17-101. Cities of the second class, defined; population; exception.

All cities, towns, and villages containing more than eight hundred and not more than five thousand inhabitants shall be cities of the second class and be governed by sections 17-101 to 17-153 unless they adopt or retain a village government as provided in sections 17-306 to 17-312. The population of a city of the second class shall consist of the people residing within the territorial boundaries of such city and the residents of any territory duly and properly annexed to such city.

Source:Laws 1879, § 1, p. 193; Laws 1885, c. 16, § 1, p. 156; R.S.1913, § 4993; C.S.1922, § 4162; C.S.1929, § 17-101; R.S.1943, § 17-101; Laws 1971, LB 62, § 1; Laws 1993, LB 726, § 6; Laws 2014, LB702, § 1.    


Annotations

17-102. Wards; number; how determined.

Unless the city elects council members at large as provided in section 32-554, each city of the second class shall be divided into not less than two nor more than six wards, as provided by ordinance of the city council. Each ward shall contain, as nearly as practicable, an equal portion of the population.

Source:Laws 1879, § 2, p. 193; R.S.1913, § 4994; C.S.1922, § 4163; C.S.1929, § 17-102; Laws 1935, c. 32, § 1, p. 137; C.S.Supp.,1941, § 17-102; R.S.1943, § 17-102; Laws 1969, c. 257, § 5, p. 934; Laws 2016, LB702, § 1.    
Effective Date: July 21, 2016


Annotations

17-103. City council; members; number; qualifications.

The city council of a city of the second class shall consist of not less than four nor more than twelve residents of the city who are registered voters.

Source:Laws 1879, § 3, p. 194; R.S.1913, § 4995; C.S.1922, § 4164; C.S.1929, § 17-103; R.S.1943, § 17-103; Laws 1973, LB 559, § 1; Laws 1994, LB 76, § 489.


17-104. City council; members; election; term; qualifications.

Unless the city elects council members at large as provided in section 32-554, each ward of each city shall have at least two council members elected in the manner provided in the Election Act. The term of office shall begin on the first regular meeting of the council in December following the statewide general election. No person shall be eligible to the office of council member who is not at the time of the election an actual resident of the ward for which he or she is elected and a registered voter.

Source:Laws 1879, § 4, p. 194; R.S.1913, § 4996; C.S.1922, § 4165; C.S.1929, § 17-104; R.S.1943, § 17-104; Laws 1969, c. 257, § 6, p. 934; Laws 1973, LB 559, § 2; Laws 1979, LB 253, § 1; Laws 1981, LB 446, § 2; Laws 1994, LB 76, § 490; Laws 2016, LB702, § 2.    
Effective Date: July 21, 2016


Cross References

Annotations

17-105. City council; meetings; quorum.

Regular meetings of the city council shall be held at such times as the council may provide by ordinance. A majority of all the members elected to the council shall constitute a quorum for the transaction of any business, but a fewer number may adjourn from time to time and compel the attendance of absent members. Unless a greater vote is required by law, an affirmative vote of at least one-half of the elected members shall be required for the transaction of any business.

Source:Laws 1879, § 5, p. 194; R.S.1913, § 4997; C.S.1922, § 4166; C.S.1929, § 17-105; R.S.1943, § 17-105; Laws 1995, LB 93, § 1.


17-106. City council; special meetings.

The mayor or any three councilmen shall have power to call special meetings of the city council, the object of which shall be submitted to the council in writing; and the call and object, as well as the disposition thereof, shall be entered upon the journal by the clerk.

Source:Laws 1879, § 13, p. 196; R.S.1913, § 4998; C.S.1922, § 4167; C.S.1929, § 17-106; R.S.1943, § 17-106.


Annotations

17-107. Mayor; qualifications; election; officers; appointment; removal; terms of office; police officers; appointment; removal, demotion, or suspension; procedure.

(1) A mayor of a city of the second class shall be elected in the manner provided in the Election Act. The mayor shall take office on the date of the first regular meeting of the city council held in December following the statewide general election. The mayor shall be a resident and registered voter of the city. If the president of the council assumes the office of mayor for the unexpired term, there shall be a vacancy on the council which vacancy shall be filled as provided in section 32-568.

(2) The mayor, with the consent of the council, may appoint such officers as shall be required by ordinance or otherwise required by law. Such officers may be removed from office by the mayor. The terms of office for all officers, except regular police officers, appointed by the mayor and confirmed by the council shall be established by the city council by ordinance. The ordinance shall provide that either (a) the officers hold the office to which they have been appointed until the end of the mayor's term of office and until their successors are appointed and qualified unless sooner removed or (b) the officers hold office for one year unless sooner removed.

(3)(a) The mayor, by and with the consent of the council, shall appoint such a number of regular police officers as may be necessary. All police officers appointed by the mayor and council may be removed, demoted, or suspended at any time by the mayor as provided in subdivision (b) of this subsection. A police officer, including the chief of police, may appeal to the city council such removal, demotion, or suspension with or without pay. After a hearing, the city council may uphold, reverse, or modify the action.

(b) The city council shall by ordinance adopt rules and regulations governing the removal, demotion, or suspension with or without pay of any police officer, including the chief of police. The ordinance shall include a procedure for such removal, demotion, or suspension with or without pay of any police officer, including the chief of police, upon the written accusation of the police chief, the mayor, or any citizen or taxpayer. The city council shall establish by ordinance procedures for acting upon such written accusation, including: (i) Provisions for giving notice and a copy of the written accusation to the police officer; (ii) the police officer's right to have an attorney or representative retained by the police officer present with him or her at all hearings or proceedings regarding the written accusation; (iii) the right of the police officer or his or her attorney or representative retained by the police officer to be heard and present evidence; and (iv) the right of the police officer as well as the individual imposing the action or their respective attorneys or representatives to record all hearings or proceedings regarding the written accusation. The ordinance shall also include a procedure for making application for an appeal, specifications on the period of time within which such application shall be made, and provisions on the manner in which the appeals hearing shall be conducted. Both the police officer and the individual imposing the action or their respective attorneys or representatives shall have the right at the hearing to be heard and to present evidence to the city council for its consideration. Not later than thirty days following the adjournment of the meeting at which the hearing was held, the city council shall vote to uphold, reverse, or modify the action. The failure of the city council to act within thirty days or the failure of a majority of the elected council members to vote to reverse or modify the action shall be construed as a vote to uphold the action. The decision of the city council shall be based upon its determination that, under the facts and evidence presented at the hearing, the action was necessary for the proper management and the effective operation of the police department in the performance of its duties under the statutes of the State of Nebraska. Nothing in this section shall be construed to prevent the preemptory suspension or immediate removal from duty of an officer by the appropriate authority, pending the hearing authorized by this section, in cases of gross misconduct, neglect of duty, or disobedience of orders.

(c) This subsection does not apply to a police officer during his or her probationary period.

Source:Laws 1879, § 6, p. 194; Laws 1881, c. 23, § 1, p. 168; R.S.1913, § 4999; Laws 1921, c. 155, § 1, p. 637; C.S.1922, § 4168; Laws 1923, c. 67, § 3, p. 203; Laws 1925, c. 36, § 1, p. 143; C.S.1929, § 17-107; R.S.1943, § 17-107; Laws 1955, c. 38, § 1, p. 151; Laws 1969, c. 257, § 7, p. 935; Laws 1972, LB 1032, § 104; Laws 1973, LB 559, § 2; Laws 1974, LB 1025, § 1; Laws 1976, LB 441, § 1; Laws 1976, LB 782, § 13; Laws 1994, LB 76, § 491; Laws 1995, LB 346, § 1; Laws 2009, LB158, § 1;    Laws 2011, LB308, § 1.    


Cross References

Annotations

17-107.01. Repealed. Laws 1975, LB 323, § 6.

17-107.02. Repealed. Laws 1994, LB 76, § 615.

17-108. Officers; salaries.

The officers and employees of the city shall receive such compensation as the mayor and council shall fix by ordinance.

Source:Laws 1879, § 7, p. 195; Laws 1881, c. 23, § 2, p. 168; Laws 1911, c. 16, § 1, p. 133; R.S.1913, § 5000; Laws 1919, c. 46, § 1, p. 130; C.S.1922, § 4169; C.S.1929, § 17-108; Laws 1935, c. 36, § 3, p. 149; C.S.Supp.,1941, § 17-108; Laws 1943, c. 30, § 2, p. 140; R.S.1943, § 17-108; Laws 1945, c. 25, § 1, p. 134; Laws 1947, c. 31, § 1(1), p. 140; Laws 1949, c. 21, § 1, p. 92; Laws 1953, c. 33, § 1, p. 123; Laws 1969, c. 89, § 1, p. 452.


Annotations

17-108.01. Repealed. Laws 1949, c. 21, § 4.

17-108.02. Officers and employees; merger of offices or employment; salaries.

All officers and employees of a city of the second class shall receive such compensation as the mayor and council may fix at the time of their appointment or employment subject to the limitations set forth in this section.

The local governing body of the city may at its discretion by ordinance combine and merge any elective or appointive office or employment or any combination of duties of any such offices or employments, except mayor and council member, with any other elective or appointive office or employment so that one or more of such offices or employments or any combination of duties of any such offices or employments may be held by the same officer or employee at the same time.

The city manager in a city under the city manager plan of government as provided in Chapter 19, article 6, may in his or her discretion combine and merge any elective or appointive office or employment or any combination of duties of any such offices or employments, except mayor and council member, with any other elective or appointive office or employment so that one or more of such offices or employments or any combination of duties of any such offices or employments may be held by the same officer or employee at the same time.

The offices or employments so merged and combined shall always be construed to be separate, and the effect of the combination or merger shall be limited to a consolidation of official duties only. The salary or compensation of the officer or employee holding the merged and combined offices or employments or offices and employments shall not be in excess of the maximum amount provided by law for the salary or compensation of the office, offices, employment, or employments so merged and combined. For purposes of this section, volunteer firefighters and ambulance drivers shall not be considered officers.

Source:Laws 1879, § 7, p. 195; Laws 1881, c. 23, § 2, p. 168; Laws 1911, c. 16, § 1, p. 133; R.S.1913, § 5000; Laws 1919, c. 46, § 1, p. 130; C.S.1922, § 4169; C.S.1929, § 17-108; Laws 1935, c. 36, § 3, p. 149; C.S.Supp.,1941, § 17-108; Laws 1943, c. 30, § 2, p. 140; R.S.1943, § 17-108; Laws 1945, c. 25, § 1, p. 135; Laws 1947, c. 31, § 1(3), p. 140; Laws 1972, LB 1145, § 2; Laws 1984, LB 368, § 2; Laws 1984, LB 682, § 7; Laws 1990, LB 756, § 2; Laws 1990, LB 931, § 3; Laws 1991, LB 12, § 2; Laws 1994, LB 76, § 492.


17-108.03. Repealed. Laws 1959, c. 266, § 1.

17-109. Repealed. Laws 1973, LB 559, § 10.

17-110. Mayor; general duties and powers.

The mayor shall preside at all meetings of the city council of a city of the second class. The mayor may vote when his or her vote would provide the additional vote required to attain the number of votes equal to a majority of the number of members elected to the city council on any pending matter, legislation, or transaction, and the mayor shall, for the purpose of such vote, be deemed to be a member of the council. He or she shall have superintendence and control of all the officers and affairs of the city and shall take care that the ordinances of the city and all laws governing cities of the second class are complied with.

Source:Laws 1879, § 10, p. 195; R.S.1913, § 5002; C.S.1922, § 4171; C.S.1929, § 17-110; R.S.1943, § 17-110; Laws 1957, c. 55, § 3, p. 266; Laws 1975, LB 172, § 3; Laws 1980, LB 662, § 4; Laws 2013, LB113, § 1.    


Annotations

17-111. Mayor; ordinances; veto power; passage over veto.

The mayor shall have power to veto or sign any ordinance passed by the city council and to approve or veto any order, bylaw, resolution, award of or vote to enter into any contract, or the allowance of any claim. If the mayor approves the ordinance, order, bylaw, resolution, contract, or claim, he or she shall sign it, and it shall become effective. If the mayor vetoes the ordinance, order, bylaw, resolution, contract, or any item or items of appropriations or claims, he or she shall return it to the city council stating that the measure is vetoed. The mayor may issue the veto at the meeting at which the measure passed or within seven calendar days after the meeting. If the mayor issues the veto after the meeting, the mayor shall notify the city clerk of the veto in writing. The clerk shall notify the city council in writing of the mayor's veto. Any ordinance, order, bylaw, resolution, award of or vote to enter into any contract, or the allowance of any claim vetoed by the mayor may be passed over his or her veto by a vote of two-thirds of the members of the council. If the mayor neglects or refuses to sign any ordinance, order, bylaw, resolution, award of or vote to enter into any contract, or the allowance of any claim, but fails to veto the measure within the time required by this section, the measure shall become effective without his or her signature. The mayor may veto any item or items of any appropriation bill or any claims bill, and approve the remainder thereof, and the item or items vetoed may be passed by the council over the veto as in other cases.

Source:Laws 1879, § 11, p. 195; R.S.1913, § 5003; C.S.1922, § 4172; C.S.1929, § 17-111; R.S.1943, § 17-111; Laws 2014, LB803, § 2.    


Annotations

17-112. Mayor; recommendations to city council.

The mayor 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, the police, health, security, ornament, comfort, and general prosperity of the city.

Source:Laws 1879, § 12, p. 196; R.S.1913, § 5004; C.S.1922, § 4173; C.S.1929, § 17-112; R.S.1943, § 17-112.


Annotations

17-113. Mayor; reports of officers; power to require.

The mayor shall have the power, when he deems it necessary, to require any officer of the city to exhibit his accounts or other papers, and to make reports to the council, in writing, touching any subject or matter pertaining to his office.

Source:Laws 1879, § 14, p. 196; R.S.1913, § 5005; C.S.1922, § 4174; C.S.1929, § 17-113; R.S.1943, § 17-113.


17-114. Mayor; territorial jurisdiction.

The mayor shall have such jurisdiction as may be vested in him by ordinance, over all places within five miles of the corporate limits of the city, for the enforcement of any health or quarantine ordinance and regulation thereof, and shall have jurisdiction in all matters vested in him by ordinance, excepting taxation, within one-half mile of the corporate limits of said city.

Source:Laws 1879, § 15, p. 196; R.S.1913, § 5006; C.S.1922, § 4175; C.S.1929, § 17-114; R.S.1943, § 17-114.


Annotations

17-115. Repealed. Laws 1994, LB 76, § 615.

17-116. Repealed. Laws 1980, LB 741, § 1.

17-117. Mayor; remission of fines; pardons; powers.

The mayor shall have power to remit fines and forfeitures, and to grant reprieves and pardons for all offenses arising under the ordinances of the city.

Source:Laws 1879, § 18, p. 196; R.S.1913, § 5009; C.S.1922, § 4178; C.S.1929, § 17-117; R.S.1943, § 17-117.


17-118. Police; arrest; power.

The police officers of the city shall have the power to arrest all offenders against the laws of the state or of the city, by day or by night, in the same manner as the sheriff and to keep such offenders in the city prison or other place to prevent their escape until trial can be had before the proper officer.

Source:Laws 1879, § 19, p. 197; R.S.1913, § 5010; C.S.1922, § 4179; C.S.1929, § 17-118; R.S.1943, § 17-118; Laws 1988, LB 1030, § 5.


Annotations

17-119. Overseer of streets; duties.

The overseer of the streets shall, subject to the orders of mayor and council, have general charge, direction, and control of all work on the streets, sidewalks, culverts, and bridges of the city, and shall perform such other duties as the council may require.

Source:Laws 1879, § 21, p. 197; R.S.1913, § 5012; C.S.1922, § 4181; C.S.1929, § 17-120; R.S.1943, § 17-119.


Annotations

17-120. Public morals; powers; restrictions.

A city of the second class shall have power to restrain, prohibit, and suppress houses of prostitution and unlicensed tippling shops, gambling and gambling houses, and other disorderly houses and practices, and all kinds of public indecencies, and all lotteries or fraudulent devices and practices for the purpose of obtaining money or property, except that nothing in this section shall be construed to apply to bingo, lotteries, lotteries by the sale of pickle cards, or raffles conducted in accordance with the Nebraska Bingo Act, the Nebraska Lottery and Raffle Act, the Nebraska Pickle Card Lottery Act, the Nebraska Small Lottery and Raffle Act, or the State Lottery Act. It may license, regulate, or prohibit billiard halls and billiard tables, pool halls and pool tables, and bowling alleys.

Source:Laws 1879, § 39, I, p. 201; Laws 1881, c. 24, § 1, p. 194; R.S.1913, § 5014; Laws 1917, c. 99, § 1, p. 263; C.S.1922, § 4183; C.S.1929, § 17-122; R.S.1943, § 17-120; Laws 1986, LB 1027, § 189; Laws 1991, LB 849, § 62; Laws 1993, LB 138, § 64.


Cross References

Annotations

17-121. Health and sanitation; rules and regulations; board of health; members; powers.

(1) A city of the second class shall have power to make regulations to prevent the introduction and spread of contagious, infectious, or malignant diseases into the city, to make quarantine laws for that purpose, and to enforce the same.

(2) In cities with a commission form of government as provided in Chapter 19, article 4, and cities with a city manager plan of government as provided in Chapter 19, article 6, a board of health shall be created consisting of five members: The mayor, who shall be chairperson, and four other members. One member shall be a physician or health care provider, if one can be found who is willing to serve. Such physician or health care provider, if appointed, shall be the board's medical advisor. If the city manager has appointed a chief of police, the chief of police shall serve on the board as secretary and quarantine officer.

(3) In all other cities, a board of health shall be created consisting of four members: The mayor, who shall be chairperson, the president of the city council, and two other members. One member shall be a physician or health care provider, if one can be found who is willing to serve. Such physician or health care provider, if appointed, shall be the board's medical advisor. If the mayor has appointed a chief of police, the chief of police shall serve on the board as secretary and quarantine officer.

(4) A majority of such board shall constitute a quorum and shall enact rules and regulations, which shall have the force and effect of law, to safeguard the health of the people of such city, may enforce them, and may provide fines and punishments for the violation thereof. The board of health shall have power to and shall make all needful rules and regulations relating to matters of sanitation of such city, including the removal of dead animals, the sanitary condition of the streets, alleys, vacant grounds, stockyards, cattle and hog pens, wells, cisterns, privies, waterclosets, cesspools, stables, and all buildings and places not specified where filth, nuisances, or offensive matter is kept or is liable to or does accumulate. It may regulate, suppress, and prevent the occurrence of nuisances and enforce all laws of the state and ordinances of the city relating to the same or to matters of sanitation of such city. The board shall also have control of hospitals, dispensaries, places for treatment of sick, and matters relating to the same under such restrictions and provisions as may be provided by ordinance of such city.

Source:Laws 1879, § 39, II, p. 201; Laws 1881, c. 24, § 1, p. 194; Laws 1895, c. 14, § 1, II, p. 109; R.S.1913, § 5015; Laws 1919, c. 44, § 1, p. 128; C.S.1922, § 4184; C.S.1929, § 17-123; R.S.1943, § 17-121; Laws 1977, LB 190, § 2; Laws 1993, LB 119, § 2; Laws 1994, LB 1019, § 2; Laws 1996, LB 1162, § 1.


Annotations

17-122. Hospital; establishment and control.

A second-class city shall have power to erect, establish, and regulate hospitals, and to provide for the government and support of the same.

Source:Laws 1879, § 39, III, p. 201; Laws 1881, c. 24, § 1, p. 194; R.S.1913, § 5016; C.S.1922, § 4185; C.S.1929, § 17-124; R.S.1943, § 17-122.


17-123. Public health; regulations; water; power to supply.

A city of the second class shall have power to make regulations to secure the general health of the city, to prevent and remove nuisances within the city and within its one-mile zoning jurisdiction, and to provide the city with water.

Source:Laws 1879, § 39, IV, p. 201; Laws 1881, c. 24, § 1, p. 194; R.S.1913, § 5017; C.S.1922, § 4186; C.S.1929, § 17-125; R.S.1943, § 17-123; Laws 2015, LB266, § 8.    


Annotations

17-123.01. Litter; removal; notice; action by city or village.

Each city of the second-class and village may, by ordinance, prohibit and control the throwing, depositing, or accumulation of litter on any lot or piece of ground within the city or village or within its one-mile zoning jurisdiction and require the removal thereof so as to abate any nuisance occasioned thereby. If the owner fails to remove such litter, after five days' notice by publication and by certified mail, the city or village, through its proper officers, shall remove the litter or cause it to be removed and shall assess the cost thereof against the property so benefited as provided by ordinance.

Source:Laws 1975, LB 117, § 2; Laws 2015, LB266, § 9.    


17-124. Police; power to establish.

A second-class city shall have power to establish a night watch and police, and to define the duties and powers of the same.

Source:Laws 1879, § 39, V, p. 201; Laws 1881, c. 24, § 1, p. 195; R.S.1913, § 5018; C.S.1922, § 4187; C.S.1929, § 17-126; R.S.1943, § 17-124.


17-125. Transferred to sections 17-528.02 and 17-528.03.

17-126. Public market; establishment; regulation.

A second-class city shall have power to purchase, hold and own grounds for, and to erect, establish and regulate market houses and market places.

