after its |)assage, apj)roval, and due publication according to law. Passed October 31, 1887. 612 SPECIAL ORDINANCES OF AN ORDINANCE. Be it ordained hy the Mayor and Councilmen of the City of Lin- Goln^ Nebraska : 1632. § 1. Tliat there is hereby granted unto the Chicago, Burlington & Quincy Railroad company the right to build and maintain its railroad over and across the west end of the alley running east and west in block 85, in the city of Lincoln, Ne- braska, and running thence east in a southeasterly direction across 8th street in said city so as to connect with the present track of said company upon said 8th street : Provided, That said Chicago, Burlington & Quincy Railroad company shall build and maintain a good and sufficient crossing and approaches over said railroad crossing upon 8th street and shall as necessity de- mands provide and maintain such crossings as may be necessary in said alley: And Provided f wither, That all such track so to be constructed by said railroad shall be built on such grade as will conform to the grade of the streets heretofore or that may here- after be adopted by the city, and that it shall not unnecessarily obstruct the travel upon said street by its engines or cars to ex- ceed ten minutes at any one time. § 2. This ordinance shall take effect and be in force from and after its passage, approval, and publication according to law. [Passed December 15, 1891. Approved December 18, 1891. Published in Laborer December 19, 1891.] AN ORDINANCE to vacate all streets and alleys lying and being within the Eighteenth and R street addition to the city of Lincoln, in the county of Lancaster and state of Nebraska, and granting the right to use aud appropriate the same to the Chi- cago, Rock Island and Pacific Railway Company, its successors and assigns. Be it ordained by the Mayor and Council of the City of Lincoln, Nebraska : 1633. § 1. That all streets and alleys lying and being within the Eighteenth and R street addition to the city of Lincoln, Nebraska, be and the same are hereby vacated. § 2. Tliat said the Chicago, Rock Island and Pacific Rail- way Company, its successors and assigns, are hereby given and granted the right to use and occupy those portions of the streets and alleys vacated by this ordinance as said company, its suc- cessors and assigns, may desire for railway purposes forever. §3. That said railway company shall provide such proper and necessary sewers and culverts across their tracks and grounds THE CITY OP LINCOLN. 613 as may from time to time be required by the said city of Lin- coln. § 4. This ordinance shall be in force and effect on and after its passage and publication according to law. [Passed March 9, 1892. A})proved March 15, 1892. Pub- lished in Sun March 17, 1892.] AN ORDINANCE to vacate Birney street, Melvin street, and Z street, and alleys in blocks 2, 3, 4, and 5, of Kilburh’s addition, between Seventeenth and Eighteenth streets, in the city of Lincoln, Nebraska, and appropriate the same to the Chicago, Rock Island and Pacific Railway Company, its successors and assigns. Be it ordained by the Mayor and Council of the City of Lincoln ^ Nebraska : 1634. § 1. That all that part of Birney, Melvin and Z streets, and the alleys in blocks 2, 3, 4, and 5, of Kilburn’s ad- dition to the city of Lincoln, being and lying between Seven- teenth and Eighteenth streets, he and hereby are vacated. § 2. That said the Chicago, Rock Island and Pacific Rail- way Company, its successors and assigns, are hereby given and granted the right to use and occupy those portions of the streets and alleys vacated by this ordinance, as said company, its suc- cessors and assigns, may desire for railway purposes. § 3. The said railway company shall provide such proper and necessary sewers and culverts across their tracks and grounds as may from time to time be required by said city of Lincoln. § 4. This ordinance shall be in force from and after its passage and publication according to law. [Passed March 9, 1892. Approved March 15, 1892. Pub- lished in Sun March 17, 1892.] AN ORDINANCE granting the right of way to the Chicago, Rock Island and Pacific Rail- way Company across Vine, Y, and North and 18th streets in the city of Lincoln, Nebraska. Be it ordained by the Mayor and Council of the City of Lincoln: 1 635. § 1. That the right of way is hereby granted to the Chi- cago, Rock Island and Pacific Railway Company to build and operate its railroad across Vine, Grant, Y (sometimes designated Washington street), and North streets, between 17th and 18th streets, and across that part of 18th street intersected by North street : And Providing ^ In crossing said Y street said railway shall pass from its land one side of the street to its land on the other side 614 SPECIAL ORDINANCES OP of the street from north to south: And Proric/ec/, That said rail- way company shall provide and maintain suitable and necessary crossings and approaches over said company’s road, where it crosses any of said streets, and shall not obstruct the track thereof by their engines and cars to exceed ten minutes at any time; Provided further, That said company shall hold the city of Lin- coln harmless from all damages arising from this grant. § 2. This ordinance shall take effect and be in force from and after its passage, approval, and publication according to law. [Passed March 29, 1892. Approved March 31, 1892. Pub- lislied in Sun April 1, 1892.] AN ORDINANCE to vacate part of 20th, 21st, 22d, 25th, 26th, Merrill, Fair, and Potter streets, and part of alleys in blocks 1 and 2, in Deerfield addition to the city of Lin- coln, Nebraska, and part of alleys in block 2 in W. J. Marshall’s addition to the city of Lincoln, Nebraska, and part of alley in Fairlawn addition in Lincoln, Nebraska, all of which said parts of streets and alleys lie within the right of way of the Chi- cago, Rock Island and Pacific Railway Company in said city of Lincoln, Nebraska, 100 feet wide as surveyed, and grant said company right of way from 27th street to R street, and to construct and operate its railway thereon. Be it ordained by the Mayor and Council of the City of Lincoln, Nebraska : 1636. § 1. That all that part of the following named streets, to-wit; 20th, 21st, 22d, 25th, 26th, Merrill, Fair, and Potter streets, and that part of the alleys in blocks 1 and 2, in Deerfield addition to the city of Lincoln, Nebraska, and that part of alley in block 2 in W. J. Marshall’s addition to the city of Lincoln, Nebraska, and part of the alley in Fairlawn addition to the city of Lincoln, Nebraska, which lie within the right of way of the Chicago, Rock Island and Pacific Railway Company, 100 feet wide as surveyed, and which right of way is on the south side of and adjoining the Fremont, Elkhorn & Missouri Valley Railroad right of way from 27th street to west side of 18th street, thence south to R street, all of which said parts of streets and alleys being in the said city of Lincoln, are hereby vacated, granted, and appropiated to the use and benefit of the Chicago, Rock Island and Pacific Railway Company, for the erection and main- tenance thereon by said railway company of main tracks, side tracks, and such other improvements as may be placed thereon by said railway company ; and to said railway is granted a right of way over lands purchased, or condemned for that purpose, from 27th to west side of 18th street, thence south to R street, and to construct and operate its railway thereon, as surveyed, said right of way being 100 wide: Provided, That said railway THE CITY OF LINCOLN. G15 company shall construct its railway over its right of way afore- said within one year from the date liereof: And Provided further ^ Tliat said railway company will make all drainage that may be necessary by reason of the construction of its road and tracks and by closing of said streets and alleys: And Provided further ^ That by the acceptance of the rights and privileges hereby granted, the said railway company agrees to save and keep the said city of Lincoln harmless from the payment of any costs, damages, or expenses, growing out of the exercise of the rights hereby con- ferred and granted, in favor of any person whomsoever. § 2. This ordinance shall take effect and be in force from and after its passage, approval, and [)ublication according to law. [Passed April 12, 1892. Approved April 16, 1892. Pub- lished in Sun April 18, 1892.] AN ORDINANCE granting right of way to the Chicago, Burlington & Quincy Railroad Company for a single track across N street between Third and Fourth streets. Be it ordained by the Mayor and Council of the City of Lincoln, Nebraska : 1637. § 1. That the right is hereby granted to the Chicago, Burlington & Quincy Railroad Company to build and maintain a single railroad track acro.ss N street, said track to be an extension of the side track of said railroad company as now located on lot two (2), in block seventy-five (75), and to run north across N street on to block forty-eight (48). § 2. Provided, That said track shall be made to conform to the requirements of the city of Lincoln as to grades, paving, ditches, and drainage. § 3. This ordinance shall take effect and be in force from and after its passage, approval, and publication according to law. [Passed May 3, 1892. Approved May 6, 1892. Published in Sun May 9, 1892.] AN ORDINANCE granting the Chicago, Burlington Quincy Railroad Company the right to maintain a side track in a part of Seventh street. Be it ordained by the Mayor and Council of the City of Lincoln: 1638. § 1. That the right is hereby granted the Chicago, Burlington & Quincy Railroad Company to construct and main- tain a side track in Seventh street, between the south line of the alley in block eighty-three (83) and the north line of the alley 616 SPECIAL ORDINANCES OF ill block one hundred and four (104), the center line of said track when constructed to be located on a line running parallel to and twenty-seven (27) feet east of the east line of said block eighty-three (83); thence due south across L street to connect by some convenient curve with the present side track of said rail- road company opposite said block one hundred and four (104). § 2. Provided, That said track shall be so constructed and maintained as to conform at all times to the requirements of the city of Lincoln, as to grades, paving, ditches, and drainage. § 3. This ordinance shall take effect and be in force from and after its passage, approval, and publication according to law. [Passed May 24, 1892. Approved May 25, 1892. Published in Sun May 26, 1892.] AN ORDINANCE granting the Chicago, Burlington & Quincy Railroad Company the right to maintain a track on the south half of Y street in North Lincoln. Be it ordained by the Mayor and Council of the City of Lincoln: 1639. § 1. That there is hereby granted to the Chicago, Bur- lington & Quincy Railroad Company the right to build and main- tain a single railroad track in the south half of Y street in North Lincoln between the west line of the present right of way of said railroad company and the east line of Tenth street in said city ; said track to be laid so as not to interfere with the safe operation of the street railroad track now built in said Y street: Provided, That by the acceptance of the privilege hereby granted, the said railroad company agrees to save and keep the said city of Lin- coln harmless from the payment of any costs, damages, or ex- penses, growing out of the exercise of the right hereby granted, in favor of any person or corporation whatever: And Provided further. That said railroad company, in a maintenance of said track, conform at all times to the requirements of the city of Lincoln, as to grades, paving, and drainage. § 2. This ordinance shall take effect and be in force from and after its approval and publication according to law. [Passed May 24, 1892. Approved May 25, 1892. Published in Sun May 26, 1892.] THE CITY OF LINCOLN. 617 AN ORDINANH'K to vacate the alleys and that part of Phghteenth street lying within Sa.isbnry addition to the city of Lincoln, Nebraska, and grant the same to the nse and benefit of the Chicago, Rock Island & J’acific Railway Company. Be it ordained by the Mayor and Councilmen of the City of Lin- colny Nebraska: 1640. § 1. That all of the alleys, and that part of Eighteenh street lying within the tract out of which was created and plat- ted Salisbury addition, in the city of Lincoln, Nebraska, be and the same are hereby vacated and granted to the use of the Chi- cago, Rock Island & Pacific Railway Company; Provided, That said railway company shall use the same for right of way or other railroad purposes; And Provided further, That said railroad com- pany shall make all drainage that may be necessary by reason of the construction of its roads and tracks and other use that may be made of said alleys and part of street: And Provided further. That by the acceptance of the rights and privileges hereby granted, the said railway company agrees to save and keej) said city of Lincoln harmless from the payment of any costs, damages, and expenses, growing out of the exercise of the rights hereby granted and conferred, in favor of any person whomsoever. § 2. This ordinance shall take effect and be in force from and after its passage, approval, and publication according to law. [Passed June 7, 1892. Approved June 9, 1892. Published in Sun June 11, 1892.] AN ORDINANCE providing for the passage of the railway of the Chicago, Rock Island & Pacific Railway Company across and through the streets and alleys of the city of Lincoln, in the county of Lancaster, and state of Nebraska, and vacating portions of certain streets and alleys in said city for the purpose of giving right of way and other privileges in said city to said railway company. Be it ordained by the Mayor and Council of the City of Lincoln : 1641. § 1. That the right of way be, and the same is hereby, .granted to the Chicago, Rock Island & Pacific Railway Com- pany, its successors and assigns, to construct, operate, and main- tain its railway and side tracks, switches and second tracks ap- purtenant to such lines for railroad purposes, over, through, along and across 19th street, 20th street, 21st street, 22d street, R street, Q street, P street, O street, N street, Monroe avenue, M street, L street, in said city, as the line of railway of said railway company is now located and platted througli said city, according to plat of said company, filed herewith and marked exhibit A and made a part hereof, together with the right of way upon, along, over and across all alleys crossed or intersected 618 SPECIAL ORDINANCES OF by said located line: Provided^ however^ That there shall not be constructed over O street in said city more than two tracks, in- cluding the main line of said railway. § 2. That said railway company shall construct its railway across the paved streets in said city at grade with the top of its rails on a level with pavement of such streets at said places, so as to afford easy and safe passage by persons and vehicles. § 3. That said railway company shall not allow any trains of cars or engines, or other rolling stock, to stop upon O or R street, nor shall said O or R street be obstructed at any one time to exceed four minutes, or any other of the streets which said railway crosses be obstructed at any one time to exceed ten min- utes. § 4. That said railway company shall, within one year, con- struct a substantial passenger depot building of brick or stone, or brick and stone, at or near the northwest corner of the inter- section of O and 20th streets and north of O street, with rail- road tracks connected therewith, and maintain the same, and shall make, pave, and maintain an open passageway at least twenty-five feet wide for the use of the public on the west side and the full length of said block 28 of Kinney’s O street addi- tion to Lincoln, Nebraska. § 5. That said railway company shall make all drainage that may be necessary by reason of the construction of its railroads and tracks and by the vacation of those portions of said streets and alleys vacated by this ordinance. § 6. That said railway company shall constantly keep at its crossings on all paved streets, in said city, gates running parallel with its railroad, with a person in charge to protect all persons and property from injury. § 7. That all that part of P street in said city lying south of lots 9, 10, 11, and 12, in block 13, in Kinney’s O street addition to said city, be and the same is hereby vacated. § 8. That all that part of 20th street in said city lying east . and within thirty feet of block 28, in Kinney’s O street addi- tion to Lincoln, Neb., be and the same is hereby vacated : Pro- vided, however, That said company shall dedicate, pave and keep in repair, as a street, a strip of ground west of its said depot twenty-five feet wide, and through said block 28, in Kinney’s O street addition to Lincoln, Nebraska, so as to connect with O street and with P street in said city. § 9. That all that part of the alley in block 13, in Kinney’s THE CITY OF IJNCOI.N. 619 O street addition to Lincoln, Nebraska, lying south of lots 3 and 4 in said block 13 be and the same is hereby vacated. § 10. That all that part of the alley in block 28, in Kinney’s O street addition to the said city, lying south of lots 1 and 2, in said block 28, be and the same is hereby vacated. § 11. That the alleys between ami on lots 3 and 4, in said block 28, are hereby vacated. § 12. That said Chicago, Rock Island & Pacific Railway Company, its successors and assigns, be and the said railway company, its successors and assigns, are hereby given and granted the right and privilege of occupying so much of said streets and alleys, vacated by this ordinance, as said railway company, its successors and assigns, may at any time desire for its railroad, switches, side tracks, depots, and other railroad purposes. § 13. By the acceptance of the rights and privileges hereby granted, the said railway company shall be taken to agree, and does hereby agree, to save and keep said city of Lincoln harm- less from the payment of any damages, growing out of the rights hereby conferred, in favor of any person whomsoever. § 14. Said railway company shall not construct more than three tracks, including the main line of said company, across each of the following streets: L, M, N, and Monroe avenue, and not to exceed four tracks, including its main line, across Q and R streets, in said city. § 15. Said railroad company shall, within the corporate limits of this city, build and maintain suitable and proper crossings, the full width of the streets, including sidewalk space, over all its tracks, where the same crosses other than paved streets, and shall erect, keep, and maintain an arc light of 2,000 candle- power at its crossings on all the following streets, to-wit: M, N, O, Q, R and Vine streets. § 16. Said Chicago, Rock Island & Pacific Railway Company, its successors, and assigns, shall at all times conform and be sub- ject to all reasonable rules, regulations, and ordinances of said city, whether the same are now in force or shall hereafter be made and passed. § 17. This ordinance shall take effect and be in force from and after its passage, approval, and publication according to law. [Passed July 12, 189^ Approved July 13, 1892. Pub- lished in Sun July 25, 1892.] ■^ 16 / THE CITY OF JJNCOLN. 621 AN ORDINANCE providing for the passage of the railway of the Chicago, Rock Island, and Pacific Railway Company across and through the streets and alleys of the city of Lincoln, county of Lancaster, state of Nebraska, Irom the south side of L street, near 22d street, in said city, in a southeasterly direction to the southern limits of said city. Be it 07'dained by the Mayor and Council of the City of Lincoln: 1642. § 1. That the right of way one hundred feet wide be, and the same is hereby, granted to the Chicago, Rock Island and Pacific Railway Company, its successors and assigns, to construct, operate, and maintain its railway, side tracks, switches, and second tracks appurtenant to said line, for railroad purposes, over, through, along, and across the following named streets in the city of Lincoln, Nebraska: J, H, Randolph, E, D, A, Wash- ington, Everett, Garfield, Sumner, South, 22d, 25th, 26th, 27th, Devris, 30th, Melrose avenue. Laurel avenue, Sherman avenue, and Oak streets, said right of way begins at the south line of L street near 22d street and runs thence in a southeasterly direc- tion over premises purchased by said company for right of way, and abutting said streets, avenues, and alleys, at places of pas- sage of said railway on such right of way as the line of said railway is now located, surveyed, and staked through said city, according to the plat of said company, together with the right of way upon, along, over, and across all alleys crossed or inter- sected by said located line. § 2. That said railway company shall make all drainage that may be necessary by reason of the construction of its railroad and tracks. § 3. By the acceptance of the rights and privileges hereby granted the said railway company shall be taken to agree, and does hereby agree, to save and keep said city of Lincoln harm- less from the payment of any damages, growing ont of the rights hereby conferred, in favor of any person whomsoever. § 4. Said railway company shall, within the corporate limits of said city, build and maintain suitable and proper crossings over all its tracks where the same cross any streets, and shall keep and maintain an arc light of two thousand candle power at the crossings on the following streets: J, Randolph, and 27th. § 5. This ordinance shall take effect and be in force from and after its passage, approval, and publication according to law. [Passed August 16, 1892. Approved August 17, 1892. Pub- lished in Sun, August 17, 1892.] 622 SPECIAL ORDINANCES OF AN ORDINANCE to grant to the Chicago, Rock Island A Pacific Railway Comiiany the right to construct and maintain aviaduct at and near the intersection of North and Eighteenth streets, in the city of Lincoln, Nebraska, with suitable approaches thereto. Be it ordained by the Mayor and Council of the City of Lincolnj Nebraska : 1643. § 1. That there is hereby granted the Cliicago, Rock Island & Pacific Railway Company the privilege of constructing a wooden viaduct, forty feet wide and ninety feet in length, on North street, in the city of Lincoln, Nebraska, at and near the intersection of Eighteenth street. § 2. That such viaduct shall have two driveways, one on each side thereof, for easy and convenient travel thereon of wagons, carriages, and other vehicles, which driveways shall be at least sixteen feet wide, the floor of which shall be raised at least four inches above the carriage way. And said company shall also ])rovide suitable approaches at its own expense, at each end of said viaduct, which shall have a grade not to exceed one foot to twenty feet in length, and be made the full width of said viaduct. § 3. That said company shall have said viaduct and suitable ap[)roaches thereto ready for public travel within sixty days from the passage of this ordinance. And said company shall have during said time, on and after the passage of this ordinance, the privilege of occupying such parts of streets and alleys in and around the place of said viaduct as may be necessary in placing its materials, timbers and earth, and in constructing said viaduct and approaches. § 4. That said the Chicago, Rock Island & Pacific Railway Company is further required to keep constantly in suitable re- pair said viadu t and approaches thereto for the easy and con- venient use of the same by the public as a passage way. § 5. That by the granting of the franchises and privileges herein mentioned the said company agrees to keep and hold harmless the city of Lincoln from any and all damages sustained by any person whomsoever, in consequence of the building, con- struction, and maintenance of said viaduct and the approaches thereto. § 6. This ordinance shall take effect and be in force from and after its passage, approval, and publication according to law. [Passed August 24, 1892. Approved August 26, 1892. Pub- lished in Sun August 27, 1892.] THE CITY OF EINCOIvN. 623 AN OllDlNANCE granting to the Fremont, Elkhorn & Missouri Valley Railroad Com- pany the right of way for a railroad in a portion of X street in the city of Lincoln. Be it ordained by the Mayor and Council of the City of Lincoln: 1644. § 1. Tiiat there be, and hereby is, granted unto the Fremont, Elkhorn & Missouri Valley Railroad Company power and authority to lay down, construct, and operate a line of railroad in and along that portion of X street in the city of Lincoln lying between the west line of said city and the east line of 11th street and on the north side of the track of the Mis- souri Pacific Railway Company as now located in said street, the tracks of the two railroads to be fourteen (14) feet apart from center to center in that part of said street west from a point one hundred and fifty (150) feet west of the west line of 11th street. And said Fremont, Elkhorn & Missouri Valley Railroad Company shall have the further right to lay down and operate side-tracks or switches in said street for local business purposes: Provided^ however^ That said railroad company shall keep the city harmless from any and all damages that may be sustained by reason of the placing and maintaining of said rail- road track on said X street. § 2. This ordinance shall take effect and be in force from and after its passage, ap[)roval, and publication according to law. [Passed November 1, 1892. Approved November 3, 1892. Published in Journal November 8, 1892.] AN ORDINANCE providing for the passage of svvitcli railways of the Chicago, Rock Island and Pacific Railway Company across and through the streets and alleys of the city of Lincoln, county of Lancaster, state of Neliraska, between II and E streets, in said city. Be it ordained by the Mayor and Council of the City of Lincohi : 1645. § 1. That the right of way be and the same is hereby granted to the Chicago, Rock Island and Pacific Railway Com- pany, its successors and assigns, to construct, operate, and main- tain the following switches appurtenant to said line for railroad purposes : 1. A switch track commencing on the right of way of the Chicago, Rock Island and Pereby granted the right to erect and maintain poles and wires over and along the streets and alleys of the city of Lincoln, as aforesaid, for the purpose of furnishing and renting power to drive electric motors for others: Provided^ That such poles and wires shall be erected so as not to interfere with the ordinary travel through such streets and alleys, and that said poles and wires shall be temporarily removed whenever necessary to allow the grading of a street or alley. § 3. Any person who shall interfere with, cut, injure, remove, break, destroy, deface, or post bills upon any of the poles, wires, fixtures, or other property of the North Lincoln Street Railway Company, within the corporate limits of the city of Lincoln, shall be fined in any sum not exceeding fifty dollars nor less than ten dollars. § 4. This ordinance shall take effect and be in force from and after its passage, approval, and publication according to law. [Passed June 16, 1890. Approved June 19, 1890.] AN ORDINANCE granting to the Lincoln Street Railway Company the right to generate and use electric light, heat, and power for propelling its cars and lighting the same and lighting its buildings and stations, erect poles, wires, and power stations, to make all necessary connections, and to operate and light its cars by electricity. Be it ordained by the 3Iayor and Council of the City of Lincoln : 1667. § 1. That the Lincoln Street Railway Company, its suc- cessors and assigns, be and is hereby authorized to generate and use electric heat, light, and power for propelling its cars and lighting the same and lighting its buildings and stations, and to erect and maintain all necessary poles or ducts^ wires or conductors, and THE CITY OF LINCOLN. 