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subdivision of the State of Idaho, in the purchase or construction and maintenance of any bridge or bridges, across either Snake or Clearwater rivers.
Tenth. To provide for the grading curbing, guttering, paving macadmizing or planking streets and alleys, and to levy and collect special assessments upon the property to be benefited thereby.
Whenever the common council of said city shall deem it advisable to issue negotiable coupon bonds of said city, for any of the purposes aforesaid, the mayor and common council of said city shall provide therefor by ordinance which shall specify the purpose of the issuance of such proposed bonds; if it is to create a new debt the object thereof must be stated, or if it is to fund or refund any existing indebtedness, it must be described, and when it consists of warrants or other securities, they must be described by giving their number, date, and amount, and the fund out of which the same, according to the terms thereof, are payable; and the ordinance shall declare the purpose and the total amount for which such bonds shall be issued, and designate the provisions to be made to pay the interest on such bonds as it falls due, and also to constitute a sinking fund for the payment of the principal thereof, within twenty vears from the time of the issuance of the same, and shall also provide for the holding of an election of the qualified electors of said city, who are taxpayers of said city, of which thirty days' notice to be provided for in such ordinance, shall be given in a newspaper in said city designated in said ordinance. Said election shall be conducted as other city elections. The voting at said election must be by ballot, and the ballots used shall be substantially as follows: "In favor of issuing bonds to the amount of $..........dollars for the purpose stated in ordinance No..........." and against issuing bonds to the amount of ........dollars for the purpose stated in ordinance No..........." If at said election, as provided for in this section, two-thirds of the qualified electors who are taxpayers in said city, voting at said election, assent to the issuing of said bonds, and the incurring of the indebtedness thereby created for the purpose aforesaid, said bonds for said purposes shall be is. sued in the manner hereinafter provided. Said bonds shall be known as municipal coupon bonds of the city of Lewiston, Nez Perce County, State of Idaho, and shall be issued as near as practicable in denominations of one thousand dollars ($1,000.000) each, but bonds of the denomination of five hundred dollars ($500.00) and one hundred dollars ($100.00) may be issued when necessary. Said bonds to be made payable within twenty (20) years from the date of issue thereof. Said bonds must bear interest at a rate not exceeding six per centum per annum, to be paid on the first day of January, and the first dav of Julv in each year at the office of the city treasurer, or at such banking house of trust company in the city of New York as may be designated by the mayor and common council of said city, at the option of the holder thereof. Such. bonds shall be redeemable at the pleasure of said city at any time after the expiration of ten (10) years from the date of the issuance thereof, and each bond must be redeemed in the order it is numbered.
The bonds mentioned in this section must be attached thereto, when negotiated, semi-annual interest coupons, covering the interest expressed in the bonds, from the date of issuance until paid. Such bonds must be signed by the mayor and attested by the clerk of said city and bear the seal thereof and be countersigned by the treasuerer thereof, and the coupons attached thereto must be signed by the said treaasurer. Each coupon must have annexed to the same a number corresponding with the number of the bond and each bond must state upon its face the amount for which it was issued, the date of issue, and be made pay. able to a person named or to bearer, and must recite that it is issued by virtue of and in conformity and compliance with the provisions of this section, and of the constitution and all other laws of the State of Idaho, and shall have a copy of this section printed on the back thereof.
The said mayor and common council must give notice by publication in some newspaper published in said cityif a weekly paper, in four issues thereof; if any other paper for four weeks--of its intention to issue and negotiate such bonds and invite bidders therefor, and after ascertaining the best terms upon and the lowest interest at which such bonds can be negotiated, must secure the proper engraving or printing thereof, and thereafter have them consecu. tively numbered, and otherwise properly prepared and executed; and when so executed they must each be, by the clerk of said city registered in a public record book, to be kept for that purpose, and therein must be stated the number, date and amount of each bond, time and place of pay. ment, rate of interest and number of coupons attached. Then said mayor and common council must, from time to time, in such amounts as they may deem best, deliver said bonds to the treasurer of said city, and take and file receipt therefor and charge him therewith ; and any duties required of said mayor and common council may be performed at any general special or called meeting thereof, The said treasurer must, under the general supervision of said mayor and common council deliver said bonds to the purchaser or purchasers thereof, and in no case must said bonds be sold for less than their face or par value, and the accruel interest at the time of disposal. Said bonds may be issued in case of funding or refunding in exchange for, or on cancellation of, and equal amount of prior indebtedness being funded or refunded. Said bonds and all proceeds derived from sale thereof must be applied exclusively to the purposes for which said bonds are issued. Said city treasurer must keep a record of all bonds disposed of, showing their number, date of interest, date and amount of sale, and when and where payable, which record must be kept open for the inspection of the public at all reasonable office hours, and he must make detailed statements to and as often as required by said mayor and common council of all his transactions under the provisions of this section.