Source:Laws 1879, § 39, VII, p. 201; Laws 1881, c. 24, § 1, p. 195; R.S.1913, § 5020; C.S.1922, § 4189; C.S.1929, § 17-128; R.S.1943, § 17-126.


17-127. Public buildings; power to erect.

A second-class city shall have power to provide for the erection and government of any useful or necessary building for the use of the city.

Source:Laws 1879, § 39, VIII, p. 201; Laws 1881, c. 24, § 1, p. 195; R.S.1913, § 5021; C.S.1922, § 4190; C.S.1929, § 17-129; R.S.1943, § 17-127.


17-128. Sunday; business and amusements; regulation.

A second-class city shall have power to prevent any desecration of the Sabbath day, commonly called Sunday, and to prohibit public amusements, shows, exhibitions or ordinary business pursuits upon said day.

Source:Laws 1881, c. 24, § 1, p. 195; R.S.1913, § 5022; C.S.1922, § 4191; C.S.1929, § 17-130; R.S.1943, § 17-128.


17-129. Disorderly conduct; power to prevent.

A second-class city shall have power to prevent intoxication, fighting, quarreling, dog fights, cock fights, and all disorderly conduct.

Source:Laws 1881, c. 24, § 1, p. 195; R.S.1913, § 5023; C.S.1922, § 4192; C.S.1929, § 17-131; R.S.1943, § 17-129.


Annotations

17-130. Fire escapes; exits; regulation.

A second-class city shall have power to prevent the use of any opera house, city hall, church or other building resorted to by the people for worship, amusement or for public assemblages, unless such opera house, city hall, church or other building shall be provided with suitable, ample and sufficient fire escapes, and suitable, ample and sufficient means of exit and entrance.

Source:Laws 1881, c. 24, § 1, p. 195; R.S.1913, § 5024; C.S.1922, § 4193; C.S.1929, § 17-132; R.S.1943, § 17-130.


17-131. Safety regulations.

A second-class city shall have power to prescribe the thickness, strength, and manner of constructing stone, brick and other buildings, and to prescribe and direct the number and construction of means of exit and entrance and the construction of fire escapes.

Source:Laws 1881, c. 24, § 1, p. 196; R.S.1913, § 5025; C.S.1922, § 4194; C.S.1929, § 17-133; R.S.1943, § 17-131.


17-132. Places of amusement; safety regulations; revocation of license.

A second-class city shall have power to regulate, license, tax, and suppress places of amusement, and to revoke the licenses therefor when such places are not provided with sufficient and ample means of exit and entrance, and when the same are not safe for such uses, or when the licensee has been convicted of any violation of the ordinances in relation to such places, and to declare from time to time when such place or places are unsafe for such uses.

Source:Laws 1881, c. 24, § 1, p. 195; R.S.1913, § 5026; C.S.1922, § 4195; C.S.1929, § 17-134; R.S.1943, § 17-132.


Annotations

17-133. Hotels; cabs; runners for; licensing and regulation.

A second-class city shall have power to license, tax, and regulate runners for stages, cars, hotels, public buildings or other things or persons.

Source:Laws 1881, c. 24, § 1, p. 196; R.S.1913, § 5027; C.S.1922, § 4196; C.S.1929, § 17-135; R.S.1943, § 17-133.


17-134. Peddlers; pawnbrokers; entertainers; licensing and regulation.

A second-class city shall have power to license, tax, suppress, regulate and prohibit hawkers, peddlers, pawnbrokers, keepers of ordinaries, theatrical and other exhibitions, shows and other amusements, and to revoke such licenses at pleasure.

Source:Laws 1881, c. 24, § 1, p. 196; R.S.1913, § 5028; C.S.1922, § 4197; C.S.1929, § 17-136; R.S.1943, § 17-134.


17-135. Liquor; sale to minor; power to prohibit.

A second-class city shall have power to forbid, punish, and prohibit the selling or giving away of any intoxicating, malt, vinous, mixed, or fermented liquor to any minor.

Source:Laws 1881, c. 24, § 1, p. 196; R.S.1913, § 5029; C.S.1922, § 4198; C.S.1929, § 17-137; R.S.1943, § 17-135; Laws 1986, LB 1177, § 2.


Annotations

17-136. Fire hazards; elimination.

A second-class city shall have power to prevent the dangerous construction and condition of chimneys, fireplaces, hearths, stoves, stovepipes, ovens, boilers, apparatus used in and about any building or manufactory and to cause the same to be removed or placed in a safe condition, as the council may prescribe, when considered dangerous. It may regulate and prevent the carrying on of manufactories dangerous in causing and promoting fires. It may prevent the deposit of ashes in unsafe places, and cause all such buildings and enclosures as may be in a dangerous state to be put in safe condition.

Source:Laws 1881, c. 24, § 1, p. 196; R.S.1913, § 5030; C.S.1922, § 4199; C.S.1929, § 17-138; R.S.1943, § 17-136.


Annotations

17-137. Explosives; storage; fireworks; regulation.

A second-class city shall have power to regulate and prevent storage of gunpowder, tar, pitch, resin, coal oil, benzine, turpentine, hemp, cotton, nitroglycerine, petroleum or any of the productions thereof and other material, and the use of lights in stables and shops and other places, and the building of bonfires. It may regulate, prohibit and restrain the use of fireworks, firecrackers, Roman candles, sky rockets, and other pyrotechnic displays.

Source:Laws 1881, c. 24, § 1, p. 196; R.S.1913, § 5031; C.S.1922, § 4200; C.S.1929, § 17-139; R.S.1943, § 17-137.


17-138. Animals; cruelty, prevention of.

A second-class city shall have power to prohibit and punish cruelty to animals.

Source:Laws 1881, c. 24, § 1, p. 197; R.S.1913, § 5032; C.S.1922, § 4201; C.S.1929, § 17-140; R.S.1943, § 17-138.


17-139. Traffic; sales; regulation.

A second-class city shall have power by ordinance to regulate traffic and sales upon the streets, sidewalks and public places.

Source:Laws 1881, c. 24, § 1, p. 197; R.S.1913, § 5033; C.S.1922, § 4202; C.S.1929, § 17-141; R.S.1943, § 17-139.


Annotations

17-140. Signs and handbills; regulation.

A second-class city shall have power to regulate and prevent the use of streets, sidewalks, and public grounds for signs, sign posts, telegraph or other poles, racks, posting of handbills and advertisements.

Source:Laws 1881, c. 24, § 1, p. 197; R.S.1913, § 5034; C.S.1922, § 4203; C.S.1929, § 17-142; R.S.1943, § 17-140.


Annotations

17-141. Sidewalks and substructures; regulation.

A second-class city shall have power to regulate the use of sidewalks and all structures thereunder.

Source:Laws 1881, c. 24, § 1, p. 197; R.S.1913, § 5035; C.S.1922, § 4204; C.S.1929, § 17-143; R.S.1943, § 17-141.


Annotations

17-142. Streets; moving of buildings; other obstructions; regulation.

A second-class city shall have power to regulate and prevent the moving of buildings through the streets, and to regulate and prohibit the piling of building material, or any excavation or obstruction of the streets.

Source:Laws 1881, c. 24, § 1, p. 197; R.S.1913, § 5036; C.S.1922, § 4205; C.S.1929, § 17-144; R.S.1943, § 17-142.


17-143. Railroads; location, grade, and crossing; regulation.

A second-class city shall have power to provide for and change the location, grade, and crossing of any railroad.

Source:Laws 1881, c. 24, § 1, p. 197; R.S.1913, § 5037; C.S.1922, § 4206; C.S.1929, § 17-145; R.S.1943, § 17-143.


17-144. Railroads; crossings; grades; drainage; regulation.

A second-class city shall have power to require railroad companies to keep flagmen at railroad crossings of streets, and provide protection against injury to persons and property in the use of such railroads. It may compel any railroad to raise or lower its railroad tracks to conform to any grade which may at any time be established by such city or village, and, where such tracks run lengthwise of any street, alley or highway, to keep its railroad tracks on a level with the street surface, and so that such tracks may be crossed at any place on such alley or highway. It may compel and require railroad companies to make and keep open streets, and to keep in repair ditches, drains, sewers and culverts along and under their railroad tracks, so that filthy or stagnant pools of water cannot stand on their grounds or rights-of-way, and so that drainage of adjacent property or streets shall not be impeded.

Source:Laws 1881, c. 24, § 1, p. 197; R.S.1913, § 5038; C.S.1922, § 4207; C.S.1929, § 17-146; R.S.1943, § 17-144.


17-145. Sewers and drains; regulation.

A second-class city shall have power to construct and keep in repair culverts, drains, sewers and cesspools, and to regulate the use thereof.

Source:Laws 1881, c. 24, § 1, p. 198; R.S.1913, § 5039; C.S.1922, § 4208; C.S.1929, § 17-147; R.S.1943, § 17-145.


Annotations

17-146. Refunding bonds; power to issue.

A second-class city shall have power to issue bonds in place of, or to supply means to meet its maturing bonds, or for the consolidation or funding of the same.

Source:Laws 1881, c. 24, § 1, p. 198; R.S.1913, § 5040; C.S.1922, § 4209; C.S.1929, § 17-148; R.S.1943, § 17-146.


Annotations

17-147. Fire department; organization and equipment.

A second-class city shall have power to procure fire engines, hooks, ladders, buckets and other apparatus, to organize fire engine, hook and ladder, and bucket companies, 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.

Source:Laws 1879, § 39, IX, p. 201; Laws 1881, c. 24, § 1, p. 198; R.S.1913, § 5041; C.S.1922, § 4210; C.S.1929, § 17-149; R.S.1943, § 17-147.


Annotations

17-148. City council; president; acting president; powers.

The council shall elect one of its own body who shall be styled the president of the council and who shall preside at all meetings of the council in the absence of the mayor. In the absence of the president, it shall elect one of its own body to occupy his place temporarily, who shall be styled acting president of the council. The president, and acting president, when occupying the place of the 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.

Source:Laws 1879, § 39, X, p. 201; Laws 1881, c. 24, § 1, p. 198; R.S.1913, § 5042; C.S.1922, § 4211; C.S.1929, § 17-150; R.S.1943, § 17-148.


17-149. Sewerage and drainage; districts; regulation.

The mayor and council of any second-class city, or the board of trustees of any village, are hereby authorized to lay off such city and the territory one mile beyond its corporate limits into suitable districts for the purpose of establishing a system of sewerage and drainage. They may (1) provide such system; (2) regulate the construction, repairs, and use of sewers and drains and of all proper house connections and branches; (3) compel all proper connections therewith and branches from other streets, avenues, and alleys, and from private property; and (4) provide penalties for any obstruction of or injury to any sewer or part thereof, or failure to make connections therewith.

Source:Laws 1903, c. 22, § 1, p. 254; R.S.1913, § 5043; C.S.1922, § 4212; C.S.1929, § 17-151; R.S.1943, § 17-149; Laws 1949, c. 22, § 1(1), p. 94; Laws 1979, LB 136, § 2.


17-149.01. Sewerage and drainage; failure of property owner to connect; notice; cost; special assessment; collection.

If any property owner neglects or fails within a period of ten days after notice has been given to him or her by certified or registered mail or by publication in some newspaper published or of general circulation in such city or village to make connection with the sewerage system as provided in section 17-149, the governing body of such city or village may cause the connection to be done, assess the cost thereof against the property as a special assessment, and collect the special assessment in the manner provided for collection of other special assessments.

Source:Laws 1949, c. 22, § 1(2), p. 94; Laws 1987, LB 93, § 4; Laws 2015, LB361, § 28.    


17-150. Sewerage system; establishment; estimates; duties of engineer; contracts; advertisement for bids.

The city engineer, when ordered to do so by the city council, shall make all surveys, estimates and calculations necessary to be made for the establishment of a sewerage system, and of the cost of labor and materials therefor; Provided, the mayor and council may, when they deem it expedient, employ a special engineer to make or assist in making any estimate or survey herein provided for, and any estimate or survey made by such special engineer shall have the same validity, and serve in all respects as though made by the city engineer. Before the city council shall make any contract for building any such sewers or any part thereof, an estimate of the cost thereof shall be made by the city engineer, or by a special engineer as above, and submitted to the council, and no contract shall be entered into for the building of any such sewers or any part thereof for a price exceeding such estimate. In advertising for bids for any such work or materials, the council shall cause the amount of such estimate to be published therewith. Such advertisement shall be for at least twenty days in some newspaper published in the city.

Source:Laws 1903, c. 22, § 2, p. 255; R.S.1913, § 5044; C.S.1922, § 4213; C.S.1929, § 17-152; R.S.1943, § 17-150.


17-151. Sewerage system; establishment; borrowing money; conditions precedent.

Before submitting any proposition for borrowing money for the purposes mentioned in section 17-150, the mayor and council shall determine upon a system of sewerage and shall procure from the city engineer an estimate of the actual cost of such system and of the cost of so much thereof as the mayor and council may propose to construct, with the amount proposed to be borrowed and the plans of such system. Such estimate shall be placed and remain in the hands of the city clerk, subject to public inspection during all the time such proposition to borrow money shall be pending. After such system shall have been adopted, no change shall be made therein involving an expense of more than one thousand dollars, nor shall any system be adopted in lieu thereof, unless authorized by a vote of the people.

Source:Laws 1903, c. 22, § 4, p. 256; R.S.1913, § 5045; C.S.1922, § 4214; C.S.1929, § 17-153; R.S.1943, § 17-151.


17-152. Repealed. Laws 1983, LB 421, § 18.

17-153. Sewerage system; bonds; sinking funds; investment.

All taxes levied for the purpose of raising money to pay the interest or to create a sinking fund for the payment of the bonds provided for in section 17-925, shall be payable in money only; and, except as herein otherwise provided, no money so obtained shall be used for any other purpose than the payment of the interest or debt for the payment of which they shall have been raised; Provided, such sinking fund may, under the direction of the mayor and council, be invested in any of the underdue bonds issued by such city; Provided, they can be procured by the treasurer at such rate of premium as shall be prescribed by ordinance. Any due or overdue bond or coupon shall be a sufficient warrant or order for the payment of the same by the treasurer, out of any fund specially created for that purpose, without any further order or allowance by the mayor and council.

Source:Laws 1903, c. 22, § 8, p. 258; R.S.1913, § 5047; C.S.1922, § 4216; C.S.1929, § 17-155; R.S.1943, § 17-153.


17-154. Sewers; right-of-way; condemnation; procedure.

In case of the refusal of the owner or owners or claimant or claimants of any lands or any right-of-way, or any easement in any lands through which cities of the second class propose to construct any sewer or drain or any outlet for any sewer or drain, to allow the passage thereof, the city proposing to construct such sewer or drain, and desiring the right-of-way may proceed to acquire same by the exercise of the power of eminent domain. The procedure to condemn property shall be exercised in the manner set forth in sections 76-704 to 76-724.

Source:Laws 1905, c. 28, § 1, p. 253; R.S.1913, § 5049; C.S.1922, § 4218; C.S.1929, § 17-157; R.S.1943, § 17-154; Laws 1951, c. 101, § 55, p. 472.


17-155. Board of equalization; counties under township organization; members; meetings.

In all cities of the second class in counties under township organization, the city council and supervisors of such cities shall constitute a board of equalization for such city, whose duty it shall be to meet and equalize the assessments of such city at the same time and in the same manner as now provided by law for townships in counties under township organization.

Source:Laws 1889, c. 76, § 1, p. 537; R.S.1913, § 5050; C.S.1922, § 4219; C.S.1929, § 17-158; R.S.1943, § 17-155.


17-156. Joint city and school district facility; acquisition of land; erection, equipment, furnishings, and maintenance.

Any school district in this state which has within its boundaries, or is contiguous to, a city of the second class may, together with such city, jointly acquire land for, erect, equip, furnish, maintain, and operate a joint municipal and recreation building or joint recreational and athletic field to be used jointly by such school district and city.

Source:Laws 1953, c. 37, § 1, p. 128; Laws 1955, c. 39, § 1, p. 152; Laws 1961, c. 47, § 1, p. 184.


17-157. Joint city and school district facility; expense; bonds; election; approval by electors.

The cost and expense of acquiring land for, erecting, equipping, furnishing, and maintaining a joint municipal and recreation building or joint recreational and athletic field shall be borne by such school district and city in the proportion determined by the board of education of the school district and the city council of the city of the second class. The building shall not be erected or contracted to be erected, no land shall be acquired therefor, and no bonds shall be issued or sold by the school district or the city of the second class until the school district and the city of the second class have each been authorized to issue bonds to defray its proportion of the cost of such land, building, equipment, and furnishings by the required number of electors of the school district and the city of the second class in the manner provided by sections 10-702 to 10-716 and 17-954; Provided, when funds and property are available for such purpose, land may be acquired, buildings erected, or equipment and furnishings supplied by a joint resolution of the school district and the city of the second class without a vote of the people.

Source:Laws 1953, c. 37, § 2, p. 128; Laws 1955, c. 39, § 2, p. 152.


17-158. Joint city and school district facility; indebtedness; bonds; principal and interest; in addition to other limitations.

The amount of indebtedness, authorized to be incurred by any school district or city of the second class for the payment of principal and interest for the bonds authorized by the provisions of sections 17-156 to 17-162, shall be in addition to and over and above any limits now fixed by law.

Source:Laws 1953, c. 37, § 3, p. 128.


17-159. Joint city and school district facility; city council and board of education; building commission; powers; duties.

The members of the board of education of the school district and the city council of the city of the second class, which board and council have agreed to build a joint municipal and recreation building or joint recreational and athletic field, shall be the building commission to purchase the land for the building and to contract for the erection, equipment, and furnishings of the building or the recreational and athletic field. After the completion thereof, such building commission shall be in charge of the maintenance and repair thereof.

Source:Laws 1953, c. 37, § 4, p. 129; Laws 1955, c. 39, § 3, p. 153.


17-160. Joint city and school district facility; building commission; plans and specifications; personnel; compensation; contracts.

The building commission shall cause to be prepared building plans and specifications for the joint building or joint recreational and athletic field. It may employ architects, engineers, draftsmen, and such clerical help as may be deemed necessary for the purpose of preparing such plans and specifications. The compensation of such personnel shall be fixed by the commission and shall be paid in the same proportion as determined for defraying the cost thereof, as provided for in section 17-157. The contract for erecting the building, for the equipment, and for furnishings shall be let by the commission in the same manner as for other public buildings. The members of the commission shall receive no compensation for their services as members of the commission.

Source:Laws 1953, c. 37, § 5, p. 129; Laws 1955, c. 39, § 4, p. 153.


17-161. Joint city and school district facility; annual budget of city and school district.

The school district and the city of the second class shall each provide in their annual budgets an item for their proportion of the expense of maintaining such joint municipal and recreation building or joint recreational and athletic field.

Source:Laws 1953, c. 37, § 6, p. 129; Laws 1955, c. 39, § 5, p. 154.


17-162. Joint city and school district facility; building commission; accept gifts.

The building commission shall have power to accept gifts, devises, and bequests of real and personal property to carry out the purposes of sections 17-156 to 17-162 and, to the extent of the powers conferred upon such board by the provisions of sections 17-156 to 17-162, to execute and carry out such conditions as may be annexed to any such gifts, devises, or bequests.

Source:Laws 1953, c. 37, § 7, p. 129.


17-163. Offstreet parking; declaration of purpose.

State recognition is hereby given to the hazard created in the streets of cities of the second class of Nebraska by the great increase in the number of motor vehicles, buses, and trucks. In order to remove or reduce the hazards to life and property and the inconvenience of congested traffic on the streets in such cities in this state, it is hereby deemed necessary and of general benefit to the entire State of Nebraska to provide means for such cities in Nebraska to own offstreet vehicle parking facilities exclusively for the parking of motor vehicles.

Source:Laws 1957, c. 29, § 1, p. 185.


Cross References

17-164. Offstreet parking; facilities; acquisition; procedure.

Any city of the second class in Nebraska is hereby authorized to own, purchase, construct, equip, lease, or operate within such city offstreet motor vehicle parking facilities for the use of the general public. The grant of power herein does not include the power to engage, directly or indirectly, in the sale of gasoline, oil, or other merchandise or in the furnishing of any service other than that of parking motor vehicles as provided herein. Any such city shall have the authority to acquire by grant, contract, purchase, or through the condemnation of property, as provided by law for such acquisition, all real or personal property, including a site or sites on which to construct said facilities, necessary or convenient in the carrying out of this grant of power; Provided, that before any such city may commence a program to construct, purchase, or acquire by other means a proposed offstreet parking facility or facilities, notice shall be given, by publication once each week for not less than thirty days, inviting application for private ownership and operation of offstreet parking facilities, if no application or applications have been received or, if received, the same have been disapproved by the governing body of such city within ninety days from the first date of publication, then such city may proceed in the exercise of the powers herein granted.

Source:Laws 1957, c. 29, § 2, p. 186.

Note: "Herein" refers to sections 17-163 to 17-173.


17-165. Offstreet parking; revenue bonds; issuance; terms.