645 make all necessary connections for all purposes by means of well- insulated mains and auxiliary feeders from the power station or stations to the necessary points on its line of railroad, and to 0 [)erate the cars on all lines now owned or controlled or to be hereafter acquired, leased, or controlled by said company, by means of electric energy conveyed by overhead conductors or by means of any other improved electric system now or hereafter invented or devised: Pro?;^c?e(i, That said company shall begin on the work of putting in this system within six mouths from this date. § 2. All poles erected in the business or thickly settled por- tions of the city shall be hexagonal or octagonal in shape, well finished, and painted; those in outlying districts to be smooth, well finished, and painted, and wherever a double track is now or may hereafter be constructed, said Lincoln Street Railway Company shall erect a single line of iron poles in the space be- tween said tracks, where ordered by the Mayor and City Council, for the purpose of carrying its wires, but no such poles shall be set within ten feet of any intersection. § 3. The said Lincoln Street Railway Company may also con- struct, erect, and maintain one or more power station buildings, and place therein, boilers, engines, pumps, dynamos, and all nec- essary machinery for the purpose of generating electric power and light for the propulsion and lighting of its cars and buildings on all lines now or which may hereafter be owned, leased, or operated by said company. § 4. The cars shall be of the latest pattern, provided with suitable guards or fenders, and at night a headlight shall be af- fixed to the front dash or roof, and they shall be in charge of a motorman and a conductor, and shall not be propelled at a danger- ous rate of speed. § 5. This ordinance shall take effect and be in force from and after its passage, approval, and publication according to law. [Passed October 15, 1890. Approved October 17, 1890.] AN ORDINANCE granting to the Standard Street Railway Company the right to gen- erate and nse electric light, heat, and power for propelling its cars and lighting the same and lighting its buildings and stations, erect poles, wires, and poAver stations, to make all necessary connections, and to operate and light its cars by electricity. Be it ordained by the Mayo7' and Council of the City of Lincoln: 1668. § 1. That the Standard Street Railway Comjiany, its successors and assign, be and is hereby authorized to generate 646 SPECIAL ORDINANCES OF and use electric heat, light, and power for propelling its cars and lighting the same and lighting its buildings and stations, and to erect and maintain all necessary poles or ducts, wires, and con- ductors, and make all necessary connections for all purposes, by means of well-insulated main and auxiliary feeders from the power station or stations to the necessary points on its lines of railroad, and to operate the cars on all lines now owned or con- trolled or to be hereafter acquired, leased, or controlled by said company, by means of electric energy conveyed by overhead con- ductors or by means of any other improved electric system now or hereafter invented or devised : Pr'ovided^ That said company shall begin on the work of putting in this system within six months from this date. § 2. All poles erected in the business or thickly settled por- tions of the city shall be hexagonal or octagonal in shape, well finished and painted; those in outlying districts to be smooth, w^ll finished, and painted, and wherever a double track is now or may hereafter be constructed, said Standard Street Railway Company shall erect a single line of iron poles in the space be- tween said tracks, where ordered by the Mayor and City Coun- cil, for the purpose of carrying its wires, but no such poles shall be set within ten feet of any intersection. § 3. The said Standard Street Railway Company may .also construct, erect, and maintain one or more power station build- ings, and place therein boilers, engines, pumps, dynamos, and all necessary machinery for the purpose of generating electric ])Ower and light for the propulsion and lighting of its cars and buildings on all lines now or which may hereafter be owned, leased, or operated by said company. § 4. The cars shall be of the latest pattern, provided with suitable guards or fenders, and at night a headlight shall be af- fixed to the front dash or roof, and they shall be in charge of a motorman and a conductor, and shall not be propelled at a dan- gerous rate of speed. § 5. This ordinance shall take effect and be in force from and after its approval, passage, and publication according to law. [Passed October 27, 1890. Approved October 28, 1890.] THE CITY OF LINCOLN. 647 AN ORDINANCP] sranting' to the Capital Heights Street Railway Company i)erraission to erect, use, and maintain poles and wires and generating stations for the purpose of generating electric light and power. Be it ordained by the Mayor and City Council of Lincoln^ Ne- braska : 1669. First — That the Capital Heights Street Railway Com- pany, its successors and assigns, be and is hereby authorized to establish, construct, maintain, and operate within the corporate limits of the city of Lincoln the necessary buildings and power stations, with all necessary machinery, for the purpose of gener- ating and using electricity for illuminating and power purposes, and to erect and maintain within said city and upon the streets thereof poles and wires for the purpose of conveying electricity to be used in propelling and lighting street cars by what is known as the overhead system, all poles to be set under the supervision of the City Engineer and in accordance with the city ordinance. This ordinance shall take effect and be in force from and after its passage, apjiroval, and publication according to law. [Parsed December 8, 1890. Approved December 9, 1890.] AN ORDINANCE granting to the Lincoln City Electric Railway Company, its successors and assigns, the ri.i'ht to erect, maintain, and operate in the streets and alleys, and I)ublic grounds of the city of Lincoln, posts, ])oles, wires, and other structures and appliances necessary or proper for conducting electricity for power purposes. Be it ordained by the Mayor and Council of the City of Lincoln ^ Nebraska : 1670. §. That there is hereby granted to the Lincoln ('ity Electric Railway Company, its successors and assigns, the right and authority to erect, maintain, and operate on and in all the streets, alleys, and public grounds within the corporate limits of the city of Lincoln, as said limits are now or may hereafter be prescribed, posts, poles, wires, and other structures and appliances necessary or proper for conducting electricity for power purposes. § 2. Snch posts, poles, wires, and other structures and ap[)li- ances shall be so placed, erected, and maintained as to offer the least obstruction to the ordinary use of said streets, alleys, and ])ublic grounds for travel, as provided by ordinance. § 3. This ordinance shall take effect and be in force from and after its passage, approval, and publication according to law. [Passed April 27, 1891. Approved April 30, 1891.] 648 SPECIAL ORDINANCES OF AN ORDINANCE f^ranting to the Lincoln City Electric Railway Company, its successors or assigns, the riglit to erect, maintain, and operate in the streets and alleys, and ])nblic grounds of the city of Idncoln, posts, poles, wires, and other structures and appliances necessary or proper for conducting electricity for lighting and illumi- nating purposes. Be it ordained by the Mayor and Council of the City of Lincoln^ Nebraska : 1671. § 1. That there is lierehy granted to tlie Lincoln City Electric Railway, its successors and assigns, tlie right and au- thority to erect, maintain, and operate on and in all the streets, alleys, and pubic grounds within the corponite limits of the city of Lincoln, as said limits are now or may be hereafter [irescribetl, j)Osts, poles, wires, and other structures and ajipliances necessary or proper for conducting electricity for lighting and illuminating purposes. § 2. Such posts, poles, wires, and other structures and appli- ances shall be so placed, erected, and maintained as to offer the least obstruction to the ordinary use of said streets, alleys, and jiublic grounds for travel, as provided by ordinance. § 3. This ordinance shall take effect and be in force from and after its passage, approval, and publication according to law. [Passed April 27, 1891. Approved April 30, 1891.] AN ORDINANCE to amend sections 2 and 4 of an ordinance entitled “An ordinance granting to the Lincoln Street Railway Company- the right to generate and use elec- tric light, heat, and power for propelling its cars and lighting the same and light- ing its buildings and stations, erect poles, wires, and power stations, to make all necessary connections, and to operate and light its cars by electricity.” Be it ordained by the Mayor and Council of the City of Lincoln: 1672. § 1. Tluit section 2 of an ordinance entitled ^‘An or- dinance granting to the Lincoln Street Railway Company the right to generate and use electric light, heat, and power for pro- pelling its cars and lighting the same and lighting its buildings and stations, erect poles, wires, and power stations, to make all necessary connections, and to operate and light its cars by elec- tricity,^’ be amended so as to read as follows: ^^All poles erected for the purpose of carrying wires shall be of wood and round in shape, well finished and painted. Hereafter no poles shall be erected or maintained in the space between the tracks where a double track is now or hereafter may be constructed, but all poles shall be set one foot inside of the curb line as at that time located by the City Engineer.” THE CITY OF LINCOLN. 649 § 2. That section 4 of said ordinance be so amended to read as follows: “Tlie cars shall be of the latest pattern, provided with suitable guards or fenders, and at night a headlight shall be fixed to the front dash or roof, and all cars operated on the lines commonly and usually designated as the Ninth and West A street lines, the Twelfth street line, the R street and Bethany Heights line, the P, Sixteenth, and Vine street line, the West Lincoln line north of the Burlington & Missouri railroad tracks, and the Wyuka Cemetery line east of the intersection of Twenty- seventh and O streets shall be in charge of a conductor or motor- man; and all cars operated on all other lines shall be in charge of two men, a conductor and motormau, as follows; On all north and south lines the cars shall be in charge of a conductor and motorman as far south as the point where such line intersects A street and on O street, West Lincoln line from O street to the crossing of the B. & M. R. R., from Seventh to Twenty-seventh streets, and on Twenty-seventh street, and such cars shall not be propelled at a dangerous rate of speed. The motorman or con- ductor, as the case may be, in charge of said cars shall at all times be prepared to make change to an amount not exceeding twodol- lars.^^ § 3. Sections 2 and 4 of said ordinance as heretofore existing are hereby repealed. § 4. This ordinance shall take effect and be in force from and after its passage, approval, and })ublication according to law. [Passed August 2, 1892. Approved August 9, 1892.] AN ORDINANCE authorizing the Lincoln and Salt Lake Railway Company to con- struct its railway over and across the viaduct to be constructed on O str eet from about 3d street to the east side of 8th street, and to regulate the use thereof and the compensation therefor. 1673. Whereas, The Lincoln and Salt Lake Railway Com- pany has constructed and is operating a line of railway from Burlington Beach, on said Salt Lake, to and by authority of the City Council, upon and over Q and 3d streets to O street in the city of Lincoln; and Whereas, The city of Lincoln is about to construct or cause to be constructed a viaduct upon O street from about 3d street, the present terminus of said company's line of road, to 8th street, over the railway tracks of the Chicago, Burlington & Quincy Railroad Company and the Omaha & Republican Val- ley Railway Company; and 29 650 SPECIAL ORDINANCES OF Whereas, For the accoinraoclation of the people wlio wish to visit the said lake, and for the successful operation of said rail- way, it is necessary that said company should have some reason- able facilities for getting into the city at such place as to be rea- sonably convenient for the people to reach said road, and that there is no way of accomplishing that purpose except by way of the viaduct as in this ordinance provided ; therefore. Be it ordained by the Mayor and Council of the City of Lincoln : § 1. That the Lincoln & Salt Lake Railway Company be and the same is hereby authorized to construct, operate, and maintain a double track street railway u[)on and over the viaduct to be constructed on O street from about 3d street to the east side of 8th street in said city, together wdth a reasonable and convenient landing place in O street east of the east approach of said via- duct, with the right to locate wires for the proper operation thereof by electricity, under and in pursuance of the conditions of this ordinance and subject to the reasonable regulations of the City Council hereafter: That this ordinance shall not be construed as granting an exclusive franchise, but any and all lines shall use the tracks over said viaduct jointly by each bear- ing their share of the exj)ense of same. § 2. Before the said company shall commence the construc- tion of any part of said road upon said viaduct, it shall notify the Council thereof and pay the city the cost of the pavement between the rails of its tracks upon said viaduct, and enter into an agreement to keep at its own expense that part of the paving between the rails of its said tracks in good repair, and to repave the same from time to time as the same may become necessary ; and in repairing said paving and repaving such materials shall be used as the City Council may direct. § 3. Under the provisions of this ordinance the said company shall have the right, if it so elects, to construct its tracks at the same time and with the construction of the said viaduct, but it shall not interfere in any way with the construction thereof, any more than may be necessary for the construction of its said rail- way, and shall in no event cause any delay in the construction of the viaduct. § 4. In the operation of said road the same shall be done at the least possible inconvenience to the public, and can only be operated by electric power, except by special permission of the Mayor and City Council; but in no event can the cars thereon THE CITY OF LINCOEN. 651 be propelled by steam power. The rate of speed on said viaduct shall never exceed four (4) miles an hour. § 5. Th is ordinance shall take effect and be in force from and after its passage, approval, and publication according to law. [Passed Januury 10, 1893. Approved January 17, 1893 Pub- lished in News January 19, 1893.] Article XV. Telephone and Telegraphs. AN ORDINANCE granting certain privileges to the Lincoln Telephone Exchange Com- pany, and for the protection of the property thereof. Be it ordained by the Mayor and Council of the City of Lincoln : 1674. § 1. Lines and Apparatus, how Constructed, ETC. — That the Lincoln Telephone Exchange Company is hereby authorized to build, erect, and maintain and operate, within the corporate limits of the city of Lincoln, a telephone exchange line, and for this purpose the right is hereby granted said company to build, erect, and maintain, in the streets and alleys of said city, all necessary poles, wires, and apparatus, for the operation of such line: Provided, That all -telephone [)oIes shall be erected in said streets at a distance of twenty feet from the line of the street adjoining the lots, and all poles, wires, and apparatus, shall be erected at such distance apart, and of such height, that the free use of the streets for ordinary purposes shall not be inter- fered with nor obstructed, and that said telephone wires shall be temporarily removed, or taken down, when so directed by a resolution of the City Council, approved by the Mayor, upon a reasonable notice being given therefor; And Provided further, That when any street improvement is being made under the au- thority of the City Council of the city of Lincoln, that at the request of the Overseer of Streets, or [)erson in charge of such improvement, the said Lincoln^ Telephone Exchange Company shall at once remove the poles, wires, and apparatus, to such place as may be directed by the Overseer of Streets, pending the completion of such improvement; And Provided further. That the City Council of the city of Lincoln may at any time hereafter, from time to time, amend this ordinance, leaving the franchise herein granted unimpaired. § 2, — Protection of. — It shall be unlawful for any person 652 8Pp:cial ordinances of to cut, chop, injure, destroy, or cut down, any telephone pole in the city of Lincoln, or to break, cut, tear down, injure, or destroy, any tele[)hone wire or apparatus within the city of Lincoln, or to paste, tack, or to put up, on any telephone pole within the city of Lincoln any bill, notice, or advertisement of any kind. § 3. — Penalty. — Whoever shall be convicted of a violation of any of the provisions of section two of this ordinance, shall be fined in any sum not less than two dollars nor more than twenty-five dollars, and costs of prosecution, and shall stand committed until such fine and costs are paid. § 4. — When to Take Effect. — This ordinance shall be in force from and after its passage, approval, and publication ac- cording to law. Passed February 28, 1881. Approved March 2, 1881. Pub- lished March 4, 1881. AN ORDINANCE granting certain rights and privileges to the Nebraska Telephone Company, and providing for the protection of the property thereof in the city of Lincoln. Be it ordained by the Mayor and Council of the City of Lincohiy Nebraska: 1675. § 1. That the Nebraska Telephone Company, suc- cessors or assigns, be and are hereby granted right of way for the erection and maintenance of poles and wires, with all the appurtenances thereto, for the purpo.se ot transacting a general telephone and telegraph business, through, upon, and over, the streets, alleys, and public grounds, of the city of Lincoln. Provided y fir sty That said company shall, at all times, when requested by the city authorities, permit their poles and fixtures to be used for the purpose of jilacing and maintaining thereon any wires which may be necessary for the use of the police or fire departments of the city, without compensation ; and Providedy secondy That all telephone poles shall be erected so that the outside of the pole will be nineteen feet from the lot lines in the business portion, and twenty-four feet in the resi- dence portion of the city, and such poles and wires shall be erected so as not to interfere with ordinary travel through such streets and alleys; and Providedy thirdy That wires shall in no part be nearer than twenty feet to the surface of the ground; and Providedy fourth y That when any street improvement is being THE CITY OF LINCOLN. 653 made under the authority of the City Council of the city of Lincoln, at the request of the Council, or of the committee hav- ing charge of the streets and grades, the said telephone company shall at once remove the poles and wires to such places as may be directed by the said Council, or committee, pending the com- pletion of such improvement; and Provided, fifth, Whenever it shall be necessary for any author- ized person to move along or across any of said streets or alleys, any vehicle or structure of such height or size as to interfere with any poles or wires so erected, the company using and oper- ating such poles and wires shall, upon receiving twenty-four hours’ notice in writing, served upon agent or manager, tempo- rarily remove such poles and wires from such places as must necessarily be crossed by such vehicle or structure; and Provided, sixth. In case the said wires and poles shall not be moved by said telephone company, as required by this ordinance, the removing of the same may be caused and directed by the Committee on Streets and Grades, at the expense of said company. § 2. Any j)erson who shall interfere with, cut, injure, remove, break, or destroy, any of the poles, wires, fixtures, instruments, or other property of any telephone company or association, or who shall paste, tack, or put up, on any poles or fixtures of any telephone company within the city of Lincoln, any bill, notice, or advertisement of any kind, shall be deemed guilty of a mis- demeanor, and on conviction thereof shall be fined in any sum not exceeding one hundred dollars ($100). § 3. The City Council of the city of Lincoln may, at any time hereafter, amend this ordinance, leaving the franchise herein granted. § 4. This ordinance shall take effect and be in force from and after its passage, approval, and publication according to law. Passed October 12, A. D. 1885. Approved October 14, A. D. 1885. AN ORDINANCE granting certain privileges to the Lincoln District Telegraph Com pany, and providing for the protection of the property thereof in the city of Lin- coln. Be it ordained by the Mayor and Council of the City of Lincoln, Nebraska : 1676. § 1. That the Lincoln District Telegra[)h Company, successors, or assigns, be and are hereby granted right of way for the erection and maintenance of poles and wires, with all the 654 SPECIAL ORDINANCES OF appurtenances thereto, for the purpose of transacting a general dis- trict telegraph business through, upon, and over, the streets, alleys, and public grounds, of the city of Lincoln: Provided, firsts That said company shall at all times, when requested by city authori- ties, permit their poles and fixtures to be used for the purpose of placing and maintaining thereon any wires which may be neces- sary for the use of the police or fire department of* the city, without compensation; and providing said company are to use telegraph and telephone poles as far as j)racticable ; and the city shall have the use of said company’s wires and apparatus for use of police and fire department free of charge; and Provided, second, That all telegraph poles shall be so erected that the outside of the pole will be two feet less than one-fourth the width of the street from the lot lines, and such poles and wires shall be erected so as not to interfere with ordinary travel through such streets and alleys; and Provided, third, That wires shall in no part be nearer than twenty feet to the surface of the ground; and Provided, fourth. That when any street improvement is being made under the authority of the City Council of the city of Lincoln, at the request of the Council or of the committee hav- ing charge of the streets and grades, the said Lincoln District Telegraph Company shall at once remove thb poles and wires to such places as may be directed by said Council or committee, pending the completion of such improvement; and Provided, fifth, Whenever it shall be necessary for any au- thorized person to move along or across any of said streets or alleys, any vehicle or structure of sucli height or size as to inter- fere with any poles or wires so erected, the company using and operating such poles and wires shall, upon receiving twenty-four hours’ notice in writing served u])on agent or manager, tempo- rarily remove such poles and wires from such places as must necessarily be crossed by such vehicle or structure; and, Provided, sixth, In case the said wires and poles shall not be moved by said Lincoln District Telegraph Company, as required by this ordinance, the removal of the same may be caused or di- rected by the Committee on Streets and Grades at the expense of said company; and, Provided, seventh, That this franchise is granted subject to all ordinances now or hereafter to be in force relating to tele- graph and telephone companies : And Provided further. That said corporation or company THK CITY OP IJNCOLN. 655 shall not sell, transfer, assign, or lease, the franchise, or any part thereof, to any coi'poration, persoii, or [)ersons, without the con- sent of the Mayor anil Council of the city of Lincoln. § 2. Any person who shall interfere with, cut, injure, remove, break, or destroy, any of the poles, wires, fixtures, instruments, or other property of any Lincoln District Telegraph Company or association, or who shall paste, tack, or put up, on any poles or fixtures of any Lincoln District Telegraph Company within the city of Lincoln, any bill, notice, or advertisement of any kind, shall be deemed guilty of a misdemeanor, and on convic- tion thereof shall be fined in any sum not exceeding one hundred dollars ($100). § 3. The City Council of the city of Lincoln may, at any time hereafter, amend this ordinance, leaving the franchise herein granted. § 4. This ordinance shall take effect and be in force from and after its passage, approval, and })ublication according to law. Approved this 4th day of June, A. D. 1887. AN ORDINANCE granting the right of way to the Pacific Telegraph Company, and regulating the same. Be it ordained by the Mayor and Councilmen of the City of Lin- coln, Nebraska: 1677. § 1. The Pacific Telegraph Company, its successors and assigns, are hereby granted the right of way for the erection and maintenance of poles and wires with all the appurtenances thereto, for the purpose of transacting a general telegraph busi- ness through, upon, and over, the streets, alleys, and public grounds, of the city of Lincoln, under such reasonable regula- tions as may be provided by ordinance: Provided^ Such poles and wires shall be erected so as not to interfere with the ordinary travel through such streets and alleys : And Provided fm'ther. That said poles and wires shall be temporarily removed when- ever necessary to allow the grading of a street or alley. § 2. Any person who shall interfere with, cut, injure, remove, break, or destroy, any of the poles, wires, fixtures, instruments, or other property of the Pacific Telegraj)h Company, within the corporate limits of the city of Lincoln, shall be fined in any sum not exceeding fifty dollars. § 3. This ordinance shall take effect and be in force from and after its passage, approval, and publication according to law. Passed September 21, 1885. Approved September 25, 1885. 656 SPECIAL ORDINANCES OF AN ORDINANCE to amend an ordinance entitled “An ordinance granting to the Ne- braska Telephone Company, its successors or assigns, the right to lay and maintain underground conduits, cables, and wires, with necessary appliances, in the streets and alleys in the city of Lincoln, Neb.” Be it ordained by the Mayor and Council of the City of Lincoln^ Neb.: 1679. § 1. The right and privilege is hereby granted to the Nebraska Telephone Company, a corporation organized and ex- isting under the laws of the state of Nebraska, its successors and assigns, to construct, lay down, maintain, and operate in the city of Lincoln, including all the streets, alleys, avenues, and thor- oughfares thereof, underground conduits, with the necessary manholes and other appliances, and the wires or other conductors to be contained therein, for the transmission of electricity for “telegraphic, telephonic’^ and other purposes for which electricity may be used to transmit intelligence by signals or sounds. Such wires or conductors may be laid in pipes or conduits, or other- wise protected, and such other apparatus and appliances may be used as may be necessary or proper to maintain or operate the same; and the necessary connections to subscribers, stations, and other points may be made from such wires or conductors in localities where the same may be required, in such manner as may be best adapted to the location, and with such means, ap- paratus, and appliances as may be necessary or convenient. 