section in relation to the plats of cities and villages, and so forth, shall govern as to the tracts and parcels of land in this section referred to. 1466 SEC. 115. [Existing plats.] None of the provisions of this chapter shall be construed to require replatting in any case where plats have been made and recorded in pursuance to any law heretofore in force; and all plats heretofore filed for record, and not subsequently vacated, are hereby declared valid, notwithstanding irregularities and omissions in manner or form of acknowledgment or certificate; but the provisions of this section shall not affect any action or proceeding now pending. 1467 SEC. 116. [Penalty.] Any person who shall dispose of, or offer for sale, or lease any lots in any town, or addition to any town or city, until the plat thereof has been duly acknowledged and recorded as provided in this chapter, shall forfeit and pay fifty dollars for each lot and part of lot sold or disposed of, leased, or offered for sale. 1468 SEC. 117. [Acts repealed.] "An act to incorporate cities of the second class and to define their powers," approved March 1, 1871, and all acts amendatory thereof or supplemental thereto; "An act to provide the manner of collecting taxes in cities of the second class and define their powers of certain officers," approved June 6, 1871; "An act relating to incorporated towns and villages," approved February 27, 1873; "An act to provide a uniform method of platting and dedicating town sites," approved February 25, 1875, and all acts and parts of acts inconsistent with the provisons of this act are hereby repealed. 1469 SEC. 118. [Act took effect Sept. 1, 1879.] CITIES OF SECOND CLASS AND VILLAGES GENERALLY. FUNDING INDEBTEDNESS. 1470 SEC. 119. [Bonds.] That any city of the second class in the state of Nebraska may issue bonds for the purpose of funding any and all indebtedness now existing or hereafter created, now due or to become due; Provided, That said bonds shall be payable in not less than ten years and not more than twenty years from date of their issue, and that said bonds shall bear interest at a rate not exceeding seven per cent. per annum with interest coupons attached, payable annually or semi-annually, and may levy tax on all the taxable property in the city in addition to other taxes for the payment of said coupons as they respectively become due, and the taxes levied to pay the same shall be payable only in cash or said coupons; Provided, That the city council of said cities shall further authorize the issuing of said bonds by ordinance when so instructed by a two-thirds majority of all the votes cast at an election held in such city for that purpose, except as hereinafter provided. Notice of said election to be published in four issues of some weekly paper published in the city seeking to issue bonds. [Laws 1881, § 1, chap. 19.] 1471 SEC. 120. [Refunding bonds.] That any city of the second class in the state of Nebraska which has heretofore voted and issued bonds to aid in the construction of any railroad or other work of internal improvement, or [and] which bonds or any part thereof still remain unpaid and are a legal liability against such SEC. 115. This section cures defects in previously existing plats. 21 Neb., 268. SEC. 117. The following acts relative to cities of the second class organized under the act of 1871, repealed by sec. 117, are omitted, viz.: "An act allowing certain cities and towns further time to become cities of the second class." [Gen. Stat., 158.] "An act legalizing the acts of cities of the second class." [Gen. Stat., 159.] "An act to amend section two of an act legalizing the acts of cities of the second class." [Laws, 1875, 207. "An act to amend an act to incorporate cities of the second class and to define their powers, approved March 1, 1871, and to legalize certain taxes therein mentioned." [Laws, 1875, 205.] NOTE, that section 3 of this latter act held unconstitutional. 5 Neb., 319, 516. NOTE also, that "An act to legalize the collecting or receiving and expending moneys collected or received by virtue of any levy made by any city of the second class or incorporated town upon dramshops, liquor dealers, etc," Laws, 1877, 171, was held unconstitutional. 8 Neb., 163. 9 Neb., 352. SEC. 119. "An act authorizing cities to fund their indebtedness." Approved and took effect Feb. 28, 1881. city, and have been finally so determined by a court of competent jurisdiction, and bearing interest at ten per cent per annum, is hereby authorized to issue coupon bonds at a rate of interest not exceeding seven per cent. per annum, to be substituted in place of and exchanged for such bonds heretofore issued, whenever such city can effect such substitution and exchange, which substitution and exchange shall not exceed dollar for dollar; Provided, That such substitution and exchange shall have first been duly authorized by a majority vote of the people of said city at an election to be held for the purpose as provided in section 1st of this act. [Id., § 2.] 