In order to pay the cost required by any purchase, construction, lease, or condemnation of property and equipping of such facilities, or the enlargement of presently owned facilities, the city may issue revenue bonds to provide the funds for such improvements. Such revenue bonds shall not be payable from any general tax upon the issuing municipality, but shall be a lien only upon the revenue and earnings of the parking facilities. Such revenue bonds shall mature in not to exceed forty years but may be optional prior to maturity at a premium as provided in the authorizing resolution or ordinance. Any such revenue bonds which may be issued shall not be included in computing the maximum amounts of bonds which the issuing city of the second class may be authorized to issue under its charter or any statute of this state. Such revenue bonds may be issued and sold or delivered to the contractor at par and accrued interest for the amount of work performed. If any city has installed or installs onstreet parking meters, it may pledge all or any part of the revenue of such parking meters, not previously pledged, as security for the bonds herein authorized.

Source:Laws 1957, c. 29, § 3, p. 186; Laws 1969, c. 51, § 42, p. 297.

Note: "Herein" refers to sections 17-163 to 17-173.


17-166. Offstreet parking; plans and specifications; coordination with traffic control program.

Before the issuance of any revenue bonds the city of the second class shall have an independent and qualified firm of engineers prepare plans and specifications for such improvements. In the preparation of the plans and specifications, the independent engineer shall collaborate and counsel with any city engineering or traffic departments so as to coordinate the program with the program for the control of traffic within such respective city.

Source:Laws 1957, c. 29, § 4, p. 187.


17-167. Offstreet parking; city council; rules and regulations; contracts; rates.

The governing body of any such city of the second class shall make all necessary rules and regulations governing the use, operation, and control thereof. In the exercise of the grant of power herein set forth, the city of the second class may make contracts with other departments of the city, or others, if such contracts are necessary and needed for the payment of the revenue bonds authorized herein and for the successful operation of the parking facilities. The governing board shall also establish and maintain equitable rates or charges for such services sufficient in amount to pay for the cost of operation, repair, and upkeep of the facilities to be purchased, acquired, or leased, and the principal of and interest on any revenue bonds issued pursuant to the provisions of sections 17-163 to 17-173. The governing body may also make any other agreements with the purchasers of the bonds for the security of the issuing city and the purchasers of such bonds not in contravention with the provisions of sections 17-163 to 17-173.

Source:Laws 1957, c. 29, § 5, p. 187.

Note: "Herein" refers to sections 17-163 to 17-173.


17-168. Offstreet parking; acquisition of facilities; submission at election; notice.

The mayor and council of a city of the second class adopting the proposition to make such purchase, or to erect such facility or facilities, set forth in section 17-164, before the purchase can be made or facility created, must submit the question to the electors of such city at a general municipal election or at an election duly called for that purpose and such question approved by a majority of the electors voting on it. If the question is submitted at a special election, the vote for the purchase or acquisition of such real estate or the purchase or erection of such facility or facilities shall equal at least a majority of the votes cast at the last preceding general election. Notice of the time and place of the election shall be given by publication in some legal newspaper printed and in general circulation in such city three successive weeks prior thereto.

Source:Laws 1957, c. 29, § 6, p. 188.


17-169. Offstreet parking; facilities; lease; controls retained; business restricted.

On the creation of such motor vehicle parking facility for the use of the general public, the city may, if it desires, lease such facility to one or more operators to provide for the efficient operation of the facility. Such lease shall be let on a competitive basis and no lease shall run for a period in excess of ten years. In granting any lease, the city shall retain such control of the facility as may be necessary to insure that the facility will be properly operated in the public interest and that the prices charged are reasonable. The provisions of sections 17-163 to 17-173 shall not be construed to authorize the city or the lessee of the facility to engage in the sale of any commodity, product, or service, or to engage in any business other than the purposes set forth in section 17-164.

Source:Laws 1957, c. 29, § 7, p. 188.


17-170. Offstreet parking; private parking lot; not subject to eminent domain.

Property now used or hereafter acquired for offstreet motor vehicle parking by a private operator shall not be subject to condemnation.

Source:Laws 1957, c. 29, § 8, p. 188.


17-171. Offstreet parking; rights of bondholders.

The provisions of sections 17-163 to 17-173 and of any ordinance authorizing the issuance of bonds under the provisions of sections 17-163 to 17-173 shall constitute a contract with the holders of such bonds, and any holder of a bond or bonds or any of the coupons of any bond or bonds of such municipality, issued under the provisions of sections 17-163 to 17-173, may either in law or in equity, by suit, action, mandamus, or other proceedings, enforce and compel the performance of all duties required by the provisions of sections 17-163 to 17-173 or by the ordinance authorizing the bonds, including the making and collection of sufficient charges and fees for service and the use thereof, and the application of income and revenue thereof.

Source:Laws 1957, c. 29, § 9, p. 189.


17-172. Offstreet parking; revenue; use.

Any city of the second class is authorized to use any or all of the revenue from onstreet parking meters for the purpose set forth in section 17-164 if such revenue has not been pledged for the payment of revenue bonds authorized herein.

Source:Laws 1957, c. 29, § 10, p. 189.

Note: "Herein" refers to sections 17-163 to 17-173.


17-173. Offstreet parking; supplementary powers.

Sections 17-163 to 17-173 are supplementary to existing statutes relating to cities of the second class and confer upon such cities powers not heretofore granted.

Source:Laws 1957, c. 29, § 11, p. 189.


17-174. City of second class; public passenger transportation system; acquire; accept funds; administration; powers.

A city of the second class shall have the power by ordinance to acquire, by the exercise of the power of eminent domain or otherwise, lease, purchase, construct, own, maintain, and operate, or contract for the operation of public passenger transportation systems, excluding railroad systems, including all property and facilities required therefor, within and without the limits of the city, to redeem such property from prior encumbrance in order to protect or preserve the interest of the city therein, to exercise all powers granted by the Constitution and laws of the State of Nebraska including but not limited to receiving and accepting from the government of the United States or any agency thereof, from the State of Nebraska, or any subdivision thereof, and from any person or corporation, donations, devises, gifts, bequests, loans, or grants for or in aid of the acquisition, operation, and maintenance of such public passenger transportation systems, and to administer, hold, use, and apply the same for the purposes for which such donations, devises, gifts, bequests, loans, or grants may have been made, to negotiate with employees and enter into contracts of employment, to employ by contract or otherwise individuals singularly or collectively, to enter into agreements authorized under the Interlocal Cooperation Act or the Joint Public Agency Act, and to exercise such other and further powers with respect thereto as may be necessary, incident, or appropriate to the powers of such city.

Source:Laws 1975, LB 395, § 2; Laws 1999, LB 87, § 62.    


Cross References

17-201. Village, defined; incorporation; restriction on territory; condition.

(1) Any town or village containing not less than one hundred nor more than eight hundred inhabitants incorporated as a city, town, or village under the laws of this state, any village that votes to retain village government as provided in section 17-312, and any city of the second class that has adopted village government as provided by sections 17-306 to 17-309 shall be a village and shall have the rights, powers, and immunities granted in sections 17-201 to 17-231, and none other, except that all county seat towns shall have the powers and immunities granted in sections 17-201 to 17-231. The population of a village shall consist of the people residing within the territorial boundaries of such village and the residents of any territory duly and properly annexed to such village.

(2) Whenever a majority of the taxable inhabitants of any town or village, not incorporated under any laws of this state, shall present a petition to the county board of the county in which the petitioners reside, praying that they may be incorporated as a village and designating the name they wish to assume and the metes and bounds of the proposed village, and such county board or majority of the members thereof shall be satisfied that a majority of the taxable inhabitants of the proposed village have signed such petition and that inhabitants to the number of one hundred or more are actual residents of the territory described in the petition, the board shall declare the proposed village incorporated, enter the order of incorporation upon its records, and designate the metes and bounds thereof. Thereafter the village shall be governed by the provisions of law applicable to the government of villages. The county board shall, at the time of the incorporation of the village, appoint five persons, having the qualifications provided in section 17-203, as trustees, who shall hold their offices and perform all the duties required of them by law until the election and qualification of their successors at the time and in the manner provided in section 17-202, except that the county board shall not declare a proposed village incorporated or enter an order of incorporation if any portion of the territory of such proposed village is within five miles of a Nebraska incorporated village or city of any class.

Source:Laws 1879, § 40, p. 202; Laws 1881, c. 22, § 1, p. 165; Laws 1913, c. 137, § 1, p. 335; R.S.1913, § 5051; C.S.1922, § 4223; C.S.1929, § 17-201; R.S.1943, § 17-201; Laws 1961, c. 48, § 1, p. 188; Laws 1969, c. 91, § 1, p. 454; Laws 1971, LB 62, § 2; Laws 1993, LB 726, § 7; Laws 2014, LB702, § 2.    


Annotations

17-201.01. Villages; incorporation; presumption of regularity of proceedings.

When a county board shall have entered an order declaring any village of the county as incorporated, it shall be conclusively presumed that said incorporation and all proceedings in connection therewith are valid in all respects notwithstanding some defect or defects may appear on the face of the record, or the absence of any record, unless an action shall be brought within one year from the date of entry of such order of the county board, attacking its validity.

Source:Laws 1961, c. 48, § 2, p. 189.


17-202. Board of trustees; election; terms.

The corporate powers and duties of every village shall be vested in the board of trustees which shall consist of five members. At the first statewide general election held after the incorporation of a village, two trustees shall be elected to serve two years and three trustees shall be elected to serve four years. Thereafter the board members shall be elected as provided in the Election Act. The terms shall begin on the first regular meeting of the board in December following the statewide general election. The terms of board members holding office on April 27, 1995, shall be extended to the first regular meeting of the board in December following the statewide general election. The changes made to this section by Laws 1994, LB 76, and Laws 1995, LB 194, shall not change the staggering of the terms of the board members in villages established prior to January 1, 1995.

Source:Laws 1879, § 41, p. 202; Laws 1899, c. 13, § 1, p. 78; R.S.1913, § 5052; C.S.1922, § 4224; C.S.1929, § 17-202; Laws 1943, c. 26, § 1, p. 120; R.S.1943, § 17-202; Laws 1969, c. 257, § 9, p. 936; Laws 1994, LB 76, § 493; Laws 1995, LB 194, § 3.


Cross References

17-203. Board of trustees; qualifications.

Any person may be a trustee who is a citizen of the United States, resides in the village, and is a registered voter.

Source:Laws 1879, § 42, p. 202; Laws 1899, c. 13, § 1, p. 78; R.S.1913, § 5053; Laws 1915, c. 90, § 1, p. 230; Laws 1921, c. 129, § 1, p. 539; C.S.1922, § 4225; C.S.1929, § 17-203; R.S.1943, § 17-203; Laws 1969, c. 257, § 10, p. 936; Laws 1973, LB 559, § 4; Laws 1994, LB 76, § 494.


17-203.01. Repealed. Laws 1994, LB 76, § 615.

17-204. Board of trustees; oath; meetings.

Every trustee, before entering upon the duties of his or her office, shall take an oath to support the Constitution of the United States and the Constitution of Nebraska and faithfully and impartially to discharge the duties of his or her office. Every board of trustees appointed by the county board shall meet within twenty days, organize, and appoint the officers required by law. All trustees elected to office shall qualify and meet on the first regular meeting of the board in December thereafter, organize, elect a chairperson of the board, and appoint the officers required by law. The board of trustees shall, by ordinance, fix the time and place of holding its stated meetings and may be convened at any time by the chairperson.

Source:Laws 1879, § 43, p. 203; Laws 1913, c. 216, § 1, p. 646; R.S.1913, § 5054; C.S.1922, § 4226; C.S.1929, § 17-204; R.S.1943, § 17-204; Laws 1974, LB 897, § 1; Laws 1995, LB 194, § 4.


Annotations

17-205. Board of trustees; quorum; compulsory attendance.

At all meetings of the board a majority of the trustees shall constitute a quorum to do business. A smaller number may adjourn from day to day, and may compel the attendance of absent members in such manner and under such penalties as the board of trustees by ordinance may have previously prescribed.

Source:Laws 1879, § 44, p. 203; R.S.1913, § 5055; C.S.1922, § 4227; C.S.1929, § 17-205; R.S.1943, § 17-205.


17-206. Board of trustees; journal; roll calls; public proceedings.

The board of trustees shall keep a journal of their proceedings, and at the desire of any member shall cause the yeas and nays to be taken and entered on the journal on any question or ordinance, and the proceedings shall be public.

Source:Laws 1879, § 45, p. 203; R.S.1913, § 5056; C.S.1922, § 4228; C.S.1929, § 17-206; R.S.1943, § 17-206.


17-207. Board of trustees; powers; restrictions.

The board of trustees shall have power to pass ordinances to prevent and remove nuisances within the village or within its one-mile zoning jurisdiction; to restrain and prohibit gambling; to provide for licensing and regulating theatrical and other amusements within the village; to prevent the introduction and spread of contagious diseases; to establish and regulate markets; to erect and repair bridges; to erect, repair, and regulate wharves and the rates of wharfage; to regulate the landing of watercraft; to provide for the inspection of building materials to be used or offered for sale in the village; to govern the planting and protection of shade trees in the streets and the building of structures projecting upon or over and adjoining, and all excavations through and under, the sidewalks of the village; and in addition to the special powers herein conferred and granted, to maintain the peace, good government, and welfare of the village and its trade, commerce, and manufactories, and to enforce all ordinances by inflicting penalties upon inhabitants or other persons, for the violation thereof, not exceeding five hundred dollars for any one offense, recoverable with costs. Nothing in this section shall be construed to apply to bingo, lotteries, lotteries by the sale of pickle cards, or raffles conducted in accordance with the Nebraska Bingo Act, the Nebraska Lottery and Raffle Act, the Nebraska Pickle Card Lottery Act, the Nebraska Small Lottery and Raffle Act, or the State Lottery Act.

Source:Laws 1879, § 46, p. 203; Laws 1907, c. 15, § 1, p. 123; R.S.1913, § 5057; C.S.1922, § 4229; C.S.1929, § 17-207; R.S.1943, § 17-207; Laws 1986, LB 1027, § 190; Laws 1991, LB 849, § 63; Laws 1993, LB 138, § 65; Laws 1999, LB 128, § 1;    Laws 2015, LB266, § 10.    


Cross References

Annotations

17-207.01. Offstreet motor vehicle parking; acquisition; procedure.

Any village in Nebraska is hereby authorized to own, purchase, construct, equip, lease, or operate within such village offstreet motor vehicle parking facilities for the use of the general public. The grant of power herein does not include the power to engage, directly or indirectly, in the sale of gasoline, oil, or other merchandise or in the furnishing of any service other than that of parking motor vehicles as provided herein. Any village shall have the authority to acquire by grant, contract, purchase, or through the condemnation of property, as provided by law for such acquisition, all real or personal property, including a site or sites on which to construct said facilities, necessary or convenient in the carrying out of this grant of power; Provided, that before any village may commence a program to construct, purchase, or acquire by other means a proposed offstreet parking facility or facilities, notice shall be given, by publication once each week for not less than thirty days, inviting application for private ownership and operation of offstreet parking facilities. If no application or applications have been received or, if received, the same have been disapproved by the governing body of such village within ninety days from the first date of publication, then such village may proceed in the exercise of the powers herein granted.

Source:Laws 1961, c. 50, § 1, p. 191.


17-207.02. Offstreet motor vehicle parking; acquisition; board of trustees; powers.

The powers granted by section 17-207.01 shall be exercised in the manner and be subject to all the terms, conditions, and limitations provided in sections 17-163 to 17-173.

Source:Laws 1961, c. 50, § 2, p. 192.


17-208. Appointive officers; term of office; police officer; removal, demotion, or suspension; procedure; board of health; members; duties.

(1) The village board of trustees may appoint a village clerk, treasurer, attorney, overseer of the streets, and marshal or chief of police and other such officers as shall be required by ordinance or otherwise required by law.

(2)(a) The village marshal or chief of police or any other police officer may appeal to the village board his or her removal, demotion, or suspension with or without pay. After a hearing, the village board may uphold, reverse, or modify the action.

(b) The village board of trustees shall by ordinance adopt rules and regulations governing the removal, demotion, or suspension with or without pay of any police officer, including the village marshal or chief of police. The ordinance shall include a procedure for such removal, demotion, or suspension with or without pay of any police officer, including the village marshal or chief of police, upon the written accusation of the village marshal or chief of police, the chairperson, or any citizen or taxpayer. The village board of trustees shall establish by ordinance procedures for acting upon such written accusation, including: (i) Provisions for giving notice and a copy of the written accusation to the police officer; (ii) the police officer's right to have an attorney or representative retained by the police officer present with him or her at all hearings or proceedings regarding the written accusation; (iii) the right of the police officer or his or her attorney or representative retained by the police officer to be heard and present evidence; and (iv) the right of the police officer as well as the individual imposing the action or their respective attorneys or representatives to record all hearings or proceedings regarding the written accusation. The ordinance shall also include a procedure for making application for an appeal, specifications on the period of time within which such application shall be made, and provisions on the manner in which the appeals hearing shall be conducted. Both the police officer and the individual imposing the action or their respective attorneys or representatives shall have the right at the hearing to be heard and to present evidence to the village board for its consideration. Not later than thirty days following the adjournment of the meeting at which the hearing was held, the village board shall vote to uphold, reverse, or modify the action. The failure of the village board to act within thirty days or the failure of a majority of the elected board members to vote to reverse or modify the action shall be construed as a vote to uphold the action. The decision of the village board shall be based upon its determination that, under the facts and evidence presented at the hearing, the action was necessary for the proper management and the effective operation of the police department in the performance of its duties under the statutes of the State of Nebraska. Nothing in this section shall be construed to prevent the preemptory suspension or immediate removal from duty of an officer by the appropriate authority, pending the hearing authorized by this section, in cases of gross misconduct, neglect of duty, or disobedience of orders.

(c) This subsection does not apply to a police officer during his or her probationary period.

(3) The village board of trustees shall also appoint a board of health consisting of three members: The chairperson of the village board, who shall be chairperson, and two other members. One member shall be a physician or health care provider, if one can be found who is willing to serve. Such physician or health care provider, if appointed, shall be the board's medical advisor. If the village board of trustees has appointed a marshal or chief of police, the marshal or chief of police may be appointed to the board and serve as secretary and quarantine officer. A majority of the board of health shall constitute a quorum and shall enact rules and regulations, which shall have the force and effect of law, to safeguard the health of the people of such village and prevent nuisances and unsanitary conditions. The board of health shall enforce the same and provide fines and punishments for violations.

(4) The village clerk, treasurer, attorney, overseer of the streets, members of the board of health, and other appointed officers, except regular police officers, shall hold office for one year unless removed by the chairperson of the village board with the advice and consent of the trustees.

Source:Laws 1879, § 47, p. 204; Laws 1885, c. 18, § 1, p. 158; Laws 1895, c. 15, § 1, p. 110; Laws 1911, c. 20, § 1, p. 137; R.S.1913, § 5058; Laws 1919, c. 165, § 1, p. 369; C.S.1922, § 4230; C.S.1929, § 17-208; R.S.1943, § 17-208; Laws 1995, LB 346, § 2; Laws 1996, LB 1162, § 2; Laws 2009, LB158, § 2;    Laws 2011, LB308, § 2.    


Annotations

17-209. Appointed officers and employees; compensation; fixed by ordinance.

The appointive officials and other employees of the village shall receive such compensation as the chairman and board of trustees shall designate by ordinance; and the annual salary of the chairman and other members of the board of trustees shall be fixed by ordinance.

Source:Laws 1879, § 48, p. 204; Laws 1885, c. 18, § 1, p. 159; R.S.1913, § 5059; C.S.1922, § 4231; C.S.1929, § 17-209; Laws 1935, c. 36, § 4, p. 149; Laws 1937, c. 32, § 1, p. 157; C.S.Supp.,1941, § 17-209; Laws 1943, c. 30, § 3, p. 140; R.S.1943, § 17-209; Laws 1945, c. 26, § 1, p. 137; Laws 1947, c. 31, § 2(1), p. 141; Laws 1949, c. 21, § 2, p. 92; Laws 1961, c. 49, § 1, p. 190; Laws 1969, c. 89, § 2, p. 452.


17-209.01. Repealed. Laws 1949, c. 21, § 4.

17-209.02. Officers and employees; merger of offices; salaries.

The local governing body of a village may by ordinance combine and merge any elective or appointive office or employment or any combination of duties of any such offices or employments, except trustee, with any other elective or appointive office or employment so that one or more of such offices or employments or any combination of duties of any such offices or employments may be held by the same officer or employee at the same time, except that trustees may perform and upon board approval receive compensation for seasonal or emergency work subject to sections 49-14,103.01 to 49-14,103.06. The offices or employments so merged and combined shall always be construed to be separate and the effect of the combination or merger shall be limited to a consolidation of official duties only. The salary or compensation of the officer or employee holding the merged and combined offices or employments or offices and employments shall not be in excess of the maximum amount provided by law for the salary or compensation of the office, offices, employment, or employments so merged and combined. For purposes of this section, volunteer firefighters and ambulance drivers shall not be considered officers.

Source:Laws 1945, c. 25, § 2, p. 135; R.S.Supp.,1945, § 17-209.01; Laws 1972, LB 1032, § 106; Laws 1984, LB 368, § 3; Laws 1984, LB 682, § 8; Laws 1986, LB 548, § 9; Laws 1990, LB 756, § 3.