8uch underground conduits, with the necessary manholes and other appliances, and the works or other conductors contained therein, shall be laid, as far as practicable, in the alleys of said city, under the supervision of the City Engineer: And Provided further, That in all cases where said Nebraska Telephone Com- pany commence their conduits on any street, the same side of the street shall, where practicable, be occujiied by said company for the entire distance in which their conduits are built on said street: And Provided further, That this section shall not be con- strued as authorizing the laying of such conduits or works through or over any private property. § 2. Nothing in this ordinance shall be construed as granting unto the said Nebraska Telephone Company, its successors and assigns, the exclusive right, or to prevent the granting of similar or other rights to other companies or individuals for like pur- poses. § 3. Before constructing any portion of the work hereby authorized, the said Nebraska Telephone Company shall file with THE CITY OF LINCOLN. G57 the City Engineer a plan and map of said work, which shall be subject to the approval of the City Engineer, whose approval shall be in writing and filed with the City Clerk, showing the location and character of its proposed work, and all such work shall be performed under the supervision of the City Engineer of the city of Lincoln : Provided^ That said Nebraska Telephone Company shall not be allowed to enter upon or interfere with more than two blocks of any one street or alley at one time for the purpose of constructing said underground conduits. § 4. In every underground conduit constructed under the pro- visions of this ordinance there shall be provided, if required, - free of cost or rent, during the continuance of this franchise, all the room required for laying therein the electrical wires of the fire department and the police telephone and telegraph wires now belonging or that may belong to the city of Lincoln for their exclusive use, and the police and fire departments, by their elec- trical superintendents, shall be allowed access to said wires at all times. § 5. The said Nebraska Telephone Company, its successors and assigns, shall accept the provisions of this ordinance within thirty days from the date of its passage, and shall within one year thereafter construct one mile of undergronnd conduit. § 6. That before exercising any of the privileges granted by this ordinance the said Nebraska Telephone Company, its suc- cessors and assigns, shall file a bond in the sum of twenty thou- sand dollars ($20,000), with two sureties to be approved by the Mayor, conditioned that it will fill all openings and relay all curbing, paving, or guttering which may be disturbed in laying said conduits, and that it will assume and pay all damage for personal and other injuries that may occur, either to private in- dividuals or to corporations, as well as to the city of Lincoln, resulting from or growing out of the negligence or want of care on the part of the said Nebraska Telephone Company, its suc- cessors or assigns, in the construction of any of its conduits as herein provided for, and that it will preserve harmless the city of Lincoln from any liability or expense which may be placed upon it or for which it may be liable on account of any injury resulting from such negligence on the part of the Nebraska Tele- phone Company, its successors or assigns, as aforesaid. Said Nebraska Telephone Company, in addition to above bond, shall be compelled to keep on deposit with the City Treasurer not less than two hundred dollars ($200), subject to the order of the city. G58 SPECIAL ORDINANCES OP to be used for any purpose iu the restoration of pavement and other city improvements after excavation. Tlie said company shall not be liable for damage for personal or other injuries aris- ing from or growing out of any negligence or want of care on the part of the said city, its agents or servants, in the use of said conduits. § 7. The location of said conduits in the streets, alleys, ave- nues, and thoroughfares must not interfere with sewers previously constructed, or iu the progress of construction, or with gas and water pipes ju’eviously laid ; and must be located without any unnecessary injury or public inconvenience: And be it further Provided^ That after the location of the conduits have been fixed and determined as provided in this ordinance, the city shall not, by subsequent grant or franchise to other parties, permit the same to be interfered with, except by the permission of the said Ne- braska Telephone Company, granted in writing and filed with the City Engineer. § 8. And in consideration of the rights and privileges granted to the said Nebraska Telephone Company, by this and prior ordinances, the said Nebraska Telephone Company shall, so long as it exercises such rights and privileges, pay into the city treas- ury of the city of Lincoln annually, as a privilege tax, the sum of $500, said sum to be paid on or before the 1st day of April in each year. § 9. The rights and privileges hereby granted shall continue for the term of fifty years, and shall extend to and be confined to all the streets and alleys of the city of Lincoln and to all ex- tensions of the same, under the terms and provisions of this ordinance. § 10. The said Nebraska Telephone Company shall give a bond, to be approved by the Mayor, in the sum of $10,000, that it will within one year from the passage and approval of this ordinance construct not less than one mile of underground con- duits, and if said work is not done the bond declared forfeited. § 11. This ordinance shall take effect and be in force from and after its passage. Approved and published according to law, [Passed May 15, 1894. Approved May 16, 1894. Pub- lished in News May 16, 1894.] THE CITY OF LINCOLN. ()59 Article XVII. Viaducts, AN ORDINANCE declaring the necessity lor the construction of a viaduct on O street from a point at or near the west line of Eighth street, westwardly to a point near or upon Third street in the city of Lincoln, and the approaches thereto ; also pro- viding for the vacation of O street from the middle of Seventh street to the west side of Fourth street, in said city, and providing for the appointment of appraisers and the assessment of damages, if any, which may be caused to any property by reason of the construction of such \daduct and its approaches. Be it ordained by the Mayor and Council of the City of Lincoln: 1709. § 1. That it is deemed and is hereby declared to be necessary for tlie safety and convenience of the public, and for the protection of life and property, to build, construct, and maintain in and upon O street from a point at or near the west line of Eighth street, westwardly to a point in or upon Third street, in the city of Lincoln, a viaduct, with a width of road- way of twenty-five feet, with a space for foot travel on each side thereof, and with proper approaches thereto, and across the tracks of the railroads of the Chicago, Burlington & Quincy Railroad Company and of the Omaha & Republican Valley Railway Company, and over any railroad track or tracks leased or operated by said companies or either of them. § 2. The plans and specifications for such viaduct and its ap- proaches, together with the estimated cost of the whole work, are now on file in the office of the City Engineer of the city of Lincoln, bearing the approval of the said City Engineer, as well as the approval of the engineering officers of the Chicago, Bur- lington & Quincy Railroad Company and of the Omaha & Re- publican Valley Railway Company; and the said plans and specifications and estimates be and the same are hereby approved and adopted: Provided^ That all minor details and specifications for this work shall be prepared by the City Engineer, and the same are hereby adopted as a part thereof, and cost thereof to be added to cost of viaduct. § 3. The proposition, undertaking, and agreement of the said Chicago, Burlington & Quincy Railroad Company and of the Omaha & Republican Valley Railway Company is hereby rati- fied and confirmed, and the said proposition and undertaking on the part of the said railroad companies is hereby accepted; the same being in words and figures following: Whereas, There is now on file in the office of the City En- SPECIAI. OfiDINANCES OF G()0 gineer of the city of Lincoln certain plans and specifications for the construction of a viaduct in and along O street in the city of Lincoln, from, at, or near the west side of Eighth street to a point at or near Third street in said city, and certain estimates of the cost of such work; now, therefore, the Chicago, Burling- ton & Quincy Railroad Company and the Omaha & Republican Valley Railway Company do hereby jointly propose and under- take to the city of Lincoln: First — That they will, upon the passage of an ordinance of said city to carry out this proposition, assume the payment to the city of Lincoln of three-fifths of the entire cost of said structure, and three-fifths of all damages to abutting property, if any, on account of the construction of said viaduct, and they will pay to the city the necessary funds to meet it, as the work progresses. Second — They further undertake and agree that they will pay, in addition to said sums above named, the full one-fifth cost of the said structure, as a donation to the said city of Lincoln. Third — The said companies further undertake and agree that they will, including the sums named in the above proposition, coniribute a sum equal to the entire cost of the said viaduct and approaches. All sums to be paid from time to time, as required by the city and on demand thereof. The above proposition is subject to the conditions below writ- ten, as tbllows: 1. No part of the cost of such structure, or its approaches, nor any sums for benefits growing out of the construction thereof, shall be assessed by special assessment against the property of said railroads, or either of them. 2. In no event shall said railroad companies be called upon to pay any money in excess of the total cost of said structure and its approaches; and said city shall, in consideration of said do- nation by said railroad companies, save and protect them and each of them from the payment of any sum of money whatever in excess of the amount of the cost of work, labor, and material in and on said structure and approaches. 3. There shall be granted to the Omaha & Republican Valley Railway Company the right to build, on either or both the north or south sides of said viaduct, approaches thereto from its prop- erty upon such plans and specifications as to the length, construc- tion, location, and material thereof, as it may hereafter elect; subject to the condition that the plans and method of construe- THE CITY OF LINCOI.N. m tion, and of the connection of such approaches to and with the body of the structure of said viaduct, shall be first approved by the Board of Public Works of the city of Lincoln: And Fro- vided, That said Omaha & Republican Valley Railway Com- pany shall pay all of the cost of the construction of such ap- proach or approaches, and of the making of such connection or connections. 4. All the part of O street lying between the middle of Sev- enth street and the west line of Fourth street, in the city of Lincoln, shall be vacated as a street, and set apart to the use of said railroad companies for railroad purposes; reserving the right to the city to enter and re-enter thereon for the purpose of re- pairs upon or reconstruction of said viaduct. 5. When the said viaduct is completed the same shall be used and maintained by the city of Lincoln as a street in lieu of and instead of O street, as the same has heretofore existed, at the sole cost and charge of the city of Lincoln : Provided, That no au- thority or permission shall hereafter be granted by the city of Lincoln to any one or more street railway companies to laydown or use upon said viaduct street railway tracks, or to operate over or across said viaduct any street railway until there shall be paid to the city of Lincoln by such street railway company or com- panies a sum equal to the paving between the rails of the tracks of said street railway over and across said viaduct with such material as the city may designate; such sum of money to be so received by the city of Lincoln in trust as a fund to keep said viaduct in repair and maintain the same, or reconstructing such viaduct. All ordinances necessary to the carrying out of this proposi- tion shall be passed and enforced by the city of Lincoln. Omaha & Republican Valley Railway Company, E. Dickinson, A. G. M. The Chicago, Burlington & Quincy Railroad Company, By T. M. Marquett. Dated this 3d day of January, A. D. 1893. 1. The Omaha & Republican Valley Railway Company and the Chicago, Burlington & Quincy Railroad Company hereby consent and agree that the plans and specifications for the viaduct on O street may be modified so as to show on O street an approach to said viaduct from the west in all respects similar to the ap- proach shown on said plans on Third street turning or turned 662 SPECIAL ORDINANCPIS OP towards the north, and consent that the details of sncli amend- ment to the plans aforesaid may be endorsed or drawn upon the original plans now filed with the city. 2. They further agree that the estimate of the City Engineer may be changed to include the cost of the additional work caused by the construction of such approach. 3. They agree that they will pay the cost of the removal of the bridge now on O street at or near Fourth street from its present location to a point on O street west of Third and the cost of re-erecting the said bridge in a new site thereof at the cross- ing of Salt creek over said O street. 4. They further agree that the cost of the additional approach mentioned in the first and second clauses hereof shall be included in and m ide a part of the total cost of the structure to be paid by them according to the terms of their proposition heretofore submitted to you. Omaha & Republican Valley Railway Company, By E. Dickinson, A. G. M. Chicago, Burlington & Quincy Railroad Company, By T. M. Marquett, Attorney in Fact. § 4. At any time during or after the construction of said via- duct the said Omaha & Republican Valley Railway Company is hereby granted the right to build and maintain at its own cost and charge, on either or both the north or south sides of said viaduct, an approach or approaches thereto for its own use from its own property, or from Fourth street, upon such })lans and specifications as to the length, construction, location, and material thereof as it may elect, subject to the condition that the plans for and the method of construction of the connection of such ap- proach to and with the body of the structure of said viaduct shall be first approved by the Board of Public Works of the city of Lincoln. The city of Lincoln undertakes and agrees to cause the present bridge over Salt Creek, on O street, to be removed and re-erected over Salt creek across O street in the city of Lincoln west of Third, and the said Omaha & Republican Valley Railway Company and the Chicago Burlington & Quincy Rail- road Company will, in order to obtain the benefits of this ordi- nance, pay to the city of Lincoln the cost of the removal of said bridge from said point on O street to and its erection on the new site thereof at the point where the same shall be re-erected on O street west of Third street. § 5. When said viaduct is completed according to plans and THE CITY OP LINCOLN. (m specifications thereof now as aforesaid on file in the proper office of the city of Lincoln, and according to the provisions hereof, the said viaduct shall be used and maintained by the city of Lincoln as a street, in lieu of and instead of O street as the same has heretofore existed, at the sole charge of the city of Lincoln : Provided^ That no authority or permission shall hereafter be granted by the city of Lincoln to any one or more street rail- way companies to lay down or use upon said viaduct, railway tracks, or to operate over and across the said viaduct, any street railway, until there shall be paid to the city of Lincoln by such street railway company or companies, a sum equal to the cost of paving between the rails of the tracks of such railway over and across the said viaduct, with such material as the city may desig- nate; such sum of money to be so received by the city of Lin- coln in trust, and that any money derived from such viaduct by the crossing thereon of street railway lines, or otherwise, shall constitute a special fund and shall be applied in making repairs to such viaduct or the approaches thereto, or re-constructing such viaduct. § 6. All of that part of O street which lies between the mid- dle of Seventh street and the west line of Fourth street be and the same is hereby vacated as a street and set apart to the use of said railroad companies for railroad purposes, subject to the right of the city and its agents to enter or re-enter thereon for the purpose of repairing or reconstructing such viaduct, and for laying and relaying, reconstructing or repairing any of the water mains, sewers, sewer pipes, or gas mains within such street: Provided^ That this section shall not take effect or have any force until said viaduct and the approaches thereto are fully com- pleted, nor until the Council shall acce])t the sune by resolution from the contractor : And Provided further, That said city in the performance of any such work in or upon said street shall so do and perform the same in such manner as to least interfere with the operation and management of the said railroads or either of them over and across the same. § 7. It shall be the duty of the Mayor to appoint three dis- interested freeholders of the city of Lincoln, each of whom shall be approved by the City Council, who shall bo known as a board of appraisers, whose duty it shall be to carefully inspect and view all real estate, and assess the damages, if any, which the owner thereof shall sustain by reason of the construction of such viaduct and its approaches, and make re[)ort in writing to the 664 SPP:crAL ORDINANCES OF Mayor and Council of said city. Either party or any taxpayer ot said city shall have the right to appeal from such assessment, or any part thereof, to the district court of Lancaster county, Nebraska, by filing notice of such appeal with the City Clerk within ten days from the filing of such report, in the manner provided for appeals from justice of the peace; but if neither party appeals, such report and each part thereof shall have the force and effect of a judgment. Before said appraisers shall enter upon the discharge of their duties, they shall make and file with the City Clerk an oath that they will fairly and impartially and carefully in person inspect and view all real estate, and assess the damages, if any, to which the owner thereof shall be entitled, or which he may sustain by reason of the construction of such via- duct and its approaches. § 8. Before the said board of appraisers shall have authority to act, the owner of the property, if a resident of the city, shall have at least ten days^ notice in writing, stating the time and place that such appraisement will take place, either by personal service or by leaving a copy thereof at his usual place of resi- dence. If any property affected by the construction of such viaduct be owned by a non-resident, upon whom service of said notice cannot be had in this county, then twenty days’ service of said notice may be made personally wherever such owner may be found, or by publication thereof in some newspaper ])ublished in this city four consecutive weeks, said notice to fix time of appraisement not less than twenty days after the last publication thereof; whereupon, and at said time, the said board shall act, and report thereafter as soon as convenient. Copies of all no- tices, with the manner of service, shall be attached to and returned with their report. § 9. By acting under the provisions of this ordinance the said railroad companies expressly waive any and all claims of dam- ages they, or either of them, may have or suffer by reason of the construction, maintenance, or repair of such viaduct and the approaches thereto, and the city will hold the said railroad com- panies harmless from the payment of any damages to property by reason of the construction of such viaduct and the approaches thereto ; but this shall not ap[)ly to any damages which may arise by or through the negligence of either of said companies in the operation of their roads respectively, or any way connected therewith, whether said last mentioned damages be in the nature of personal injuries or otherwise, or injuries to said viaduct. THE CITY OF EINCOI.N. (m § 10. Tluit ail ordinance entitled “An ordinance declaring llie necessity for the construction of a viaduct on O street from a point at or near tlie west line of Eighth street, westwardly to a point near or upon Tiiird street, in the city of Lincoln, and the approaches thereto; also [)roviding for the vacation of O street from the middle of Third street to the west side of Fourth street, in said city, and providing for the appointment of ap- praisers and the assessment of damages, if any, which may he caused to any property by reason of the construction of such viaduct and its approaches,’’ a})proved January 17, 1893, be and the same is hereby repealed, and this ordinance shall take effect and be in force from and after its passage, approval, and j)ubli- cation according to law. [Passed January 24, 1893. Approved January 25, 1893. Published in News January 26, 1893.] AN ORDINANCE calling a special election in the city of Lincoln, Lancaster county. Nebraska, to enable the electors of said city to authorize the Mayor and Council to borrow and pledge the property and credit of said city, upon its negotiable bonds, to the amount not exceeding two hundred thousand dollars (jfF200,00U), for the pur- pose of constructing a viaduct on Ninth (9th) street in the city over the tracks of the Missouri Pacific Railway Company, Fremont, Elkhorn and Missouri Valley Railroad Company, and the Chicago, Burlington and Quincy Railroad Company, and to levy a tax on all the taxable property of said city, in addition to all other taxes, sufficient to pay the principal and interest on said bonds as the same be- come due and payable. Be it ordained by the Mayor and Council of the City of Lincoln : 1712. § 1. A special election is hereby called to be held in the city of Lincoln, in the county of Lancaster and slate of Ne- braska, on the 6th day of November, 1894, at the places herein- after specified in the several elect’on districts in said city, to vote upon the following proposition, that is to say: Shall the Mayor and the Council of the city of Lincoln, Lan- caster county, Nebraska, have the power to borrow money, and , pledge the pro})erty and credit of said city of Lincoln, upon its negotiable bonds, to an amount not exceeding two hundred thou- sand dollars ($200,000), for the purpose of constructing a viaduct and approaches thereto, including damages resulting from the construction thereof, on Ninth (9th) street in said city over the tracks of the Missouri Pacific Railway Company, the Fremont, Elkhorn & Missouri Valley Railroad Company, and the Chi- cago, Burlington & Quincy Railroad Company, said amount be- ing the estimated cost of the construction of said viaduct, ap- proaches thereto, and damages resulting from the construction 666 SPECIAL ORDINANCES OF thereof; and shall the Mayor and Council of said city have the power to levy a tax-on all taxable property of said city, in ad- dition to all other taxes, sufficient to pay the principal and in- terest on said bonds as the same become due and payable; but no tax shall be levied for any portion thereof that can be col- lected from the railroad companies by assessment or otherwise. § 2. The bonds proposed by the proposition contained in sec- tion one hereof shall draw interest at the rate of six per cent per annum from the date of their delivery, payable semi-annually, said interest to be evidenced by coupons thereto attached. Said bonds shall be drawn payable to bearer five years after date, but redeemable at the option of the city at any time, and shall be dated the date of their delivery, and the interest and principal of said bonds shall be payable at the fiscal agency of the state of Nebraska in the city of New York. § 3. That the proceeds of the sale of said bonds shall be paid to the Treasurer of said city, and shall be by said City Treasurer kept in a separate fund, to be known as a viaduct fund, and used only for the purposes herein indicated. § 4. The judges and clerks of the election herein called shall be the judges and clerk of the general election held on the same day, and the places for voting hereon shall be the same as for said general election. The rules and regulations of said general election shall govern as to this election, so far as the same are applicable. § 5. Should a majority of the ballots cast at said election upon the above proposition be in favor thereof, then the Mayor and Council shall be authorized to issue and sell the bonds hereinbe- fore described and to use the money therefor for the purposes designated in this ordinance. § 6. The ballots voted at such election shall have written or printed thereon, or partly written and partly printed thereon, the words: ^‘Shall the Mayor and Council of the city of Lincoln, Lancaster county, Nebraska, have power to borrow money, and pledge the property and credit of said city of Lincoln, upon its negotiable bonds, to an amount not exceeding two hundred thou- sand dollars ($200,000), for the purpose of constructing a viaduct on Ninth (9th) street, commencing forty feet south of south line of U street, running north eighteen hundred seventy-five feet (1875) to a point one hundred twenty feet (120) north of north line of Y street, in the city of Lincoln, over the tracks of the Chicago, Burlington & Quincy Railroad Company, the Fremont, THE CITY OF LINCOLN. 