1472 SEC. 121. [Recitals.] The bonds issued under the provisions of sec. 2 of this act shall have recited therein the object of their issue, and the section of the act under which the issue is made, stating the issue to be in pursuance thereof, and shall also state the number, date, and amount of the bond or bonds for which it was substituted, and such new bond shall not be delivered until the surrender of the bond or bonds so designated. [Id., § 3.] ORGANIZATION OF CITIES CONTINUED AND ACTS LEGALIZED. 1473 SEC. 122. [Organization of certain cities continued.] That in all cases where any municipal corporation containing less than fifteen hundred and more than one thousand inhabitants shall have legally organized as a city of the second class, under a law in force at the time of such organization, and shall not have organized as a village under the provisions of the act to provide for the organization, government, and powers of cities and villages, approved March 1, 1879, and shall not so organize by the election of officers on the first Tuesday of April, 1881, the organization of such corporation as a city of the second class shall continue and be in force until changed as now provided by law. [1881, § 1, chap. 21.] 1474 SEC. 123. [Acts legalized.] That all acts performed and elections held by such corporations so legally organized as cities of the second class, under the laws in force at the time of such organization, shall be held to be as valid for all purposes as if done and held by and in cities of the second class duly organized under the laws in force for that purpose. [Id., § 2.] INCORPORATION AND ACTS OF VILLAGES LEGALIZED. 1475 SEC. 124. [Acts of certain villages legalized.] That all villages having more than two hundred inhabitants, who have associated themselves together by written agreement or by petition of a majority of the legal voters therein, designating the object of their association to be the incorporation of a village under the laws of Nebraska, and showing therein the boundaries of the same, and having a board of trustees elected by a majority of the legal voters of said village, who are acting conformable to the law of the state of Nebraska regulating the powers and duties of the boards of trustees of villages, be and the same are hereby declared to be duly and lawfully organized and incorporated as villages under the laws of this state; together with all additions that have been made thereto. And such villages, and their boards of trustees, and the officers by them appointed, and all acts, bylaws, and ordinances, done and adopted by them, are hereby declared to be legal and valid, and shall have all the force and effect given to the acts, by-laws, and ordinances of villages incorporated under the laws of this state. [1881, § 1, chap. 25. Amended 1883, chap. XIII.] SEC. 122. "An act to continue the organization of cities of the second class, and to legalize their acts and elections thereunder." Approved and took effect Feb. 28, 1881. SEC. 124. "An act to legalize the incorporation of certain villages, and all acts, by-laws, and ordinances thereof, and to constitute its board of trustees a legal body." Approved March 3. Took effect June 1, 1881. 1476 SEC. 125. [Effect of act. Such villages shall be governed by the law of this state regulating villages, and shall have and exercise all the powers and privileges of villages duly incorporated under the laws of this state, and their said trustees and officers shall have and exercise all the powers and privileges of trustees and officers, under the laws of this state concerning villages. [Id., § 2.] ABOLISHMENT OF VILLAGE GOVERNMENT. 1477 SEC. 126. [Vote.] Any village of the state of Nebraska which may have been incorporated under the laws of this state shall abolish the same whenever a majority of the electors of said village, voting on the question of such abolishment, shall so decide in the manner herein provided. [1885, chap. 17.] 1478 SEC. 127. [Election.] Whenever a petition or petitions for submission of the question of the abolishment of incorporation to the voters of any village, signed by not less than one-third of the electors and tax-payers of said village, shall be filed in the office of the county clerk of the county in which such village is situated, not less than thirty days before the date of any general election, it shall be the duty of such county clerk to cause said question to be submitted to the voters of said village at such election, and give notice thereof in the general notice of such election; Provided, That no village shall abolish incorporation until all liabilities are liquidated. 1479 SEC. 128. [Ballots.] The forms of ballot shall be respectively, “For Abolishment of Incorporation," and "Against Abolishment of Incorporation," and the same shall be written or printed upon the regular ballots cast for officers voted for at such election, and shall be counted and canvassed in the same manner. 