The mayor and common council must upon the issue of said bonds, by ordinance, direct to be levied, and must thereafter levy annually upon all taxable property of said city a sufficient sum to pay the interest on all bonds to be disposed of under this statute, as it falls due, and a sufficient additional sum to constitute a sinking fund for the payment of the principal of said bonds within twenty (20) years from the date of issue of the same. And all such taxes must be levied, assessed and collected as other city taxes, until the bonds so issued are fully paid, including the interest thereon. The faith, credit and all taxable property within the limits of said city, as they now exist, or may hereafter be extended, are and must continue pledged and the proper officers of said city must continue to assess and collect on all taxable property within the limits thereof, the necessary taxes to pay said bonds and interest as the same becomes due. Should the tax for the
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payment of interest on, or bonds issued under, the provisions of this section, at any time not be collected in time to meet such payment, the interest must be paid out of any moneys in the city general or expense fund, and the money so used for such payment of interest must be repaid to the fund from which so taken, out of the first moneys paid therein. It shall be the duty of said treasurer in case of sale of bonds to use the proceeds arising from the sale of said bonds in payment of the indebtedness described in said ordinance only. Any failure of any of the officers of said city to comply with any of the provisions of this act shall be deemed a misdemeanor, and any such officer shall be fined in an amount not exceeding the sum of three hundred dollars, and imprisonment in the city jail, not exceeding six months.
That when bonds are issued under this section for the purpose of funding, refunding, purchase or redemption of the outstanding indebtedness of said city to the profit and benefit of said city, the same may be issued without the submission of the question of the issuance thereof to the electors of said city.
SEC. 66. The city shall have the power to regulate the running of ferries within the city limits, and to license the same, and to build and maintain bridges and ferries across the Clearwater, and Snake rivers; and for the purpose of building and maintain such bridges or ferries, the city may purchase the right of way beyond its limits and expend money for the construction and maintenance of such bridges and ferries outside the city limits, and the jurisdiction of the city shall extend beyond the city limits so far as such bridges or ferries, or their approaches thereto may extend: Provided, That the city shall have no authority to expend money for such ferries, which do not run to or from some point within the city, or on bridges, some portion of which is not within the city.
SEC. 67. The city of Lewiston, has power to authorize, provide for and regulate the erection, maintenance and removal of telegraph, telephone, electric light, electric railway and other poles, wires and cables, and the laying in use of underground conduits or subways for the same, in, under, upon or over the streets, alleys or public parks and public grounds, of said city, and in, under or over, and upon and lands owned or under the control of said city, whether they be inside the limits of said city, or not, and to require all such wires and cables to be laid in the said conduits or subways, when reasonably practicable. To locate and construct any ditch, canal or pipe, for the conduct of water, and any drain, sewer or culvert, which may be deemed necessary or convenient, and for such purpose it shall have the right to enter upon the land between the termini of such ditch, canal, pipe, drain, sewer or conduit, for the purpose of examining, laying and surveying the line of such ditch, canal, pipe, drain sewer or conduit, doing no unnecessary damage thereby, and to appropriate so much of said land as may be necessary for the construction of said ditch, canal, sewer pipe, drain or culvert, in like manner as provided by the laws of this State, for the appropriation of lands or right of way, by corporations and to approrpiate and divert from its natural course, or channel for the purpose of draining or flushing any drain, sewer, or culvert, or securing a supply of water, any spring or stream of water; and compel the extension of water and sewer connections to the main sewer or pipe or curb line of the sidewalks along the public streets.
To provide for the taking enumeration of the inhabitants of the city; to regulate the burial of the dead, and regulate all births and deaths and to direct the returning and keep ing of all bills of mortality, and to impose a penalty on physicians, sextons and others for any default in the premises; for the preservation of the health of the inhabitants of the city, the city council is empowered to abate any nuisances within four miles of the limits of the city, which is liable to injure the health of said inhabitants, and in case of such nuisance, said council shall have the same powers as if such nuisances existed within the corporate limits of said city.
SEC. 69. The council whenever it is deemed expedient to cause sidewalks to be constructed, repaired or kept in order, may, by ordinance, provide for the construction of the same.
If any person owning real estate within the city shall refuse or neglect to build or repair said walks according to the requirements and provisions of said ordinance, within thirty days after its publication, the council shall cause said walks to be constructed or repaired and pay for the same out of the general street fund; and the expenses