667 Elkliorn & Missouri Valley Railroad Company, and the Mis- souri Pacific Railway Company, and to levy a tax on all taxable property of the city of Lincoln, in addition to all other taxes, sufficient to pay the princi})al and interest on said bonds as the same may become due and payable? Yes. Or, Shall the Mayor and Council of the city of Lincoln, Lancaster county, Nebraska, have power to borrow money, and pledge the property and credit of said city of Lincoln, upon its negotiable bonds, to an amount not exceeding two hundred thousand dollars ($200,000), for the purpose of constructing a viaduct on Ninth (9th) street, com- mencing forty feet south of the south lijie of U street, running north eighteen hundred seventy-five (1875) feet to a point one hundred twenty feet (120) north of north line of Y street over the tracks of the Chicago, Burlington & Quincy Railroad Com- pany, the Fremont, Elkhorn & Missouri Valley Railroad Com- })any, and the Missouri Pacific Railway Company in the city of Lincoln, and to levy a tax on all taxable property in the city of Lincoln, in addition to all other taxes, sufficient to pay the prin- cipal and interest on said bonds as the same may become due and j)ayable? No. § 7. The proposition herein submitted for the issuance of such bonds and levying the tax herein provided shall be published for thirty days, or four weeks, as the law indicates in a newspaper published and of general circulation in said city. § 8. This ordinance shall take effect and be in force from and after its passage, approval, and publication according to law. [Approved October 3, 1894. Published in News October 6, 1894.] AN ORDINANCE declaring the necessity for the construction of a viaduct on Ninth street in the city of Lincoln over the tracks of the Chicago, Burlington and Quincy Railroad Company, the Fremont, Elkhorn and Missouri Valley Railroad Company, and the Missouri Pacific Railway Company, with proper approaches thereto, tlie building of said viaduct, regulating the use thereof, and assessing the cost of such viaduct to the railroad companies over which the same is constructed. Be it ordained by the Mayor and Council of the City of Lincoln: 1713. § 1. That it is deemed, and is hereby declared to be, necessary for the safety, convenience, and protection of the pub- lic to construct and maintain in and upon 9th street, commencing 40 feet south of south line of U street, running north 1,875 feet to a point 120 feet north of north line of Y street, in the city of Lincoln, a viaduct with a road-way of twenty-five feet in width, with a space for foot travel on one or both sides thereof, and of SPECIAL ORDINANCES OF ()68 such width as the Mayor and Council may by resolution deter- mine, with proper approaches at the ends and sides thereof, as the Mayor and Council may determine, said viaduct to extend across the tracks of the Chicago, Burlington and Quincy Railroad Company, the Fremont, Elkhorn and Missouri Valley Railroad Company, and the Missouri Pacific Railway Company, and over any railroad track or tracks leased, operated, or under the ex- clusive use of or by said companies, or either or any of them. Said viaduct to be constructed with steel, iron, stone, on proper footing or concrete foundation, lumber, paved with proper pav- ing blocks; the approaches to be constructed with earth in proper retaining walls and pavement; the plans and specification therefor, and the manner and time for doing the work shall be adopted, directed, and fixed by the Mayor and Council by reso- lution or ordinance, and the same may be changed from time to time as may be determined. § 2. The plans and s})ecifications which the City Engineer of said city has now prepared for the construction of such viaduct be and the same are hereby adopted and approved and made a part of this ordinance, and shall be the working plans and specifications therefor, unless the Mayor and Council shall here- after determine to change the same, and shall so change the same either by ordinance or resolution. § 3. That the construction of said viaduct be and the same is hereby ordered, and the Mayor and Council authorized, by reso- lution or otherwise, to do any and all things necessary therefor. § 4. That when said viaduct is completed in accordance with the provisions of this ordinance and the directions of the Mayor and Council, the same shall be used and maintained as a street. That no street railway or other company shall have any right or authority to lay tracks, or in any way to occupy said viaduct or any part thereof, until so authorized by the Mayor and Council, and nothing in this ordinance shall be construed to give such authority. § 5. No expense shall be incurred or contract made under the provisions of this ordinance except the appraisement of damages under the general ordinances of the city, until the funds for the construction thereof shall be in the hands of the City Treasurer, or authorized by a vote of the people. The cost of the con- struction of such viaduct and its approaches, including whatever damages private property may sutfer by reason of the construc- tion thereof, shall, after the completion thereof, be by the Mayor THE CITY OF LINCOLN. 669 and Council levied and assessed upon the railroad companies, and the pr()j)erty thereof, owning and using said tracks in pro- portion to the length of the viaduct made necessary by the tracks of each company, as may be determined by the City En- gineer to the satisfaction of the Council. § 6. Tliis ordinance shall take effect and be in force from and after its passage, approval, and publication according to law. [Passed October 1, 1894. Approved October 3, 1894. Pub- lished in Journal October 8, 1894.] 670 SPECIAL OPDINANCES OF Be and the same are hereby declared to be the ordinances and laws of the city of Lincoln, Nebraska. 1716. § 2. That all ordinances and parts of ordinances in conflict with the provisions of this ordinance be and they are hereby repealed. § 3. That this ordinance shall be in force and take effect from and after its passage, approval, and publication according to law. Passed August 26, A. D. 1895. Approved August 26, A. D. 1895. F. A. Graham, Mayor. Attest: J. W. Bowe?^, City Clerk, [seal.] State of Nebraska, 1 ^ County OF Lancaster. I, J. W. Bowen, Clerk of the city of Lincoln, do hereby certify that the above and foregoing is a true copy of an ordi- nance entitled ^^An ordinance for^revising and consolidating the general ordinances of the city of Lincoln and arranging the special ordinances, the charter, and the rules of the Excise Board for publication in book form,’’ passed by the City Council of said city August 26, A. D. 1895, and approved by the Mayor August 26, A. D. 1895. I further certify that the original ordinance, of which the foregoing is a certified copy, is by law intrusted to my custody for safe keeping, and is on file in my office. Witness ray hand and the corporate seal of said city this 26th day of August, A. D. 1895. [seal.] J. W. Bowen, City Clerk. THE CITY OF LINCOLN. 671 1717. CERTIFICATE OF PUBLICATION. State of Nebraska, 1 ^ County of Lancaster. / I, A. H. Mendenhall, being first duly sworn, on oath say that I am the chief business manager and one of the proprietors of the State Journal Company, a printing and publishing company in the city of Lincoln, in said county and state; that the above and foregoing Revised Ordinances of Lincoln, Neb.,’’ being a revision of the ordinances of said city, and the above and fore- going ordinance, were printed and published in book and pam- phlet form, in the city of Lincoln, Nebraska, in pursuance of the provisions of the statutes of the state of Nebraska and the ordinances of the city of Lincoln, by said State Journal Com- pany on the 26th day of August, A. D. 1895, and duly deliv- ered to the Clerk of said city. * A. H. Mendenhall. Subscribed in my presence and sworn to before me this 26th day of August, A. D. 1895. [seal.] P. F. Greene, Notary Public. ZPOUI^. Organization of the 'lowii and City of Lincoln. 30 ( 673 ) ORGANIZATION OF THE TOWN OF LINCOLN- ORIGINAL INCORPORATION. [limits defined.] INCORPORATION OF LINCOLN. Petition for the incorporation of the town of Lincoln, Lancaster comity, Nebraska. To the Board of County Commissioners in and for the County of Lancaster^ State of Nebraska: 1718. We, tlie undersigned, a majority of the taxable inhabit- ants of the town of Lincoln, Lancaster county. State of Nebraska, humbly petition your honorable body that all of section twenty-six, (26), the west half of section twenty-five, (25,) the southwest quarter of section twenty-four, (24,) and the south half of sec- tion twenty-three, (23,) in accordance with exhibit A,^^ hereto annexed, all of wliich lands are situated in town ten north, range six east, in the county of Lancaster, state of Nebraska, may be incorporated as a town, under the name and style of Lincoln ; and we further petition your honorable body that a police may be established for our local government, and that the town of Lincoln may be, by your order, declared a body politic and corporate, by the name and style of Lincoln, as by the stat- ute in such case made and provided, and your petitioners will ever pray. S. B. GALEY. J. R. DeLAND. SETH ROBINSON. S. B. POUND. W. W. CARDER. WM. MONTGOMERY. 11. B. BEEBE. BEEBE & POTTER. A. C. RUDOLPH. JULIEN DEETOR. GEORGE I). SMITH. D. A. SHERWOOD. SAMUEL D. DUTTON. A. J. CROPSEY. A. M. GHOST. A. .1. GUTHRIDGE. GEO. C. McKAY. WM. RUME. D. S. SMITH. A. STEWART. M. M. CULVER. .lOSEPH JOHNSON. R. R. TINGLEY. O. PARKER. F. G. FULLER. D. P. BOWEN. M. LANGDON. J. 11. HAWKS. J. CADMAN. H. T. DAVIS. GEO. L. WILLIAMS. P. ROBERTS. C. N. WAY. JOHN MORRIS. JOHN G. MORRIS. R. P. CODY. PETER NORMAN. JOHN NEIL. ADAM BAX. B. RINGER. H. L. BROWN. J. N. RANSOM. P. S. ALLEN. A. C. TK'HENOR. G D. HYATT. D. M. HILLIARD. A. L. CULVER. JACOB HILLARD. HIRAM M MONTIETH. DONALD STEWART. ( 675 ) AUG. F. HARVEY. ROBERT OWEN. JOHN I. DUN KEN. GEO. S. MCGREGOR. R. J. ROSEMOND. SAMUEL WARFIELD. JOSEPH KPIOPETZKY. A. TINGLEY. T. S. GANTER. I). H. TINGLEY. CHARLES LITTLE. CHARLES B. BROWN. O. NORTON. CHARLES NORTON. ROGER MULLIN. K. C. SMITH. NAT. BROWN. THOMAS J. KENEY. S. RYMAL. JOHN R. PATRICK. GEO. M. LATTIN. A. C. SHIRLY. G. W. BALLANTINE & CO. JOHN M. BRADFORD. WM. C. CLOYD. 676 ORGANIZATION OF THE W. C. JIEDOLESON. C. M. MILLER. C. C. BURR. R. M. MANLEY. JOHN MONTIETH. JACOB PFLUG. S. T. McCORD. ROBERT MONTIETH. PETER M(CORMIC. H. L. RECKIIAM. N. ATWOOD. PHILETUS PE(JK. S. A. cox. J. E. ATWOOD. JAS. E. PHILPOTT. S. B. LINBERMAN. H. PETZER. .JOSEPH HODGES. R. F. BONN. THOMAS WHITE. THOS. MEDAHILL. E. I. HUDSON. HERM. POPPLEBAUM. DAN ELROD. I. N. CASSELL. WM. SHIRLEY. S. M. ROOD. .J. P. lANTZ. PA REN ENGLAND. GEO. BENTON. J. DRUM, .JR. WALTER J. LAMB. JOHN N. TOWNLEY. A. M. McELHINNEY. S. M. BOYD. N. T. BROWNSON. T. S. S.\UNDERS. A. M. McCANDLESS. JOHN L. McConnell. ANNUMOT ANDREWS. M. G. BOHANAN. J. C. STIRE. C. M. LEIGHTON. F. H BOHANAN. R. H. TOWNLEY. H. N. BROWN. PHILIP MOLL. W]M. B. BOLMAN. •J. N. PARKER. M. RICH. H. KENNEDY. J. D. PARKER. M. OPPENHEIMER. H. D. GILBERT. R. A. BAIN. O. N. HUMPHREY. V. K. TOUT. JOHN D. BAIN. C. N. BAIRD. THOS. H. HYDE. L. B. WILKINSON. W. D. KERR. W. W. HOLMES. FRANK SCOLLAN. J. D. MINSHALL. CARL RICHARDSON. SAMUEL Z. CULVER. J. N. RUFFNER. JAMES H. WHITE. F. B HARTZELL. A. HUMPHREY. JOHN STEWART. PALMER WAY. JAS. F. BURT. J. I). MON ELL. JOHN CARR. JESSE CAMPION. D. H. LASHLEY. S. S. ROYCE. A. M. STEVENS. J. A. POOL. TOPNEY Q. POMBREY. JOSEPH CAMERON. J. M. HAAST. MORRIS WAUL. I. N. ATKINSON. H. N. HKJvOX. H. S CHILDS. L. E. CROPSEY. G. H. BRYAN. H. SWARTZ. W. H. ROOT. J. N. HENY. L. A. SCOGGIN. JOSEPH H. KNOX. A. L. PALMER. J. F. KIMBLE. SAMUEL McCLAY. B. F. COZAD. C. B. KIMBLE. JAMES A. BAILEY. CHARLES H. GERE. J. D. BEACH. ALBERT BILES. H. S. JENNINGS. H. H. FREEMAN. E. STOZLEY. Dated: Lincoln^ 3Iarch 13 , 1860. State of Nebraska, ) ^ County of Lancaster, j James R. DeLaud, of said county, being by me duly sworn, on oath says that he is a resident of the town of Lincoln, Lan- caster county, Nebraska, and that he procured the signatures to the foregoing petition, and that the |)ersons who signed the fore- going petition are more than one-half of all the taxable inhab- itants residing in said town of Lincoln, and further he saith not. J. R. DeLand. Subscribed and sworn to before me this first day of April, 1869. [u. s.] S. B. Galey, County Clerk. State of Nebraska, 1 V SS County of Lancaster, j County Clerk^s Office for said County, Wednesday, April 7, 1869. j Board of County Commissioners met pursuant to adjournment, at the office of the County Clerk of said county, it being the TOWN AND CITY OF LINCOLN. 677 usual place of the meeting of said board. Present: John W. Pray, chairman ; W. R. Field, and Silas Pratt, County Com- missioners; J. 11. Hawk, County Sheriff; and S. B. Galey, County Clerk. James R. DeLand, of the town of Lincoln, in said county, came before said Board of County Commissioners and presented to said board the petition of A. J. Cropsey, N. Atwood, John L. iVlcConnell, and one hundred and eighty other persons, resi- dents of the town of Lincoln, j)raying that section twenty-six, (26,) the west half of section twenty-hve, (25,) the southwest quarter of section twenty-four, (24,) and the south half of sec- tion twenty-three, (23,) all in town ten (10) north, range (6) east, in said county of Lancaster may be incorporated as a town under the name and style of Lincoln; and said Board of County Commissioners being satisfied by the affidavit of James R. DeLand, of the town of Lincoln, that the majority of all the taxable inhabitants of the town of Lincoln have signed said pe- tition, it is ordered now here by said Board of County Commis- sioners that section twenty-six, (26,) the west half of section twenty- five, (25,) the southwest quarter of section twenty-four, (24,) and the south half of section twenty-three, (23,) all in town ten (10) north, range six (6) east, in said county of Lancaster aforesaid, be and the same is hereby declared an incorporated town, under the name and style of the town of Lincoln, and it is further ordered that from and after this date the inhabitants residing upon said described lands shall be a body politic and corporate, by the name and style of the town of Lincoln, and they and their successors shall be known by that name, in law, and have perpetual succession, sue and be sued, defend and be defended, in all courts of law and equity ; and may grant, pur- chase, hold, and receive property, both real and personal, within said town, and lease, sell, and dispose of same for the benefit of said town; and may have a common seal, and may alter the same at pleasure; and further, may do any and all acts that it is lawful for incorporated towns to do under and by virtue of the laws of this state in relation to incorporated towns; and it is further ordered by said Board of County Commissioners that H. S. Jennings, 8. B. Linderrnan, H. D. Gilbert, J. L. McConnell, and D. W. Tingley, be and they are hereby appointed Trustees in and for said town of Lincoln ; and it is further ordered, that Seth Robinson, A. J. Cropsey, and J. N. Townley, of the town of Lincoln, be and they are hereby appointed judges of election for the said town of Lincoln. 678 ORGANIZATION OF THE In witness whereof, we have hereunto set our hands on this 7th day of April, A. D. 1869. John W. Pray, Chairman of the Board of County Commissioners. S. B. Galey, County Clerk. State of Nebraska, 1 / > ss County of Lancaster. / This is to certify that the foregoing exhibit “A,’^ hereunto annexed, is a true copy of the original exhibit on file in my office annexed to the petition accompanying the same, and I further certify that the annexed petition, dated Lincoln, March 13, 1869. signed by S. B. Galey, J. R. DeLand, Seth Robinson, and by one hundred and eighty-five other persons, is a true copy of the original on file in my office; and I do further certify that the foregoing order made by the County Commissioners on the sev- enth day of April, A. D. 1869, is a true copy of the original as the same is on file in my office; and further, that said foregoing order is a true copy of the original record as the same appears in my office on pages twenty (20) and twenty-one (21) of the rec- ord of the Board of Commissioners kept by me in my office as Clerk of the Board of Commissioners. In witness whereof, I have hereunto set my hand and the seal of said county. Done at Lincoln this eighth day of April, 1869. [l. s.] S. B. Galey, County Clerk. ORGANIZATION AS A CITY OF SECOND CLASS. [Under Act op 1871.] AN ORDINANCE Declaring and organizing the town of Lincoln as a city of second class, approved March 18, 1871. Whereas, On the sixth day of April, A. D. 1868, tlie town of Lincoln, in the county of Lancaster, Nebraska, was duly or- ganized by and under the provisions of chapter 53 of the Revised Statutes of the state of Nebraska, entitled Towns, and has ever since remained, and now is so organized; therefore. Be it ordained by the Board of Trustees of the Town of Lincoln : Section 1. — Name of Town. — That the said town of Lin- coln be, and the same is hereby incorporated as a city of the TOWN AND CITY OF LINCOLN. 679 second class, by and under the provisions of an act of the Legis- lature of the state of Nebraska, entitled ^‘An act to incorporate cities of the second class, and to define their power,^’ approved March 1, A. D. 1871. § 2. — Name of City. — The name by which said city shall hereafter be known is, The city of Lincoln. § 3. — Repealed. § 4. — When Takes Effect. — This ordinance shall take effect and be in force from and alter the date of its publication in the Nebraska State Journal according to law. ORGANIZATION OF THE CITY OF LINCOLN AS A city of the second class having more THAN TEN THOUSAND INHABITANTS. [Under the Act of 1883 .] MAYOR’S CERTIFICATE. State of Nebraska, 1 Lancaster County. J To his Excellency the Governor of the State of Neb^'aska : I, John Doolittle, Mayor of the city of Lincoln, of the county of Lancaster, and state of Nebraska, do hereby certify that as shown by the certificate of the County Clerk of the county of Lancaster, and state of Nebraska, hereto attached and made a part hereof, the city of Lincoln, according to the Government census of 1880, ])ossessed a population of thirteen thousand five hundred and ninety-eight ; that since said date the population of said city of Lincoln has largely increased, and now possesses an estimated population of not less than fifteen thousand. Done in pursuance of section two of an act of the Legislature of the state of Nebraska, entitled ^^A bill for an act to provide for the organization, government, and powers of the cities of the second class having more than ten thousand inhabitants,^’ ap- proved March first, A. D. 1883. Witness my hand and the seal of said city of Lincoln, this first day of March, A. D. 1883. [seal.] John Doolittle, Mayor, Attest: R. C. Manley, City Clerk. 680 ORGANIZATION OF THE Lincoln, Nebraska, March 1, 1883. I, J. H. McClay, County Clerk of Lancaster county, Ne- braska, do hereby certify that, as appears from the records of this office, according to Government census, 1880, the pojiulation of the city of Lincoln is 13,598. In witness whereof, I hereunto set my hand and official seal, at Lincoln, this first day of March, A. D. 1883. [seal.] J. H. McClay, County Cleric, By O. C. Bell, Deputy. PROCLAMATION OF THE GOVERNOR. Whereas, A certificate has this day been filed in the execu- tive office by the Mayor of the city of Lincoln, in the state of Nebraska, wherein it is certified that said city of Lincoln con- tains a population of 13,598 inhabitants, as shown by the United States census of 1880, and that the population of said city has largely increased since that date, and is now estimated at fifteen thousand inhabitants. Therefore^ In accordance with section two of act entitled ^‘An act to provide for the organization, government, and }>owers, of cities of the second class having more than ten thousand inhabit- ants,’’ approved March 1, 1883, I, James W. Dawes, Governor of the state of Nebraska, do hereby issue my proclamation, and declare said city of Lincoln a city of the second class, and subject to all the provisions of said act. In testimony whereof, I have hereunto set my hand, and caused to be affixed the great seal of the state of [seal.] Nebraska. Done at Lincoln, this first .day of March, A. D. 1883. James W. Dawes. By the Governor: E. P. Roggen, Secretary of State. TOWN AND CITY OF LINCOLN. 681 OFFICERS OF THE TOWN AND CITY OF LIN- COLN. OFFICERS FOR 1868. Trustees of the town of Lincoln, appointed by the County Commissioners of Lancaster county, Nebraska, April 6, 1868: L. A. ScoGGiN. B. F. CozAD. L. H. Potter. W. W. Carder. A. L. Palmer. Nelson C. Brock Clerk. OFFICERS FOR 1869. Trustees of the town of Lincoln appointed by the County Commissioners of Lancaster County, Nebraska, April 7, 1869 : H. S. Jennings. II. D. Gilbert. S. B. Linderman. J. L. McConnell. D. W. Tingley. J. R. DeLand Clerk. Trustees of the town of Lincoln elected the 3d of May, 1869: C. H. Gere. William Rowe. H. D. Gilbert. Philetus Peck. John L. McConnell. J. R. DeLand Clerk. James E. Philpott Attorney. Carl Richardson Marshal. Nelson C. Brock Treasurer. OFFICERS FOR 1870. Trustees of the town of Lincoln from May 13, 1870, to April 18, 1871: C. H. Gere. C. N. Baird. D. A. Sherwood. H. J. Walsh. D. S. Smith. R. O. Phillips Clerk. Nelson C. Brock Treasurer. Carl Richardson Marshal. Jas. E. Philpott Attorney. 682 ORGANIZATION OF THE OFFICERS FOR 1871. Officers for the city of Lincoln from April 18, 1871, to April 13,1872: Hon. W. F. Chapin Mayor. Hon. J. Gosper Pres. Council. Councilmen . — First ward, L. A. Scoggin, two years. First ward, C. C. Burr, one year. Second ward, D. A. Sherwood, two years. Second ward, J. M. Creamer, one year. Third ward, J. J. Gosper, two years. Third ward, J. L. McConnell, one year. Thos. j. Cantlon C. H. Street Geo. W. Ballantine, R. E. Moore A. G. Hastings C. C. Radmore T. T. Murphy. .Clerk. Police Judge. .Treasurer. Police Judge. .Marshall. .City Physician. . Engineer. OFFICERS FOR 1872. Officers of the city of Lincoln from April 13, 1872, to April 11, 1873: Hon. E. E. Brown Mayor. Hon. j. j. Gosper Pres. Council. Councilmen , — First ward, L. A. Scoggin, one year. First ward, J. R. Fairbanks, two years. Second ward, Wm. McLaughlin, two years. Second ward, D. A. Sherwood, one year. Third ward, S. G. Owen, two years. Third ward, J. J. Gosper, one year. Thomas J. Cantlon Clerk. Wm. a. Coleman Treasurer. John A. McManigal Marshal J. O. Carter City Physician. R. E. Moore Police Judge. Tom I. Atwood Engineer. OFFICERS FOR 187:l Officers of the city of Lincoln from April 11, 1873, to April 11, 1894: TOWN AND CITY OF LINCOLN. 683 Hon. Rohelt D. Hilvers... Mayor. Hon. L. a. Scoggin Pres. Council. Councilmen . — First ward, L. A. Scoggin, two years. First ward, J. R. Fairbanks, one year. Second ward, T. P. Quick, two years. Second ward, Wm. McLaughlin, one year. Third ward, N. S. Scott, two years. Third ward, S. G. Owen, one year. R. N. Vedder, resigned Sept. 2, 1874 City Clerk. Edward P. Roggen, to fill vacancy. City Clerk. Wm. a. Coleman City Treasurer. Brad Ringer , City Marshal. Tom I. Atwood Engineer. S. W. Robinson Physician. Hon. Lewis A. Groff Police Judge. Hon. C. Green, to fill vacancy Police Judge. Hon. G. B. Skinner St. Commissioner. Hon. G. B. Skinner.. Fire Warden. T. P. Quick Chief Fire Dept. OFFICERS FOR 1874. Officers of the city of Lincoln from April 11, 1874, to April 15, 1875: QouneilmeM . — First ward, John Eaton, two years. First ward, L. A. Scoggin, one year. Second ward, Wm. McIiAUGHLiN, two years. Second ward, T. P. Quick, one year. Third ward, W. P. Phillips, two years. Third ward, N. S. Scott, one year. Hon. Samuel W. Little Hon. L. a. Scoggin Edward P. Roggen Wm. a. Sharrar. P. H. Cooper A. Roberts Hon. Jeff. Fox worthy.. Hon. G. B. Skinner.. Hon. G. B. Skinner Hon. T. P. Quick Granville Ensign . Mayor. .Pres. Council. .City Clerk. .Treasurer. .City Marshal. .City Engineer. .Police Judge. St. Commissioner. .Fire Warden. .Chief Fire Dept. .Asst. Chf. F. Dept. 684 ORGANIZATION OF THE OFFICERS FOR 1875. Officers of the city of Lincoln from April 15, 1875, to April 15, 1876. Hon. Am as a Cobb B. F. Fisher R. W. Tayeor R. W. Charters... P. H. Cooper A. Roberts Philetus Peck.... .Mayor. Treasurer. Police Judge. City Clerk. City Marshal. .City Engineer. .Cemetery Trustee. Board of Education. — L. W. Billingsley, short term. P. A. Smith, short term. Paren England, long term. H. W. Hardy, long term. Councilmen. — First ward, James Ledwith. First ward, J. R. Fairbank, to fill vacancy. Second ward, Fred Krone. Third ward, O. Kingman. W. P. Phillips Pres. Council. T. P. Quick Chief Fire Dept. OFFICERS FOR 1876. Officers of the city of Lincoln from April 15, 1876, to April 15, 1877: Hon. R. D. Silvers P. H. Cooper John McLean Geo. Y. Kent Jas. McConnell Jas. P. Walton Israel Putnam ...Police Judge. ...City Clerk. ...City Engineer. ...Cemetery Trustee. Board of Education. — H. W. Hardy. John H. Ames. Councilmen. — First ward, John Montieth. Second ward, L. AV. Billingsley. Third ward, C. M. Leighton, long term. Third ward, E. W. Morgan, short term. L. AV. Billingsley T. P. Quick .. Pres. Council. ...Chief Fire Dept. TOWN AND CITY OF LINCOLN. 685 OFFICERS FOR 1877. Officers of the city of Lincoln from April 15, 1877, to April 15, 1878: Hon. H. W. Hardy.., Mayor. R. C. Manley City Clerk. Jas. McConnell Treasurer. Tnos. Carr Marshal. J. S. Dales, to fill vacancy Police Judge. J. P. Walton City Engineer. Board of Education. — O. W. Webster. Lewis Gregory. J. J. Turner Cemetery Trustee. Councilman . — First ward, James Ledwith. Second ward, PuFUS Yard. Second ward, John B. Wright, elected to fill vacancy, September 22, 1877. Third ward, J. K. Honeywell. L. W. Billingsley Pres. Council. G. Ensign, appointed to fill vacancy April 21, 1877. T. P. Quick Chief Fire Dept. OFFICERS FOR 1878. Officers of the city of Lincoln from April 15, 1878, to April 15, 1879: Hon. H. W. Hardy Mayor. Jas. McConnell Treasurer. Thos. Carr Marshal. J. S. Dales, two years Police Judge. R. W. Jacobs City Clerk. J. P. Walton City Engineer. Board of Ed.ucation. — H. D. Hathaway, two years. C. O. Whedon, two years. A. M. Davis Cemetery Trustee. Councilman . — First ward, James H. Dailey. Second ward, R. P. R. Millar. Third v/ard, Austin Humphrey. Jas. Ledwith Pres. Council. Isaac M. Ray'mond Chief Fire Dept. 686 ORGANIZATION OF THE OFFICERS FOR 1879. S. B. Galey Mayor. Myron Nelson Clerk. D. B. Cropsiiy Treasurer. I. L. Lyman Marshal. E. J. Cartledge Engineer. J. S. Dales Police Judge. T. P. Quick Chief Fire Dept. School Board. — Lewis Gregory, three years. O. W. Webster, three years. 1. Putnam Cemetery Trustee. Coiincilmen. — First ward, James Ledwith, two years. Second ward, J. B. Wright, two years. Third ward, J. K. Honeywell. OFFICERS ELECTED 1880. John B. Wright Mayor. R. C. Manley Clerk. J. S. Dales Police Judge. D. B. Cropsey ..Treasurer. J. P. Walton Engineer. J. J. Turner Cemetery Trustee. Counciimen . — First ward, Joseph Hunter, one year. First ward, James Ledwith, held over to fill vacancy. First ward, R. Grimes, two years. Second ward, J. L. Caldwell, one year. Second ward, F. W. Krone, two years. Third ward, H. J. Walsh, one year. Third ward, John Doolittle, two years. School Board. — J. R. Webster, three years. Guy a. Brown, three years. I. L. Lyman Marshal. T. P. Quick Chief Fire Dept. J. B. Wright . R. C. Manley" A. C. Cass N. S. Scott .... J. S. Dales .... OFFICERS ELECTED 1881. .Mayor. .Clerk. .Treasurer. Engineer. .Police Judge. TOWN AND CITY OF LINCOLN. 687 L. J. Byer, long term... Cemetery Trustee. A. M. Davis, to fill vacancy Cemetery Trustee. Councllmen. — First ward, 0. C. Munson. Second ward, S. B. Linderman. Third ward, J. H. Harley. School Board. — Guy A. Brown. J. R. Webster. P. S. Sheldon. Jacob North. E. A. Church. J. M. Burks. N. C. Abbott City Attorney. T. P. Quick Chief Fire Dept. I. L. Lyman Marshal. OFFICERS ELECTED 1882. John Doolittle. R. C. Manley ... A. C. Cass B. F. Cobb J. P. Walton.... Mayor. .Clerk. Treasurer. Police Judge. Engineer. Councilmen. — First ward, H. H. Shaberg. Second ward, F. W. Krone. Third ward, C. L. Baum. School Board. — J. R. Webster. AV. A. Fletcher. L. B. Treeman. L. J. Byer A. C. Ricketts. T. P. Quick .Marshal. City Attorney. Chief Fire Dept. OFFICERS FOR 1883. R. E. Moore Mayor. R, C. Manley Clerk. J. T. Jones..... Treasurer. Councilmen . — First ward, W. C. Lane. Second ward, S. B. Linderman. Third ward, Charles West; A. S. Raymond, to fill vacancy. Fourth ward, W. J. Cooper. Fourth ward, J. H. Harley. 688 ORGANIZATION OF THI] A. C. Ricketts City Attorney. I. L. Lyman Chief Fire Dept. L. J. Byer Marshal. Lewis Gregory Cemetery Trustee. School Board. — A. C. Ricketts. Henry Brugmann. C. G. Bullock. J. P. Walton Engineer. Ij. J. Byer St. Commissioner. OFFICERS FOR 1884. M. Montgomery Police Judge. H. J. Walsh Cemetery Trustee. Councilmen. — First ward, N. C. BiiOCK. Second ward, H. P. Lau. Third ward, J. W. Winger, resigned; C. M. Leighton, to fill vacancy. Fourth ward, J. R. Webster. School Board. — Jacob North. L. B. Treeman. Lewis Gregory. L. J. Byer, resigned Marshal. C. B. Beach, to fill vacancy Marshal. Geo. P. Tucker Water Commr. OFFICE FiS FOR 1885. C. C. Burr Mayor. R. C. Manley Clerk. Jno. T. Jones Treasurer. M. Montgomery Police Judge. A. M. Davis Cemetery Trustee. I. L. Lyman Water Commr. N. S. Scott Engineer. T. P. Quick Chief Fire Dept. A. W. Field Attorney. Councilmen . — First ward, J. H. Dailey. Second ward, L. W. Billingsley. Third ward, A. E. Hargreaves, two years. Third ward, H. H. Dean, one year. Fourth ward, W. J. Cooper. School Board. — M. B. Cheney. A. C. Ricketts. C. B. Beach Marshal. TOWN AND CITY OF I.INCOLN. 