17-210. Board of trustees; ordinances; publication; chairman pro tempore.

The chairman of the board of trustees shall cause the ordinances of the board to be printed and published for the information of the inhabitants, and cause the same to be carried into effect. In the absence of the chairman of the board from any meeting of the board of trustees, such board shall have power to appoint a chairman pro tempore, who shall exercise and have the powers and perform the same duties as the regular chairman.

Source:Laws 1879, § 49, p. 204; R.S.1913, § 5060; C.S.1922, § 4232; C.S.1929, § 17-210; R.S.1943, § 17-210.


17-211. Elections; notice of.

The municipal clerk shall give public notice of the time and place of holding each election, the notice to be given not less than ten nor more than twenty days previous to the election.

Source:Laws 1879, § 50, p. 205; R.S.1913, § 5061; C.S.1922, § 4233; C.S.1929, § 17-211; R.S.1943, § 17-211; Laws 1959, c. 60, § 54, p. 272.


17-212. Elections; officers of election; vacancies; how filled.

If, on any day appointed for holding any election, any of the judges or clerks of election shall fail to attend, the electors present may fill such vacancies from among the qualified electors present.

Source:Laws 1879, § 51, p. 205; R.S.1913, § 5062; C.S.1922, § 4234; C.S.1929, § 17-212; R.S.1943, § 17-212.


17-213. Village marshal; powers and duties.

The marshal shall be chief of police, and shall at all times have power to make or order an arrest with proper process, for any offense against the laws of the state or ordinances of the village, and bring the offender to trial before the proper officer, and to arrest without process in all cases where any such offense shall be committed or attempted to be committed in his presence.

Source:Laws 1885, c. 18, § 1, p. 160; R.S.1913, § 5063; C.S.1922, § 4235; C.S.1929, § 17-213; R.S.1943, § 17-213; Laws 1972, LB 1032, § 106.


Cross References

Annotations

17-214. Overseer of streets; power and duties.

The overseer of streets shall, subject to the order of the board of such village, have general charge, direction and control of all works on streets, sidewalks, culverts and bridges of the village, and shall perform such other duties as the board may direct.

Source:Laws 1885, c. 18, § 1, p. 160; R.S.1913, § 5064; C.S.1922, § 4236; C.S.1929, § 17-214; R.S.1943, § 17-214.


17-215. Village; dissolution; how effected.

Any village of the State of Nebraska incorporated under the laws of this state shall abolish its incorporation whenever a majority of the registered voters of the village, voting on the question of such abolishment, shall so decide in the manner provided in sections 17-215 to 17-219.03.

Source:Laws 1885, c. 17, § 1, p. 156; R.S.1913, § 5065; C.S.1922, § 4237; C.S.1929, § 17-215; R.S.1943, § 17-215; Laws 1998, LB 1346, § 2.


Annotations

17-215.01. Village; dissolution; county, defined.

For purposes of sections 17-215 to 17-219.03, when reference is made to the county within which the village is located and the village is located in more than one county, county means the county within which the greater portion of the area of the village is located.

Source:Laws 1998, LB 1346, § 1.


17-216. Village; dissolution; petition or resolution; election.

(1) Whenever a petition or petitions for submission of the question of the abolishment of incorporation to the registered voters of any village, signed by not less than one-third of the registered voters of the village, is filed in the office of the county clerk or election commissioner of the county in which such village is situated, the county clerk or election commissioner shall cause such question to be submitted to the registered voters of the village as provided in this section and give notice thereof in the general notice of the election at which the question will be submitted.

(2) Whenever two-thirds of the members of the board of trustees of any village, by resolution following a public hearing, vote to submit the question of the abolishment of the incorporation of the village, the resolution shall be filed in the office of the county clerk or election commissioner of the county in which such village is situated and the county clerk or election commissioner shall cause such question to be submitted to the registered voters of the village as provided in this section and give notice thereof in the general notice of the election at which the question will be submitted.

(3) If a petition or resolution is filed with the county clerk or election commissioner, the county clerk or election commissioner shall cause such question to be submitted to the registered voters of the village at the next primary or general election which is scheduled to be held more than seventy days after the date upon which the petition or resolution is filed. If the petition or resolution calls for a vote on the question at a special election to be called for that purpose, the county clerk or election commissioner shall cause a special election to be called for the purpose of placing the question before the registered voters and the election shall be called not sooner than sixty days nor later than seventy days after the date of the filing of the petition or resolution. If a petition is filed at any time other than within one hundred eighty days prior to a primary or general election and the petition does not call for the question to be considered at a special election, the board of trustees may, by majority vote, call for the county clerk or election commissioner to cause the matter to be placed upon the ballot at a special election on a date certain specified by the board, except that such date shall not be sooner than sixty days after the date upon which the petition was filed.

(4) If the question of abolishment of incorporation is submitted to the voters and such question receives a favorable vote by a majority of those voting on the issue, the governing board of such village shall file with the Secretary of State a certified statement showing the total votes for and against such measure.

Source:Laws 1885, c. 17, § 2, p. 157; R.S.1913, § 5066; C.S.1922, § 4238; C.S.1929, § 17-216; R.S.1943, § 17-216; Laws 1973, LB 559, § 5; Laws 1998, LB 1346, § 3.


17-217. Village; dissolution; election; form of ballot.

The forms of ballot shall be, respectively, For abolishment of incorporation, and Against abolishment of incorporation, and the same shall be printed upon a separate ballot, and shall be counted and canvassed in the same manner as other ballots voted at the election.

Source:Laws 1885, c. 17, § 3, p. 157; R.S.1913, § 5067; C.S.1922, § 4239; C.S.1929, § 17-217; R.S.1943, § 17-217; Laws 1973, LB 559, § 6.


17-218. Village; dissolution; when effective.

(1) If it is decided at such election that incorporation of the village be abolished, then, from and after the effective date of the abolishment of the incorporation as determined by the county board as provided in subsection (2) of this section, the incorporation of the village shall cease and be abolished, and the area formerly encompassed within the boundaries of the village shall thereafter be governed by county commissioners as provided by law for unincorporated areas within the county. Upon such date, the terms of office of all elected and appointed officers and employees of the village shall end.

(2) Within fifty days after the date of the election at which the registered voters of the village approve the abolishment of the village's incorporation, the county board of the county within which the village is located shall, by resolution, specify the month, day, and year upon which the abolishment of the incorporation becomes effective. The effective date shall not be later than (a) six calendar months following the date of the election or (b) if there are liabilities of the village which cannot be retired except by means of a continuing property tax levy by the village, the date such liabilities can be paid, whichever is later. The county clerk shall transmit a copy of the resolution to the Secretary of State.

Source:Laws 1885, c. 17, § 4, p. 157; R.S.1913, § 5068; C.S.1922, § 4240; C.S.1929, § 17-218; R.S.1943, § 17-218; Laws 1998, LB 1346, § 4.


17-219. Village; dissolution; village property, records, and funds; disposition.

Upon the effective date of the abolishment of incorporation, all corporate property and corporate records belonging to the village shall be transferred to the county board of the county in which the village is located. All funds of the village not otherwise disposed of shall be transferred to the county treasurer to be paid out by order of the county board as it sees fit.

Source:Laws 1885, c. 17, § 5, p. 157; R.S.1913, § 5069; C.S.1922, § 4241; C.S.1929, § 17-219; R.S.1943, § 17-219; Laws 1998, LB 1346, § 5.


17-219.01. Village; dissolution; property; sale by county board; when authorized.

Notwithstanding any more general law respecting revenue, the county board in any county in this state in which the incorporation of any village has been abolished according to law shall advertise and sell all corporate property of the village for which the county itself has no use or which remains unsold or undisposed of after the expiration of six months from the effective date of the abolishment of the incorporation of such village as provided by the county board for liquidation of any liabilities of the village. After the effective date of the abolishment of the incorporation of the village, the county board shall treat all real estate listed and described in the original plat of such village upon which the owner thereof has failed and neglected to pay the taxes thereon as if such taxes were originally levied by the county and, notwithstanding any other provision of law, the taxes shall be deemed to have been levied by the county as of the date of the original levy by the village and due and owing as provided by law to the county.

Source:Laws 1935, c. 158, § 1, p. 581; C.S.Supp.,1941, § 17-227; R.S.1943, § 17-219.01; R.S.1943, (1987), § 17-226; Laws 1998, LB 1346, § 6.


17-219.02. Village; dissolution; property; sale; notice.

The county treasurer shall, before selling any property under section 17-219.01, give notice of the sale thereof in the same manner as notice is given when lands are sold under execution by the sheriff, and the sale shall likewise be conducted in the same manner as execution sales.

Source:Laws 1935, c. 158, § 2, p. 581; C.S.Supp.,1941, § 17-228; R.S.1943, § 17-219.02; R.S.1943, (1987), § 17-227; Laws 1998, LB 1346, § 7.


17-219.03. Village; dissolution; board of trustees; county board; duties.

(1) On and after the date of a vote by a majority of the registered voters of a village voting on the question in favor of the abolishment of the incorporation of a village, the board of trustees shall not expend any funds of the village, liquidate any village assets, whether such assets are real or personal property, or otherwise encumber or exercise any authority over the property or funds of the village without the prior approval of the county board of the county within which the village is located.

(2) Within ten days after a vote by a majority of the registered voters of a village voting on the question in favor of the abolishment of the incorporation of a village, the board of trustees shall meet and approve a resolution setting out with particularity all of the assets and liabilities of the village, including a full and complete inventory of all property, real and personal, owned by the village. The resolution shall be transmitted to the county clerk of the county within which the village is located, and the county clerk shall provide copies to the members of the county board.

(3) If the liabilities of the village exceed the value of all the assets of the village, the county board shall, within twenty days after the receipt of the resolution by the county clerk, schedule a joint meeting between the village board of trustees and the county board to review the resolution and discuss how to liquidate the liabilities with the village board of trustees.

(4) Within thirty days after the date upon which the joint meeting is held pursuant to subsection (3) of this section, the county board shall adopt a plan for the liquidation of village assets to retire the liabilities of the village.

Source:Laws 1935, c. 158, § 3, p. 581; C.S.Supp.,1941, § 17-229; R.S.1943, § 17-219.03; R.S.1943, (1987), § 17-228; Laws 1998, LB 1346, § 8.


17-220. Village situated in more than one county; how organized.

A majority of the taxable inhabitants of any village situated in two or more counties may present a petition to the county board of any county in which any part of such village is situated, praying that they may be incorporated as a village; and such county board shall act upon the petition the same as if the village were situated wholly within the county where the petition shall be presented. If the county board shall declare such village incorporated, the village shall thereafter be governed by the provisions of the statutes of this state applicable to the government of villages. The county clerk of said county shall immediately certify the proceedings relating to the incorporation of such village to the county board of each other county in which any part of said village is situated, and each county board to which the said proceedings shall be certified shall enter such proceedings upon their records.

Source:Laws 1893, c. 9, § 1, p. 138; R.S.1913, § 5069; C.S.1922, § 4242; C.S.1929, § 17-220; R.S.1943, § 17-220.


Annotations

17-221. Repealed. Laws 1994, LB 76, § 615.

17-222. Village situated in more than one county; jails.

Any incorporated village situated in two or more counties may have the right to use the jails of any and all counties in which any part of such village is situated.

Source:Laws 1893, c. 9, § 4, p. 139; R.S.1913, § 5072; C.S.1922, § 4244; C.S.1929, § 17-222; R.S.1943, § 17-222.


17-223. Village situated in more than one county; tax; how certified.

Taxes levied for village purposes, in villages situated in two or more counties, shall be certified to the county clerk of each county in which any part of such village is situated, and said county clerks shall place the same on the proper tax list.

Source:Laws 1893, c. 9, § 5, p. 139; R.S.1913, § 5073; C.S.1922, § 4245; C.S.1929, § 17-223; R.S.1943, § 17-223.


Annotations

17-224. Village situated in more than one county; legal notices; publication.

All notices and other publications, required by law to be published in any county in which any part of an incorporated village is situated, may be published in any newspaper published in such village, and such publication shall have the same force and effect as it would have if published in every county in which any part of such village is situated.

Source:Laws 1893, c. 9, § 7, p. 140; R.S.1913, § 5074; C.S.1922, § 4246; C.S.1929, § 17-224; R.S.1943, § 17-224.


17-225. Railroads; blocking crossings; penalty.

It shall be unlawful for any railroad company or for any of its officers, agents, servants or employees to obstruct with car or cars, engine or engines, or with any other rolling stock, for more than ten minutes at a time, any public highway, street or alley in any unincorporated town or village in the State of Nebraska. Any corporation, person, firm or individual violating any provision of this section shall, upon conviction thereof, be fined in any sum not less than ten dollars nor more than one hundred dollars.

Source:Laws 1907, c. 109, § 1, p. 384; Laws 1907, c. 109, § 2, p. 384; R.S.1913, § 5075; C.S.1922, § 4247; C.S.1929, § 17-225; R.S.1943, § 17-225.


17-226. Transferred to section 17-219.01.

17-227. Transferred to section 17-219.02.

17-228. Transferred to section 17-219.03.

17-229. Street improvement program; authorization; tax levy.

If the board of trustees of a village in the State of Nebraska by a three-fourths vote of the members elected to the board determines by ordinance the necessity of initiating a street improvements program within the village, which improvements are in the nature of a general benefit to the whole community and not of special benefit to adjoining or to abutting property and which consists of graveling, base stabilization, oiling, or other improvements to the streets, but which improvements do not consist of curb and gutter or asphalt or concrete pavings, the chairperson and board of trustees may, by such ordinance, provide for the levy and collection of a special tax not exceeding seventeen and five-tenths cents on each one hundred dollars on the taxable value of all the taxable property in the village for a period of not to exceed five years to create a fund for the payment of such improvements.

Source:Laws 1963, c. 85, § 1, p. 293; Laws 1979, LB 187, § 46; Laws 1992, LB 719A, § 49.


17-230. Street improvement program; tax levy limitation.

Any such levy shall not be considered within the limitation on the village for the levy of taxes as contained in section 17-702.

Source:Laws 1963, c. 85, § 2, p. 293; Laws 1965, c. 69, § 2, p. 290; Laws 1979, LB 187, § 47.


17-231. Street improvement program; construction of improvements; issuance of warrants; interest; unused funds transferred to general fund.

In order to construct the improvements as outlined in section 17-229 pursuant to such determination of necessity, the chairperson and board of trustees may proceed from time to time to make such improvements costing not exceeding eighty-five percent of the amount of taxes to be collected. In order to allow the construction of the contemplated improvements immediately, the chairperson and board of trustees may issue warrants from time to time in the aggregate amount of eighty-five percent of the estimated taxes to be collected over the period of years provided for the levy, the amount of such warrants authorized to be issued to be based upon the amount of revenue to be raised by the tax to be levied and the taxable valuation of the taxable property in the village at the time the determination of necessity is made by ordinance multiplied by the number of years the tax has to run. The warrants shall not bear interest in excess of six percent per annum, may be issued in such denominations as the chairperson and board of trustees may determine, and shall be paid from the collection of the special tax levy. Any unpaid amount of the levy after the payment of any such warrants in full, including both principal and interest, shall be transferred to the general fund.

Source:Laws 1963, c. 85, § 3, p. 293; Laws 1979, LB 187, § 48; Laws 1992, LB 719A, § 50.


17-301. City of the first class; reorganization as city of the second class; procedure; mayor, city council, and Secretary of State; duties.

(1) This section applies to cities of the first class whose population is less than five thousand inhabitants but more than eight hundred inhabitants according to the federal decennial census conducted in the year 2010 or any subsequent federal decennial census.

(2)(a) If a city of the first class has a population of less than five thousand inhabitants but not less than four thousand inhabitants, as ascertained and officially promulgated by the most recent federal decennial census, the mayor of the city shall certify such fact to the Secretary of State. If the mayor and city council of the city determine that it is in the best interests of such city to become a city of the second class, the mayor and city council shall adopt an ordinance to that effect and shall notify the Secretary of State and notice and a copy of such ordinance shall accompany the certification. If the Secretary of State receives such notification, he or she shall declare such city to be a city of the second class. If the mayor and city council determine that it is in the best interests of such city to remain a city of the first class, they shall submit to the Secretary of State, within nine years after the certification is required to be submitted pursuant to this subdivision, an explanation of the city's plan to increase the city's population.

(b) If a city of the first class has a population of less than five thousand inhabitants but not less than four thousand inhabitants, as ascertained and officially promulgated by the most recent federal decennial census immediately following the census referred to in subdivision (a) of this subsection, the mayor of the city shall certify such fact to the Secretary of State. If the mayor and city council of the city determine that it is in the best interests of such city to become a city of the second class, the mayor and city council shall adopt an ordinance to that effect and shall notify the Secretary of State and notice and a copy of such ordinance shall accompany the certification. If the Secretary of State receives such notification, he or she shall declare such city to be a city of the second class.

(c) If a city of the first class has a population of less than five thousand inhabitants but not less than four thousand inhabitants, as ascertained and officially promulgated by the most recent federal decennial census immediately following the census referred to in subdivision (b) of this subsection, the mayor of the city shall certify such fact to the Secretary of State. After receipt of such certification, the Secretary of State shall declare such city to be a city of the second class.

(3) If a city of the first class has a population of less than four thousand inhabitants but more than eight hundred inhabitants, as ascertained and officially promulgated by the most recent federal decennial census, the mayor of the city shall certify such fact to the Secretary of State. After receipt of such certification, the Secretary of State shall declare such city to be a city of the second class.

(4) Beginning on the date upon which a city becomes a city of the second class pursuant to section 17-305, such city shall be governed by the laws of this state applicable to cities of the second class.

Source:Laws 1933, c. 112, § 1, p. 452; C.S.Supp.,1941, § 17-162; R.S.1943, § 17-301; Laws 1984, LB 1119, § 3; Laws 2002, LB 729, § 5;    Laws 2010, LB919, § 1.    


Annotations

17-302. Government pending reorganization.

The government of a city shall continue, as organized at the date of the declaration of the Secretary of State under section 17-301, until the reorganization of the same under section 17-305.

Source:Laws 1933, c. 112, § 2, p. 453; C.S.Supp.,1941, § 17-163; R.S.1943, § 17-302; Laws 2002, LB 729, § 6.    


Annotations

17-303. Wards; establish.

The mayor and council shall, within ninety days after the declaration of the Secretary of State under section 17-301, divide the city into not less than two nor more than six wards as may be provided by ordinance of the mayor and city council thereof. Such wards shall contain, as nearly as practicable, an equal area and an equal number of legal voters. Such division and boundaries of such wards, so to be defined by ordinance, shall take effect on the first day of the first succeeding municipal year following the next general city election after such reorganization. Any council member whose term continues, by reason of his or her prior election under the statutes governing cities of the first class, through another year or years beyond the date of the reorganization as a city of the second class shall continue to hold his or her office as council member from the ward in which he or she is a resident as if elected for the same term under the statutes governing cities of the second class.

Source:Laws 1933, c. 112, § 3, p. 453; C.S.Supp.,1941, § 17-164; R.S.1943, § 17-303; Laws 2002, LB 729, § 7.    


Annotations

17-304. Reorganization; council; members; qualifications.

After the terms of members of the city council in office at the time shall have expired, the council shall consist of not less than four nor more than twelve citizens of said city, who shall be qualified electors under the Constitution and laws of the State of Nebraska.

Source:Laws 1933, c. 112, § 4, p. 454; C.S.Supp.,1941, § 17-165; R.S.1943, § 17-304; Laws 1973, LB 559, § 7.


Annotations

17-305. Reorganization; existing ordinances; effect; modification.

(1) Upon the expiration of one year after the date of the declaration of the Secretary of State under section 17-301, the city shall be, as of that date, incorporated as a city of the second class. All ordinances, bylaws, acts, regulations, obligations, rules, and proclamations existing and in force in or with respect to any such city at the time of the declaration of the Secretary of State under section 17-301 shall be and remain in full force and effect for a period of one year and may be enacted, altered, or amended during such period in a manner consistent with the statutes governing cities of the first class, except that any such acts, alterations, or amendments shall not be effective beyond the date upon which the city is incorporated as a city of the second class.

(2) Notwithstanding the provisions of subsection (1) of this section, a city shall amend, repeal, or modify all ordinances, bylaws, acts, regulations, obligations, rules, and proclamations which are existing and in force in or with respect to such city at the time of the declaration of the Secretary of State under section 17-301 and which are inconsistent with the statutes governing cities of the second class in a manner which is in conformance and consistent with the statutes governing cities of the second class to take effect upon the effective date of the city's incorporation as a city of the second class.

Source:Laws 1933, c. 112, § 5, p. 454; C.S.Supp.,1941, § 17-166; R.S.1943, § 17-305; Laws 1984, LB 1119, § 4; Laws 2002, LB 729, § 8.    


Annotations

17-305.01. Repealed. Laws 2010, LB 919, § 3.

17-306. City of the second class; reorganization as village; petition; election.

(1) The registered voters of a city of the second class may vote to discontinue organization as a city of the second class and organize as a village. The issue may be placed before the voters by a resolution adopted by the city council or by petition signed by one-fourth of the registered voters of such city.