1480 SEC. 129. [Result of election.] If it shall be decided at such election that incorporation of said village be abolished, then from and after the first day of January next ensuing, "Incorporation of said village" shall cease and be abolished, and said village shall thereafter be governed by county commissioners as provided by law. 1481 SEC. 130. [Property of village.] That upon abolishment of incorporation all corporate property belonging to said village shall be placed in the hands of the road overseer of the district in which said village is located, or sold, as shall be deemed by the trustees of said village for the best interest of said district, and if the proceeds exceed the sum of one hundred dollars, shall be placed in the hands of the county treasurer, to be paid out by order of the county commissioners for the exclusive use of the road district in which said village is located. CEMETERY ASSOCIATIONS. 1482 SEC. 131. [Cemetery association.] That whenever, in cities of the second class and villages, one-fifth of the resident lot owners of any cemetery under the control of such city shall so desire it, it shall be lawful for such lot owners to associate themselves into and form a cemetery association, as provided in section 45, of chapter 16, of the compiled statutes of the state of Nebraska, and elect officers thereof. [1887, chap. 15.] 1483 SEC. 132. [Trustees.] Upon the formation of such cemetery association, the lot owners in such cemetery shall elect five of their number as trustees, to whom is given the general care, management, and supervision of such cemetery. SECS. 126-130. "An act to provide for the abolishment of 'Incorporation of villages' in any village which may have been incorporated, and its return to county government after such abolishment." SECS. 131-137. "An act to provide for the more efficient management and care of cemeteries and cemetery grounds in cities of the second class and villages, and for the incorporation of lot owners in such cemeteries, and to repeal paragraphs 34, 35, and 36, of section 69, chapter 14, entitled 'cities of the second class and villages." [1887, chap. 15.] Provisions of this act limited in its application to art. 1 of this chapter. Whether it is repealed by sec. 69, quære. See 23 Neb., 421. The mayor or chairman of such city or village shall, by virtue of his office, be a member of the board of trustees, and it shall be his duty to make, execute, and deliver to purchasers of lots, deeds therefor, when requested by such board of trustees. Such deed shall be executed under the corporate seal of such city, and countersigned by the clerk, specifying that the person to whom the same is issued is the owner, for the purposes of interment, of the lot or lots described therein by numbers, as laid down on the map or plat of such cemetery; and such deed shall vest in the proprietor, his or her heirs or assigns, a right in fee simple to such lot for the sole purpose of interment, under the regulations of the board of trustees; and such deed shall be entitled to be recorded in the office of the county clerk of the proper county without further acknowledgment or authentication, and such description of lots shall be deemed and recognized as a sufficient description thereof. [Id., § 2.] 1484 SEC. 133. [Rules.] Said board of trustees shall have power to limit the number of cemetery lots that shall be owned by the same person at the same time; to prescribe rules for enclosing, adorning, and erecting monuments and tombstones on cemetery lots; to prohibit any diversions of the use of such lots, and any improper adornment thereof, but no religious tests shall be made as to the ownership of lots, the burial therein, or the ornamentation of graves or of such lots. [Id., § 3.] 1485 SEC. 134. [Same-Fines.] Such board of trustees shall have power to pass rules and ordinances imposing penalties and fines, not exceeding one hundred dollars, regulating, governing, and protecting the cemetery, the owners of lots therein, visitors thereof, and trespassers therein. And the officers of such city or village shall have as full jurisdiction and power in the enforcing of such rules and ordinances as though they related to the corporation of such city or village itself. [Id., § 4.] 1486 SEC. 135. [Expenditures.] All moneys received from sale of lots in any such cemetery, or which may come to it by gifts or devise, or otherwise, shall be devoted exclusively to the care, management, adornment, and government of such cemetery itself, and shall be expended exclusively for such purposes under the direction of such board of trustees. [Id., § 5.] 1487 SEC. 136. [Vested rights.] Upon the organization of such cemetery association as herein provided, all property and moneys now under the control of the city council or village trustees shall vest in such cemetery association for the purposes aforesaid, and all moneys in the control of such city council or village trustees shall be turned over to the board of trustess of such cemetery association. [Id., § 6.] 1488 SEC. 137. [Acts repealed] Paragraphs 34, 35, and 36, of section 69, of chapter 14, entitled "cities of the second class, and villages," of the compiled statutes of the state of Nebraska, and all acts and parts of acts inconsistent with the provisions of this act, are hereby repealed; Provided, That all rights accrued under the power contained in said section are hereby confirmed. [Id., § 7.] ELECTRIC LIGHTS. 