689 OFFICERS FOR 188G. Albert F. Parsons Police Judge. Lewis Gregory Cemetery Trustee. I. L. Lyman... Water Commr. N. S. Scott Engineer. T. P. Quick Chief Fire Dept. Councilmen, — First ward, Nelson C. Brock. Second ward, John Fra as. Third ward, H. H. Dean. Fourth ward, Robert B. Graham. School Board. — H. H. Shaberg. E. H. Chapin. C. B. Beach Marshal. L. J. Byer St. Commissioner. OFFICERS ELECTED FOR 1887. A. J. Sawyer Mayor. R. C. Manley Clerk. J. T. Jones Treasurer. H. J. Whitmore, to fill vacancy Police Judge. L. J. Byer Cemetery Trustee. I. L. Lyman Water Commr. O. N. Gardner Engineer. W. H. Newbury Chief Fire Dept. C. A. Atkinson Attorney. Councilmen. — First ward, James H. Dailey. Second ward, L. W. Billingsley. Third ward, J. M. Burks. Fourtli ward, W. J. Cooper. Fifth ward, J. Z. Briscoe, one year. Fifth ward, Gran. Ensign, two years. Sixth ward, Fred A. Hovey, one year. Sixth ward, L. C. Pace, two years. School Board. — Lewis Gregory, three years. Miss Phcebe Elliott, three years. F. D. Reeves, two years. W. Q. Bell, two years. S. D. Cox, one year. P. H. Cooper Marshal Thomas Heelan Street Commr. 690 ORGANIZATION OF THE OFFICERS ELECTED FOR 1888. A. J. Sawyer R. C. Manley John T. Jones William J. Houston. A. M. Davis I. L. Lyman O. N. Gardner W. H. Newbury G. M. Lamijertson . . . . .Mayor. .Clerk. .Treasurer. .Police Judge. .Cemetery Trustee. Water Commr. .Engineer. .Chief Fire Dept. .Attorney. Councilmen. — First ward, A. Halter. Second ward, John Fraas. Third ward, H. H. Dean. Fourth ward, R. B. Graham. Fifth ward, Louie Meyer. Sixth ward, H. M. Rice. School Board, — W. J. Marshall. J. A. Wallingford. S. D. Cox. P. H. Cooper Marshal. Thomas Heelan Street Commr. ORGANIZATION OF THE CITY OF LINCOLN AS A CITY OF THE FIRST CLASS HAVING LESS TflAN SIXTY THOUSAND INHABITANTS. [Under the Act of 1887.] THE MAYOR’S CERTIFICATE. To His Excellency J Hon, John M, Thayer, Governor of the State of Nebraska : Pursuant to the provisions of section two of an act of the Legislature of the state of Nebraska, entitled, ^‘An act to in- corporate cities of the first class having less than 60,000 in- habitants, and regulating their duties, powers, and govern- ment,’^ approved March 25, 1887, I, C. C. Burr, Mayor of the city of Lincoln, in the county of Lancaster, and state of Ne- braska, do hereby certify that on the 21st day of June, A. I). 1886, the city of Lincoln, in the county and state aforesaid, had TOWN AND CITY OF LINCOLN. 691 a population of 29,030 inhabitants, according to a census of said city taken under and by virtue of an ordinance of said city ap- proval May 18, A. D. 1886, and that since said date said popu- lation has largely increased, so that on the date hereof the city of Lincoln aforesaid has inhabitants within its limits of not less than 40,000 people. I have the honor, therefore, to respectfully request that Your Excellency will, by public proclamation, as provided by section two of the act above referred to, declare the said city of Lincoln to be a city of the first class under the provisions of said act. In witness whereof I have hereunto set my hand and P 1 caused to be affixed the seal of the city of Lincoln, [SEAL.j 25j-|^ qP March, A. D. 1887. C. C. Burr, Mayor. Attest: R. C. Manley, City Clerk. PROCLAMATION. Whereas, A certificate has this day been filed in the execu- tive office by the Mayor of the city of Lincoln, in the state of Nebraska, wherein it is certified that said city of Lincoln con- tains a population of 29,030 inhabitants, as shown by the census of said city taken in June, 1886, and that the population of said city has largely increased since said date, and is now estimated at not less than 40,000 inhabitants; Therefore, In accordance with section two of an act entitled ^‘An act to incorporate cities of the first class having less than 60,000 inhabitants, and regulating their duties, powers, and gov- ernment,^’ approved March 25, 1887, I, John M. Thayer, Gov- ernor of the state of Nebraska, do hereby issue my proclamation, and declare said city of Lincoln a city of the first class, and sub- ject to all the provisions of said act. In testimony whereof I have hereunto set my hand and caused to be affixed the great seal of the state of [seal.] Nebraska. Done at Lincoln, this 25th day of March, A. D. 1887. By the Governor: John M. Thayer. G. I 7 . Laws, Secretary of State. 692 ORGANIZATION OF THE CITY OFFICERS, 1 88 9. ELECTIVE OFFICERS. R. B. Graham Mayor. Elmer B. Stephenson City Treasurer. D. C. Van Duyn City Clerk. Excise Board, — R. B. Graham, President. C. J. Daubach. John Doolittle. Cemetery Trustees. — L. J. Byer, President. A. M. Davis, Treasurer. A. G. Hastings, Secretary. Councilmen. — First ward, P. Hayden. First ward, A. Halter. Second ward, J. C. Salsbery. Second ward, John Fraas. Third ward, H. H. Dean, President of Council. Third ward, William McLaughlin. Fourth ward, F. A. Boehmer. Fourth ward, W. S. Hamilton. Fifth ward, L. Meyer. Fifth ward, H. M. Bushnell. Sixth ward, L. C. Pace. Sixth ward, H. M. Rice. Board of Education, — J. A. Wallingford, President. W. W. W. Jones. Lewis Gregory. Miss Phcebe Elliott. A. G. Greenlee. O. E. Goodell. W. A. Lindley. S. D. Cox. W. J. Marshall. appointive officers. G. M. Lambertson City Attorney. O. N. Gardner City Engineer. TOWN AND CITY OF LINCOLN. 693 I. L. Lyman Water Commissioner. L. J. Byel Street Commissioner. W. H. Newbury Chief Fire Department. W. C. Rohde Inspector Meats and Live Stock. W. W. Carder City Marslial. Board of Public Works. — A. Humphrey, Chairman. M. B. Cheney. J. H. Miller. Board of Public Works. — Appointed, June, 1889. A. Humphrey, Chairman. W. J. Marshall. R. C. AIanley. A. M. Bartram Health Officer. V. H. Dyer Sewer Inspector. i Gas Inspector. Eugene J. Fi.aherty < Sealer of Weights ( and Measures. 694 ORGANIZATION OF THE CITY OFFICERS, 1890. R. B. Graham E. B. Sterhenson D. C. Van Duyn... W. J. Houston Excise Board. — R. B. Graham, President. C. J. Daubach. John Doolittle. Cemetery Trustees. — L. J. Byer. A. M. Davis. A. G. Hastings. Councilmen. — First ward, Alexis Halter. Second ward, Henry Veith. Tliird ward, Jos. Burns. Fourth ward, J. B. AiiCiiiBALD. Fifth ward, S. S. Royce. Sixth ward, H. M. Rice. Seventh ward, G. A. Bush. Seventli ward, H. W. Orr. L. C. Pace, President of tlie Council. School Board. — C. W. Wickersham. S. J. Kent. J. H. Edson. E. P. Holmes City Attorney. 0. N. Gardner City Engineer. 1. L. Lyman ATater Commissioner. L. J. Byer Street Commissioner. W. H. Newbury Chief Fire Department. T. C. Rohde Inspector Meats and Live Stock. M. Melick Marshal. J?oard of Public Works. — W. J. Marshall. R. C. Manley. S. McConiga. Health Officer . — A. M. Bart ram. Mayor. Treasurer. Clerk. .Police Judge. TOWN AND CITY OF lANCOLN. 695 CITY OFFICERS, 1891. A. H. Weir E. B. Stephenson D . C. Van Duyn W. J. Houston Excise Boa7'd. — A. H. Weir, Presideut. James Kelly. John Doolittle. Cemetery Trustee. — L. J. Byer. A. M. Davis. A. G. Hastings. Councilmen. — First ward, J. A. O’Shea. Second ward, Jos. Wittmann. Third ward, G. B. Chapman. Fourth ward, F. A. Boehmer. Fifth ward, R. P. R. Millar. Sixth ward, Geo. K. Brown. Seventh ward, F. C. Smith. F. A. Boehmer, President of the Council. School Board. — Phcebe Elliott. J. Stuart Dales. Susan C. O. Upton. A. W. Scott City Attorney. G. A. Adams Deputy City Attorney. Adna Dobson City Engineer. C. G. Bullock Water Corumissioner. S. S. McKenney Street Commissioner. W. H. Newbury Chief Fire Department. W. C. Rohde Inspector Meats and Live Stock. O. P. Dinges Marshal. Board of Public Works. — L. E. Hicks. E. Kern. S. McConiga. Health Officer. — A. M. Bartram. Mayor. Treasurer. Clerk. Police Judge. 696 ORGANIZATION OF THE CITY OFFICERS, 1892. A. H. Weir E. B. Stephenson N. C. Abbott D. C. Van Duyn F. R. Waters Adna Dobson J. W. Percival... Excise Board. — A. H. Weir, President. James Kelly. John Doolittle. Cemetery Trustee. — A. G. Hastings. Councilmen. — First ward, J. H. Dailey. Second ward, Henry Veith. Third ward, F. A. Graham. Fourth ward, O. W. Webster. Fifth ward, D. W. Moseley. Sixth ward, E. L. Holyoke. Seventh ward, H. H. Meyer. George K. Brown, President of the Council. S. S. McKenney Street Commissioner. Robert Malone Chief Fire Department. W. C. Rohde Inspector Meats and Live Stock. Louis Otto Marshal. Board of Public Works. — L. E. Hicks. S. McConiga. O. P. Dinges. School Board. — H. S. Bowers. O. V. Eaton. Lewis Gregory. F. E. Lewis. Health Officer — A. M. Bartram. Mayor. .Treasurer. Attorney. Clerk. Police Judge. .City Engineer. Water Commissioner. TOWN AND (^ITY OF LIN(X)I,N. 697 CITY OFFICERS, 1893. A. H. Weir E. B. Stephenson J. W. Bowen. ..... Adna Dobson N. C. Abbott.. W. A. Selleck J. W . Percival... F. R. Waters Excise Boa7'd. — A. H. Weir, President. A. D. Burr. F. W. Brown. Cemetei'y Trustee. — L. J. Byer. Councilme^i. — First ward, J. A. O’Shee. Second ward, J. D. Parker. Third ward, R. S. Young. Fourth ward, C. J. Roman. Fifth ward, L. P. Young. Sixth ward, Geo. J. Woods. Seventh ward, F. C. Smith. , President of the Council. S. S. McKenney Street Commissioner. Robert Malone Chief Fire Deparnment. P. H. Cooper Marshal. Board of Public Woi'ks. — L. E. Hicks. O P. Dinges. W. E. Kirker. School Board. — N. C. Brock. C. J. Ernst. L. Fossler. Health Officer. — A. M. Bart ram. 31 .Mayor. Treasurer. Clerk. Engineer. Attorney. ,De[)uty Attorney. ■ Water Commissioner. .Police Judge. 698 ORGANIZATION OF THE CITY OFFICERS, 1894. A, H. Weir N. C. Abbott W. A. Selleck E. B. Stephenson J. W. Bowen Adna Dobson F. R. Waters J. W. Perot VAL... John Fa well Mayor. Attorney. .Deputy Attorney. Treasurer. Clerk. Engineer. Police Judge. AVater Commissioner. Cemetery Trustee. Councilmen. — First ward, Ja.aies Dailey. Second ward, William Lawlor. Third ward, F. A. Graham. Fourth ward, O. W. Webster. Fifth ward, Barr Parker. Sixth ward, H. B. Sawyer. Seventh ward, H. H. Meyer. George J. Woods, President of the Council. Excise Board. — A. H. Weir, President. A. D. Burr. F. W. Brown. Board of Public Works. — O. P. Dinges, Chairman. W. E. Kirker. Boar'd of Education. — W. A. Hackney. L. P. Ludden. J. C. Stire. S. S. McKenney Street Commissioner. M. R. Beman Assistant Street Commissioner. Robert Malone Chief Fire Department. P. H. Cooper Marshal. James Malone City Detective. Mart Howe Health Officer. TOWN AND CITY OF LINCOLN. 699 CITY OFFICERS, 1895. F. A. Graham .. N. C. Abbott W, S. Hamilton M. I. Aitken J. W. Bowen Adna Dobson.... F. R. Waters ... J. W. Percival. R. H. Oakley ... .Mayor. .Attorney. •Deputy Attorney. Treasurer. .Clerk. .Engineer. •Police Judge. Water Commissioner. Cemetery Trustee. Councilmen . — First ward, Thomas Draper. Second ward, J. D. Parker, S. Young, Third ward, K. Kerman. Fourth ward, A. H. Hutton. Fifth ward, John Giesler. Sixth ward, E. R. Guthrie. Seventh ward, H. D. Ewan. O. W. Webster, President of the Council. Excise Board. — F. A. Graham, President. H. B. Vaill. R. S. Grimes. Board of Public Works . — Board of Education. — A. W. Field. O. y. Eaton. C. W. Spear. L. L. Lindsay Street Commissioner. Gustav C. Brinkman Assistant Street Commissioner. Robert Malone Chief Fire Department. S. M. Melick Marshal. A. C. Langdon City Detective. Thomas Smith Health Officer. William Rohde Health Officer, to fill vacancy. ^ZPIFElItTZDZX:. ( 701 ) 1720. RULES OF THE EXCISE BOARD. Rule 1. — Organization . — Tlie Mayor shall be Piesident of and the Ciiy Clerk shall be Clerk of said Board. Tlie Board shall elect a president tern., who shall act in the absence of the President. A majority ol the board shall constitute a quorum. Rule 2. Said board shall hold a public session at the council chamber in the city of Lincoln on the second Monday of each month. Special meetings may be held at any time at the call of the chairman or of any two members. Rule 3. Any person who may wish to obtain a license to sell malt, spirituous, vinous, or intoxicating liquors in the said city of Lincoln shall file with the clerk of the Excise Board a writ- ten application therefor, stating therein the full name or names of the applicant or applicants and place where it is proposed to sell sucli liquors, and a full and accurate description of the room wherein it is proposed to sell such liquors, with the location of the bar therein, and also a petition signed by at least thirty resi- dent freeholders of the ward wherein the sale of such liquors is to take place, together with the bond in the penal sum of five thousand dollars, payable to the state of Nebraska, executed by the principal thereof, with at least two good and sufficient sure- ties, resident and freeholders of the county of Lancaster, to be approved by said board, conditioned that the applicant will not violate any of the provisions of the statutes of the state of Ne- braska, or any of the rules and regulations adopted or to be adopted by the Excise Board of said city, or any of the ordi- nances of said city pertaining to said business, and that said ap- plicants will pay all damages, fines, penalties, and forfeitures which may be adjudged against the same under the provisions of the statutes of the said city and the rules of this board. Rule 4. Before the petition or bond, as provided in rule three hereof, shall be filed with the clerk, the applicant shall be required to procure a certificate of the Register of Deeds of the county of Lancaster, to be indorsed on said petition, certifying (703) 704 RULES OF THE EXCISE JiOARI). tliat each of the persons signing the same is a resident and free- holder within the ward where the sale of such liquors is to take place; also a like certificate that the sureties on said bond are residents of the county of Lancaster. The same person will not be accepted as surety on more than one such bond. Rule 5. After the filing of said application, petition, and bond, as provided in rule three hereof, the applicant shall cause notice thereof to be published in the newspaper published in the said county of Lancaster having the largest circulation therein, for at least two weeks, and said board will not take action on said application, petition, or bond until after said notice has been given. Proof of such publication, together with an affidavit of the publisher or manager of the paper in which such publication is made, shall be filed with the clerk and made a })art of the records of said office. After the completion of said publication and filing the proof as herein provided, if there be no objection, protest, or remonstrance in writing made and filed with said clerk to the issuance of a license to such applicant, and all other provisions of the statutes of said state and the rules of this board have been complied with, such license may be granted or denied, as said board may determine. Rule 6 . If there is any objection, protest, or remonstrance filed with said clerk against the issuance of said license, the board will appoint a time for the hearing of said application, objection, protest, or remonstrance, and notice thereof shall be given to the applicant, and at least one of the persons signing such objection, protest, or remonstrance, or their attorney. For good cause shown the said board may continue the hearing upon such application, objection, protest, or remonstrance, from time to time as said board may order. The testimony on such hear- ing shall be reduced to writing and filed with said clerk. If it shall be satisfactorily proven that the applicant has been guilty of the violation of any of the provisions of the statutes of the state of Nebraska, any rule of the Excise Board, or any ordi- nance governing the traffic in liquors, within the space of one year prior to the filing of said application, or if any former license shall have been revoked for any reason, then it shall be the duty of and this board will refuse such application. Rule 7. On the hearing of any such application, objection, protest, or remonstrance, any person interested shall have all necessary process to compel the attendance of witnesses, and all witnesses may be compelled to testify. All witnesses shall be RULES OF THE EXCISE BOARD. 705 entitled to tlie same compensation as is now provided by law in the district courts of said state, to be paid by tlie party calling the same. Rule 8. No license will be issued to a non-resident of the county, a minor, a corporation, a person as agent, trustee, or other fiduciary capacity, or a partnership, but may be issued to more than one person, in which event the license will run in the names of the several persons. Before license is authorized the applicant or applicants shall personally appear before the board, unless the board shall at the time direct otherwise. Rule 9. The applicant, or some one of them, shall be the man- ager and have control of the business authorized by such license. If the applicant, or all the applicants, after the issue of the license, shall become non-residents of the county of Lancaster, the board shall be, and hereby is, authorized to revoke such license; but no such license shall be revoked without first noti- fying such licensee by service thereof on any servant or agent in control of such business. Rule 10. If the applicant signing the objection, protest, or remonstrance shall feel aggrieved by the decision of the board, appeal therefrom may be taken to the District Court of said county as provided by law. Notice of such appeal will be given within twenty-four hours after the decision is made, and the ap- peal shall be effected without unnecessary delay. In case such notice is given and appeal taken, the clerk shall at once trans- mit the testimony and papers in the case to the Clerk of the District Court, and the filing thereof shall constitute such appeal. No action shall be taken by the board in such case for twenty- four hours after the decision has been rendered ; and if the notice of appeal shall be filed as hereby provided, then no action will be taken by this board until such a[)peal is finally determined. Rule 11. No license shall be ordered except upon the order of a majority of the Excise Board, and before any license shall be issued the applicant shall pay into the city treasury the sum of one thousand dollars and shall file the Treasurer’s receipt therefor with the clerk of this board, whereupon said clerk shall issue a license to such applicant, which license shall continue in force from the date thereof until the end of the current munici- pal year in which the same is issued, unless sooner revoked as herein by law provided. Rule 12. Such license shall be signed by the City Clerk and attested by the seal of the city of Lincoln; and it shall state the 706 RULES OF THE EXCISE BOARD. time for which granted, the place where the liquor is to be sold, and shall not be transferable. Any license granted by this board shall be revoked whenever the person licensed shall be convicted of violation of any of the provisions of chapter thirty (30) of the Compiled Statutes of Nebraska, 1893, or of any law, ordi- nance, rule, or regulation pertaining to the sale of any such liquors, and proceedings in error or appeal taken to review the judgment or decision of any court shall in nowise affect or pre- vent the revocation of such license. Rule 13. Such license shall be in the following form as near as practicable: State of Nebraska, Lancaster Couxty, City of Lincoln. To all who shall see these presents, know ye: That having filed his petition according to law, and paid into the treasury of said city of Lincoln the sum of one thousand dollars, imposed upon him as a vendor of malt, spirituous, or vinous liquors, therefore the said is, by order of the Excise Board of said city, hereby authorized to sell malt, spirituous, or vinous liquors at No street, in the city of Lincoln, from the date hereof until the hour fixed by the Excise Board for the closing of places for vending such liquors on the Monday night preceding the second Tuesday in April, 189... In testimony whereof, I, , Clerk of the city of Lincoln, have hereunto set my hand and affixed the seal of said city, this day of , A. D. 189... City Clerk, Rule 14. It shall be unlawful for any licen.sed saloon-keeper, whether by himself, clerk, or servant, to keep his place of busi- ness open on the day of any general or special election held in said city of Lincoln; or between the hours of 11:30 P. M. on any day and 6:30 A. m., central standard time, on the following morning; or between the hours of 11:30 on each Saturday and 6:30 A. M., central standard time, on the following Monday, ex- cept during the days of the state fair as the same is in session in said city of Lincoln, on which days the licensee is authorized to keep his place of business open until 12 o’clock, midnight, on each week day ; and it shall be unlawful for any licensee to vend, sell, or give away any malt, spirituous, or vinous liquors under his license within the hours which the place of business of such licensee is herein required to be closed. RULES OF THF EXCISE BOARD. 707 Rule 15. It shall be unlawful for any liceused saloon-keeper to permit the premises wherein he is licensed to sell liipior to he in any manner or form connected with any room or rooms wherein or connected with which any prostitution or lewd prac- tices are indulged in or permitted; or wherein any prostitutes are permitted to visit for any purpose; or wherein any women are permitted for any unlawful purpose. Under this rule any room or rooms into or from which there shall be any means of entrance or communication with the place of business of such licensee, whether that entrance or communication be by stairway, elevator, speaking tubes, electric apparatus, or other means of communication, shall be deemed connected with the place of busi- ness of the licensee, whether such rooms are under control of such licensee or not. Rui.e 16. It shall be unlawful for any licensed saloon-keeper to have or maintain any wine room or card room or rooms in or connected with his place of business in any way for women to enter for any purpose whatever, and there shall be no enclos- ures of any kind or character in which persons can 'secrete them- selves from public view from the front or any part of said sa- loon; the intent of this rule being that the saloon business shall be conducted in one room, without subdivisions of any kind or character. No licensed saloon-keeper shall sell or give away any liquor to any woman in any other room or rooms connected in any way with his place of business. Rule 17. It shall be unlawful for any licensed saloon-keeper to permit minors, male or female, Indians, idiots, habitual drunkards or insane persons to be or remain in or about his place of business. Rule 18. It shall be unlawful for any licensed saloon-keeper to permit prostitutes to be in or visit the room or rooms wherein such license is granted to sell liquor, or in any room or rooms connected therewith; or to sell any liquor of any kind whatever to prostitutes to be drunk on the piemises; to permit any pros- titution or lewd or indecent practices to take place or be indulged in or on the premises for which the license is granted, or in any way connected therewith, over which the licensee has any con- trol. Rule 19. It shall be unlawful for any licensed saloon-keeper, after the granting of such license, to change the location of the bar, if there is any; put in or take out any partitions in the room or rooms described in the application, and for which license 708 RULES OF THE EXCISE BOARD. is granted, or make any changes in the manner of ingress or egress to the room or rooms for which tlie license is granted; make any change in the location of the windows or doors in his place of business; or sell liquor under such license at any other place than that for which the license was granted, without first making application to and getting the consent of the Excise Board, and each twenty-four hours^ continued violation ol this rule shall be deemed a new offense and the licensee punished therefor. Rule 20. It shall be unlawful for any licensed saloon-keeper to allow or permit any gambling or gaming in any room, cabin, or subdivision of any room, in or connected with the room in which liquor is kept, or in any otlier place, cellar, outhouse, or other place over which the licensee shall have any control or au- thority; or to allow the view through windows or doors of his place of business to be obstructed by screens, blinds, paint, par- tition, or other article. Rule 21. It shall be unlawful for any licensed saloon-keeper, whether by himself, clerk, or servant, to permit any one to re- main in the saloon after the hour of closing. But at 11:30 o’clock p. M., and at all other times when the saloon should be closed, shall require all persons to at once vacate the premises and see that the doors are securely closed and locked. Rule 22. It shall be unlawful for any licensed saloon-keeper to transfer the exclusive management of such business to another, by contract of agency or otherwise, without first making appli- cation therefor to this board, and being authorized so to do. Any such attempt without the authority aforesaid shall be deemed a transfer of the license and void. Rule 23. Any licensee, by himself, agent, servant, or other employe, or the agent, servant, or other employe of such licensee, who shall violate or fail to perform any of the provisions of these rules shall, upon conviction thereof, be fined in any sum not to exceed one hundred dollars, and stand committed until such fine and costs are paid. Rule 24. That all rules heretofore adopted by the board be and the same are hereby repealed, and these rules shall take effect and be in force from and after their passage and publication ac- cording to law. Rule 25. Any resident of the city may file with clerk of the Excise Board a complaint in writing, duly sworn to, against any licensee charging such licensee with the violation of any statute RIJI.ES OF THE EXCISE HOARD. 