(2) The petitions shall conform to section 32-628. The Secretary of State shall design the form to be used for the petitions. Petition signers and petition circulators shall conform to the requirements of sections 32-629 and 32-630. The city council shall submit the petitions to the election commissioner or county clerk for signature verification pursuant to section 32-631. The required number of signatures shall be one-fourth of the number of voters registered in the city at the last statewide general election. The election commissioner or county clerk shall notify the city council within thirty days after receiving the petitions from the city council whether the required number of signatures has been gathered. The city shall reimburse the county for any costs incurred by the election commissioner or county clerk.

(3) If the city council determines that the petitions are in proper form and signed by the necessary number of registered voters or after adoption of the resolution by the city council, the city council shall submit the question to the voters of whether to discontinue organization as a city of the second class and organize as a village at a special election pursuant to section 32-559 or at the same time as a local or statewide primary or general election held in the city of the second class. The form of ballot shall be For organization as a village, and Against organization as a village, and at the same election the voters shall vote for five trustees for the village. If a majority of the votes cast are For organization as a village, then such city shall within sixty days after such election become a village and be governed under the laws of this state applicable to a village unless at some future election such village votes to reorganize as a city of the second class in the manner provided in section 17-306.01.

Source:Laws 1879, § 53, p. 205; Laws 1909, c. 21, § 1, p. 189; R.S.1913, § 5077; C.S.1922, § 4249; C.S.1929, § 17-301; R.S.1943, § 17-306; Laws 1972, LB 661, § 3; Laws 2014, LB702, § 3.    


Annotations

17-306.01. Village reorganized from city of second class; discontinuation; reorganize as city of the second class; petition; election.

(1) The registered voters of a village which was reorganized under section 17-306 from a city of the second class to a village may vote to discontinue organization as a village and reorganize as a city of the second class under this section if the population exceeds eight hundred inhabitants. The issue may be placed before the voters by a resolution adopted by the board of trustees of the village or by petition signed by one-fourth of the registered voters of the village.

(2) The petitions shall conform to section 32-628. The Secretary of State shall design the form to be used for the petitions. Petition signers and petition circulators shall conform to the requirements of sections 32-629 and 32-630. The board of trustees shall submit the petitions to the election commissioner or county clerk for signature verification pursuant to section 32-631. The required number of signatures shall be one-fourth of the number of voters registered in the village at the last statewide general election. The election commissioner or county clerk shall notify the board of trustees within thirty days after receiving the petitions from the board of trustees whether the required number of signatures has been gathered. The village shall reimburse the county for any costs incurred by the election commissioner or county clerk.

(3) If the board of trustees determines that the petitions are in proper form and signed by the necessary number of registered voters or after adoption of the resolution by the board of trustees, the board of trustees shall submit the question to the voters of whether to organize as a city of the second class at a special election pursuant to section 32-559 or at the same time as a local or statewide primary or general election held in the village. The form of the ballot at such election shall be For reorganization of the Village of ......... as a city of the second class and Against reorganization of the Village of ........ as a city of the second class.

(4) If the majority of the votes cast are for reorganization as a city of the second class, the board of trustees shall certify such fact to the Secretary of State who, upon the filing of such a certificate, shall by proclamation so declare and shall declare such village to have become a city of the second class. Thereafter such village shall become a city of the second class and such city shall be governed under the laws of this state applicable to cities of the second class. The government of such city shall continue as organized at the date of such proclamation until the reorganization as a city of the second class.

(5) Upon such proclamation, the governing body of the city shall call a special election for the purpose of electing new members of the city's governing body to be held not more than eight months after the proclamation is issued. At the initial election of officers, the names of the candidates receiving the greatest number of votes at the primary election if one is held shall be placed on the general election ballot. One-half or the bare majority of the candidates in each precinct or ward or at-large candidates, as the case may be, receiving the greatest number of votes at the general election, shall be elected to terms of the longest duration, and those receiving the next greatest number of votes shall be elected to the remaining term or terms. Thereafter all members shall be nominated at the statewide primary election and elected at the statewide general election for four-year terms as provided in section 32-533. The members of the board of trustees shall hold office only until the newly elected city officials assume office.

(6) All ordinances, bylaws, acts, rules, regulations, obligations, and proclamations existing and in force in or with respect to any village at the time of its incorporation as a city of the second class shall remain in full force and effect after such incorporation as a city of the second class until repealed or modified by such city within one year after the date of the filing of the certificate pursuant to subsection (4) of this section.

Source:Laws 2014, LB702, § 4.    


17-307. Transferred to section 17-312.

17-308. Reorganization; transfer of property; how effected.

If village government shall have been adopted as aforesaid, the board of trustees shall, at the expiration of sixty days from said election, enter upon the duties of their offices; and all books, papers, records, money and property of such city shall be delivered over to the board of trustees; and the authority of the city council and all city officers shall cease from and after the taking effect of village government in such city.

Source:Laws 1879, § 54, p. 206; R.S.1913, § 5078; C.S.1922, § 4250; C.S.1929, § 17-302; R.S.1943, § 17-308.


17-309. Reorganization; existing ordinances; effect; debts; taxes.

All ordinances of the city shall remain and be in full force in the village until amended or repealed by the board of trustees, and the board shall provide for the payment of the city indebtedness, and levy necessary taxes therefor as if the same had been incurred by the village.

Source:Laws 1879, § 55, p. 206; R.S.1913, § 5079; C.S.1922, § 4251; C.S.1929, § 17-303; R.S.1943, § 17-309.


17-310. Decrease in population; remain city of the second class.

Whenever any city of the second class decreases in population until it has a population of less than eight hundred inhabitants and more than one hundred inhabitants, as ascertained and officially promulgated by the census, enumeration, and return taken by the United States, by the State of Nebraska, or by the authority of the mayor and council of such city, and the mayor and council decide by ordinance to remain a city of the second class, the mayor shall certify such fact to the Secretary of State who, upon the filing of such a certificate, shall by proclamation so declare and shall declare such city to remain a city of the second class. Such city shall continue to be governed by laws of this state applicable to cities of the second class.

Source:Laws 1984, LB 1119, § 5.


17-311. Village; increase in population; reorganization as city of the second class.

(1) Except as provided in section 17-312, whenever any village increases in population until it has a population of more than eight hundred inhabitants but less than five thousand inhabitants, as ascertained and officially promulgated by the census, enumeration, and return taken by the United States, by the State of Nebraska, or by the authority of the village board of such village, the village board shall certify such fact to the Secretary of State who, upon the filing of such a certificate, shall by proclamation so declare and shall declare such village to have become a city of the second class. Thereafter such city shall be governed by the laws of this state applicable to cities of the second class. The government of such city shall continue as organized at the date of such proclamation until the reorganization as a city of the second class.

(2) If any village becomes a city of the second class, the governing body shall call a special election for the purpose of electing new members of the city's governing body to be held not more than eight months after the proclamation is issued. At the initial election of officers, the names of the candidates receiving the greatest number of votes at the primary election if one is held shall be placed on the general election ballot. One-half or the bare majority of the candidates in each precinct or ward or at-large candidates, as the case may be, receiving the greatest number of votes at the general election, shall be elected to terms of the longest duration, and those receiving the next greatest number of votes shall be elected to the remaining term or terms. The members of the village board of trustees shall hold office only until the newly elected city officials assume office. All ordinances, bylaws, acts, rules, regulations, obligations, and proclamations existing and in force in or with respect to any village at the time of its incorporation as a city of the second class shall remain in full force and effect after such incorporation as a city of the second class until repealed or modified by such city within one year after the date of the filing of the certificate pursuant to subsection (1) of this section.

Source:Laws 1984, LB 1119, § 6; Laws 1988, LB 796, § 2; Laws 1994, LB 76, § 495.


17-312. Village; retention of village government; petition; election.

(1) Whenever any village attains a population exceeding eight hundred inhabitants, the registered voters of the village may vote to retain a village form of government. The issue may be placed before the voters by a resolution adopted by the board of trustees of the village or by petition signed by one-fourth of the registered voters of the village.

(2) The petitions shall conform to section 32-628. The Secretary of State shall design the form to be used for the petitions. Petition signers and petition circulators shall conform to the requirements of sections 32-629 and 32-630. The board of trustees shall submit the petitions to the election commissioner or county clerk for signature verification pursuant to section 32-631. The required number of signatures shall be one-fourth of the number of voters registered in the village at the last statewide general election. The election commissioner or county clerk shall notify the board of trustees within thirty days after receiving the petitions from the board of trustees whether the required number of signatures has been gathered. The village shall reimburse the county for any costs incurred by the election commissioner or county clerk.

(3) If the board of trustees determines that the petitions are in proper form and signed by the necessary number of registered voters or after adoption of the resolution by the board of trustees, the board of trustees shall submit the question to the voters of whether to retain the village form of government at a special election pursuant to section 32-559 or at the same time as a local or statewide primary or general election held in the village. The form of the ballot at such election shall be For retention of village government and Against retention of village government. If the majority of the votes cast are for retention of village government, then such village shall remain a village and be governed under the laws of this state applicable to villages unless at some future election such village votes to reorganize as a city of the second class in the manner provided in section 17-313.

(4) If the question is submitted at a special election, such election shall be held not later than October 15 of an odd-numbered year. If the question is rejected, city of the second class officials shall be elected at the next regularly scheduled election.

(5) If the question is submitted at a regularly scheduled election, no village trustees shall be elected at such election, but trustees whose terms are to expire following such election shall hold office until either their successors or city officials take office as follows:

(a) If the question is rejected, the village board shall call a special election, to be held not more than eight months after the election at which the question was rejected, for the purpose of electing city officials under the provisions of law relating to cities of the second class. The terms of office for such officials shall be established pursuant to section 17-311. The members of the board of trustees shall hold office only until the newly elected city officials assume office; and

(b) If the question is approved, the village board shall call a special election, to be held not more than eight months after the election at which the question was approved, for the purpose of electing successors to those members of the village board who held office beyond the normal expiration of their terms. Such special election shall be conducted under the provisions of law relating to villages. Persons so elected shall take office as soon after the completion of the canvass of the votes as is practicable, and their terms of office shall be as if the holdovers had not occurred.

Source:Laws 1909, c. 21, § 1, p. 190; R.S.1913, § 5007; C.S.1922, § 4249; C.S.1929, § 17-301; R.S.1943, § 17-307; Laws 1969, c. 91, § 2, p. 455; Laws 1971, LB 62, § 3; Laws 1972, LB 661, § 4; Laws 1988, LB 796, § 1; R.S.Supp.,1990, § 17-307; Laws 1994, LB 76, § 496; Laws 2014, LB702, § 5.    


17-313. Village; organize as city of second class; petition; election.

(1) The registered voters of a village may vote to discontinue organization as a village and organize as a city of the second class under this section if the population of the village exceeds eight hundred inhabitants and the prior vote pursuant to section 17-312 was in favor of retaining the village form of government. The issue may be placed before the voters by a resolution adopted by the board of trustees of the village or by petition signed by one-fourth of the registered voters of the village.

(2) The petitions shall conform to section 32-628. The Secretary of State shall design the form to be used for the petitions. Petition signers and petition circulators shall conform to the requirements of sections 32-629 and 32-630. The board of trustees shall submit the petitions to the election commissioner or county clerk for signature verification pursuant to section 32-631. The required number of signatures shall be one-fourth of the number of voters registered in the village at the last statewide general election. The election commissioner or county clerk shall notify the board of trustees within thirty days after receiving the petitions from the board of trustees whether the required number of signatures has been gathered. The village shall reimburse the county for any costs incurred by the election commissioner or county clerk.

(3) If the board of trustees determines that the petitions are in proper form and signed by the necessary number of registered voters or after adoption of the resolution by the board of trustees, the board of trustees shall submit the question to the voters of whether to organize as a city of the second class at a special election pursuant to section 32-559 or at the same time as a local or statewide primary or general election held in the village. The form of the ballot at such election shall be For reorganization of the Village of ......... as a city of the second class and Against reorganization of the Village of ........ as a city of the second class.

(4) If the majority of the votes cast are for reorganization as a city of the second class, the board of trustees shall certify such fact to the Secretary of State who, upon the filing of such a certificate, shall by proclamation declare such village to have become a city of the second class. Thereafter such village is a city of the second class, and such city shall be governed under the laws of this state applicable to cities of the second class. The government of such city shall continue as organized at the date of such proclamation until the reorganization as a city of the second class.

(5) Upon such proclamation, the governing body of the city shall call a special election for the purpose of electing new members of the city's governing body to be held not more than eight months after the proclamation is issued. At the initial election of officers, the names of the candidates receiving the greatest number of votes at the primary election if one is held shall be placed on the general election ballot. One-half or the bare majority of the candidates in each precinct or ward or at-large candidates, as the case may be, receiving the greatest number of votes at the general election, shall be elected to terms of the longest duration, and those receiving the next greatest number of votes shall be elected to the remaining term or terms. Thereafter all members shall be nominated at the statewide primary election and elected at the statewide general election for four-year terms as provided in section 32-533. The members of the board of trustees shall hold office only until the newly elected city officials assume office.

(6) All ordinances, bylaws, acts, rules, regulations, obligations, and proclamations existing and in force in or with respect to any village at the time of its incorporation as a city of the second class shall remain in full force and effect after such incorporation as a city of the second class until repealed or modified by such city within one year after the date of the filing of the certificate pursuant to subsection (4) of this section.

Source:Laws 2014, LB702, § 6.    


17-401. Consolidation; authority.

Any two or more cities of the second class or villages, lying adjacent to each other, may consolidate and become one city or municipal corporation, as the case may be, and under the name and with all the powers, obligations, and duties of the city or municipal corporation whose name shall be assumed and adopted in the proceedings provided in sections 17-402 and 17-403.

Source:Laws 1879, § 91, p. 228; R.S.1913, § 5082; C.S.1922, § 4254; C.S.1929, § 17-403; R.S.1943, § 17-401.


17-402. Consolidation; procedure.

When any city or village shall desire to be annexed to another and contiguous city or village, the city council or trustees of each city or village shall appoint three commissioners to arrange and report to such council or trustees respectively the terms and conditions on which the proposed annexation can be made; and, if the council or trustees of each such city or village approve of the terms and conditions proposed, they shall, by proper ordinance, so declare; and thereupon the council or trustees of each of such cities or villages by ordinance passed at least one month prior to the general annual election therein, may submit the question of such annexation, upon the terms and conditions so proposed, to the electors of their respective cities or villages; and if a majority of the electors of each vote in favor of such annexation the council or trustees of each shall, by proper ordinance, so declare. A certified copy of the whole proceedings of the city or village shall be filed with the clerk of the city or village to which the annexation is made.

Source:Laws 1879, § 92, p. 228; R.S.1913, § 5083; C.S.1922, § 4255; C.S.1929, § 17-404; R.S.1943, § 17-402.


17-403. Consolidation; when effective; existing rights and liabilities preserved.

When certified copies of the proceedings for annexation are filed, as contemplated in section 17-402, the annexation shall be deemed complete; and the city or village to which annexation is made shall have the power to pass such ordinances, not inconsistent with law, as will carry into effect the terms of such annexation. Thereafter the city or village annexed shall be governed as part of the city or village to which annexation is made; Provided, such annexation shall not affect or impair any rights or liabilities then existing for or against either of such cities or villages, but they may be enforced the same as if no such annexation had taken place.

Source:Laws 1879, § 93, p. 228; R.S.1913, § 5084; C.S.1922, § 4256; C.S.1929, § 17-405; R.S.1943, § 17-403.


Annotations

17-404. Consolidation; property.

When a city or village is thus annexed to another, the property, both real and personal, the notes, bonds, obligations, accounts, demands, evidences of debt, rights, and choses in action, franchises, books, records, maps, plats, and effects of every nature, of and belonging to the two adjacent cities or municipal corporations so annexed, shall be the property of and belong to the corporation to which it is annexed.

Source:Laws 1879, § 94, p. 229; R.S.1913, § 5085; C.S.1922, § 4257; C.S.1929, § 17-406; R.S.1943, § 17-404.


17-405. Contiguous land; annexation; petition; plat; approval of council; recording; effect.

(1) Whenever the owner or owners and inhabitants, or a majority thereof in numbers or value, of any territory lying contiguous to the corporate limits of any city or village, whether the territory be already in fact subdivided into lots or parcels of ten acres or less or remains unsubdivided, except as provided in section 13-1115, shall desire to annex such territory to any city or village, they shall first cause an accurate plat or map of the territory to be made, showing such territory subdivided into blocks and lots, conforming as nearly as may be to the blocks, lots, and streets of the adjacent city or village. It shall also show the descriptions and numberings, as provided in section 17-415, for platting additions, and conforming thereto as nearly as may be.

(2) Said plat or map shall be prepared under the supervision of the city engineer in cases of annexation to adjacent cities, and under the supervision of a competent surveyor in any case. A copy of said plat or map, certified by said engineer or surveyor, as the case may be, shall be filed in the office of the clerk of the city or village, together with a request in writing, signed by a majority of the property owners and inhabitants in number and value of the territory described in said plat for the annexation of said territory. The city council or board of trustees shall, at the next regular meeting thereof after the filing of such plat and request for annexation, vote upon the question of such annexation, and such vote shall be spread upon the journal of said council or board of trustees. If a majority of all the members of the council or board of trustees vote for such annexation, an ordinance shall be prepared and passed by the council or board declaring the annexation of such territory to the corporate limits of the city or village, and extending the limits thereof accordingly.

(3) An accurate map or plat of such territory certified by the engineer or surveyor, and acknowledged and proved as provided by law in such cases shall at once be filed and recorded in the office of the county clerk or register of deeds and county assessor of the proper county, together with a certified copy of the ordinance declaring such annexation, under the seal of the city or village. Thereupon such annexation of such adjacent territory shall be deemed complete, and the territory included and described in the plat on file in the office of the clerk or register of deeds shall be deemed and held to be a part of said original corporate city or village, and the inhabitants thereof shall thereafter enjoy the privileges and benefits of such annexation, and be subject to the ordinances and regulations of said city or village.

Source:Laws 1879, § 95, p. 229; Laws 1881, c. 23, § 10, p. 188; R.S.1913, § 5086; C.S.1922, § 4253; C.S.1929, § 17-407; R.S.1943, § 17-405; Laws 1957, c. 51, § 11, p. 243; Laws 1965, c. 64, § 1, p. 281; Laws 1974, LB 757, § 4.


Annotations

17-405.01. Annexation; powers; restrictions.

(1) Except as provided in subsection (2) of this section and section 17-407, the mayor and council of any city of the second class or the chairperson and members of the board of trustees of any village may by ordinance, except as provided in sections 13-1111 to 13-1118, at any time, include within the corporate limits of such city or village any contiguous or adjacent lands, lots, tracts, streets, or highways as are urban or suburban in character, and in such direction as may be deemed proper. Such grant of power shall not be construed as conferring power to extend the limits of any municipality over any agricultural lands which are rural in character.

(2) The mayor and city council of any city of the second class or the chairperson and members of the board of trustees of any village may, by ordinance, annex any lands, lots, tracts, streets, or highways which constitute a redevelopment project area so designated by the city or village or its community redevelopment authority in accordance with the provisions of the Community Development Law and sections 18-2145 to 18-2154 when such annexation is for the purpose of implementing a lawfully adopted redevelopment plan containing a provision dividing ad valorem taxes as provided in subsection (1) of section 18-2147 and which will involve the construction or development of an agricultural processing facility, notwithstanding that such lands, lots, tracts, streets, or highways are not contiguous or adjacent or are not urban or suburban in character. Such annexation shall comply with all other provisions of law relating to annexation generally for cities of the second class and villages. The city or village shall not, in consequence of the annexation under this subsection of any noncontiguous land, exercise the authority granted to it by statute to extend its jurisdiction beyond its corporate boundaries for purposes of planning, zoning, or subdivision development without the agreement of any other city, village, or county currently exercising such jurisdiction over the area surrounding the annexed redevelopment project area. The annexation of any noncontiguous land undertaken pursuant to this subsection shall not result in any change in the service area of any electric utility without the express agreement of the electric utility serving the annexed noncontiguous area at the time of annexation, except that at such time following the annexation of the noncontiguous area as the city or village lawfully annexes sufficient intervening territory so as to directly connect the noncontiguous area to the main body of the city or village, such noncontiguous area shall, solely for the purposes of section 70-1008, be treated as if it had been annexed by the city or village on the date upon which the connecting intervening territory had been formally annexed.

(3) For the purposes of subsection (2) of this section, agricultural processing facility means a plant or establishment where value is added to agricultural commodities through processing, fabrication, or other means and where eighty percent or more of the direct sales from the facility are to other than the ultimate consumer of the processed commodities. A facility shall not qualify as an agricultural processing facility unless its construction or development involves the investment of more than one million dollars derived from nongovernmental sources.

Source:Laws 1967, c. 74, § 1, p. 240; Laws 1997, LB 875, § 1; Laws 2009, LB495, § 6.    


Cross References

Annotations

17-405.02. Contiguous land, defined.

Lands, lots, tracts, streets, or highways shall be deemed contiguous although a stream, roadway, embankment, strip, or parcel of land not more than five hundred feet wide lies between the same and the corporate limits.

Source:Laws 1967, c. 74, § 2, p. 241; Laws 1971, LB 890, § 1.