1489 SEC. 138. [Tax.] Any city of the second class in this state shall have the power and is hereby authorized to establish and maintain a system of electric lights for such city, and the city council shall have the power to levy a tax not exceeding five (5) mills on the dollar in any one year for the purpose of establishing, extending, and maintaining such system of electric lights. [1889, chap. 19, § 1.] SECS. 138-142. "An act to authorize any city of the second class in this state to establish, maintain, operate and control a system of electric lights, and to fix rates of charges for the use of lights and to provide for the collection of such charges." Passed and took effect March 30, 1889. Laws, 1889, chap. 19. See also sub. XVII, sec. 52, art. 2, chap. 14. 1490 SEC. 139. [Bonds.] Where the amount of money which would be raised by the levy provided for in section one of this act would be insufficient to establish a system of electric lights as contemplated herein, in any city in this state, such city may issue its bonds bearing not to exceed seven per cent. interest, and maturing in twenty years, but payable at any time after the expiration of ten years at the option of the city, for the purpose of raising a sum sufficient to establish such. electric light system; Provided, That the aggregate of bonds issued for such purpose shall not exceed two and one-half per cent. of the taxable value of the property of such city as shown by the last previous annual assessment; And provided further, That no such bonds shall be issued by the city council until the question of issuing the same shall have been submitted to the electors of such city at an election held for that purpose, notice of which shall be given by publication in some newspaper published in said city at least twenty days prior to the date of said election, and a majority of such electors shall have voted in favor of issuing such bonds; Provided, No such election shall be called until a petition signed by at least ten resident freeholders from each ward of said city shall be presented to the mayor and council asking that an election be called for the purpose herein provided. When any city has established a system of electric lights as herein contemplated, the city council shall have power to levy an annual tax of not to exceed two (2) mills on the dollar of the assessed valuation of the city, for the purpose of maintaining, operating, and extending the same. [Id., § 2.] น 1491 SEC. 140. [Contracts.] All contracts for the erection or construction of any such system of electric lights or any part thereof or any extension thereof shall be let to the lowest responsible bidder therefor upon not less than twenty days public notice of the terms and conditions upon which the contract is to be let, having been given by publication in a newspaper published in said city; Provided, That no member of the city council or mayor shall be directly or indirectly interested in any such contract. And in all cases the council shall have the right to reject any and all bids that may not be satisfactory to them, and when any such contract shall have been awarded as herein provided the mayor and council shall have the right to require the person, persons, company, or corporation to whom such contract shall be awarded, to enter into a bond with good and sufficient sureties to be approved by said mayor and council and in such sum as they shall deem sufficient to secure the faithful performance of the conditions of such contract. [Id., § 3.] 1492 SEC. 141. [Control-Rates-Light commissioner.] Where any city shall have established an electric light system, it shall provide by ordinance for the management and control of the same, and the rates to be charged to persons using such lights. In cities having and maintaining a system of waterworks, and having a water commissioner, such water commissioner shall be ex-officio light commissioner. In cities having no water commissioner, the mayor shall, with the advice and consent of the city council, appoint some resident freeholder of such city as light commissioner, who shall hold his office until the end of the municipal year, and until his successor shall be appointed and shall have qualified. Before entering upon the duties of his office the light commissioner so appointed shall give bond to the city in such sum as may be required by the city council, conditioned for the faithful performance of his duties, and signed by two or more good and sufficient sureties, resident freeholders of such city, and shall also take an oath to faithfully and impartially discharge the duties of his office. Such commissioner shall have general management and control of the system of electric light in such city, under the direc tion of the city council, and shall collect all moneys receivable by the city for rents and lights, and shall faithfully account for all moneys that may come into his hands, SEC. 140. See sec. 144, chap. 14, art. 1. |