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Special tax to keep pavement

in repairs.

shall be charged and assessed with the cost of such improvement, without regard to the line of such lots, the same to be fixed and determined upon the basis of benefits accruing to the real estate by reason of such improvement. Where such improvements have already commenced or contracts therefor have been entered into under any ordinance passed upon a petition of property owners, as well as the cases where the material to be used for such improvements has been ordered in accordance with the determination of property owners, such petition and determination shall be deemed and taken as sufficient compliance with the law, if the requisite number of owners of real estate which in fact abuts upon the part of the street ordered to be so improved have joined therein. The provisions of this section in regard to the depth to which real estate may be charged and assessed shall apply to all special taxes that may be levied, except for sidewalk in proportion to the front feet, in cities of the metropolitan class.

No court shall entertain any complaint that the party was authorized to make, and did not make, to the city council sitting as a board of equalization; nor any complaint not specified in said notice fully enough to advise the city of the exact nature thereof; nor any complaint that does not go to the groundwork, equity, and justice of the tax. The burden of proof to show such a tax or part thereof invalid, inequitable, or unjust shall rest upon the party who brings such suit.

Provided, Whenever the mayor and council shall enter into or shall have entered into a contract with any paving contractor to keep the pavement in any

paving or street improvement district in repair for a term of years for a specified price per year, said mayor and council shall have the power and it shall be their duty to levy annually a special tax and assessment upon all the property in the paving or street improvement district to cover the cost of said repairs. Such special tax shall be levied and collected as in other cases of special taxes.

SEC. 9. That section 70 of said chapter be and Amending sec. the same is hereby amended to read as follows:

eral purposes.

Railway comstreets.

panies to pave and repair

Section 70. The mayor and council shall have Taxes for genpower to levy and collect taxes for general purposes not exceeding fourteen (14) mills on the dollar valuation in one year, and on all the real estate and personal property within the corporate limits of the city taxable according to the law of this state, including all interests or business so taxable; and shall also have power to levy on all horse, cable, steam, electric, or other railway companies now exist ing or hereafter created in cities of the metropolitan class, already incorporated or hereafter organized, shall be required to pair or repair at their own cost all the space between its different rails and tracks, and also a space outside of the outside rails of the outside tracks of twelve (12) inches, and the tracks herein referred to shall include not only the main tracks, but also side tracks, crossings, and turnouts used by such companies, and where two or more companies occupy the same street or alley with separate tracks, then each company shall be responsible for the proportion of the surface of the street or alley occupied by all the parallel tracks as herein required. Such paving or repaving by such railway companies shall be done at the same

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time and shall be of the same material and character as the paving or repaving of the streets or alleys upon which said railway track or tracks is located, unless other material be specially ordered by the board of public works; Provided, That in lieu of the above, and until January 1, 1893, such street railway companies shall only be required to pave between their rails. Such railway companies shall be required to keep that portion of the street which they are herein required to pave or repave in good and proper repair, using for said purpose the same material as the street upon which the track or tracks are laid at the point of repair, or such other material as the board of public works may require and order; and as streets are hereafter paved or repaved, street railway companies shall be required to lay, in the most approved manner, a flat rail to be approved by the board of public works. 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 said companies shall be liable for all damages resulting by reason 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 from the failure of such company to keep their tracks in proper repair and free from obstructions, such companies shall be liable, and the city shall be exempt from liability. The word "companies" as used in this act shall be taken to mean and include any persons, companies, corporations, or associations owning any street or other railway in any such city.

SEC. 10. That section seventy-nine (79) of said

chapter be and the same is hereby amended to read as follows:

eral purposes.

guttering,

sewers.

Section 79. The mayor and council shall have Taxes for genpower to levy and collect taxes for general purposes not exceeding fourteen (14) mills on the dollar valuation in one (1) year, and on all the real estate and personal property within the corporate limits of the city taxable according to the law of this state, including all interests or business so taxable; and shall also have power to levy and collect For curbing, taxes on all such property for the sole and exclu- paving and sive purpose of repairing, modifying, reforming, or changing and maintaining curbs and gutters, and for cleaning and repairing pavements not exceeding three (3) mills on the dollar valuation in any one (1) year, taxes levied for said purposes to be and constitute a special fund therefor; and shall have power to levy and collect on all property for the sole and exclusive purpose of maintaining and cleaning sewers not to exceed a half (2) mill on the dollar valuation in any one (1) year, taxes levied for such purposes to constitute a special fund therefor; and shall also have power to levy and For maintaincollect on all such property for the sole and exclu-fire departsive purpose of maintaining and paying the police department of any such city not exceeding five (5) mills on the dollar valuation in any one (1) year, taxes levied for said purpose to constitute a special fund therefor; and shall also have the power to levy and collect on all such property for the sole and exclusive purpose of maintaining and paying the fire department of any such city not to exceed five (5) mills on the dollar valuation in any one (1) year, taxes levied for said purpose to constitute a

ing police and

city.

property.

For lighting special fund therefor; and shall also have the power to levy and collect on all such property for the sole and exclusive purpose of providing and furnishing light for such city not to exceed three (3) mills on the dollar valuation in any one (1) year, taxes levied for such purpose to constitute a special fund Valuation of therefor. The valuation of such property to be taken from the last previous assessment book or books of the assessor, assessing property for and within metropolitan cities, as by him returned and assessed. The city clerk shall annually make a copy of such assessment for the purposes of taxation as herein provided and said assessor shall permit the making of the copy hereby contemplated.

Maximum amount of warrants issued and indebtedness contracted.

Provided, That whenever the total valuation of property in said city for purposes of taxation shall in any one (1) year exceed the sum of twenty-five millions ($25,000,000) of dollars, then and in that case the rate of levy for any and all taxes herein provided shall be reduced and decreased in exact ratio and proportion to the increase in valuation of taxable property over and above the said sum of twenty-five millions ($25,000,000).

Provided also, That the authorities of any such city shall not in any such year issue warrants or orders to an amount exceeding ninety (90) per cent of the amount of taxes levied for such year and the amount actually received from other sources, and said city authorities shall not contract or incur any indebtedness in addition to the amount for which they are authorized to issue Buildings and Warrants, or orders, or bonds. Upon the complecompanies not tion of such copy of said assessment roll the city clerk shall add to such roll all storehouses, ware

lots of railroad

used in ordi

nary opera

tions.

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