17-405.03. Use regulations; effect of annexation.

Any extraterritorial property use regulations imposed upon any annexed lands by the municipality before such annexation shall continue in full force and effect until otherwise changed.

Source:Laws 1967, c. 74, § 3, p. 241.


17-405.04. Inhabitants of annexed land; benefits; ordinances.

The inhabitants of territories annexed under the provisions of sections 17-405.01 to 17-405.05 shall receive substantially the benefits of other inhabitants of such municipality as soon as practicable, and adequate plans and necessary city council or village board action to furnish such benefits as police, fire, snow removal, and water service must be adopted not later than one year after the date of annexation, and such inhabitants shall be subject to the ordinances and regulations of such municipality; Provided, that such one-year period shall be tolled pending final court decision in any court action to contest such annexation.

Source:Laws 1967, c. 74, § 4, p. 241.


17-405.05. City or village in two or more counties; annexation by city or village; procedure.

When any city or village situated in two or more counties shall desire to annex to its corporate limits any contiguous territory, whether within the counties within which said city or village is situated or otherwise, such territory may be annexed in the manner provided by sections 17-405.01 to 17-405.04.

Source:Laws 1903, c. 23, § 2, p. 259; R.S.1913, § 5089; C.S.1922, § 4262; C.S.1929, § 17-411; R.S.1943, § 17-413; Laws 1967, c. 74, § 5, p. 241; R.S.1943, (1987), § 17-413.


Annotations

17-406. City or village in two or more counties; annexation; petition of owners; procedure.

Whenever the owner, owners, and inhabitants or a majority thereof in number or value of any territory lying contiguous to the corporate limits of any city or village, the corporate limits of which city or village is situated in two or more counties and, whether the territory shall be situated within or without the counties of which said city or village is a part, except as provided in section 13-1115, shall desire to annex said territory to such city or village, such territory may be annexed in the manner provided in section 17-405, and when so annexed shall thereafter be a part of such city or village.

Source:Laws 1903, c. 23, § 1, p. 259; R.S.1913, § 5087; C.S.1922, § 4259; C.S.1929, § 17-408; R.S.1943, § 17-406; Laws 1957, c. 51, § 12, p. 245.


17-407. Annexation by city or village within county between 100,000 and 200,000 inhabitants; mayor and council or chairperson and board of trustees; powers; notice; contents; liability; limitation on action.

(1) The provisions of this section shall govern annexation by a city of the second class or village located in whole or in part within the boundaries of a county having a population in excess of one hundred thousand inhabitants but less than two hundred thousand inhabitants.

(2) The mayor and council of any city of the second class or the chairperson and members of the board of trustees of any village described in subsection (1) of this section may by ordinance, except as provided in sections 13-1111 to 13-1118, at any time include within the corporate limits of such city or village any contiguous or adjacent lands, lots, tracts, streets, or highways as are urban or suburban in character and in such direction as may be deemed proper. Such grant of power shall not be construed as conferring power to extend the limits of any such municipality over any agricultural lands which are rural in character.

(3) Not later than fourteen days prior to the public hearing before the planning commission on a proposed annexation by the city or village, the city or village clerk shall send notice of the proposed annexation by certified mail, return receipt requested, to any of the following entities serving customers in such city or village or in the area proposed for annexation: Any natural gas public utility as defined in section 66-1802; any natural gas utility owned or operated by the city or village; any metropolitan utilities district; any public power district; any public power and irrigation district; any municipality; any electric cooperative; and any other governmental entity providing electric service. Such notice shall include a copy of the proposed annexation ordinance, the date, time, and place of the public hearing before the planning commission on the proposed annexation ordinance, and a map showing the boundaries of the area proposed for annexation.

(4) Prior to the final adoption of the annexation ordinance, the minutes of the city council or village board meeting at which such final adoption was considered shall reflect formal compliance with the provisions of subsection (3) of this section.

(5) No additional or further notice beyond that required by subsection (3) of this section shall be necessary in the event (a) that the scheduled city council or village board public hearing on the proposed annexation is adjourned, continued, or postponed until a later date or (b) that subsequent to providing such notice the ordinance regarding such proposed annexation was amended, changed, or rejected by action of the city council or village board prior to formal passage of the annexation ordinance.

(6) Except for a willful or deliberate failure to cause notice to be given, no annexation decision made by a city of the second class or village either to accept or reject a proposed annexation, either in whole or in part, shall be void, invalidated, or affected in any way because of any irregularity, defect, error, or failure on the part of the city or village or its employees to cause notice to be given as required by this section if a reasonable attempt to comply with this section was made.

(7) Except for a willful or deliberate failure to cause notice to be given, the city or village and its employees shall not be liable for any damage to any person resulting from any failure to cause notice to be given as required by this section when a reasonable attempt was made to provide such notice. No action for damages resulting from the failure to cause notice to be provided as required by this section shall be filed more than one year following the date of the formal acceptance or rejection of the proposed annexation, either in whole or in part, by the city council or village board.

(8) No action to challenge the validity of the acceptance or rejection of a proposed annexation on the basis of this section shall be filed more than one year following the date of the formal acceptance or rejection of the annexation by the city council or village board.

Source:Laws 2009, LB495, § 7.    


17-408. Repealed. Laws 1967, c. 74, § 6.

17-409. Repealed. Laws 1967, c. 74, § 6.

17-410. Repealed. Laws 1967, c. 74, § 6.

17-411. Repealed. Laws 1967, c. 74, § 6.

17-412. State-owned land; effect of annexation.

The extension of the city limits beyond or around any lands belonging to the State of Nebraska shall not affect the status of such state land.

Source:Laws 1917, c. 101, § 2, p. 267; C.S.1922, § 4261; C.S.1929, § 17-410; R.S.1943, § 17-412.


17-413. Transferred to section 17-405.05.

17-414. Land within corporate limits; disconnection; procedure.

Whenever a majority of the legal voters residing on any territory within and adjacent to the corporate limits of any city or village or the owner or owners of any unoccupied territory so situated desire to have the territory disconnected from the city or village, they may file a petition in the district court of the county in which such city or village is situated praying that such territory be detached. The petitioners shall, within ten days after the filing of such petition, cause a copy thereof to be served on such city or village in the manner provided by law for the service of summons in a civil action. If any city or village by a majority vote of all members of the council or board of trustees consents that such territory be disconnected, the court shall enter a decree disconnecting the territory, and in such case no costs shall be taxed against such city or village. In case such a city or village desires to contest such petition, it shall file its answer thereto within thirty days after the service of a copy of the petition, and thereupon issue shall be joined and the cause shall be tried by the court as a suit in equity. If the court finds in favor of the petitioners and that justice and equity require that such territory, or any part thereof, be disconnected from such city or village, it shall enter a decree accordingly. In all cases such a decree disconnecting part or all of such territory shall particularly describe the territory affected and a certified copy thereof shall be recorded in the office of the register of deeds or county clerk of the county in which such territory is situated. A certified copy thereof shall also be forwarded to and filed in the office of the clerk of the city or village affected thereby. Either party may prosecute an appeal from the finding and decree of the district court to the Court of Appeals.

Source:Laws 1879, § 101, p. 232; Laws 1881, c. 23, § 12, p. 192; Laws 1901, c. 20, § 1, p. 320; R.S.1913, § 5090; C.S.1922, § 4263; C.S.1929, § 17-412; R.S.1943, § 17-414; Laws 1945, c. 27, § 1, p. 138; Laws 1991, LB 732, § 20.


Annotations

17-415. Additions; plat; contents; duty to file.

Every original owner or proprietor of any tract or parcel of land, who shall subdivide the same into two or more parts for the purpose of laying out any city or village or any addition thereto or any part thereof, or suburban lots, shall cause a plat of such subdivision, with references to known or permanent monuments, to be made, which shall accurately describe all subdivisions of such tract or parcel of land, numbering the same by progressive numbers, and giving the dimensions and length and breadth thereof, and the breadth and courses of all streets and alleys established therein. Descriptions of lots or parcels of land in such subdivisions, according to the number and designation thereof on such plat contained, in conveyances or for the purposes of taxation, shall be deemed good and valid for all purposes. The duty to file for record a plat as provided herein shall attach as a covenant of warranty in all conveyances hereafter made of any part or parcel of such subdivision by the original owners or proprietors against any and all assessments, costs and damages paid, lost or incurred by any grantee or person claiming under him, in consequence of the omission on the part of the owner or proprietors to file such plat.

Source:Laws 1879, § 104, p. 233; R.S.1913, § 5092; C.S.1922, § 4265; C.S.1929, § 17-414; R.S.1943, § 17-415; Laws 1967, c. 75, § 3, p. 243.


Annotations

17-416. Additions; plat; acknowledgment; filing.

Every such plat shall contain a statement to the effect that the above or foregoing subdivision of (here insert a correct description of the land or parcel subdivided), as appears on this plat, is made with the free consent and in accordance with the desire of the undersigned owners and proprietors, and shall be duly acknowledged before some officer authorized to take the acknowledgment of deeds. When thus executed and acknowledged, the plat shall be filed for record and recorded in the office of the register of deeds and county assessor of the proper county.

Source:Laws 1879, § 105, p. 234; R.S.1913, § 5093; C.S.1922, § 4266; C.S.1929, § 17-415; R.S.1943, § 17-416; Laws 1974, LB 757, § 5.


Annotations

17-417. Additions; plat; acknowledgment and recording; effect.

The acknowledgment and recording of such plat is equivalent to a deed in fee simple of such portion of the premises platted as is on such plat set apart for streets or other public use, or as is thereon dedicated to charitable, religious or educational purposes.

Source:Laws 1879, § 106, p. 234; R.S.1913, § 5094; C.S.1922, § 4267; C.S.1929, § 17-416; R.S.1943, § 17-417.


Annotations

17-418. Additions; streets and alleys.

Streets and alleys laid out in any addition to any city or village shall be continuous with and correspond in direction and width to the streets and alleys of the city or village to which they are in addition.

Source:Laws 1879, § 107, p. 234; R.S.1913, § 5095; C.S.1922, § 4268; C.S.1929, § 17-417; R.S.1943, § 17-418.


17-419. Additions; plat; how vacated; approval required.

Any such plat may be vacated after approval of the governing body by the proprietors thereof, at any time before the sale of any lots therein, by a written instrument declaring the same to be vacated. Such written instrument shall be approved by the governing body and shall be duly executed, acknowledged or proved, and recorded in the same office with the plat to be vacated. The execution and recording of such writing shall operate to destroy the force and effect of the recording of the plat so vacated and to divest all public rights in the streets, alleys, commons, and public grounds laid out or described in such plat. In cases when any lots have been sold, the plat may be vacated, as herein provided, by all the owners of lots in such plat joining in the execution of the writing aforesaid.

Source:Laws 1879, § 108, p. 234; R.S.1913, § 5096; C.S.1922, § 4269; C.S.1929, § 17-418; R.S.1943, § 17-419; Laws 1985, LB 51, § 1.


Annotations

17-420. Additions; plats; vacation of part; effect.

Any part of a plat may be vacated under the provisions and subject to the conditions of section 17-419; Provided, such vacating does not abridge or destroy any of the rights and privileges of other proprietors in said plat. Nothing contained in this section shall authorize the closing or obstructing of any public highways laid out according to law.

Source:Laws 1879, § 109, p. 235; R.S.1913, § 5097; C.S.1922, § 4270; C.S.1929, § 17-419; R.S.1943, § 17-420.


Annotations

17-421. Additions; plat; vacation of part; rights of owners.

When any part of a plat shall be vacated as aforesaid, the proprietors of the lots so vacated may enclose the streets, alleys and public grounds adjoining said lots in equal proportions.

Source:Laws 1879, § 110, p. 235; R.S.1913, § 5098; C.S.1922, § 4271; C.S.1929, § 17-420; R.S.1943, § 17-421.


Annotations

17-422. Additions; plat; vacation; recording.

The county clerk in whose office the plats aforesaid are recorded shall write in plain, legible letters across that part of said plat so vacated, the word vacated, and also make a reference on the same to the volume and page in which the said instrument of vacation is recorded.

Source:Laws 1879, § 111, p. 235; R.S.1913, § 5099; C.S.1922, § 4272; C.S.1929, § 17-421; R.S.1943, § 17-422.


17-423. Additions; plat; vacation; right of owner to plat.

The owner of any lots in a plat so vacated may cause the same and a proportionate part of adjacent streets and public grounds to be platted and numbered by the county surveyor. When such plat is acknowledged by such owner, and is recorded in the record office of the county, such lots may be conveyed and assessed by the numbers given them on such plat.

Source:Laws 1879, § 112, p. 235; R.S.1913, § 5100; C.S.1922, § 4273; C.S.1929, § 17-422; R.S.1943, § 17-423.


17-424. Additions; plat; failure to execute and record; power of county clerk; costs; collection.

Whenever the original owners or proprietors of any subdivision of land as contemplated in sections 17-415 and 17-416, have sold or conveyed any part thereof or invested the public with any rights therein, and have failed and neglected to execute and file for record a plat as provided in said sections, the county clerk shall notify some or all of such owners and proprietors by mail or otherwise, and demand an execution of said plat as provided. If such owners or proprietors, whether notified or not, fail and neglect to execute and file for record said plat, for thirty days after the issuance of such notice, the clerk shall cause the plat of such subdivision to be made, and also any surveying necessary therefor. Such plat shall be signed and acknowledged by the clerk, who shall certify that he executed it by reason of the failure of the owners or proprietors named to do so, and filed for record. When so filed for record, it shall have the same effect for all purposes as if executed, acknowledged and recorded by the owners or proprietors themselves. A correct statement of the costs and expenses of such plat, surveying and recording, verified by oath, shall be by the clerk laid before the first session of the county board, who shall allow the same and order the same to be paid out of the county treasury, and shall at the same time assess the said amount, pro rata, upon all several subdivisions of said tract, lot or parcel so subdivided. Such assessment shall be collected with and in like manner as the general taxes, and shall go to the county general fund; or the board may direct suit to be brought in the name of the county, before any court having jurisdiction, to recover of the original owners or proprietors, or either of them, the cost and expense of procuring and recording such plat.

Source:Laws 1879, § 113, p. 235; R.S.1913, § 5101; C.S.1922, § 4274; C.S.1929, § 17-423; R.S.1943, § 17-424.


17-425. Land less than forty acres; ownership in severalty; county clerk may plat.

Whenever any congressional subdivision of land of forty acres or less or any lot or subdivision is owned by two or more persons in severalty, and the description of one or more of the different parts or parcels thereof cannot, in the judgment of the county clerk, be made sufficiently certain and accurate for the purpose of assessment and taxation without noting the metes and bounds of the same, the clerk shall require and cause to be made and recorded a plat of such tract or lot of land with its several subdivisions, in accordance with the provisions of section 17-415; and he shall proceed in such cases according to the provisions of section 17-424; and all the provisions of such 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.

Source:Laws 1879, § 114, p. 236; R.S.1913, § 5102; C.S.1922, § 4275; C.S.1929, § 17-424; R.S.1943, § 17-425.


Annotations

17-426. Additions; lots; sale before platting; 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 section 17-416, shall forfeit and pay fifty dollars for each lot and part of lot sold or disposed of, leased or offered for sale.

Source:Laws 1879, § 116, p. 237; R.S.1913, § 5104; C.S.1922, § 4277; C.S.1929, § 17-426; R.S.1943, § 17-426.


Annotations

17-501. Cities of the second class and villages; powers; board of public trust; members; duties.

Cities of the second class and villages shall be bodies corporate and politic, and shall have power (1) to sue and be sued; (2) to contract or be contracted with; (3) to acquire and hold real and personal property within or without the limits of the city or village, for the use of the city or village, convey property, real or personal, and lease, lease with option to buy, or acquire by gift or devise real or personal property; and (4) to receive and safeguard donations in trust and may, by ordinance, supervise and regulate such property and the principal and income constituting the foundation or community trust property in conformity with the instrument or instruments creating such trust. The city council of any city of the second class, or the board of trustees of any village, may elect a board of five members, to be known as a board of public trust, who shall be residents of such city or village and whose duties shall be defined by ordinance and who shall have control and management of such donations in trust, in conformity with such ordinance; except that at the time of the establishment of the board of public trust, one member shall be elected for a term of one year, one for a term of two years, one for a term of three years, one for a term of four years, and one for a term of five years, and thereafter one member shall be elected each year for a term of five years. Vacancies in the membership of the board shall be filled in like manner as regular members of the board are elected.

Source:Laws 1879, § 56, p. 206; R.S.1913, § 5080; Laws 1917, c. 100, § 1, p. 264; C.S.1922, § 4252; C.S.1929, § 17-401; Laws 1933, c. 29, § 1, p. 206; Laws 1935, Spec. Sess., c. 10, § 6, p. 75; Laws 1937, c. 30, § 1, p. 153; Laws 1941, c. 25, § 1, p. 120; Laws 1941, c. 130, § 14, p. 498; C.S.Supp.,1941, § 17-401; Laws 1943, c. 34, § 1, p. 152; R.S.1943, § 17-501; Laws 1971, LB 32, § 3; Laws 2005, LB 626, § 3.    


Annotations

17-502. Seal; other powers.

Such cities or villages shall have a common seal, which they may change and alter at pleasure, and such other powers as may be conferred by law.

Source:Laws 1879, § 56, p. 207; R.S.1913, § 5080; Laws 1917, c. 100, § 1, p. 264; C.S.1922, § 4252; C.S.1929, § 17-401; Laws 1933, c. 29, § 1, p. 206; Laws 1935, Spec. Sess., c. 10, § 6, p. 75; Laws 1937, c. 30, § 1, p. 153; Laws 1941, c. 25, § 1, p. 120; Laws 1941, c. 130, § 14, p. 498; C.S.Supp.,1941, § 17-401; Laws 1943, c. 34, § 1, p. 153; R.S.1943, § 17-502.


17-503. Real property; sale; exception; procedure; remonstrance; procedure; hearing.

(1) Except as provided in section 17-503.01, the power of any city of the second class or village to convey any real property owned by it, including land used for park purposes and public squares, except real property used in the operation of public utilities, shall be exercised by resolution directing the sale at public auction or by sealed bid of such property and the manner and terms thereof, except that such property shall not be sold at public auction or by sealed bid when:

(a) Such property is being sold in compliance with the requirements of federal or state grants or programs;

(b) Such property is being conveyed to another public agency; or

(c) Such property consists of streets and alleys.

(2) The governing body of any such city or village may establish a minimum price for real property at which bidding shall begin or shall serve as a minimum for a sealed bid.

(3) After the passage of the resolution directing the sale, notice of all proposed sales of property described in subsection (1) of this section and the terms thereof shall be published once each week for three consecutive weeks in a legal newspaper published in or of general circulation in such city or village.

(4) If within thirty days after the third publication of the notice a remonstrance against such sale is signed by registered voters of the city or village equal in number to thirty percent of the registered voters of the city or village voting at the last regular municipal election held therein and is filed with the governing body of such city or village, such property shall not then, nor within one year thereafter, be sold. If the date for filing the remonstrance falls upon a Saturday, Sunday, or legal holiday, the signatures shall be collected within the thirty-day period, but the filing shall be considered timely if filed or postmarked on or before the next business day. Upon the receipt of the remonstrance, the governing body of such city or village, with the aid and assistance of the election commissioner or county clerk, shall determine the validity and sufficiency of signatures on the remonstrance. The governing body of such city or village shall deliver the remonstrance to the election commissioner or county clerk by hand carrier, by use of law enforcement officials, or by certified mail, return receipt requested. Upon receipt of the remonstrance, the election commissioner or county clerk shall issue to the governing body a written receipt that the remonstrance is in the custody of the election commissioner or county clerk. The election commissioner or county clerk shall compare the signature of each person signing the remonstrance with the voter registration records to determine if each signer was a registered voter on or before the date on which the remonstrance was filed with the governing body. The election commissioner or county clerk shall also compare the signer's printed name, street and number or voting precinct, and city, village, or post office address with the voter registration records to determine whether the signer was a registered voter. The signature and address shall be presumed to be valid only if the election commissioner or county clerk determines that the printed name, street and number or voting precinct, and city, village, or post office address matches the registration records and that the registration was received on or before the date on which the remonstrance was filed with the governing body. The determinations of the election commissioner or county clerk may be rebutted by any credible evidence which the governing body finds sufficient. The express purpose of the comparison of names and addresses with the voter registration records, in addition to helping to determine the validity of the remonstrance, the sufficiency of the remonstrance, and the qualifications of the signer, shall be to prevent fraud, deception, and misrepresentation in the remonstrance process. Upon completion of the comparison of names and addresses with the voter registration records, the election commissioner or county clerk shall prepare in writing a certification under seal setting forth the name and address of each signer found not to be a registered voter and the signature page number and line number where the name is found, and if the reason for the invalidity of the signature or address is other than the nonregistration of the signer, the election commissioner or county clerk shall set forth the reason for the invalidity of the signature. If the election commissioner or county clerk determines that a signer has affixed his or her signature more than once to the remonstrance and that only one person is registered by that name, the election commissioner or county clerk shall prepare in writing a certification under seal setting forth the name of the duplicate signature and shall count only the earliest dated signature. The election commissioner or county clerk shall certify to the governing body the number of valid signatures necessary to constitute a valid remonstrance. The election commissioner or county clerk shall deliver the remonstrance and the certifications to the governing body within forty days after the receipt of the remonstrance from the governing body. The delivery shall be by hand carrier, by use of law enforcement officials, or by certified mail, return receipt requested. Not more than twenty signatures on one signature page shall be counted.