709 of the state of Nebraska, ordinance of tlie city of Lincoln, or rule of the Excise Board pertaining to tlie selling or giving away of malt, spirituous, or vinous liquors, stating therein the time and place and nature of such violation. Upon the filing thereof the board shall fix a time for the hearing of such complaint and cause the clerk of said board to notify the licensee against whom such com})laint is made. The chairman of said board shall issue any and all subpoenas for witnesses that either party may desire, and it shall be the duty of Chief of Police, or any police officer of the city, or such person as the board may appoint, to serve any and all subpoenas. The party calling in witnesses shall be liable for and pay the witness fees as provided by law. If upon hearing the Excise Board should find that such complaint is true, said board shall then order and direct that the license theretofore issued to such licensee shall be revoked, and the said licensee shall not thereafter be authorized to sell or give away liquors under such license. (711) INDEX References arc made to paragraph numbers preceding original section numbers. ACCIDENTS PARAGRAPH Duties of policemen regarding 550 Duties of Chief of Police regarding 551, 552, 553 Duties of City Physician 551 Form for reports 552 Powers of City Attorney 553 ADDITIONS— How made to city 19, 554 Subdivisions, how made 555 Plat filed with Clerk 556 Submit plan to Council 556 Council may replat 556 Plat must be approved 19 Plat unlawful, when 557 Sale unlawful, when 558 Violations, punishments for 559 ADVERTISEMENT— In daily paper 42, 49 Irregularity not to affect lien of assessment 74 ALLEYS— Authority to grade, improve, vacate, etc 144 Compel owners of additions to conform to 17, 554 Authority for paving 144 Contracts for 145 See streets 19 AMENDMENTS— To ordinances 56 AMUSEMENTS— Classification of 560 License 564 Same, subject to ordinance 571, 575 Same, fee for 565 Same, by whom issued 566 (713J 714 INDEX. A MUSK ME NTS — Concluded. paragraph Same, violation of 572 Classification, determined by 567 Theaters, licenses for 568, 569 Entertainments defined 570 Gift enterprise prohibited 572 Concert saloons prohibited 573 Penalty for violation 573 Certificate posted 574 Destroy bills, posters, etc., unlawful 576 Sale of liquors in theaters prohibited 577 Aisles kept clear 578 Same, duties of police 582 Doors swung outward 579 Loitering around theaters prohibited 580 Duties of owners 581 Violation 583 ANIMALS— Cruelty to 92 Domestic, running at large 125 ANNUAL APPROPRIATION BILL— Estimate for 53, 54 Must be made, when 54 No other appropriations allowed 53 Exceptions 53 What must contain 63 Where published 54 Expenditures limited to amount provided 55 APPEALS— From allowance of claim 49 Bond 49 No bond if city appeal 49 Warrant not to issue 49 Costs of, on aflSrmation 49 Notice of 49 From Police Judge 172 From Council 184 APPROPRIATIONS 66 AREA WAYS— Establishing size 585, 586 When may be left uncovered 587 When iron gratings 687 Plans approved by Street Commissioner 588 INDEX 715 ASSESSMENTS- i*aragraph Irregularity, not to invalidate 74 Same, relevy 75 A N. RY. CO. FRANCHISE— See “Railroads.’’ auctions and auctioneers— Authority to regulate 127 Permit for 590, 591, 592 Same, sales without prohibited 591, 602 Revoking permit 593 Bond 592 Application for permit 593 Purchaser right to return 595 Duties of auctioneers 594, 595, 597, 598 Forfeiture of permit 595, 596, 597, 598 Substituting article 596 Mock auctions, prohibited 597 Clerk, list of filed 598 Same, provisions apply to 599 Death of partner, rights preserved 600 Special permits 601 Violations, penalty 603 AWNINGS 1285 BARBED WIRE FENCE— Prohibited 604 Same, removal of 605 Violation, penalty 606 BILLIARD AND BALL ALLEYS— License for 607, 608 Application for 608 Issuance of 609 Bond 609 Disorderly conduct in, prohibited 610 Time of opening and closing 610 BILL OF EXCEPTIONS— What contain 173 Judge must sign 173 BIRTHS— Registry of. 611 Duties of physicians, midvvives, and others 611 Reports of, regarding 612 Neglect of, penalty 613 716 INDEX. BOARD OF EDUCATION— paiiagraiii • Election of 818 BOARD OF ENGINEERS— See “.Stationary Engineers.” BOARD OF EQUALIZATION— Sessions Powers 611 Special assessment 149 BOARD OF EXCISEMEN— Rules of 1 720 BOARD OF HEALTH— Authority for 128 Establishment of. 453 Jurisdiction 451 Meetings 453 Powers of. 454 Employ physician 455 Quarantine powers 456 Penalty for violating order of. 456 To order privy vaults cleaned 1038 Provide dumping ground for scavenger matter 1044 Violation of rules of 1056 BOARD OF HOSPITAL COMMISSIONERS 140 BOARD OF PUBLIC WORKS— Establishment and duties of. 155 Receive bids 156 Same 407 Duties regarding viaducts 83 Appointment of 27, 155 Same 264 Confirmation of 27 Removal of 155 Salary of chairman 30, 155 Same 281 Same of members 30 Same.. 281 Resignation, by acceptance of office 415 Superintend paving, guttering, etc 144 Contracts by 407 Same, advertising for 401) Requirements by, of contractor 407, 411 Same 408 INDEX. 717 BOARD OF PUBLIC WORK^—Conchided. paragraph Supervise plans and construction of’ sewers 409 Sewers, advertise for bids 409 Book of specifications 409 Book of board proceedings 409 Book of contracts 412 Meetings of 410 Notice of meetings 410 Quorum 410 Attendance of members 410 Power to contract 155 Duties of chairman 155 Same 414 Same, absence of 413 Temporary vacancy 413 Interest in contract prohibited 414 Inspectors, appointed by 416 Ineligible to other office 415 Reports regarding inspectors 416 BON D— Appeal— From allowance of claim 49 Not required if city appeal 49 Conditions of 49 None required of city 49 No official to sign 107 From Police Judge 172 From Council 184 BONDS— Insurance companies 237 Contractors on public buildings 211 For special subjects, see that subdivision. BONDS— Funding— Authority to issue 101 Issues of 1450-1475 BONDS— Internal Improvement — Statutory provisions 213-221 Interest, statutory provision 225 Same 162 Sale of. 162 Redeemable, when 162 How paid 232 Tax for 165 Water repts applied on, for sewerage and water-works 165 7J8 INDEX, BONDS — Internal Improvement— C onc/wded. pauagraph Hospital 139 Paving 144 District paving bonds, assessments and orders 1478-1517 Intersection 144 Issues of intersection paving bonds ISlS-lS'iS Curbing and guttering 114 Sewer, water-works, and parks 99, 159 Issues of 1526-1528 Interest, sale, and redemption 162 Coupons detached 212 Sinking fund 102 Coupons accepted for taxes 71 Outstanding, record by Clerk 38 Water, issues of. 1530-1546 Railroad, issues of. 1559-1563 BONDS— Municipal— Statutory provisions 210 Issues of. 1450-1546, 1559-1563 BONDS— Official— Council men 26 Clerk, Deputy 38 Treasurer 39 Officers may be required to give 107 Members of Board of Public Works 155 Amount of 274 BON DS— Refunding— Statutory provisions 222-224 BORROWING MONEY— For emergency 55 A u t hority for 100 BREAD— Material for 614 How weighed 615 Leaves, weight of 615 Loaves, how stamped 617 Violations, penalty 617 BRIDGE TAXES— Especially appropriated 53 BUILDING PERMITS— Authority for requiring 124 Application for. 618 INDEX. 719 BUILDING PERMITS— ConcZwder^. paragraph By whom granted 618 Record of. 386 Use of street and sidewalk 618 Same, permission for 618 Fees for permits 619 Disposition of fees 619 Violations, penalty 620 Special permits for corrugated iron buildings..., 741 BUILDINGS— Power to regulate construction of 124 Inspector, appointment of 27 Same, qualifications of 27 Moving through streets 92 Public, eminent domain 97, 192 Same, authority to erect 110 Same, limitation 110 Same, exit and entrance 123 Same, fire escape 123 Power to erect, public 124, 126 Doors to open outward 695 Building permits 618 How constructed 621 Unlawful to repair frame 622 Appraisal of damage ..! 623 Arbitrators to be sworn, reports 624 Unlawful to repair condemned 625 When owner neglects to ask for arbitrament 626 Removal of condemned building 627 Same 628 Same, report of 629 Sheds, dimensions of. 630 Shelter sheds 631 Circumscribing walls 632 Sills and lintels 633 Business buildings 14 feet high 634 Same, two stories high 635 Same, three stories high 636 Same, four and five stories high 637 Walls in five-story buildings 638 Partition walls in business buildings 639 Height of stories for given thickness of walls 640 Table of thickness of walls in business buildings 641 Increasing height of 642 720 INDEX. BUILDINGS — Continued. PARAGUArH Outside walls of theaters, churches, etc 643 Buttresses 644 Cut stone facings and brick backings 645 Party walls 646 Domes, mansard roofs, etc 647 Slate roofs 648 Walls in buildings for business and residence purposes 649 Walls in two-story-and-basemeut dwelling houses 650 Same in three-story-and- basement 651 Same in more than three-story-and-basement 652 Table of thickness of dwelling house walls 653 Height of walls above roof in dwelling houses 654 Same in business buildings more than two stories high 655 Rear walls, terminate flush when, gutters 656 Chimneys and flues 657 Same in party walls 658 Disconnected chimneys 659 Footings and foundations 660 Headers every seventh course 661 Fire flues, walls anchored 661 Hollow walls, not bearing walls 662 Iron fronts, backing 663 Height of wall during construction of building 664 Roofs to be incombustible, composition roofs, pitch 665 No uncovered tar or woodwork texposed on roof. ! 666 Appendages to building defined 667 Sky-lights 668 Conductors 669 Cornices, gutters, eaves, and parapets 670 Scuttles, all roofs reached by 671 Metallic standpipes, hose-couplings, etc 672 Signs... 673 Piazzas or porches not to be inclosed 674 Floor beams, etc., to be kept away from chimneys 675 Hearths and fire-places 676 Joists and beams, rests 677 Joists and girders, dimensions, biidged 678 Headers in floor-framers 678 Plank, board, and scantling partitions 679 Stairways, plastered 680 Stairways in factories, etc., incombustible 681 Hoistway openings to be protected 682 Hoistway openings to have fire-proof shaft 683 Doors in elevator shafts 681 INDEX. 721 BUILDINGS — Continued. ia r ag i; a i' 1 1 Elevator openings not having doors 685 Open passenger elevators. 686 Where automatic trap doors are used 687 Partitions, when regarded incombustible 688 Fire-proof shutters 689 Fire escapes 690 Penalty for not affixing tire escapes, etc 691 Pilasters and columns not to extend beyond line 692 Porticos 693 Smoke houses, how constructed 694 Egress opening and stairways of theaters 695 Stairways in factories, number of ? 696 Vaults for shavings 697 Doors and stairways for escape in case of tire 698 Penalty for neglect to provide 698 Fire-proof stairways in factories 699 Belting and shafting to be covered 700 Hot liquids to be guarded 701 Rain to be kept out of buildings 702 Penalty for non-compliance 703 Hot air and steam pipes, furnaces, etc 704 Boiler houses and boiler rooms 705 Floors in boiler rooms 706 Portable boilers 707 Brick ovens, coffee roasters, etc 708 Wooden fences, height of 709 Cupolas of foundries 710 Steam pipes, how protected 711 Pipes not let into joints 712 Flag poles, permitted, when 713 Walls to be braced during erection 714 Business building detiued 715 Wholesale store defined 716 Basement detined 717 How height determined 718 Chimney foundations 719 Doors in shafts or elevators to open from outside 720 Inspector not to be hindered 721 Iron bars not to be driven in streets 722 Po.sts, derricks, guy ropes 722 Repairs and alterations, how governed 723 Theaters, churches, and public halls 724 Stairways in 725 Exits in 726 32 722 INDEX. BUILDINGS — Concluded. paragraph Proscenium, walls in 727 Floors of theaters to be fire proof 728 Partitions in theaters to be fire proof. 729 Provisions apply to future erections 730 Egress openings marked 731 Aisles kept open 731 Theater defined 732 Scenery in theaters, incombustible 733 Theaters to have ventilators 734 Standpipe and water plug in theaters 735 Hose attached in theater 736 Public halls to have standpipe in street 737 Theater to have fire-alarm telegraph 738 Fire apparatus kept at theater 739 Penalty for violations 740 Corrugated iron buildings 741 Special permits 741 Use of streets during erection of 1338a Moving of. 1342 Moving across street car tracks 1365 Dangerous condition of, prohibited 1123 Numbering of 1320 BURIAL PERMITS— Permits required for all burials 742 Violation, penalty 743 B. & M. R. R. FRANCHISES- See “ Railroads.” CAPITAL CITY STREET RAILWAY— Franchise 1655 CAPITAL HEIGHTS RAILWAY COMPANY— Franchise 1660, 1669 CEMETERY— Authority to own 131 Authority to convey lots in 133 Authority to regulate 134, 135, 136 Power of eminent domain 97 CEMETERY TRUSTEE— Election of. 818 CENSUS— Authority to take..,...., 109 INDEX. 728 CHARTER— Population Proclamation Continuation of government, Wards Corporate limits Contiguous property Additions Corporate name Service of process Rights reserved Powers granted Wards Precinct lines Elections, general Election of officers Excise Board Appointive officers Electors, qualifications of. Council meetings Same, special Same, quorum Same, power of minority Salaries Police Judge Officers, qualification Mayor, powers and duties Same, veto Same, message Same, vacancy Same, pardoning power Clerk, duties of, Treasurer, duties of Attorney Engineer Same Marshal Street Commissioner Accounts of officers Contracts Streets, care of Market Claims Public money i... Same, special funds,., PARAGHArn 14 15 16 17 17 18 ...... 19 20 20 21 22 23 24 25 26 26 27 28 29 29 29 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 ...... 51 724 INDEX. CH A RTPjR — Contiiiucd/, paragraph Fiscal year 52 Annual appropriation bill 53 Same, estimates for 54 Expenditure of money 55 Appropriations 5G Ordinances 56 Warrants 57 Power to contract 58 Contract, officers not to be interested in 59 Ordinances, rules for passing 60 Same, style of. 61 Taxes, levy of 62 Equalization of taxes 63 Tax list, correction 64 Taxes, delinquent 65 Tax warrant 66 Treasurer, power of 67 Same 68 Taxes, property liable 69 Same, ordinances for collection 70 Same, how paid 71 Same, sale of realty 72 Tax liens 73 Assessments, irregularity 74 Same, relevy 75 Same, county treasurer 76 Treasurers’ books 77 Public money, removal of Treasurer 78 Treasurer, annual report 79 Ordinances, power to act by 80-143 Paving 144 Same, contracts for 145 Same, intersections.... 146 Sewer districts 147 Same, assessments 148 Special assessments, how made, when due 149 Same, proceeding of officers, warrant 150 Apportionment of assessment 151 Completion and acceptance of work 152 Railways, use of streets, liability 153 Same, special assessments 154 Board of Public Works 155 Finances, published statements 156 Witnesses 157 INDEX. 725 CHARTER — Concluded. County jail Bonds for sewers, water- works, and parks Same, water-works Same, contracts Bonds, interest Water Commissioner Same, duties Tax for sewerage and water-works Liquors, license Payment of taxes Printer’s fees Special engineer Police Judge, jurisdiction Same, power, duties Same, appeal Same, error Same, complaints Same, fines and penalties Trial Recognizance Same, breach Witnesses Trial by jury Judgments Discharge of prisoner Proceedings in Police Court Undertaking Continuance Challenges to jurors Punishment Working prisoners Vacancy in office of Police Judge Repealing clause CHIEF OF POLICE OR MARSHAL C., B. &Q. RY. CO. FRANCHISES— See “ Railroads.” C., R. I. & P. RY. CO. FRANCHISES— See “ Railroads.” CITY ATTORNEY— Election of Deputy Salary paragraph 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 , 27 , 43 , 166 , 265 , 465 , 473 26 30 30 726 INDEX. CITY ATTORNEY — Concluded. paragraph Same 281 Term of office 26 Bond 274 Duties of. 40 Same 444-450 Draw ordinances 445 Appear in Police Court, when 446 Keep register of suits 447 Deliver papers to successor 448 Report to Council... 449 Approve form of bonds 283 Order Marshal to investigate accidents 553 CITY ENGINEER— Election of. 26, 261 Salary 30, 281 Duties of 41, 417-422 Same, shall make estimates 42, 419 To inspect improvements 152, 421 Appointment of special 169 CITY LIMITS— Authority to fix 17 Description of 744 CITY PHYSICIAN— Appointment of. 262 Same 461 Duties of 461-464 Same, in case of accident 551 Reports of 464 CITY PRINTING— City Clerk to advertise for bids for doing 1376 Bids, how made 1377 Bids for, opened by Clerk in presence of Council 1377 Awarded to lowest and best bidder 1377 Contract for 1378 Bond for 1378 Job printing, bids for 1379 Duty of Clerk regarding 1379 Contract shall provide for copies of paper to be furnished 1380 Supplies 1381 CIVIL RIGHTS— Granted to all 234 Punishment for violation.... 235 INDEX. 727 CLAIMS — PARAGRAPH Presented iu writing 49 Verified by oath 49 Head in open Council 49 Published in paper 49 Vote of each Councilman recorded 49 Statement must be filed in three months 49 Fund specified 57 Appeal from allowance 49 Warrant not to issue if appeal taken 49 CLERK— Election of..., 26 Same 818 Term office 26 Salary of. 30 Same 281 Bond 274 Issue election certificates 28 Custody of all laws, etc 38 Keep record of outstanding bonds 38 Make annual report of bonds sold 38 Make monthly report of warrants issued 38 Issue and sign warrants 57 Certify to passage of ordinances 60 Make out tax list 64 Dsliver tax list to City Treasurer 64 Annex warrant to delinquent tax list 64 Certify to special assessment list 150 Custodian of official bonds 279 Certify to copies of complaints, when 296 Administer oath to Mayor...- 310 Office and office hours 378 Custodian of records 379 Record proceedings of Council 380 Same 38 Officers’ blanks, preparing 552 Draw warrants 380 Monthly reports 380 License, issue and record 380 Same 385 Preserve papers, files, etc 381 Prepare commissions of officers 382 Preserve copies of ordinances 383 Preserve original ordinances 389 728 INDEX. CLERK — Concluded. paragraph Preserve copies of notices 384 Record building permits 386 Petition for public works, record of 387 Deliver ordinances to Mayor 388 Deliver papers to committees 388 Furnish certified copies, when 389 File documents, date of. 390 Index of books 390 Custodian of corporate seal 391 Appoint deputy 30, 38, 392 Powers of deputy 392 Issue amusement licenses 566 Issue licenses for billiard and ball alleys 609 Advertising for bids for printing 1376 Open bids for printing 1376 Register licenses for coaches, etc 748 Notify judges and clerks of election 81 0 Furnish blanks to judges, etc 811 Deposit election returns with 816 Issue election certificates 818 Issue permit to keep gunpowder 865 Issue license for intelligence office 1083 Countersign licenses 1108 Register licenses 1109 Secure proof of publication of ordinances 1163 Deliver copy of revised ordinances to city officers 1168 Issue license to pawnbrokers 1173 Issue and sign plumbers’ license 1181 Serve notice on owner of impounded animal 1201 Issue permits to use steam engines 1317 Issue permits to move houses 1340 Advertise for bids for city supplies 1381 COACHES, CABS, AND CARTS— Unlawful to use for hire without license 745 Authority of Mayor to issue license 746 Bond for license 747 Register of license 748 Length of license 748 Name and number of license to be painted on vehicle 749 Lamps on carriages, numbers on lamps 750 Doors to have knob inside 750 Omnibus to have lighted lamp 750 License designate name and number 751 INDEX. 729 COACHES, CABS, AND CARTS— Conc/wt^ed paragraph Driver wear badge with number on 752 License transferable, how 753 Penalty for not taking out license 754 Price of licenses for passenger vehicles 755 Same during State Fair 755 Rates of fare for carrying passengers, etc 757 Same to State Fair grounds 758 Baggage 757 Goods left in coach to be delivered at police station 759 Violation of, penalty 759 Rates of fare to be posted in carriage 760 Disputes as to distance 761 No pay unless rates of fare posted 762 Excess of fare to be returned 763 Offender subject to fine 763 Fare may be demanded on entering 764 Number and name of owner to be given when asked 765 Public carts, defined 766 Carts shall be licensed 766 Fee for cart licenses 767 Number of cart to be printed thereon 768 Rates to be charged by carts 769 Retain articles transported until paid 770 Disposition of articles retained 770 Disputes as to price, settled by Marshal 770 Number and name of owner to be given when asked 771 Disorderly conduct by, prohibited 771 Abusing passengers 771 Not to act as runner without license 772 Racing by, prohibited 772 Keep to the right in driving 772 Unlawful for driver to become drunk 773 Marshal or police to remove driver, when 773 Depot master to designate place for hack to stand at depot 774 Unlawful to stand elsewhere 775 Penalty for violation 775 Unlawful to drive on or approach sidewalk 776 Unlawful to obstruct street 776 Unlawful to delay or annoy passengers 776 Unlawful to stand in front of hotel 777 Violations, penalty 778 COAL— Authority for inspection of weight, etc 115 730 INDEX. COAL — Concluded. paragraph Hundred weight and ton 779 Weight per bushel 1444 Certificate of weight 780 Purchaser may require wagon weighed 781 Penalty for violating article 781 COMPLAINT— Of special assessment 63 Notice 63 CONCEALED WEAPONS— Authority to regulate 118 Unlawful to carry 782 To be confiscated 783 Arrest of person carrying 784 Penalty for violation 785 Limitations and exceptions 786 Mayor may grant permits to carry 787 CONSOLIDATED TANK LINE CO.— Franchise 1553 CONTAGIOUS DISEASES— Appropriation in case of. 55 Ordinance relating to, take effect when 61 Authority to regulate 128 Physicians to report 1013 CONTIGUOUS LANDS. Power to include. 17 Defined 18 CONTRACTS— Citizens may enforce for city, when 40 Estimate by engineer, when 42 Published in daily paper, when 42 Improvements requiring special assessments 42 Passage by yea and nay vote 46 May be made, when 58 OflScers not to be interested in 59 Void, when 59 For street sprinkling 85 For sidewalks 86 For lighting 93 For paving 144 Same.. 145 Board of Public Works not to be interested in 155 INDEX. 731 CONTRACTS — Concluded. paragraph For supplies, how awarded 156 For water-works 161 For work, shall coutain eight hour clause 789 Officers not to be interested in 233 Punishment for violation 233 Advertisements for, preserved 409 How let 4li Confirmation of. 411 Interest in, by Board of Public Works 414 For supplies in Water Department 1407 See “Board of Public Works,” “Supplies for City Government,” “Sewers,” “Streets,” “Engineer,” “Paving,” “Mayor and Council,” “Council and COUNCILMEN.” CORPORATE SEAL— Custodian ot 391 Description of. 1227 COUNCIL AND COUNCILMEN— Election and term of... 26, 818 Bond of 26, 276 Same, liability on 26 Confirmation of officers. 27 Canvass return of votes 28 Quorum ...29, 321 Power of, less than quorum 29 Salary 30, 281 To pass, etc. , over veto 34 May require accounts from officers 45 Vote on claims 49 Liability for diverting money from funds 50 May transfer surplus 50, 51 Shall pass annual appropriation ordinance 53 Council may add to street funds 63 Required to make estimate for annual appropriation 64 Emergency 55 Power to contract 58 Unanimous vote required 59 Rules for passing ordinances 60 Publish ordinances 60 Poll tax 62 Dog tax 62 Road tax, expenditure of. 62 Act as board of equalization. 63 732 INDEX. COUNCIL AND COUNCILMEN— Cb/ifinMee?. paeagraph May correct errors in assessment 75 May remove Treasurer, when 78 President of. 137 Agreement for hospital privileges 143 Authority for paving 144 May require sewer pipes to be laid 144 May make sewer districts 147 Power to make special assessments 149 Same, board of equalization 149 Shall award contracts for supplies 156 May compel attendance of witnesses 157 Appeal from 184 Eegular meetings, time of. 29 Same 321 Special meetings 29 Same 321 Eesignation of. 322 Vacancy in office of. 325 Assess lands omitted from tax list 64 Correct errors in tax list 75 Improve streets and alleys 144 Correct errors in special assessments 144 Designate sewer districts 147 Provide system of sewers 147 Affirm or reject reports 162 Submit proposition to vote bonds 213 Enter proposition on record 216 Levy tax to pay bonds 217 Canvass returns of elections 28 Cause election certificates to issue 28 Vote on claims recorded 49 Liable for damage for diverting fund 50 Absence from meetings 323 Order of business 326 Eules of Council 326 May replat additions and subdivisions 556 Direct issuance of billiard and ball alley licenses 608 Grant building permits 618 Grant special building permits 741 Determine character of fire escapes 690 Grant permits for lumber yards 856 Direct issuance of plumber’s license 1181 Cause surplus from sale of impounded animal to be paid to owner, 1202 Grant permits to use space under sidewalks 1274 INDEX. 733 COUNCIL AND COUNCILMEN— Conc/wt/e^/. paragraph Grant permits to use steam engines 1317 Provide method for numbering buildings 1320 COUNTY CLERK— Permit City Clerk to copy records 62 COUNTY TREASURER— To collect taxes, when — 69 Receive delinquent tax list 72 Add delinquent city tax to county tax 72 Sell real estate to collect tax 72 Pay over money to City Treasurer 76 CURBING— See “ Paving.’* DAY— Number of hours of labor 788 DEATHS— Registry of, by physicians 790 Report of. 791 Penalty for violation 792 DEPOTS— Authority to regulate grounds 95 DEPUTY ATTORNEY 30, 281, 451 DEPUTY CLERK 30,281 DEPUTY TREASURER 30, 268 DOGS— Authority to tax 62 Authority to license and regulating and keeping 88 Same 125 Tax 793 Duty of owner 793 Treasurer to furnish tags 794 To have collar with tag attached 795 Duplicates furnished 795 Unlawful to remove tag or collar, 796 Unlawful to kill or steal licensed dog 796 Mayor provide pound 797 Employ poundmaster 797 Impounding 126, 798 Fee for 798 Must wear muzzle 799 Impounding dogs without muzzl s 799 734 INDEX. DOGS — Concluded. paragraph Redemption from pound 800 Disposiiion of unclaimed dogs 800 Disposition of pound fees 801 Limitations and exceptions 801 Exemption where tax is already paid 8U2 Penalty for violations 803 Set to fighting prohibited 1122 ELECTION DISTRICTS— How constituted 23, 24 Names and boundaries of. 828-835 Unlawful to vote except at legal residence 835 ELECTIONS— General 26 When held 26 Polls, where located 25 Same 804 Provisions concerning 104 Primaries 104 Election districts 23 Opening and closing polls 25 Canvass of returns 28 Electors, qualifications 28 Registration 104, 804 Certificate of election, how issued 28 Excise Board, election of 26 Officers, election of. 26 Same 805 Notice of 806 Judges and clerks, appointment of. 807 Qualifications of. 807 Appointment to fill vacancy of 808 Oath of. 809 Notice to, of appointment 810 City Clerk furnish poll book 811 Time of opening and closing 25, 812 Inspecting ballot box 813 Manner of conducting 813 Governed by general statutes 814 Count of ballots 815 Returns to be made to Mayor in presence of Council 816 Canvass of 817 Abstract of vote 818 Certificates of election 818 INDEX. 735 ELECTIONS — Concluded. paraqkaph Refusal of judge or clerk to serve, penalty 819 Sickness of, vacancy by election 820 Secret ballot 821 Penalty for examining ballot 821 Judge have power to preserve order at the polls 822 Police at polls 823 Special elections, how governed 824 Contests of elections 825 Certificate withheld in case of. 825 Tie vote 826 Illegal voting 827 Grant of street railway franchise /. 1353-1356 ELECTORS— Registration of. .28, 104, 804 ELECTRIC LIGHT— Authority to regulate 94 Authority to contract for lighting streets, etc 93 Wires, how erected 836 Distance from other electric wires 837 Not to interfere with electric wires 838 Duty to remedy such interference 839 Failure to remedy, penalty ;... 840 Wires subject to direction of Street Commissioner 841 Unlawful to maintain without payment of tax 842 Penalty for violation 842 Occupation tax 843 Destroying property of. 923 ELECTRIC LIGHT COMPANY— Franchise 1551 ELECTRIC LIGHT, GAS, AND OIL COMPANIES— Franchises 1551-1655 EMERGENCY — Power of Council in 66 EMINENT DOMAIN— Exercise of. 97, 193, 844 For water- works 160 EMPLOYEES— How paid when appropriation exhausted 55 Fire Department 269 Water Department 1402, 1406 Clerks and assistants 270 736 INDEX. EMPLOYEES — Concluded. paragraph Laborers 272 Employees and appointive officers 262 ENGINEER— Election of 26 Salary of 30 Same 281 Bond 274 Special engineer 169 Record minutes of surveys, estimates, etc 41 Make maps, plats, estimates, etc 41 Preserve records 41 Turn over records to Successor 41 Estimate cost of public works 42 Make surveys for public improvements 42 Duties required by Council 42 Make estimates before work let 42 Preserve specifications 42 Make detailed plans 42 Submit plans to Council 42 Supervise public works 42 Inspect improvements 155 Report to Board of Public Works 155 Location of office 418 Have charge of instruments, etc 418 Record maps, plans, surveys, etc 418 Make surveys 419 Report intrusions on public grounds 420 Supervise work in streets 421 Issue permits for work on streets 421 Care of paved streets 421 Preserve plans 422 Reports to Council 422 Duties in case of accidents 552 Notify gas company of intention to pave 926 Service of notice 927 Issue special permit for laying sewer pipe 1239 Issue permit for excavating in street 1350 EPIDEMIC— Appropriation in case of. 55 ESTIMATES— Appropriation bill 54 For public works 42 For annual supplies 156 INDEX. 