Omaha daily bee., 1900-01-29

the muchueeded paving of a number of
streets that has been delayed owing to the
unsatisfactory condition of the special assess
ment laws.
Text of the BiII.
The text of the bill is as follows:
Section l. That all cities of this state,
whether organized under general incorpora-
tion laws or special charters, shall have all
the powers conferred and be subject to all
the provisions of this act (This section
specifies by section the laws to which the
classes are made SubjeCt.J
Sec. >. Whenever, in the laws enumerated
in section ! of this act the words "city
collector or city treasurer" occur they
shall in case of cities organized under gen
erHl incorporation laws be construed to
mean county treasurer
Sec. g. No part of the cost of any of the
improvements authorized by the sections of
the code enumerated in section / of this
act shall be assessed against any property
belonging to the city, state or United
terry; and the portion of said cost which
would otherwise be apportioned to such
property shall be paid in the manner and
from the fund provided for paying the
cost of such Improvement at street inter
sections or from the special Improvement
tax hereinafter provided for.
Sec. 4. The cost of the improvements au-
thorized in the sections of the code emu
merated in section / of this act shall be
tent and in the manner in said sections
provided, except that no lot. tract or parcel
of abutting or adjacent property shall he
assessed for an amount in excess of the
special benefits conferred by such improve
ments upon said property. In all cases
the presumption shall be that the special
benefits conferred upon any lot, tract or
parcel of ground by any such Improvement
are equal to or greater than the amount
in said sections authorized to be assessed
to such lot. tract or parcel of ground: but
this presumption may in any case be over
come, and whenever in any case it is found
that the amount assessed or proposed to
he assessed to lot, tract marcel
ground exceeds the special benefits con-
ferred thereon the necessary correction
shall be made, at the time and in the man.
ner provided in the laws referred to in
section of this act for the correction of
errors and Irregularities.
The portion of the cost of any such inn
provement not asSesSable to abutting
adjacent property, because in excess of the
special benefits conferred shall be paid in
paying for the cost of said Improvement al
street intersections. or from the special i'm
provement tax fund hereinafter provided
for.
The portion of the cost of such Improve.
ments required to be paid by railway and
street railway companies, being in part con-
sideration for the use of the streets, shall
be paid in full by such companies, without
any reference to special benefits conferred
by the improvement.
Sec. 3. When by reason of nonconformty
to any law or ordinance, or by reason of
any irreguIarity in the method Of advertis-
for public work, or of giving notice of
the pendency Of assessment proceedings,
or when. BY reason of any omission, in
/ formality or irregularty, any special tax
| or assessment heretofore levied or hereafter
| levied is invalid, or is adiudged Illegal or
! in case of deficiencies, the council shall
/ have the power to correct the same by
resolution or ordinance. and may reassess
| and relevy the same, as also amount
! to make up such deficiencies, with the same
! effect as If done at the proper time, in
| the proper amount, and in the manner
! provided by law or by the resolution or
/ In N rel 1lt cd HOY
! ever. that the aggregate of such tax or as
! sessmcnt SO relieved shall not exceed in
/ elusive of the sums paid under the original
/ tax or assessment, the total contract price
| of such Improvement
The powers hereby granted may be eXer-
| CSed by any city of the state that has
! succeeded to or may be organized within
| the territory of any other city which has
! levied or has ATTEMPTED to levy the de-
feCtve tax or special assessment desired
! to be made valid. and the rclevy authorized
! by this act shall have the same force and
! effect as the original levy.
! Sec. 8. Whenever in any action or pro-
| Ceeding in court to resist, review or en-
| force any special assessment IL Is found
| that the Improvement was actually made.
! or the work material actually done or
! furnished. the assessment shall be sus-
| tanned and a charge enforced to The extent
and for the amount for witch the property
! could have been legally charged and as
sessed If all the provisions Of the law had
| been complied with, and notwithstanding
! any defect or irTcgularity In the municipal
! corporation or its officers, in any Of
! the proceedings which resulted in the as
! sessmert or any defect or imDerfection i'm
any statute under which such proceedings
! were had.
The provisions of this act and the laws
/ referred TO in section l hereof shall an
! ply to all contracts made and assessments
| levied in the past. as well as in the flu
| ture.
Sec. Z. All of the cities embraced in this
| act shall have the power to levy annually.
In addition to the tax now authorized by
law, a special Improvement tax Of not eN-
ceedinE mills on the dollar Said tax,
! when so levied and collected shall be used
only for the purpose of paying the differ
enCe between the contract price ana the
amount assessed under the provisions Of
this act against railways, street railways
and the abutting ana adjacent property
for the making OF the improvements re-
/ fcrred To in this act and for paying tho
difference between the contract price ard
/ the amount lawfully assessed AGAINST such
abutting property, railways and street rail-
ways for improvements already made, and
may anticiuate said tax and pledge the
proceeds thereof, and issue In payment of
| said portion of the cost of such improve
ments certificates or bonds. payable only
out OF the proceeds of such tax.
|. Howel's Anti-"Kawt' cures coughs. colds