The governing body shall, within thirty days after the receipt of the remonstrance and certifications from the election commissioner or county clerk, hold a public hearing to review the remonstrance and certifications and receive testimony regarding them. The governing body shall, following the hearing, vote on whether or not the remonstrance is valid and shall uphold the remonstrance if sufficient valid signatures have been received.

(5) Real estate now owned or hereafter owned by a city of the second class or a village may be conveyed without consideration to the State of Nebraska for state armory sites or, if acquired for state armory sites, shall be conveyed strictly in accordance with the conditions of sections 18-1001 to 18-1006.

(6) Following (a) passage of the resolution directing a sale, (b) publishing of the notice of the proposed sale, and (c) passing of the thirty-day right-of-remonstrance period, the property shall then be sold. Such sale shall be confirmed by passage of an ordinance stating the name of the purchaser and terms of the sale.

Source:Laws 1879, § 56, p. 207; R.S.1913, § 5080; Laws 1917, c. 100, § 1, p. 264; C.S.1922, § 4252; C.S.1929, § 17-401; Laws 1933, c. 29, § 1, p. 206; Laws 1935, Spec. Sess., c. 10, § 8, p. 76; Laws 1937, c. 30, § 1, p. 153; Laws 1941, c. 25, § 1, p. 120; Laws 1941, c. 130, § 14, p. 498; C.S.Supp.,1941, § 17-401; Laws 1943, c. 34, § 1, p. 153; R.S.1943, § 17-503; Laws 1957, c. 30, § 1, p. 190; Laws 1957, c. 31, § 1, p. 193; Laws 1971, LB 399, § 1; Laws 1981, LB 33, § 1; Laws 1982, LB 909, § 4; Laws 1988, LB 793, § 5; Laws 1993, LB 59, § 2; Laws 1997, LB 230, § 2; Laws 2003, LB 476, § 1.    


Annotations

17-503.01. Real property less than five thousand dollars; sale; procedure.

Section 17-503 shall not apply to the sale of real property if the authorizing resolution directs the sale of real property, the total fair market value of which is less than five thousand dollars. Following passage of the resolution directing the sale of the property, notice of the sale shall be posted in three prominent places within the city or village for a period of not less than seven days prior to the sale of the property. The notice shall give a general description of the property offered for sale and state the terms and conditions of sale. Confirmation of the sale by passage of an ordinance may be required.

Source:Laws 1982, LB 909, § 5; Laws 1995, LB 197, § 1; Laws 2003, LB 476, § 2.    


17-503.02. Personal property; sale; procedure; other conveyance.

(1) The power of any city of the second class or village to convey any personal property owned by it shall be exercised by resolution directing the sale and the manner and terms of the sale. Following passage of the resolution directing the sale of the property, notice of the sale shall be posted in three prominent places within the city or village for a period of not less than seven days prior to the sale of the property. If the fair market value of the property is greater than five thousand dollars, notice of the sale shall also be published once in a legal newspaper published in or of general circulation in such city or village at least seven days prior to the sale of the property. The notice shall give a general description of the property offered for sale and state the terms and conditions of sale.

(2) Personal property may be conveyed notwithstanding the procedure in subsection (1) of this section when (a) such property is being sold in compliance with the requirements of federal or state grants or programs or (b) such property is being conveyed to another public agency.

Source:Laws 2003, LB 476, § 3;    Laws 2007, LB28, § 1.    


17-504. Corporate name; process; service.

The corporate name of each city of the second class or village shall be the City (or Village) of .........., and all and every process and notice whatever affecting such corporation shall be served in the manner provided for service of a summons in a civil action.

Source:Laws 1879, § 57, p. 207; R.S.1913, § 5081; C.S.1922, § 4253; C.S.1929, § 17-402; R.S.1943, § 17-504; Laws 1983, LB 447, § 6.


Annotations

17-505. Ordinances, rules, and regulations; enactment; enforcement.

In addition to their special powers, cities of the second class and villages shall have the power to make all such ordinances, bylaws, rules, regulations, and resolutions, not inconsistent with the laws of the state, as may be expedient for maintaining the peace, good government, and welfare of the corporation and its trade, commerce, and manufactories, and to enforce all ordinances by inflicting fines or penalties for the breach thereof, not exceeding five hundred dollars for any one offense, recoverable with costs.

Source:Laws 1879, § 69, XII, p. 213; Laws 1881, c. 23, § 8, XII, p. 175; Laws 1885, c. 20, § 1, XII, p. 166; Laws 1887, c. 12, § 1, XII, p. 294; R.S.1913, § 5106; C.S.1922, § 4279; C.S.1929, § 17-428; R.S.1943, § 17-505; Laws 1999, LB 128, § 2.    


Annotations

17-506. Property tax; amount of levy authorized.

Cities of the second class and villages shall have power to levy taxes for general revenue purposes in any one year not to exceed thirty-five cents on each one hundred dollars upon the taxable value of all the taxable property in such cities and villages. The valuation of such property shall be ascertained from the books or assessment rolls of the county assessor.

Source:Laws 1879, § 69, I, p. 211; Laws 1881, c. 23, § 8, I, p. 172; Laws 1885, c. 20, § 1, I, p. 162; Laws 1887, c. 12, § 1, I, p. 291; R.S.1913, § 5107; Laws 1915, c. 91, § 1, p. 231; Laws 1919, c. 51, § 1, p. 149; C.S.1922, § 4280; C.S.1929, § 17-429; R.S.1943, § 17-506; Laws 1947, c. 32, § 1, p. 142; Laws 1953, c. 287, § 14, p. 938; Laws 1979, LB 187, § 49; Laws 1992, LB 719A, § 51.


Annotations

17-507. Other taxes; power to levy.

Second-class cities and villages shall have power to levy any other tax or special assessment authorized by law.

Source:Laws 1879, § 69, II, p. 211; Laws 1881, c. 23, § 8, II, p. 173; Laws 1885, c. 20, § 1, II, p. 163; Laws 1887, c. 12, § 1, II, p. 291; R.S.1913, § 5108; C.S.1922, § 4281; C.S.1929, § 17-430; R.S.1943, § 17-507.


Annotations

17-508. Streets; grading and repair, when; bridges and sewers; construction.

Second-class cities and villages shall have the power to provide for the grading and repair of any street, avenue or alley and the construction of bridges, culverts and sewers. No street, avenue or alley shall be graded unless the same shall be ordered to be done by the affirmative vote of two-thirds of the city council or board of trustees.

Source:Laws 1879, § 69, III, p. 211; Laws 1881, c. 23, § 8, III, p. 173; Laws 1885, c. 20, § 1, III, p. 163; Laws 1887, c. 12, § 1, III, p. 291; Laws 1903, c. 20, § 1, p. 248; R.S.1913, § 5109; Laws 1915, c. 91, § 1, p. 231; C.S.1922, § 4282; C.S.1929, § 17-431; R.S.1943, § 17-508; Laws 1945, c. 28, § 1, p. 140; Laws 1945, c. 29, § 1, p. 143; Laws 1947, c. 23, § 1(1), p. 143.


Annotations

17-508.01. Streets; maintenance and repair; contracts with county authorized.

Where a city of the second class or village does not have sufficient funds to purchase equipment to maintain and keep its streets in repair, such city or village may contract with the county in which it is situated to have the county maintain and keep its streets in repair. The cost of such maintenance and repair shall be paid by such city or village to the county.

Source:Laws 1947, c. 33, § 1(2), p. 143.


17-508.02. Streets; grading and repair; bridges and sewers; tax limits.

Cities of the second class and villages shall have power to levy in any one year for such purposes not to exceed ten and five-tenths cents on each one hundred dollars upon the taxable value of all the taxable property within the limits of such cities and villages.

Source:Laws 1879, § 69, III, p. 211; Laws 1881, c. 23, § 8, III, p. 173; Laws 1885, c. 20, § 1, III, p. 163; Laws 1887, c. 12, § 1, III, p. 291; Laws 1903, c. 20, § 1, p. 248; R.S.1913, § 5109; Laws 1915, c. 91, § 1, p. 231; C.S.1922, § 4282; C.S.1929, § 17-431; R.S.1943, § 17-508; Laws 1945, c. 28, § 1, p. 140; Laws 1945, c. 29, § 1, p. 143; Laws 1947, c. 33, § 1(3), p. 144; Laws 1953, c. 287, § 15, p. 939; Laws 1979, LB 187, § 50; Laws 1992, LB 719A, § 52.


17-509. Streets and malls; power to improve; districts.

The governing body of any city of the second class or village may grade, partially or to an established grade, change grade, curb, recurb, gutter, regutter, pave, gravel, regravel, macadamize, remacadamize, widen or narrow streets or roadways, resurface or relay existing pavement, or otherwise improve any streets, alleys, public grounds, public ways, entirely or partially, and streets which divide the city or village corporate area and the area adjoining the city or village; construct or reconstruct pedestrian walks, plazas, malls, landscaping, outdoor sprinkler systems, fountains, decorative water ponds, lighting systems, and permanent facilities; and construct sidewalks and improve the sidewalk space. These projects may be funded at public cost or by the levy of special assessments on the property especially benefited in proportion to such benefits, except as provided in sections 19-2428 to 19-2431. The governing body may by ordinance create paving, repaving, grading, curbing, recurbing, resurfacing, graveling, or improvement districts, to be consecutively numbered, which may include two or more connecting or intersecting streets, alleys, or public ways, and may include two or more of the improvements in one proceeding. All of the improvements which are to be funded by a levy of special assessment on the property especially benefited shall be ordered as provided in sections 17-510 to 17-512, unless the governing body improves a street which divides the city or village corporate area and the area adjoining the city or village. Whenever the governing body of any city of the second class or village improves any street which divides the city or village corporate area and the area adjoining the city or village, the governing body shall determine the sufficiency of petition as set forth in section 17-510 by the owners of the record title representing more than sixty percent of the front footage of the property directly abutting upon the street to be improved, rather than sixty percent of the resident owners. Whenever the governing body shall deem it necessary to make any of the improvements named in this section on a street which divides the city or village corporate area and the area adjoining the city or village, the governing body shall by ordinance create the improvement district pursuant to section 17-511 and the right of remonstrance shall be limited to owners of record title, rather than resident owners.

Source:Laws 1879, § 69, IV, p. 211; Laws 1881, c. 23, § 8, IV, p. 173; Laws 1885, c. 20, § 1, IV, p. 163; Laws 1887, c. 12, § 7, IV, p. 292; Laws 1903, c. 20, § 1, IV, p. 163; Laws 1909, c. 22, § 1, p. 191; Laws 1911, c. 21, § 1, p. 138; R.S.1913, § 5110; Laws 1915, c. 92, § 1, p. 232; Laws 1917, c. 102, § 1, p. 267; Laws 1919, c. 50, § 1, p. 144; C.S.1922, § 4283; Laws 1923, c. 135, § 1, p. 300; Laws 1927, c. 42, § 1, p. 176; C.S.1929, § 17-432; Laws 1933, c. 136, § 20, p. 529; C.S.Supp.,1941, § 17-432; R.S.1943, § 17-509; Laws 1969, c. 92, § 1, p. 456; Laws 1979, LB 136, § 3; Laws 1983, LB 94, § 2; Laws 1995, LB 196, § 2.


Annotations

17-510. Streets; improvement district; creation by petition; denial; special assessments.

If a petition is signed by the owners of the record title representing more than sixty percent of the front footage of the property directly abutting upon the streets, alleys, public ways, or public grounds proposed to be improved and presented and filed with the city clerk or village clerk, petitioning therefor, the governing body shall by ordinance create a paving, graveling, or other improvement district, cause such work to be done or such improvement to be made, contract therefor, and levy special assessments on the lots and parcels of land abutting on or adjacent to such streets or alleys specially benefited thereby in such district in proportion to such benefits, except as provided in sections 19-2428 to 19-2431, to pay the cost of such improvement. The governing body may deny the formation of the proposed district when the area has not previously been improved with a water system, sewer system, and grading of streets. If the governing body denies a requested improvement district formation, it shall state the grounds for such denial in a written letter to interested parties.

Source:Laws 1879, § 69, IV, p. 211; Laws 1881, c. 23, § 8, IV, p. 173; Laws 1885, c. 20, § 1, IV, p. 163; Laws 1887, c. 12, § 1, IV, p. 292; Laws 1903, c. 20, § 1, p. 248; Laws 1909, c. 22, § 1, p. 191; Laws 1911, c. 21, § 1, p. 139; R.S.1913, § 5110; Laws 1915, c. 92, § 1, p. 232; Laws 1917, c. 102, § 1, p. 268; Laws 1919, c. 50, § 1, p. 145; C.S.1922, § 4283; Laws 1923, c. 135, § 1, p. 331; Laws 1927, c. 42, § 1, p. 177; C.S.1929, § 17-432; Laws 1933, c. 136, § 20, p. 529; C.S.Supp.,1941, § 17-432; R.S.1943, § 17-510; Laws 1979, LB 176, § 1; Laws 1983, LB 125, § 2; Laws 1983, LB 94, § 3; Laws 2015, LB361, § 29.    


Annotations

17-511. Streets; improvement by ordinance; objections; time of filing; special assessment.

Whenever the governing body deems it necessary to make the improvements in section 17-509 which are to be funded by a levy of special assessment on the property specially benefited, such governing body shall by ordinance create a paving, graveling, or other improvement district and, after the passage, approval, and publication of such ordinance, shall publish notice of the creation of any such district for six days in a legal newspaper of the city or village if it is a daily newspaper or for two consecutive weeks if it is a weekly newspaper. If no legal newspaper is published in the city or village, the publication shall be in a legal newspaper of general circulation in the city or village. If the owners of the record title representing more than fifty percent of the front footage of the property directly abutting on the street or alley to be improved file with the city clerk or the village clerk within twenty days after the first publication of such notice written objections to the creation of such district, such improvement shall not be made as provided in such ordinance, but such ordinance shall be repealed. If objections are not filed against the district in the time and manner prescribed in this section, the governing body shall immediately cause such work to be done or such improvement to be made, shall contract for the work or improvement, and shall levy special assessments on the lots and parcels of land abutting on or adjacent to such street or alley specially benefited in such district in proportion to such benefits to pay the cost of such improvement.

Source:Laws 1927, c. 42, § 1, p. 177; C.S.1929, § 17-432; Laws 1933, c. 136, § 20, p. 530; C.S.Supp.,1941, § 17-432; R.S.1943, § 17-511; Laws 1979, LB 176, § 2; Laws 1986, LB 960, § 8; Laws 1995, LB 196, § 3; Laws 2015, LB361, § 30.    


Annotations

17-512. Streets; main thoroughfares; improvement by ordinance; assessments.

The council or board of trustees may, by a three-fourths vote of all members of such council or board of trustees, enact an ordinance creating a paving, graveling, or other improvement district, order such work to be done without petition upon any federal or state highways in the city or village or upon a street or route, designated by the mayor and council or board of trustees as a main thoroughfare, that connects to either a federal or state highway or a county road, and shall contract therefor, and shall levy assessments on the lots and parcels of land abutting on or adjacent to such street or alley specially benefited thereby in such district in proportion to such benefits, to pay the cost of such improvement.

Source:Laws 1879, § 69, IV, p. 211; Laws 1881, c. 23, § 8, IV, p. 173; Laws 1885, c. 20, § 1, IV, p. 163; Laws 1903, c. 20, § 1, p. 248; Laws 1909, c. 22, § 1, p. 191; Laws 1911, c. 21, § 1, p. 139; R.S.1913, § 5110; Laws 1915, c. 92, § 1, p. 232; Laws 1917, c. 102, § 1, p. 268; Laws 1919, c. 50, § 1, p. 145; C.S.1922, § 4283; Laws 1923, c. 135, § 1, p. 331; Laws 1927, c. 42, § 1, p. 178; C.S.1929, § 17-432; Laws 1933, c. 136, § 20, p. 530; C.S.Supp.,1941, § 17-432; R.S.1943, § 17-512; Laws 1972, LB 1320, § 1; Laws 2015, LB361, § 31.    


Annotations

17-513. Streets; improvement; petitions and protests; sufficiency; how determined; appeal.

Before proceeding with any such improvement the sufficiency of the protests or petitions or of the existence of the required facts and conditions shall be determined by the city council or board of trustees at a hearing of which notice shall be given to all persons who may become liable for assessments by one publication in each of two successive weeks in a newspaper having general circulation in the city or village. Appeal from the action of the city council or board of trustees may be made to the district court of the county in which the proposed district is situated. The sufficiency of the protests or petitions referred to in sections 17-510 and 17-511, as to the ownership of the property, shall be determined by the record in the office of the county clerk or register of deeds at the time of the adoption of said ordinance. In determining the sufficiency of the petitions or objections, intersections shall be disregarded, and any lot or ground owned by the city shall not be counted for or against such improvement.

Source:Laws 1927, c. 42, § 1, p. 178; C.S.1929, § 17-432; Laws 1933, c. 136, § 20, p. 530; C.S.Supp.,1941, § 17-432; R.S.1943, § 17-513; Laws 1963, c. 71, § 1, p. 274.


Annotations

17-514. Streets; improvement; assessments; certification to county treasurer.

All assessments shall be a lien on the property on which levied from the date of levy, and shall thereupon be certified by direction of the council or board of trustees to the treasurer of such city or village for collection. Except as provided in section 18-1216, such assessment shall be due and payable to such treasurer until the first day of November thereafter, or until the delivery of the tax list for such year to the treasurer of the county in which such city or village may be situated, at and after which time the same shall be due and payable to such county treasurer. The council or board of trustees of such city or village shall, within the time provided by law, cause such assessments, or portion thereof then remaining unpaid, to be certified to the county clerk of the county for entry upon the proper tax lists. If the city or village treasurer collects any assessment or portion thereof so certified while the same shall be payable to the county treasurer, the city or village treasurer shall certify the assessment or portion thereof to the county treasurer at once, and the county treasurer shall correct the record to show such payment.

Source:Laws 1909, c. 21, § 1, p. 191; Laws 1911, c. 21, § 1, p. 139; R.S.1913, § 5110; Laws 1915, c. 92, § 1, p. 232; Laws 1917, c. 102, § 1, p. 268; Laws 1919, c. 50, § 1, p. 145; C.S.1922, § 4283; Laws 1923, c. 135, § 1, p. 331; Laws 1927, c. 42, § 1, p. 178; C.S.1929, § 17-432; Laws 1933, c. 136, § 20, p. 531; C.S.Supp.,1941, § 17-432; R.S.1943, § 17-514; Laws 1996, LB 962, § 1.


Annotations

17-515. Streets and malls; improvement; assessments; interest; when delinquent; payment in installments.

(1) All such assessments, except for paving, repaving, construction of malls and plazas, and the landscaping and permanent facilities thereof, graveling, or curbing and guttering, shall draw interest until the same become delinquent, at a rate set by the city council or board of trustees from the date of levy, and shall become delinquent on the first day of May subsequent to the date of levy, and shall thereafter draw interest at a rate not exceeding the rate of interest specified in section 45-104.01, as such rate may from time to time be adjusted by the Legislature.

(2) Such assessments for paving, repaving, construction of malls and plazas, and the landscaping and permanent facilities thereof, or curbing and guttering shall become delinquent in equal annual installments over such period of years, not to exceed fifteen, as the council or board of trustees may determine at the time of making the levy, the first such equal installment to become delinquent in fifty days after the date of such levy.

(3) As to such assessments for graveling, one-third of the total amount assessed against each lot or parcel of land shall become delinquent in fifty days after the date of such levy; one-third in one year; and one-third in two years.

(4) Each of the installments, referred to in subsections (2) and (3) of this section, except the first, shall draw interest at a rate set by the city council or board of trustees, from the time of the aforesaid levy until the same shall become delinquent; and after the same becomes delinquent, interest at the rate specified in section 45-104.01, as such rate may from time to time be adjusted by the Legislature, shall be paid thereon. Should there be three or more of such installments delinquent and unpaid on the same property, the city council or board of trustees may by resolution declare all future installments on such delinquent property to be due on a fixed future date. All of such installments may be paid at one time on any lot or land within fifty days from the date of the levy without interest and, if so paid, such lot or land shall be exempt from any lien or charge therefor.

Source:Laws 1909, c. 22, § 1, p. 192; Laws 1911, c. 21, § 1, p. 139; R.S.1913, § 5110; Laws 1915, c. 92, § 1, p. 233; Laws 1917, c. 102, § 1, p. 268; Laws 1919, c. 50, § 1, p. 145; C.S. 1922, § 4283; Laws 1923, c. 135, § 1, p. 331; Laws 1927, c. 42, § 1, p. 178; C.S.1929, § 17-432; Laws 1933, c. 136, § 20, p. 531; C.S.Supp.,1941, § 17-432; R.S.1943, § 17-515; Laws 1953, c. 34, § 1, p. 124; Laws 1959, c. 64, § 3, p. 287; Laws 1965, c. 65, § 1, p. 283; Laws 1969, c. 92, § 2, p. 457; Laws 1969, c. 51, § 43, p. 298; Laws 1976, LB 441, § 2; Laws 1980, LB 933, § 18; Laws 1981, LB 167, § 19.