737 EXCISE BOARD — paragraph Composed of, 26 Election of. 26 Appointment and removal of Marshal and police 27, 166 Granting licenses 166 Salary 30 Powers and duties 163 Rules of., 1720 EXPENDITURES-- Not to exceed amount provided 55 Exceptions and limitations 55 EXPLOSIVES— Authority to regulate 118 Permit for keeping 865, 867, 877 EXPRESS COMPANIES— Occupation tax on 846 Penalty for failure to pay 847 Disposition of tax 847 Tax on real and personal property 848 FEES 30, 31, 281, 290, 619, 798, 1098, 1198, 1182 FINES— Authority to impose 116 To whom paid 175 FIRE-ARMS, FIRE- WORKS, AND CANNONS- Authority to regulate 118 Unlawful to discharge 881 Not to be sold to minors 882 Toy arms, sling-shots, etc., not to be discharged 883 Toy arms, sling-shots, etc., prohibited 884 Unlawful to furnish minor with 885 Penalty for 885 Fire-works, discharge of, prohibited 886 Same on streets, parks, alleys, etc., prohibited 887 Duty of police to enforce 889 FIRE DEPARTMENT— Authority for 113 Tax for support of. 237 Receive building permit fees ' 619 Appointment of Chief 27 Same 263 Confirmation of Chief. 27 Same 263 738 INDEX. FIRE DEPARTMENT — Concluded. paragraph Bond of. 504 Same 274 Same 282, 283 Term of oflSce 289 Same 263 Duties of Chief. 490-504, 510 Certify to safety of public halls 574 Choose arbitrators to determine damages 623 Powers of, regarding damages to buildings 627-629 Require placing of fire escapes 690 Have direction of fire alarm in theaters 738 Grant permits for bonfires 850 Examine chimneys, etc 863 Give directions regarding 863 Grant gunpowder permits 865 Register gunpowder permits 867 Penalty for obstructing hydrant 890 Persons present at fire subject to order of Chief 891 Chief may demand aid from draymen, etc 892 Penalty for refusing to obey 892 Hindering firemen 893 Penalty for 893 Hose not to be driven over 894 Unlawful possession of keys to fire boxes 895 Penalty for 895 Defacing alarm boxes 897 Fire apparatus have right of way 898 FIRE ESCAPES— Authority to regulate and require 123, 124 On buildings 690 Penalty for omitting 691 Public halls defined 899 Means of egress from public halls 900 Doors open outward 901 Aisles and passage ways 902 Fire extinguishers in halls 903 Violations and penalties 904 Boarding houses and hotels 905 Iron balconies on three-story hotels 906 Stairways in hotels 907 Post notice that ordinance has been complied with 908 PenaUy for violations 909 Opera houses, balconies and stairways 910 See “Buildings.” INDEX. 739 FIRE LIMITS PARAGRAPH Authority to fix 113 Boundaries of 911 Unlawful to repair frame buildings within 622 Damage to building, how ascertained 623 Erection of buildings within. See “ Buildings.” Permits for lumber yards within 856 Paper and refuse matter in streets within 861 FIREMEN — Appointment 491 Same 269 Salary 281 Duties of 492, 498, 499, 505, 506, 509, 510 Removal of. 491, 509, 510 Disability of 506 Badge of 508 Copy of rules furnished to 507 Rewards or presents to 509 Absence from duty 510 Obstructing in performance of duty 879 FIRES— Giving false alarm of. 849 Bonfires, permits 850 Lighted lamps not to be taken into stables 851 Shavings to be removed 852 Stoves and candles in shops 853 How carried through streets 854 Chips and shavings not to be scattered in streets 855 Lumber yards, permits for 856 Storing lumber 857 Penalties for storing lumber 858 Boiling pitch or tar 859 Hay or straw not to be piled near building 860 Penalty for 860 Hay, staw, paper, and refuse matter in streets 861 Penalty for placing 861 Ashes not to be kept in wood 862 Chimneys, flues, etc., examination of 863 Alterations in, required by Chief of Fire Department 864 Gunpowder and other explosives 865 Permits to keep 865 Applications for 866 Registry of 867 Gunpowder not to be weighed by lamp light 868 740 INDEX. FIRES — CoTicludcd. paragraph Sign for 869 Keeping gunpowder, etc 870 Storing gunpowder, etc 871 Transportation of gunpowder, etc 872 Shipping gunpowder 873 Permits expire, when 874 Seizing gunpowder *. 875 Manufacture of explosives prohibited 876 Penalty for violation 876 Storing dynamite, etc., prohibited 877 Sign on building used for storing dynamite, etc 878 Penalty for violation 878 Obstructing Fire Department in examining 879 Placing rubbish in sewers, penalty 880 FISCAL YEAR 52 FLAGMAN— Where stationed 1214 FLAGS ON CITY HALL— Power to display, vested in Mayor 912 FLOWER POTS- Unlawful to keep on window sills 913 Penalty for 913 F., E. & M. V. RY. CO.— See “ Railroads. ” FRANCHISES- Capital City Street Railway 1655 Capital Heights Railway Co 1660, 1669 Consolidated Tank Line Co 1553 Electric Light Co 1551 Electric Light and Oil Companies 1551-1555 Lincoln and Salt Lake Co 1673 Lincoln City Electric Railway Co 1670, 1671 Lincoln District Telegraph Co... 1676 Lincoln Electric Railway Co 1664 Lincoln Gas Co 1552, 1555 Lincoln Rapid Transit Co 1657 Lincoln Street Railway 1656, 1667, 1672 Lincoln Telephone Co 1674 Nebraska Telephone Co 1675, 1679 North Lincoln Street Railway Co 1666 Pacific Telegraph Co 16'77 Standard Street Railroad Co.. ’662, 1668 INDEX, 741 FUNDS— PARAGRAPH Must be devoted to purpose intended 50 Surplus 50 Special, how used 51 General, limitation of taxes for 62 Viaduct * 83 FUNERAL TRAINS— Definition 914 Has right of way 915 Violation, penalty 916 GAMING— Power to suppress 117 Unlawful to keep devices for 917 Unlawful to engage in 918 Unlawful to engage in, in any saloon, etc 919 Unlawful to frequent places used for 920 Penalty for violation 921 GAS— Authority to regulate sale and use of 94 To contract for erecting gas house, etc 93 To contract for lighting city 93 Destroying property of Gas or Electric Light Co 922, 923 Price of. 928a GAS MAINS— Authority to regulate 94 Must be laid in paving districts 924 Must be done before paving 925 Notice to gas companies 926 Served by City Engineer ! 927 Penalty for violations 928 GRADES— ‘ Datum plane 929 Grade of A street 930 Grade of B street 931 Grade of C street 932 Grade of D street 934 Grade of E street 935 Grade of F street 936 Grade of G street 937 Grade of H street 938 Grade of J street 939 Grade of K street 940 742 INDEX. • GR A.DES^~ Cow^iWMcd!. paragraph Grade of L street 941 Grade of M street 942 Grade of N street 943 Grade of O street 944 Grade of P street 945 Grade of Q street 946 Grade of R street 947 Grade of S street 948 Grade of T street. 949 Grade of U street i . . 950 Grade of V street 951 Grade of Sixth street 952 Grade of Seventh street 953 Grade of Eighth street 954 Grade of Ninth street 955 Grade of Tenth street 956 Grade of Eleventh street 957 Grade of Twelfth street 958 Grade of Thirteenth street 959 Grade of Fourteenth street 960 Grade of Fifteenth street 961 Grade of Sixteenth street 962 Grade of Seventeenth street 963 Grade of Eighteenth street 964 Grade of Nineteenth street 965 Grade of Twentieth street 966 Grade of Twenty-first street 967 Grade of Twenty-second street 968 Grade of Twenty-third street 969 Grade of Twenty-fourth street 970 Grade of Twenty-fifth street 971 Grade of Twenty-sixth street 972 Grade of Twenty-seventh street 973 Grade of Twenty-eighth street 974 Grade of Twenty-ninth street 975 Grade of Thirtieth street 976 Grade of Thirty-fiis.b street 977 Grade of Thirty-second street 978 Grade of Thirty-third street 979 Grade of Garfield street 980 Grade of Fitzgerald avenue 981 Grade of Sumner street 982 Grade of Randolph street 983 Grade of Washington street 984 INDEX. 743 GRADES — Concluded. paragraph Grade of Vine street 985 Grade of Euclid avenue 986 Grade of Chestnut street 987 Grade of Ulysses avenue 988 Grade of Cedar street 989 Grade of Elm street 990 Same 998 Grade of Nebraska court 991 Grade of Mulberry and Maple streets 992 Grade of Prospect street 993 Grade of Rose and Locust streets 994 Grade of Walnut street 995 Grade of University Place 996 Grade of Holmes street 997 Grade of Plum street 999 Grade of Pine and Poplar streets 1000 Grade of Wood street 1001 Grade of South street 1002 Grade of Harvard street 1003 Grade of Cherry street 1004 Grade of Gardner and Sycamore streets 1005 Grade of Peach street 1006 HACKMEN— Acting as hotel runner 1069 See “Coaches, Cabs,” etc. HAWKER— Defined 1098 License of 1098 HEALTH— Authority to establish rules for 128, 130 Same 131 Same 132 Health Officer 1008 Duties 1009 Powers and duties of Board of Health 1010 Power to destroy property 1010 Employ Health Physician 1011 Quarantine 1012 Report of contagious or infectious disease 1013 Persons having small-pox to remain in room 1014 Premises to be fumigated 1014 Vaccination 1015 Registry of births 1017 Registry of deaths 1017 744 INDEX. HEALTH — Concluded. paragraph Eeports to be filed with Health Officer 1018 Burial permits 1019 Burials, where allowed 1019 Blanks furnished 1020 Vault cleaner must be licensed 1039 How work must be done 1040 Tanks, carts, and tools, how stored 1041 Must be inspected 1041 Unlawful to allow stagnant water 1021 Offensive odors from cattle pens, etc 1022 Storing green or salted hides prohibited 1023 Disposition of refuse matter. 1024 Disposition of matter injurious to public health 1025 Business detrimental to health prohibited 1026 Rendering fat, how conducted 1027 Privy vaults, how constructed 1028 Owner or occupant must provide slop receptacle 1029 Placing garbage in alleys prohibited 1030 Privy vaults, in tenements 1031 Same, outside of sanitary sewer districts 1032 Same, prohibited near dwelling, well, etc 1033 Cess-pool, using well for, prohibited .• 1034 Cess-pool, vault, etc., condition of. 1035 Same, contents removed before filling up 1036 Same, disinfected, how often 1037 Same, duty of Board of Health regarding 1038 Hydrophobia, animals having, or exposed, to be killed 1016 Same, where buried 1016 Disposition of dead animals 1042 Same, duty of Health Officer 1042 Dead animals not to be placed in streets, etc 1043 Dumping ground for scavenger matter 1044 Slaughterhouses, provisions regarding 1045 Killing animals outside of, prohibited 1046 Unwholesome food, sale of, prohibited 1047 Same 1048 Cattle exposed to cattle disease, sale of, prohibited 1049 Pregnant animals, killing, prohibited 1050 Calf, pig, etc., less than a month old 1051 Damaged or decayed fruit or vegetables, sale prohibited 1052 Adulterated milk, sale of, prohibited 1053 Dealer must allow Health Officer to inspect 1054 Hotels must keep slop receptacle 1055 Violations and penalty 1056 INDEX. 745 HEALTH OFFICER— PAnAGRAPII Authority for 128, 130 Appointment of 266, 1008 Same 457 Duties of. 458, 1009 Keep records of Board of Health 459, 1018 Furnish blanks 459, 1020 Report of. 460 Permits to convalescents 1014 Inspect scavenger wagons 1224 See “Board of Health.” HIGHWAYS— City may vacate 17 HORSES— Power to regulate use of. 9 , 91, 92 Not to be driven fas’er than six miles an hour 1057 Driving around street corners 1058 Driving through alleys 1059 Running at large 1060 Not to be diiven on sidewalks 1061 Racing on streets 1062 Standing attached to vehicle and unfastened 1063 Penalty for 1063 Not allowed on space reserv d lor sidewalks 1296 Driving same through streets 1331 HOSPITALS— Authority for 139, 140 Board of Commissioners 140 Agreement with charitable association 143 HOTEL RUNNERS- General provisions regarding 1064 Lie nse lor 1065 Badge of 1066 Praci icing deception, disturbing peace, etc 1067 Line for, on depot platforms 1068 Must obey police officers 1068 Hackman acting as runner 1069 Penalty for violating 1070 HOUSES OF ILL-FAME— Authority for regulating \\1 Defined 1071 Unlawful to keep 1072 33 746 INDEX. HOUSES OF ILL-FAME— Conc/w(7ed paragraph Penalty for 1140, 1072 Inmates thereof. 1073 Penalty .• 1140, 1073 Fieqnenters thereof 1074 Penalty 1140, 1074 Allowing prostitutes to visit room 1075 Sufficiency of proof 1076 ICE— Sale of impure ice prohibited 1077 Weight 1077 Weighing, apparatus for 1078 Scales not to project beyond wagon 1079 Penalty for violations 1080 INSPECTION OF SEWERS— Inspector— Appointment of. 27 Term of office 289 Creation of office 432 Appointmentof 432 Confirmation of 432 Act under City Engineer 433 General charge of sewers 433 Keep same in repair 433 Supervise repairs of same 434 Supervise connections with 434 Require excavations filled 434 INSPECTION OF SIDEWALKS -Inspector— Appointment of 27, 263 Confirmation of 263 Term of office 263 Salary of 281 Duties of 428 Serve notice of defective walks 428 Repair defective walks 428 Report cost of repairs 428 Serve notice to lay walk 429 Make return to Council 429 Keep record of notices served 429 Report weekly to Council 429 Examine place of accidents 430 Secure names of witnesses 430 Report same to City Attorney 430 Act as Street Commissioner 431 INDEX 747 INSPECTION OF SIDEWALKS— Inspector— Com c/?u/rf/. PAKAfiKAi'n General supervision of side and cross-walks 1291 Keep record of notices served 1292 Serve notice to build sidewalks 1272 INSURANCE COMPANIES— Statutory provisions 237-240 INTELLIGENCE OFFICE— Defined 1081 License for 1082 Bond for 1083 What license to contain, duration 1084 Revocation of, by Mayor 1084 Penalty for deceit, imposition, etc 1085 Penalty for keeping without license 1085 INTEREST— Delinquent taxes 65 Refunding of, when 148 JAIL— County, use of, by city . 158 City, rules governing 1085a JAIL FEE 181 JUDGMENT— Police judge, appeal from 172 Same, error 173 On conviction 181 On confession 181 Execution on 181 Against sureties 181 JURY TRIAL— When allowed in police court 180 Jury fee 180 Challenges 186 Selecting jury 180 JUSTICE OF THE PEACE— Election districts 24 Act as police judge on appointment 189 Police judge has same jurisdiction, when 170 LAMPS— Power to erect and light 94 Authority to require railroads to use 96 748 INDEX. LAMPS — Concluded, paragraph Under charge of Sidewalk Inspector 1086 Post-oflSce department authorized to attach boxes to 1087 Penalty for unauthorized lighting 1088 Breaking, mutilating, etc 1089 Breaking or carrying away street signs on 1090 Breaking, defacing, or hitching to lamp-post 1091 Same 1286 LEVY— Ninety per cent only to be used 57 LIBRARY— Authority to establish 98 Establishment of. 1092 Directors, election of. 1093 Bond of. 1094 Powers of. 1095 Same 245, 252 Report of. 1096 Rules and regulations of 1096 Penalty for defacing books, etc., property of. 1097 Jurisdiction of Police Judge in matters relating to 249 LICENSES— Authority to require 87, 88 Same 123, 127 General provisions regarding 1098 By whom issued 380 Peddler defined 1098 Merchandise defined 1098 Street fakir defined 1098 Fee for 1 098 Transient merchant 1099 Street exhibitions, public balls, etc 1103 For medicines, gambling devices, etc., on street, prohibited 1104 Fee for, paid in advance 1106 Receipt of Treasurer therefor 1107 Signed by Mayor, countersigned by Clerk 1108 Register of 1109 May be issued to firm, corporation, etc 1110 To employers, protect employees 1111 Limitations and exceptions 1112 Sale of liquors 166, 1720 Penalty for violations 1113 (For licenses for special matters, see that subdivision.) INDEX, 749 LIENS PARAGRAPH Special taxes 63 Same, when 73 General, when 73 Of water tax Ill Special tax, street railway 154 L. c'fe N. W. RY. CO. FRANCHISE— See “ Railkoads.” LINCOLN & SALT LAKE CO.— Franchise 1673 LINCOLN CITY ELECTRIC RAILWAY CO.— Franchise 1670, 1671 LINCOLN DISTRICT TELEGRAPH CO.— Franchise.. 1676 LINCOLN ELECTRIC RAILWAY CO.— Franchise 1664 LINCOLN GAS COMPANY— Franchise 1552, 1555 LINCOLN RAPID TRANSIT CO.— Franchise... 1657 LINCOLN STREET RAILWAY— Franchise 1656, 1667, 1672 LINCOLN TELEPHONE CO.— Franchise 1674 LIQUORS— License for sale of 1720 LOTS AND BLOCKS— Authority to require filling and draining of 121, 1152 Defined 144 Subdivision of. 555 Council may replat 556 Plat of, unlawful when 557 Sale of, unlawful when 558 MARKET HOUSE— Authority for 110 Eminent domain 97 Under control Mayor and Council 48 Farmers may sell their own produce 48 750 INDEX. MARKET SQUARE- pakagraph Legislative grant 258, 259 o MARSHAL OR CHIEF OF POLICE— Appointment of 27, 43, 166, 265, 466, 473 Removal 27 Term of office 27 Bond 274 Salary 30 Same 281 Duties of 43 Same 466-473 Same 489 To work prisoners when 188 Duties in case of accident 551, 552 Attend Council meetings 324 Settle disputes as to hack fare 761 To remove drunken hack driver 773 Station police at polls on election day 823 Mark line for runners at depots, etc 1068 MAYOR AND COUNCIL— Powers and Duties— Powers granted and limitations 22 To divide wards into election districts 23 Street Commissioner subject to 44 Have care of streets, etc 47 Power over markets 48 May not tax farmer, when 48 Transfer surplus fund 50 Money, how expended 55 Power to levy and collect taxes 62 Limitation on taxation 62 Tax ordinance 70 May relevy tax, when 75 Shall prescribe manner of keeping books 77 Viaduct, powers 83, 192, 193 Sprinkling of streets ^ 85 May fill vacancies 105 May revoke license 123 Hospital trustees 140 Authority to create paving districts 144 Special tax for sewers 148 ]\lay make re-assessments for sewer, when 148 Power to pave street used by railway 154 May provide method of paying special tax 154 INDEX. 761 MAYOR AND COUNCIL— Powers and Concluded. paragraph May remove members of Board of Public Works 155 Shall publish statemeut ol finances 15G Borrow money for works of internal improvements 159 Authority to construct water-works 160 May contract for water-works 161 Investment of sinking fund 167 Ifimit on price for printing 168 May employ special engineer 169 To regulate huckstering 48 Pass annual appropriation bill 53 Prepare estimate for annual appropriation 54 Publish estimate 54 Exceed appropriation, when 55 Require bond of contractors 211 Fill vacancy in Council 325 Approve contracts of Board of Public Works 407 Same 411 Grant permits to move buildings 1340 Improve streets 1344 Designate polling places 804 Give authority to lay cross-walks 1291 Condemn land for streets 1345 Order street car tracks taken up 1361 Direct where telegraph poles, etc., shall set 1386 MAYOR — Powers and Dvties— {P rovided by Ordinance ) — Take oath 310 Chief executive officer 311 Examine complaints against officers 312 Fill vacancies by appointment 313 Remove paupers 316 Suppress riot 315 Assist indigent persons 316 Call special meetings of the Council 321 Fill vacancy in Council 325 See also rules of Council 326-377 Appoint Health Officer 265, 266 Appoint City Physician 267 Appoint employees of Fire Department 269 Appoint clerks and assistants 270 Appoint laborers 272 Appoint Street Commissioner 263 Appoint Assistant Street Commissioner 263 Appoint Chief of Fire Department 263 752 INDEX. MAYOR— Powers and Duties — {Provided hy Ordinance ) — Concluded. paragraph Appoint Sidewalk Inspector 263 Appoint Member Board of Public Works 264 Appoint Police Judge, when 189, 263 Appoint Sewer Inspector 1243 Grant leave of absence 284 Allow presents to police 480 Allow firemen to retain rewards 509 Sign amusement licenses 566 Revoke amusement licenses 572 Approve bond of auctioneers 592 Grant permit for auctions 590 Revoke auctioneers’ permits 593 Approve bond for billiard and ball alley 609 Sign license for billiard and ball alley 608 Election of 818 Receive returns of elections 816 Canvass returns 817 Issue election certificates 818 Grant permits to carry concealed weapons 787 Provide dog pound 797 Employ poundmaster 797 Same 1198 Appoint judges and clerks of elections 807 Cause notices of election to be published 806 Grant permits to transport gunpowder on streets 873 Grant permit for storing dynamite 877 Has authority to display flags, etc., on city hall 912 Approve bond for public intelligence ofiSce 1083 Revoke license of intelligence office 1084 Approve bond of Library Direct<»rs 1094 Sign all licenses 1108 Approve bond of pawnbrokers 1172 Sign pawnbroker’s license 1173 Revoke pawnbroker’s license 1179 Sign plumber’s license 1181 Approve bond of second-hand dealer 1229 Sign license of second-hand dealer 1230 Issue notice of election to grant franchise 1354 President of Excise Board 26 MAYOR — Powers and lyvTms,— {Statutory Provisions ) — Election of 26 Bond of. 274 INDEX. 753 MAYOR — Powers and Duties — {Statutory Provisions ) — Concluded. paragraph Term of office 26 Salary 30 See also 274 Vacancy, how filled 36 President of Council may act as 137, 319 Member of Excise Board 26 President Board of Hospital Commissioners 140 Appoint Police Judge 189 Special meeting of Council 29 Shall preside at Council meetings 33 See also 314 Vote in case of tie 33 Casting vote 33 See also 314 Superintend all officers of city 33 See also 312 Enforce ordinances and statutes 33 See also 311 Sign commissions and appointments 33 See also 312 Sign or veto ordinances 34 Sign or veto resolutions 34 Neglect to sign bill, resolutions, etc 34 Inform Council of condition of city 35 Compel inhabitants to enforce law 36 May require aid 36 See also 315 To remit fines 37 Reprieve and pardon 37 Require officers to exhibit books, etc 45 Require officers to report in writing 45 Have care of streets, etc 47 Sign warrants 57 Proclamation of ordinance 61 To convey cemetery lots 133 MEAT MARKET— When to be kept open 1374 MIDLAND PACIFIC RY. CO. FRANCHISES— See “Railroads.” MISSOURI PACIFIC RY. CO. FRANCHISES. See “ Railroads.” 754 INDEX MISDEiVlEANORS-MISCELLANEOUS PRACTICES— FAKAfJRAPH Authority to punish 117-120 Violation of. Addition ordinances 559 Amusement ordinance 572, 573, 575-577 Areaway ordinance 589 Auctioneer ordinance 594-596, 602 Barbed wire ordinance 605 Billiard ordinance 610 Birth ordinance 613 Bread ordinance 617 Building permit ordinance 620 Buildings ordinance 740 Burial ordinance 743 Coach, cab, and cart ordinance 778 Concealed weapon ordinance 785 Death ordinance 792 Dog ordinance 803 Election ordinance 819, 821, 822, 827, 835 Electric light property ordinance 842 Express company ordinance..... 847 Fire ordinance 849-880 Fire-arms ordinance 881-887 Fire Department ordinance 629, 890-898 Fire escape ordinance 902, 909 Flower-pot ordinance 913 Funeral train ordinance 916 Gaming ordinance 917-911 Gas and electric light property ordinance 923 Gas main ordinance 928 Health ordinance 1056 Horse ordinance 1057-1063 Hotel runner ordinance 1070 Houses ill-fame ordinance 1140, 1072-1075 Ice ordinance 1080 Intelligence office ordinance 1085 Lamp ordinance 1091, 1286 Library ordinance 1097 License ordinance 1113 Oil ordinance 1161 Pawnbroker ordinance 1179 Plumber ordinance 1183 Pound ordinance 1205 Railroad ordinance 1215 Resident merchant ordinance 1219 Index. 755 MISDEMEANORS— MISCELLANEOUS PRACTICES— Continued. paragraph Scavenger ordinance 1226 Second-hand dealer’s ordinance 1234 Sewers and drain ordinance 1242 Sidewalk ordinance 1297 Stationary engineer ordinance 1308 Steam carousal ordinance 1315 Steam engine ordinance 1318 Street ordinance 1326-1351 Street railroad ordinance 1372 Sunday ordinance 1375 Telegraph and telephone ordinance 1390 Vagrant ordinance 1140 Water ordinance 1412-1428 Weights and measures ordinance 1448 Miscellaneous Ordinance having no penalty attached 1167 Using loud, obscene, or indecent language 1114 Disorderly conduct 1115 Disturbing religious worship 1116 Obstructing sidewalk 1117 Sparring matches, prize fights, etc 1118 Wearing policeman’s star or badge 1119 Wearing garb of opposite sex 1120 Indecent exposure 1121 Indecent publication or play 1121 Dog fights, etc 1122 Erecting awning contrary to ordinance 1285 Structures, dangerous condition of. 1123 Destroying property of another 1124 Drunkenness 1125 Depositing filth on premises of another 1126 Hitching animals to trees 1127 Weeds growing on lot 1128 Peddler occupying sidewalk 1129 Possession of burglar’s tools unlawful 1130 Defacing fencing, signs, awnings, etc 1131 Obstructing water in sewer, etc 1132 Throwing refuse on street 1133 Throwing rind or peel on sidewalk 1134 Defacing public buildings, etc 1135 Bill posting 1136 Corner loafers 1137 Disturbing corner stakes or marks 1138 756 INDPLX. M 1 SDEM EA NOKS— M LSiiELLANEOUS PRACTICES— Concluded. paragkaph Tearing up curbs or gutters 1139 Destroying city property 1139 Vagrants 1140 Peddling medicine prohibited 1141 Exhibiting stud-horse or bull 11 12 Abusing animals 1143 Exhibiting deformity 1144 Selling tobacco to minors 1145 Opium joints 1146 Permitting bear or other dangerous animals 1147 Fruit or book stands 1148 Driving sleighs without bells 1149 Receiving stolen goods 1150 Penalty for violations 1151 NEBRASKA TELEPHONE CO.— Franchise 1675, 1679' NORTH LINCOLN STREET RAILWAY CO.— Franchise 1666 NUISANCE— Authority to prevent 121 To prescribe rule^ for prevention 130 Lot owner to fill lot 1152 Street Commissioner to fill after ten days 1154 Cost, assessed against lots 1157, 1158 Notice 1159 OFFICERS— Qualifica ions, electors 32 Not eligible after resignation or vacating 30 Elective, list of. 26 Same 261 Failure to qualify 28 Appointive, list of. 27 Same 262 How appointed by Mayor 27 Same 262-272 Commission of. 33 Confirmation of 27 Same 263 Term of office 263 Same 289 Removal of 27 INDEX. 757 OFFICERS — Concluded. • pauagkapii Same 203 Salaries 30, 281 Power to contract 58 No pay other than salary 59 Deputy Treasurer, appointment 268 Clerks and assistants 270 Not accepted as surety on bond 107, 282 Leave of absence 284 Deliver books, etc., to successor 285 Submit books to inspection 286 Dealing in warrants prohibited 287 Retaining money prohibited 288 Reports of fees 291 Same 108 Required to give bond 107 Vacancies, how filled 105, 309 Violations of provisions 292 Vacating, absence 30 Contracts with city prohibited 59 Same 233 Violations, penalty 233 Authority to fix salaries 106 How paid 281 How fixed 30 Amount of 281 Forfeiture of. 284 Same 30 Cannot be changed during term 30 Payment of more than, prohibited 59 Exception 59 No lien on moneys collected 288 Fees 290 Penalty for buying of others than contractor 156 OFFICERS, REMOVAL OF— Authority for 105 Causes for 293 Complaints for 279, 294 Procedure 295-309 OFFICIAL OATHS AND BONDS— Oath, form of 273 Filing of 273 When filed 277 Amount of, and conditions 274 ?58 INDEX. OFFICIAL OATHS AND BON DH— Concluded. I'ARAGKAPH Same, for Treasurer 275 Same, for Councilmeu 276 To whom given 277 Justification of sureties 278 Custodian of. 279 New bond 279 Bonds of, statutory provisions 107 Same 197-209 Water Commissioner’s bond 163 Surety, other than city officer 282 OILS— Amount of, dealer may keep on hand 1160 Penalty for violation 1161 Second offense 1162 O. & R. V. RY. CO. FRANCHISES— See “Railroads.” ORDINANCES— Style of. 61 Subject expressed in title 56 Amendments and repeal 56 Read three times 56 Passage of 60 Yea and nay vote 46 Publication of. 60 Same 61 Proof of publication 383, 1163 Take effect, when 61 Delivered by Clerk to Mayor 388 Veto 34 Passing over veto 34 Signed or vetoed by Mayor 34 Neglect of Mayor to sign or veto 34 Originals preserved by Clerk 38 Same 381 Copies preserved 383 Certified copies of. 389 Courts take judicial notice of ordinances, when 173 Evidence in court 60 Authority to punish for breach of 116 Appropriation of money, majority 56 For collection of taxes 70 Power to act by 80 Recorded by Clerk 1163 INDEX. 759 ORDINANCES — Concluded. paragraph Offenses created under different clauses 1164 Repealing clanses, saving provisions 1165 Construction of singular and plural number 1166 Penalty when not named in special section 1167 Revision of. 1?>8 Books of revised, to be deposited with Clerk 1168 Mayor may present copies of. 1169 PACIFIC TELEGRAPH COMPANY- Franchise 1677 PARDONING POWERS— Where vested 37 PARKS— Control of 84 Authority to buy and maintain 99 Same, limitation of expenditures 99 Bonds for 159 PATROL WAGON— Fee for use of. 181 PAVING— General provisions for 144 Special assessment 144 Petition for 144 Districts 144 Intersections 144 Street railroad 144 Bonds for 144 Contracts for 145 Street intersections 146 Refusal street railway to pave 154 PAWNBROKERS— Power to license 87 Defined 1170 Unlawful to do business as, without license 1171 Bond 1172 License, how issued 1173 Enter loans, etc., in book 1174 Furnish copy of book to Marshal each day 1175 Pledges not to be redeemed within twenty-four hours 1176 Sunday not included 1177 Not to receive pledges from minors 1178 Not to receive pledges from intoxicated persons 1178 Penalty for violation 1179 760 INDEX. PEDDLERS— Defined License of. PAKAGKAPH 1098 1098 PENALTY— Delinquent special tax 75 Violation of license 123 Authority to enforce 136 To whom paid 175 PLUMBERS— Obtain license 1180 Application for 1181 Bond 1182 Fee for 1182 Duration of 1182 Forfeiture of. 1183 To obtain permit for use of water before tapping main 1184 Kind and size of lead pipe to be used 1185 Stop-cocks 1186 Same 1188 Excavations in streets, permits for, etc.. 1187 Work of, subject to inspection of Water Commissioner 1188 Attachments for water supply, how made 1189 Faucets, sink fixtures, etc., kind of. 1190 Report of Water Commissioner 1191 Price of attachments and corporation cocks 1192 Application for permits, approval of Water Commissioner 1193 Size of trap in dwelling houses 1193 Attachments to water pipes to be under supervision of Water Com- missioner 1 194 Where pipe may be tapped 1194 Improper work to be corrected 1195 Permits for repairs 1196 Must report repairs within forty-eight hours .. 1196 Not to turn water off or on 1196 POLICE AND POLICEMEN— Organization of department 465 Appointment and removal 27, 166 Salary 30 Same 281 Qualifications 476 Duties of. 477, 484 Same 43 Same, in case of accidents 550 Same, respecting theaters 582 INDEX. 761 POLICE AND POLICEMEN— Cowc/Mrfef?. paragraph Removal of 485 Property seized by, disposition of 489 Firemen, exercise power of 465, 492, 503 Captain of 474 Salary of. 281 Same 30 Sergeant of 475 Fund, limitation of taxes for 62 Limitation of number 27, 166 Salary of 281 Settle disputes as to hack fare 761 Remove drunken hack driver 773 Arrest persons carrying concealed weapons 784 Seizing gunpowder 875 Enforce ordinance relating to fire-works 889 Unlawful wearing of star or badge of 1119 Notify owners of defects in sidewalk 1293 Remove incumbrances in street 1325 Special 27 POLICE JUDGE AND COURT— Constitutional provision for 2 Same 3 Election of. 26 Same 818 Term of office 26 Vacancy, filling same 189 Reports of 175 Same, failure to make 175 Compensation 31 Jurisdiction 170 Same 400 Same, proceedings in case exceeding 178 Jurisdiction, library matters 249 Powers of. 171 Change of venue 180 Proceedings by, general provisions 183 Same 402 Court, sessions of 401 Same 171 Security for costs 403 Fees, accounts of 31 Fees, criminal cases 404 Fees, disposition of 405 762 INDEX. POLICE JUDGE AND COUIiT— PARAGRAPH Fees, jury 180 Fines, disposition of 175 Fees of witnesses 179 Appeal from 172 Error from 17.1 Bill of exceptions 173 Warrant, issuance 174 Immediate trial by 176 Continuance 177 Recognizance on continuance 177 Recognizance, breach of 178 Witnesses 179 Same 185 Same, enforce attendance 179 Trial, by court 180 Trial, by jury 180 Same 186 Same, selecting jury 180 Jury trial, challenges 186 Judgment, on conviction 181 Same, on confession 181 Sureties for judgment 181 Sureties, execution against 181 Punishment by 187 POLICE MATRON— Authority for appointment 191 Salary 191 POLLS— When opened 25 POLL TAX— Exemption from 236 POUND— Power to establish 125 Power to provide 126 Poundmaster, appointment of 1198 Bond of. 1198 Authority of. 1198 Fees for impounding 1198 Impounding animals 1199 Record of. 1200 Notice to owner 1201 Sale of animals 1201 JNDEX. 763 POUND — Concluded . paraciij’.aph Disposition of surplus from sale 1202 Report of poundrnaster 1203 Penalty for violations 1204 Same 1205 POWERS OF CITY— To sue and be sued 22 To purchase and hold real and personal property for the use of the city and real estate sold for taxes 22 To sell and convey any real or personal estate owned by the city, and make any such order respecting the same as may be condu- cive to the interests of the city 22 To make contracts and all other acts necessary to exercise of corpo- rate power 22 To exercise all powers conferred by law 22 How exercised 22 I. To levy taxes, general 81 II. To levy special taxes 82 III. To grade streets, etc 83 IV. To open and improve streets 84 V. To sprinkle streets with water 85 VI. To set aside apace for sidewalk, and regulate and compel walks to be built. 86 VII. To impose license tax 87 VIII. To tax and control dogs 88 IX. To regulate building areaways, etc 89 X. To compel persons to fasten their horses 90 XI. To regulate use of streets 91 XII. To prevent encroachments on streets, sidewalks, etc 92 XIII. To contract for the erection of gas-works, etc 93 XIV. To provide for lighting of streets, etc 94 XV. To regulate levee, depots, passage of railroads, etc 95 XVI. To regulate crossing of railroad tracks, running railway en- gines, etc 96 XVII. To exercise the power of eminent domain 97 XVIII. To establish and maintain public libraries 98 XIX. To purchase and improve public parks 99 XX. To borrow money and pledge credit, etc 100 XXL To provide for and issue funding bonds 101 XXII. To provide for a sinking fund 102 XXIII. To divide the city into wards 103 XXIV. To provide for the registration of voters 104 XXV. To provide for removal of officers of city 105 XXVI. To prescribe powers, duties, etc., of city officers 106 764 INDEX. POWERS OF CITY — Concluded. paragraph XXVII. To require officers, etc., to give bonds 107 XXVIII. To require reports from officers 108 XXIX. To take the census 109 XXX. To purchase and own ground for a market house 110 XXXI. To fix rate of water-tax Ill XXXII. To regulate water-course, establish public wells, etc 112 XXXIII. To organize and maintain a fire department, etc 113 XXXIV. To establish standard weights and measures 114 XXXV. To provide for an inspection of weight of coal, etc 115 XXXVI. To punish breach of any ordinance 116 XXXVII. To prevent miscellaneous crimes 117 XXXVIII. To prevent and restrain riot, etc 118 XXXIX. To punish disorderly conduct 119 XL. To punish vagrants, etc 120 XLI. To require all lots drained and filled 121 XLII. To remove dead carcasses : 122 XLIII. To regulate and license halls, etc 123 XLIV. To prescribe rules for erection of buildings 124 XLV. To regulate and prohibit cattle running at large, etc 125 XLVI. To erect a pound 126 XliVII. To regulate and license auctions 127 XLVIII. To prevent diseases 128 XLIX. To erect jail, station house, etc 129 L. To make regulations to secure general health 130 LI. To purchase and own land for cemetery, hospital, and water- works 131 LII. To ornament and improve cemetery grounds 132 LIII. To convey cemetery lots to purchasers 133 LIV. To limit number of cemetery lots owned by one person 134 LV. To pass rules and ordinances governing cemetery, etc 135 LVI. To conserve the general welfare 136 LVII. To elect a President of the Council 137 LVIII. To provide for revision of ordinances 138 LIX. To purchase ground for hospital 139 LX. To provide for control of hospital 140 LXI. When board shall hold meetings 141 LXII. Board to establish rules 142 LXIII. To enter into agreement with charitable societies for man- agement of hospital, etc 143 PRECINCTS— How formed 24, 828 PRESIDENT OF COUNCIL— Shall preside, when ,...36, 319 Authority to elect, and duties of. 137, 319 INDEX. 765 PRINTING- PAHAGHAPM Compensation for 168 How let 1376-1380 PRISONERS— Working same 188 Fees allowed for working... 188 Discharge of. 182 PROCESS— Service of. 20 PUBLIC MONEY- Di version of. 50 Same, special funds 57 Must remain in custody of Treasurer 78 Penalty for violation 78 To be paid in warrants 59 Authority to borrow 100 PUNISHMENT— Autority to impose 116, 119, 187 QUARANTINE— Appropriation 55 By Board of Health 1012 RAILROADS— Power to regulate 95, 96 May be compelled to build viaducts 83, 192, 193 Statutory provisions 226-230 Speed of trains through city 1206 Bell, ringing same 1207 Obstruction of streets by cars, etc 1208 Flying switches prohibited 1210 Lamps at certain street crossings — 1211 Flagmen, where stationed 1214 Penalty for violations 1215 Bonds in aid of 1559-1563 Right of way of A. & N., vacating 1595 Same, on Seventh street, between O and S 1596 Same, on Seventh street, between O and N 1597 Same, on Sixth street 1598 Same, on Seventh street 1606 Same 1616 Bellevue, Ashland & Lincoln Railroad, repealing 1607 766 INDEX. RAILROADS — Continued. PARAGRAPH Right of Way of B. & M— Ordinance modifying grant 1605 On Seventh street, between P and Q 1608 On Eighth and N 1609 On Fifth and U 1610 On Sixth and Seventh 1611 On Fifth 1612 On Seventh 1617 On L, M, and N 1618 On Eighth, between O and P 1620 On Sixth 1627 Right of Way of C., B. & Q. — On Sixth 1619 Same 1627 Same on Q street 1628 On alley and Eighth street 1632 On N street 1637 Side track on Seventh street 1638 South half Y street 1639 Right of Way of C., R. I. & P.— Eighteenth and R street addition 1633 Territory between Seventeenth and Eighteenth streets 1634 Vine, Y, North and Eighteenth streets 1635 From Twenty-seventh to R street 1636 Salsbury addition 1640 Along line as surveyed 1641 From L street to city limits 1642 Viaduct North and Eighteenth streets 1643 Young’s addition and Houtz Place 1645 X street 1647 Right of Way of F., E. & M. V.— Over blocks 18, 9, and 6 1622 On Y street 1629 On X street 1644 Right of Way of L. & N. W. — Certain streets and alleys 1621 Eighth street, north of R 1624 Right of Way of Midland Pacific— Repealing 1601 On Eighth street 1602 Same 1603 Same on Third, Fourth, and Fifth .streets 1604 Ordinance modifying grant 1605 indp:x. 767 K A 1 1. RO A DS— Co n eluded. PARAGKAI’II J^iGHT OF Way of Missouiu Pacific— Certain streets and alleys 1621 On T, U, and V streets 1622 On W street 1623 On Ninth street 1625 On Tenth street 1626 Right OF Way of O. & R. V. Co. — Certain streets 1613 Same 1614 Same 1615 Buckstafif, permission to maintain track on Eighth street 1630 Bridge across Salt creek 1648 REAL ESTATE— Delinquent tax list 72 Same, sale 72 Sale of, for tax not affected by irregularity 74 REAL ESTATE BROKERS AND AGENTS— Power to tax 87 REGISTRATION— Authority to provide for 104, 804 Special elections 824 REMOVAL OF OFFICERS— See “Officers.” REPORTS REQUIRED— Authority to require 108 By Clerk— Monthly, of warrants issued 38 Monthly, of condition of funds 38 Annual, of bonds sold 38 Regarding impounded animals 1203 By Treasurer — Monthly, on state of treasury 39 Same 397 Annual 79 On delinquent officials 396 On dog tax 801 By Mayor and Council— Publish financial statement 156 By Engineer — On acceptan( e of work 152 On request of Council 422 Encroachment on public ground 420 7(58 INDEX. liIjl*OKT.S K l'..QIJl liiiD — (Joncludcd. PAKAGiiArii By Police Judge— Monthly list of cases 175 Monthly fines and costs 175 By Board Stationary Engineers — Monthly to Council 1310 T ) Treasurer 1300 By Water Commissioner— Quarterly, on condition of water sy stem 164 Same, itemized statement of receipts and expenditures 1404 By Street Commissioner — Weekly, as to employees 425 To City Attorney, when accident occurs 426 By Sidewalk Inspector- To City Attorney, when accident occurs 430 As to cost of building sidewalks 429 Report notices to build sidewalks 429 Weekly as to transactions of office 429 Service of notices to build 1292 By Chief of Fire Department — Semi-annual 496 On damage to building by fire 629 Of arbitrators on damage by fire 623, 624 By City Attorney — Annual 449 By City Physician — Monthly 464 Regarding deaths 791 By Library Board — Annual 247 Organization 1 096 By Board of Public Works — On Engineer’s estimate 152 On employment of inspectors.. 416 By Health Officer — Monthly, on condition of office 460 By Plumbers— To Water Commissioner 1191 Same 1196 By All Officers — On request of JVIayor 291 RESIDENT MERCHANT— Defined 1216 INDEX. 769 KESIDENT MERCHANT— pakac S hall not sell or solicit except in regular place of business without license 1217 License for peddling 1218 Not applicable to hawkers and peddlers 1219 Penalty for violations 1219 RIGHTS OF PROPERTY— Preserved 21 Transferred 21 RIOTS— Authority to restrain 118 Punishment 1115 ROAD TAXES— Especially appropriated 53 Expenditure of 62 To whom paid 76 How expended 76 RULES— Of Excise Board 1720 SALARIES— Officers 30 Ordinance fixing 281 SCAVENGERS— Authority to license and regulate 87 License 1220, 1225 Bond for 1220 How work shall be done 1221 Storage of implements used by 1222 Work must be done at night 1223 Same 1224 Contents of vault not deposited within city 1223 Inspection of wagons, etc 1224 Post number on wagons, etc 1224 Fees 1225 Penalty for violation 1226 SEAL— Description of 391 Custodian of 1227 SEAT OF GOVERNMENT— Location of 253-257 34 770 INDEX. SECOND-HAND DEALERS— paragraph Power to license and regulate 87, 136 License 1228 Bond 1229 Fee for license 1230 Application for license 1230 Keep record of goods purchased 1231 Book to be open to Mayor, police, etc 1231 Report purchases and pledges each day 1232 To give notice of advertised goods 1233 Penalty for violation 1234 SEWERS AND DRAINS— Construction of 83 Power to provide system 147 Districts 147 Special tax for 148 Special assessment for 148 Petition for sewerage 148 Bonds for 159 Tax for 165 Contracts for 409 Specifications 409 Placing rubbish in, penalty 880 Connections with must accord with rules and regulations of council, 1235 Same 1240 Cannot be opened or connected with, without permit 1236 Application for permit 1237 Bond for 1237 Excavations for sewer pipe, permit 1238 Permits, issued by City Engineer 1239 Applications for 1240 Record of 1240 Forfeiture of 1240 Plumber responsible for damages to streets 1241 Penalty for violations 1242 Inspectors, appointment of 1243 Rules and regulations governing use of sewers 1244-1264 Rules to be posted in shop 1265 SIDEWALKS— Authority to reserve space for 86 Assess cost of construction 86 Erection of 86 Brought to grade 86 INDEX. 771 SIDEWALKS — Continued. paragraph Authority to regulate 86 Contracts for 86 Notice to lot owner 86 Liability of lot owner 86 Obstructions 89 Encroachments on 92 Inspector of. 428 Defective, repaired by city 428 Notice defect in 428 Service of notices 429 Use of, for storing building material 618 Obstructing 1117 Dangerous condition of, prohibited 1123 Fruit or book stands on 1148 Occupation of, by peddler prohibited 1129 Reservation of space for 1267 Width of, on business streets 1268 Material for construction 1268 To incline upward 1269 Regulations governing, on residence streets 1269 Brought to established grade 1270 Resolution and notice for building 1271 City may build 1272 Dilapidated wooden sidewalks declared a nuisance 1273 Permits to use space under 1274 Amount of space under, to be used 1275 Entrances and openings in 1276 How openings in, shall be constructed 1277 Boilers, furnaces, explosives, etc., not permitted under 1278 Openings not to be left open or broken 1279 No smooth glass in, permitted 1280 Must be kept at grade 1280 Clean snow and ice from 1281 Keep free from incumbrances, filth, etc 1281 Unlawful to tear up or remove 1282 Unlawful to hitch animal so as to obstruct 1283 Riding or driving on 1284 Awnings on 1285 Injury to, or lamp posts 1286 Permitting riding or driving on ... 1287 Permitting merchandise to remain on 1288 Riding bicycles or velocipedes upon .. 1289 Occupying more than five feet for displaying goods 1290 Porches, outside stairways, etc., no more than three feet 1290 772 INDEX. SI DKW ATjKS — Concluded. paragraph Penalty for violation 1290 Crossings, authority for 1291 Record of notices served regarding 1292 Policemen to notify owners of defects in 1293 Shade trees, where planted 1294 Cultivation of trees 1295 Horses, cattle, etc., not allowed on space reserved for 1296 Penalty for violation 1296 Penalty for violating article 1297 Telephone or telegraph poles not to be placed in 1386 Telephone or telegraph companies liable for damages to 1387 See “Inspector of Sidewalks — Inspector.” SIGNS— Of what material 1266 Height from ground 1266 SINKING FUND— Provided for in annual appropriation 55 Authority to provide 102 Water rents placed in 165 Taxes for, how payable 167 How invested 167 SPECIAL ASSESSMENTS— Remain special fund 51 Warrants 57 Duties of Board of Equalization 63 Lien on real estate 63 How paid 71 When delinquent 75 Same 144 Interest on, when delinquent 75 Authority for levying 82 For viaducts ! 83 For street sprinkling .• 85 For sidewalks 86 For lighting railways 96 For filling lots 121 For paving 144 For intersections 146 For sewer 148 Re-assessment 148 Distress warrant 150 For paving for street railway 154 INDEX. 773 SPECIAL ASSESSMENTS— Cone/«« paragraph Limitations on, for paving 144 Errors in, how corrected 144 How determined 144 For improving streets 146 How levied 149 Same 151 STANDARD STREET RAILWAY CO.— Franchise 1662, 1668 STATIONARY ENGINES— Board of 1298 Qualification 1299 Account to treasurer 1300 Duties of 1301, 1305 Fee for examination 1302 Rules 1303 Post certificate 1304 Salary 1309 Report to Council 1310 Penalties for violation 1305, 1307, 1308 STEAM CAROUSALS— License and consent of property holders 1311 Penally for violation 1315 STEAM ENGINES— When used within fire limits 1316 Permits for 1317 Application for 1317 Violation of article, penalty 1318 STREET COMMISSIONER— Appointment of 27 Same 263 Confirmation of 27 Salary of. 30 Term of office 263 Powers of 44 Duties of 423 Same 425 Same respecting railroad crossings 424 Same respecting street railways 424 Assistants 425 Record of assistants 425 Report of pay-roll to Council 425 774 INDEX. STREET COMMISSIONER paragraph Examine place of accident 426 Report to City Attorney 426 Act as Sidewalk Inspector 427 Serve notice to remove barbed wire fence 605 Supervision of electric light wires 841 May remove incumbrances in street 1325 STREET RAILROADS— Constitutional restriction 10 Defined 153 Paving between rails 144, 153, 13726 Refusal to pave 154 Unlawful to move building along or across track 1342 Filing map of proposed line 1352 Calling election for grant of franchise 1353 Notice of election 1354 Holding elections, canvass of vote 1355 Expense of election 1356 Gauge of track 1357 Operation of. 1357 Conform to grade of streets 1358 Conditions under which track may be placed on paved street 1372a Track placed in middle of street 1359 Not more than two tracks on street 1359 Turnout or switch not allowed on street with two tracks 1360 Taking up track 1361 Use of same track by different lines 1362 Use of streets, including bridges 1363 Side tracks and switches 1363 Regulations governing operation of 1364 Right of way on tracks 1365 Same 1366 Fare 1367 Sale of tickets 1368 Minor not to get off car in motion 1369 Fare must-be paid 1370 Limitations of article 1371 Penalty for violation of 1372 STREETS— Power to lay out 17 Authority to compel owners of additions to conform to width of... 17 Same 19 Under charge of Street Commissioner 44 Authority to name, vacate, etc 84 TNDEX. 775 STREETS — Continued, paragraph Authority to regulate use of 91 Authority to sprinkle with water 85 Grade, improve, repair, etc 83 Authority to improve 144 Special tax for improving 14G Authority to provide for lighting 93 Survey of. 419 Intrusions on, reported by City Engineer 420 Works supervised by City Engineer 421 Permits to work in 421 Earth and pavement removed from 421 Supervision of, by Street Commissioners 423 Care of, by Mayor and Council 47 Prevent misuse of 92 Obstruction of. 89 Railways in 96 Eminent domain 97 Use by railways 153 Authority to punish indecencies upon 119 Use of, for storing building material 618 In additions must conform 554 Fire, how carried through 854 Street signs, penalty for breaking or carrying away 1090 Street railroads to conform to grade of 1358 Conditions under which track may be placed on paved street 1372a Obstruction of, by crowd 1129 Hay, etc., not to be thrown 1133 Banana peel not to be thrown 1134 Obstruction by cars 1208 Names of. 1319 Numbering buildings 1320 Method of numbering 1321 Size of numbers 1322 When to be placed on building 1323 City Council may place number when owner refuses 1324 Must be kept free from incumbrances 1325 Building not be erected in 1326 Buildings erected in streets to be removed 1327 Same 1328 Rubbish, stone, mortar, etc., to be hauled in tight box 1329 Dressing stone or building material in, prohibited 1330 Cattle driven through, regulations 1331 Names of, placed on street corners 1332 Playing ball in, prohibited 1332 77 () INDEX. ST E EETS — Concluded. Excavations in, consent of Council Tamping excavations Driving across curbing Use of, by auctioneers or peddlers Curb lines Refuse matter in, unlawful Use of, during erection of buildings Scales in street Moving buildings in, permits Penalty for violation of. Application for permit Bond for Unlawful to move building across street railway track. Sewer pipes in paving districts Open, widen, and improve Condemn land for Proceedings to condemn Same Fee of appraisers Grade or repair of Same, two-thirds vote for Excavations in, permit Same, barricades, lights, etc Penalty for violations PARAGEAPH : 1313 1334 1335 1336 1337 1133, 1134, 1338 1338 1339 1340 1341 1341 1341 1342 1343 1344 1345 1346 1347 1348 1349 1349 1350 1350 1351 SUNDAY— Violations of 1373 Same 1374 Penalty for violations 1375 SUPPLIES— CITY PRINTING- HOW let 1376-1380 Bond 1378 Job printing, how let 1379 Papers to be furnished officers 1380 Not to exceed 168 SUPPLIES FOR CITY GOVERNMENT— Charter provisions 156 Advertisement for 1381 Bids for 1382 Bond for bid 1383 Estimates and lists to be furnished Clerk 1384 Contracts for furnishing 1385 INDEX. 777 SURPLUS- PAKAGKAPH Of funds may be transferred 50 Same 51 Water rents, applied 105 TAXES— Municipal property exempt 5 Levy of. 62 Limitations 62 Board of Equalization 63 List, correction 64 Delinquent 65 Interest on 65 Demand unnecessary 65 Distress warrants 66 Same 67 Fees for collecting 68 How collected 69 Ordinances for collection of, 70 Coupons of bonds accepted for 71 How paid 71 Lands sold for 72 Lien on real estate 73 Lieu of, how governed 73 Irregularities do not invalidate 74 General provisions 75 Kelevy 75 Authority to levy general 81 Authority to levy special 82 License 87 Water Ill Limitations on, for bonds 162 For sinking fund, how payable 165 Limitations on 217 Same 220 For internal improvements 232 Insurance companies 237 TELEGRAPHS AND TELEPHONES— See Fkanchises.” Authority to regulate 94 Tax or license 1098, 1393 Poles not placed in sidewalks 1386 Poles placed in streets 1387 Poles placed as directed by Mayor or Council 1388 Penally for violation 1388 778 INDEX. TELEGRAPHS AND TELEPHONES— ConcZwdef/. paragraph Companies liable for damage to sidewalk, curbing, area wall, etc... 13«9 Penalty for violation 1390 Tax required of telegraph company 1391 Penalty for non-payment 1392 Tax required of telephone company 1393 Disposition of tax 1393 THEATERS— See “Buildings,” “Amusements,” “License.” TREASURER— Election of 26 Same 261 Term of office 26 Salary 30 Same 281 Vacancy in office of 39 Declared vacant, how. 39 Deputy 39 Same 399 Duties of Deputy 399 Bond of. 39 Amount of 275 Custodian of corporation money ... 39 Keep each fund account separate 39 Give receipt 39 File copies of receipts 39 Reports 39 File vouchers 39 Deputy 39 Deputy, appointment 268 Hold special assessment as special fund 51 Correct errors of names in tax list 64 Report lands omitted from tax lists 64 Make out delinquent tax list 65-72 Collect delinquent tax 65 Form of tax warrant 66 When levy on personalty 67 Fines paid to 175 Levy distress warrant 66, 67 Same 144 General authority 68 Fees for collecting taxes 68 Deliver delinquent tax list to County Treasurer 72 Notify County Treasurer of payment 72 INDEX. 779 TREASURER — Concluded. paragraph Receive nil money belonging to city 77 Keep daily cash book 77 Other books 77 Books subject to inspection 77 Retain all moneys in his keepi' g 78 Penalty for violation 78 Report annually 79 Report when required 79 Keep a register of warrants 79 Give notice of special assessments 150 Books of account of 393 Same 77 Separate accounts 394 Cancel bonds, warrants, etc 395 Deliver tax receipts, etc 396 Report delinquent officers 396 Monthly report of. 397 Deliver canceled indebtedness to Clerk 398 Place pound fees in special police fund 801 Report same to Council monthly 801 UNION SQUARE— Location of .. 260 VACANCY— See different officers. VAGRANTS— Authority to arrest and punish 118, 120 Ordinance 1140 VENUE— Change of 180 VETO— Authority to 34 Pa sing over 34 VIADUCT— General provisions 83, 192, 193 O street viaduct ordered 1709 Ordinance calling election 1712 Ninth street viaduct ordered .. 1713 VOTE— Yea and nay, to confirm 27 On contract 46 On street grading 83 On sidewalk assessment 86 780 INDEX. WARDS PARAOKAPH Division of city into 16 Number of, and of election districts 23 Authority to divide city into 103 Division of city into 1394 First veard 1394 Second ward 1395 Third ward 1396 Fourth ward 1397 Fifth ward 1398 Sixth ward 1399 Seventh ward 1400 Lines extend to center of street 1401 WARRANTS— Clerk to keep record of 38 Not to issue in case of appeal 49 Not drawn unless fund appropriated 55 Not to exceed ninety per cent of fund 57 Exceptions 57 By whom signed 57 What must state..... 57 Accepted for taxes, when 71 Treasurer to keep register of. 79 Interest on 225 By whom drawn 380 Form tax warrant 66 Efifect of 67 WATER COMMISSIONER— Election of 26 Same 163 Same 261 Term of office 261 Salary 30 Same 281 Bond of, and appointment 163 Same 274 Councilmen ineligible 163 Duties 164 Same 1402 Same 1411 Collect water rents 1402 Disposition of same 1402 Receipts therefor 1402 Reports to Council 1404 INDEX. 781 WATER COMMISSIONER — Concluded. pakagrapii Same 1405 Control of department employees 1406 Estimates for department 1407 Purchase supplies, when 1408 Employ laborers, when 1408 Supervise laying mains 1409 Supervise connections 1409 Fix price for water, when 1410 Inspect plumbing 1188 Control of water-works 1402 Receive and account for moneys 1403 Report to Council 1404 Control of employees 1406 Submit estimate 1407 WATER RATES AND RULES— Authority to fix Ill Disposition of money realized 165 Table of rates 1435 Persons other than owner of building or occupants not to be sup- plied 1412 Failure of one of two persons using, to pay 1413 Permit for additions or change of pipes, etc 1414 Owner must keep service pipes, etc., iu repair 1415 Water not to be left running 1416 Applications for water 1417 Free access of employees of Water Department 1418 Water meter, right of city to set 1436 Sprinkling permits 1428-1433 City may stop water without notice 1419 May shut off water in mains for repairs, etc 1420 Unauthorized taking of water prohibited 1421 Each house on lot to pay rates 1421 Interfering with apparatus prohibited 1422 Size of hose used in sprinkling 1428 Waste of water prohibited 1430, 1431 Penalty for 1430, 1431 When rates to be paid 1434 No reduction on account of wells, etc 1425 Rates based on water used on premises 1426 Public buildings defined 1427 Public closets defined 1427 Penalties for violations 1423 Unlawful to. take water from hydrant during fire., 1432 782 INDEX. WATER RATES AND R\J LES— Concluded. I'AKAUKAHH Penalty for violation 1432 Size of nozzle of sprinkler 1428 Unlawful to leave nozzle, etc., open 1431 Rights reserved 1436, 1442 Rents lien on property 1441 WATER-WORKS— Construction of 1558 Charter provisions 131, 159, 160, 165 Under control of Water Commissioner 1402 See “Water Commissioner,” “Water Rates and Rules.” WEIGHTS AND MEASURES— Authority to establish standards for 114 Standards of state adopted 1443 Contracts refer to 1443 Bushel by weight 1444 Public scales, license for 1445 Weighmaster’s register, certificates, etc 1446 Testing public scales 1447 Penalty for violation 1448 WRIT OF ERROR— From Police Judge 173 YEA AND NAY VOTE— Confirmation officers 27 Called on ordinances 46 Called on contracts 46 ERRATA. Par. 850, on page 232, should read Par. 859. Par. 1334, on page 371, should read Par. 1344.