Annotations

17-516. Streets and malls; improvement; paving bonds; warrants; interest; terms.

For the purpose of paying the cost of constructing, landscaping, and equipping malls and plazas, paving, repaving, macadamizing or graveling, curbing, guttering, or otherwise improving streets, avenues or alleys in any improvement district, the mayor and council or board of trustees shall have the power and may, by ordinance, cause to be issued bonds of the city or village to be called District Improvement Bonds of District No. ...., payable in not exceeding fifteen years from date, and to bear interest payable annually or semiannually with interest coupons attached or may issue its warrants, as other warrants are issued, to be called District Improvement Warrants of District No. ...., payable in the order of their number, to be issued in such denominations as may be deemed advisable, and to bear interest. When warrants are issued for the payment of such cost, special taxes and assessments shall be levied sufficient to pay such warrants and the interest thereon within three years from the date of issuance.

Source:Laws 1909, c. 22, § 1, p. 192; Laws 1911, c. 21, § 1, p. 140; R.S.1913, § 5110; Laws 1915, c. 92, § 1, p. 233; Laws 1917, c. 102, § 1, p. 269; Laws 1919, c. 50, § 1, p. 146; C.S.1922, § 4283; Laws 1923, c. 135, § 1, p. 332; Laws 1927, c. 42, § 1, p. 179; C.S.1929, § 17-432; Laws 1933, c. 136, § 20, p. 532; C.S.Supp.,1941, § 17-432; R.S.1943, § 17-516; Laws 1963, c. 72, § 1, p. 275; Laws 1963, c. 73, § 1, p. 276; Laws 1969, c. 92, § 3, p. 458; Laws 1969, c. 51, § 44, p. 299.


17-517. Repealed. Laws 1963, c. 72, § 2.

17-518. Streets; improvement; sinking fund; investment.

Pending final redemption of warrant or warrants, or bond or bonds for paving, the city or village treasurer is hereby authorized to invest such sinking fund in interest-bearing time certificates of deposit in depositories approved and authorized to receive county money, but in no greater amount in any depository than the same is authorized to receive deposits of county funds; and the interest arising from such certificate of deposit shall be credited to its respective sinking fund as hereinbefore provided.

Source:Laws 1923, c. 135, § 1, p. 332; Laws 1927, c. 42, § 1, p. 180; C.S.1929, § 17-432; Laws 1933, c. 136, § 20, p. 532; C.S.Supp.,1941, § 17-432; R.S.1943, § 17-518.


17-519. Streets; improvement; assessments against public lands; payment.

If in any second-class city or village, there shall be any real estate belonging to any county, school district or municipal or other quasi-municipal corporation, adjacent to or abutting upon the street or other public way whereon paving, repaving, graveling or other special improvement has been ordered, it shall be the duty of the board of county commissioners, board of education or other proper officers, to provide for the payment of such special assessments or taxes as may be assessed against the real estate so adjacent or abutting, or within such improvement district belonging to the county, school district or municipal or quasi-municipal corporation. In the event of the neglect or refusal so to do, the city or village may recover the amount of such special taxes or assessments in any proper action, and the judgment thus obtained may be enforced in the usual manner.

Source:Laws 1909, c. 22, § 1, p. 193; Laws 1911, c. 21, § 1, p. 140; R.S.1913, § 5110; Laws 1915, c. 92, § 1, p. 234; Laws 1917, c. 102, § 1, p. 269; Laws 1919, c. 50, § 1, p. 146; C.S.1922, § 4283; Laws 1923, c. 135, § 1, p. 333; Laws 1927, c. 42, § 1, p. 180; C.S.1929, § 17-432; Laws 1933, c. 136, § 20, p. 533; C.S.Supp.,1941, § 17-432; R.S.1943, § 17-519.


Annotations

17-520. Streets; improvement; intersections; property; assessment; Intersection Paving Bonds; warrants; interest; partial payments; final payments.

For all paving and improvements of the intersections and areas formed by the crossing of streets, avenues or alleys, and one-half of the streets adjacent to real estate owned by the United States, the State of Nebraska or the city or village, the assessment shall be made upon all of the taxable property of the city or village; and for the payment of such paving or improvements the mayor and council or the board of trustees are hereby authorized to issue paving bonds of the city or village, in such denominations as they deem proper to be called Intersection Paving Bonds payable in not to exceed fifteen years from the date of said bonds, and to bear interest payable annually or semiannually. Such bonds shall not be issued until the work is completed and then not in excess of the cost of said improvements. For the purpose of making partial payments as the work progresses in paving, repaving, macadamizing or graveling, curbing and guttering or improvements of streets, avenues, alleys or intersections and areas formed by the crossing of streets, avenues, or alleys, or one-half of the streets adjacent to real estate owned by the United States, the State of Nebraska or the city or village, warrants may be issued by the mayor and council, or the board of trustees, upon certificates of the engineer in charge showing the amount of the work completed and materials necessarily purchased and delivered for the orderly and proper continuation of the project, in a sum not exceeding ninety-five percent of the cost thereof, and upon completion and acceptance of the work issue a final warrant for the balance of the amount due the contractor, which warrants shall be redeemed and paid upon the sale of bonds authorized by law. The city or village shall pay to the contractor interest, at the rate of eight percent per annum on the amounts due on partial and final payments, beginning forty-five days after the certification of the amounts due by the engineer in charge and approval by the governing body and running until the date that the warrant is tendered to the contractor. Nothing herein shall be construed as authorizing the mayor and council or board of trustees to pave or gravel any intersections or areas formed by the crossing of streets, avenues or alleys, unless in connection with one or more blocks of street paving or graveling of which the paving or graveling of such intersection or area shall form a part.

Source:Laws 1909, c. 22, § 1, p. 193; Laws 1911, c. 21, § 1, p. 141; R.S.1913, § 5110; Laws 1915, c. 92, § 1, p. 234; Laws 1917, c. 102, § 1, p. 269; Laws 1919, c. 50, § 1, p. 146; C.S.1922, § 4283; Laws 1923, c. 135, § 1, p. 333; Laws 1927, c. 42, § 1, p. 180; C.S.1929, § 17-432; Laws 1933, c. 136, § 20, p. 533; C.S.Supp.,1941, § 17-432; R.S.1943, § 17-520; Laws 1965, c. 65, § 2, p. 284; Laws 1969, c. 51, § 45, p. 299; Laws 1975, LB 112, § 2.


Annotations

17-521. Streets; improvement; railways; duty to pave between rails.

Any street or other railway company, occupying with any track any street, avenue or alley or portion thereof, which may be ordered paved, repaved, macadamized or graveled, may be charged with the expense of such improvement of said portion of such street, avenue or alley so occupied by it between its tracks, between its rails and for one foot beyond the outer rails; and the cost thereof may be collected and enforced against such company in such manner as may be provided by ordinance; or the mayor and council or board of trustees may by ordinance require such company to pave, repave, macadamize or gravel such portion of such street, avenue or alley occupied by said tracks and for one foot beyond its outside rails.

Source:Laws 1909, c. 22, § 1, p. 194; Laws 1911, c. 21, § 1, p. 141; R.S.1913, § 5110; Laws 1915, c. 92, § 1, p. 234; Laws 1917, c. 102, § 1, p. 270; Laws 1919, c. 50, § 1, p. 148; C.S.1922, § 4283; Laws 1923, c. 135, § 1, p. 334; Laws 1927, c. 42, § 1, p. 181; C.S.1929, § 17-432; Laws 1933, c. 136, § 20, p. 534; C.S.Supp.,1941, § 17-432; R.S.1943, § 17-521.


17-522. Sidewalks; repair; cost; assessment; notice.

(1) The mayor and city council of a city of the second class or board of trustees of a village may construct and repair sidewalks or cause the construction and repair of sidewalks in such manner as the mayor and city council or board of trustees deems necessary and assess the expense thereof on the property in front of which such construction or repairs are made, after having given notice (a) by publication in one issue of a legal newspaper of general circulation in such city or village and (b) by either causing a written notice to be served upon the occupant in possession of the property involved or to be posted upon such premises ten days prior to the commencement of such construction or repair. The powers conferred under this section are in addition to those provided in sections 17-509 to 17-521 and may be exercised without creating an improvement district.

(2) If the owner of any property abutting any street or avenue or part thereof fails to construct or repair any sidewalk in front of the owner's property within the time and in the manner as directed and requested by the mayor and council or board of trustees, after having received due notice to do so, the mayor and council or board of trustees may cause the sidewalk to be constructed or repaired and may assess the cost thereof against the property.

Source:Laws 1879, § 69, V, p. 211; Laws 1881, c. 23, § 8, V, p. 173; Laws 1885, c. 20, § 1, V, p. 163; Laws 1887, c. 12, § 1, V, p. 292; R.S.1913, § 5111; C.S.1922, § 4284; C.S.1929, § 17-433; Laws 1943, c. 31, § 1, p. 141; R.S.1943, § 17-522; Laws 1947, c. 34, § 1, p. 144; Laws 2005, LB 161, § 6.    


Annotations

17-523. Sidewalks; temporary walks; construction; cost.

Second-class cities and villages shall have the power to provide for the laying of temporary plank, brick, stone or concrete sidewalks, upon the natural surface of the ground, without regard to grade, on streets not permanently improved, at a cost for plank walks not exceeding fifty cents a linear foot, or for brick, stone or concrete walks not exceeding one dollar and twenty-five cents a linear foot, and to provide for the assessment of the cost thereof on the property in front of which the same shall be laid.

Source:Laws 1879, § 69, VI, p. 211; Laws 1881, c. 23, § 8, VI, p. 173; Laws 1885, c. 20, § 1, VI, p. 164; Laws 1887, c. 12, § 1, VI, p. 292; Laws 1905, c. 29, § 1, p. 255; R.S.1913, § 5112; C.S.1922, § 4285; C.S.1929, § 17-434; R.S.1943, § 17-523.


Annotations

17-524. Streets and sidewalks; improvements; assessments; how made; collection.

Assessments made under the provisions of sections 17-509 to 17-523 shall be made and assessed in the following manner:

(1) Such assessment shall be made by the council or board of trustees at a special meeting, by a resolution, taking into account the benefits derived or injuries sustained in consequence of such improvements, and the amount charged against the same, which, with the vote thereon by yeas and nays, shall be spread at length upon the minutes; and 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 or of general circulation in said city or village at least four weeks before the same shall be held or, in lieu thereof, personal service may be had upon persons owning or occupying property to be assessed;

(2) All such assessments shall be known as special assessments for improvements, and shall be levied and collected as a separate tax, in addition to the taxes for general revenue purposes, and shall be placed on the tax roll for collection, subject to the same penalties and collected in like manner as other city or village taxes.

Source:Laws 1879, § 69, VII, p. 212; Laws 1881, c. 23, § 8, VII, p. 174; Laws 1885, c. 20, § 1, VII, p. 164; Laws 1887, c. 12, § 1, VII, p. 292; R.S.1913, § 5113; C.S.1922, § 4286; C.S.1929, § 17-435; R.S.1943, § 17-524; Laws 1955, c. 40, § 1, p. 155.


Annotations

17-525. Occupation tax; power to levy; exceptions.

Second-class cities and villages shall have power to raise revenue by levying and collecting a license tax on any occupation or business within the limits of the city or village, and regulate the same by ordinance. After March 27, 2014, any occupation tax imposed pursuant to this section shall make a reasonable classification of businesses, users of space, or kinds of transactions for purposes of imposing such tax, except that no occupation tax shall be imposed on any transaction which is subject to tax under section 53-160, 66-489, 66-489.02, 66-4,140, 66-4,145, 66-4,146, 77-2602, or 77-4008 or which is exempt from tax under section 77-2704.24. The occupation tax shall be imposed in the manner provided in section 18-1208, except that section 18-1208 does not apply to an occupation tax subject to section 86-704. All such taxes shall be uniform in respect to the classes upon which they are imposed. All scientific and literary lectures and entertainments shall be exempt from such taxation, as well as concerts and other musical entertainments given exclusively by the citizens of the city or village.

Source:Laws 1879, § 69, VIII, p. 212; Laws 1881, c. 23, § 8, VIII, p. 174; Laws 1885, c. 20, § 1, VIII, p. 165; Laws 1887, c. 12, § 1, VIII, p. 293; R.S.1913, § 5114; C.S.1922, § 4287; C.S.1929, § 17-436; R.S.1943, § 17-525; Laws 2012, LB745, § 6;    Laws 2014, LB474, § 5.    


Annotations

17-526. Dogs and other animals; license tax; enforcement.

Second-class cities and villages may, by ordinance entered at large on the proper journal or record of proceedings of such municipality, impose a license tax in an amount which shall be determined by the governing body of such second-class city or village for each dog or other animal, on the owners and harborers of dogs and other animals, and enforce the same by appropriate penalties, and cause the destruction of any dog or other animal, for which the owner or harborer shall refuse or neglect to pay such license tax. Any licensing provision shall comply with subsection (2) of section 54-603 for service animals. Such municipality may regulate, license, or prohibit the running at large of dogs and other animals and guard against injuries or annoyances therefrom and authorize the destruction of the same when running at large contrary to the provisions of any ordinance.

Source:Laws 1879, § 69, X, p. 213; Laws 1881, c. 23, § 8, X, p. 175; Laws 1885, c. 20, § 1, X, p. 165; Laws 1887, c. 12, § 1, X, p. 294; Laws 1899, c. 14, § 1, p. 79; R.S.1913, § 5116; C.S.1922, § 4289; C.S.1929, § 17-438; R.S.1943, § 17-526; Laws 1959, c. 59, § 2, p. 253; Laws 1976, LB 515, § 1; Laws 1981, LB 501, § 4; Laws 1997, LB 814, § 5; Laws 2008, LB806, § 4.    


17-527. Elections; rules governing; power to prescribe.

Second-class cities and villages shall have power to prescribe the manner of conducting all municipal elections, and the return thereof, and for holding special elections for any purpose provided by law.

Source:Laws 1879, § 69, XI, p. 213; Laws 1881, c. 23, § 8, XI, p. 175; Laws 1885, c. 20, § 1, XI, p. 166; Laws 1887, c. 12, § 1, XI, p. 294; R.S.1913, § 5117; C.S.1922, § 4290; C.S.1929, § 17-439; R.S.1943, § 17-527; Laws 1959, c. 60, § 55, p. 272.


17-528. Electricity; franchises and contracts; tax; sale by public service company to city.

Second-class cities and villages shall have power to grant a franchise for a period of not to exceed twenty-five years, to any person, company, corporation or association, whether publicly or privately owned, to furnish light and power to the residents, citizens and corporations doing business in such city or village, and to make contracts, for a period of not to exceed five years, with such person, company or association for the furnishing of light for the streets, lanes, alleys and other public places and property of said city or village, and the inhabitants thereof, the furnishing of electricity to pump water or similar services for such city or village and to levy a tax for the purpose of paying the costs of such lighting the streets, lanes, alleys and other public places and property of said city or village. No public service company, whether publicly or privately owned, shall sell to any city of the second class or village, now generating its own electric current for all or the major portion of its electric requirements, unless first authorized so to do by a vote of the electors of such city or village, in the same manner and subject to the same conditions as are set forth in section 18-412; Provided, that if no tax or issuance of bonds is required, any city of the second class or village may by resolution of the city council or board of trustees contract for the furnishing of electricity at retail to such city or village, or to any electric plant within such city or village, with any public power district, or an electric cooperative which cooperative has an approved retail service area adjoining such city or village.

Source:Laws 1879, § 69, XIV, p. 214; Laws 1881, c. 23, § 8, XIV, p. 176; Laws 1885, c. 20, § 1, XIV, p. 166; Laws 1887, c. 12, § 1, XIV, p. 295; Laws 1895, c. 16, § 1, p. 111; Laws 1905, c. 27, § 1, p. 252; R.S.1913, § 5118; C.S.1922, § 4291; C.S.1929, § 17-440; Laws 1943, c. 28, § 2, p. 124; R.S.1943, § 17-528; Laws 1965, c. 58, § 2, p. 266; Laws 1969, c. 83, § 2, p. 419.


Annotations

17-528.01. Repealed. Laws 1957, c. 33, § 2.

17-528.02. Gas franchises; length; conditions; tax.

Second-class cities and villages shall have power to grant a franchise, subject to the conditions of this section and section 17-528.03, for a period not exceeding twenty-five years to any person, company, or association, whether publicly or privately owned, and to his or its assigns, to lay and maintain gas mains, pipes, service, and all other necessary structures in the streets, lanes, alleys, and public places of such city or village for the purpose of transporting gas on, under, or along any streets, lanes, alleys, and public places of said city or village and for furnishing the same to the inhabitants thereof. Such city or village may make any reasonable regulation with reference to any person, firm, or corporation holding such franchise as to charges for such gas. Such city or village is authorized to contract, lease, or rent the gas plant from any person, firm, or corporation furnishing gas within such city or village. Such contract, lease or rental agreement shall not be for a period longer than five years. It may levy a tax to pay the rent under the above-mentioned lease or to pay for any gas used for street lighting or for other necessary purposes.

Source:Laws 1879, § 39, VI, p. 201; Laws 1881, c. 24, § 1, p. 195; Laws 1905, c. 27, § 1, p. 252; Laws 1911, c. 18, § 1, p. 135; R.S.1913, § 5019; Laws 1919, c. 45, § 1, p. 129; C.S.1922, § 4188; C.S.1929, § 17-127; Laws 1943, c. 28, § 1, p. 123; R.S.1943, § 17-125; Laws 1957, c. 33, § 1(1), p. 196; Laws 1959, c. 49, § 1, p. 237.


Annotations

17-528.03. Electricity franchises; length; conditions; election, when required; exceptions.

Second-class cities and villages shall have power to grant a franchise subject to the conditions of this section or section 17-528.02. Such franchise may run for a period not exceeding twenty-five years. It may be granted to any person, company, or association, whether publicly or privately owned, and to his or its assigns. Such franchise may permit it to erect and maintain poles, lines, wires, and conductors for electricity in the streets, lanes, alleys and public places of said city or village and for furnishing the same to the inhabitants thereof. Such franchise may establish the amount that may be charged during such period for electricity and provide that such city or village may, after such period, make any reasonable regulation with reference to any person, firm, or corporation holding such franchise either as to charges for electricity or otherwise. Such city or village is further authorized to contract, lease, or rent the plant, from any person, firm, or corporation, furnishing electricity, within such city or village, for power or the lighting of streets, lanes, alleys and public places of such city or village, but not for a period longer than five years. It may levy a tax for the purpose of paying the cost of such lighting of streets, lanes, alleys or public places of such city or village or to pay the rent under the above-mentioned lease. No public service company, whether publicly or privately owned, shall sell to any city of the second class or village, now generating its own electric energy for all or a major portion of its electric requirements, unless first authorized so to do by a vote of the electors of such city or village, in the same manner and subject to the same conditions as are set forth in section 18-412; Provided, that if no tax or issuance of bonds is required, any city of the second class or village may by resolution of the city council or board of trustees contract for the furnishing of electricity at retail to such city or village, or to any electric plant within such city or village, with any public power district, or an electric cooperative which cooperative has an approved retail service area adjoining such city or village.

Source:Laws 1879, § 39, VI, p. 201; Laws 1881, c. 24, § 1, p. 195; Laws 1905, c. 27, § 1, p. 252; Laws 1911, c. 18, § 1, p. 135; R.S.1913, § 5019; Laws 1919, c. 45, § 1, p. 129; C.S.1922, § 4188; C.S.1929, § 17-127; Laws 1943, c. 28, § 1, p. 123; R.S.1943, § 17-125; Laws 1957, c. 33, § 1(2), p. 197; Laws 1965, c. 58, § 3, p. 267; Laws 1969, c. 83, § 3, p. 419.


Annotations

17-529. Watercourses; aqueducts; wells; regulation.

Second-class cities and villages shall have power (1) to establish and alter the channel of watercourses, and to wall them and cover them over, (2) to establish and regulate wells, cisterns and windmills, aqueducts and reservoirs of water, (3) to provide for filling the same, and (4) to erect and maintain a dike or dikes as protection against flood or surface waters.

Source:Laws 1879, § 69, XV, p. 214; Laws 1881, c. 23, § 8, XV, p. 176; Laws 1885, c. 20, § 1, XV, p. 167; Laws 1887, c. 12, § 1, XV, p. 295; Laws 1893, c. 8, § 1, p. 133; Laws 1903, c. 21, § 1, p. 250; Laws 1905, c. 30, § 1, p. 256; Laws 1907, c. 17, § 1, p. 126; R.S.1913, § 5119; Laws 1917, c. 103, § 1, p. 270; Laws 1919, c. 48, § 1, p. 136; Laws 1919, c. 52, § 1, p. 150; Laws 1919, c. 46, § 2, p. 131; C.S.1922, § 4292; Laws 1925, c. 41, § 1, p. 156; C.S.1929, § 17-441; Laws 1935, c. 34, § 1, p. 141; C.S.Supp.,1941, § 17-441; R.S.1943, § 17-529; Laws 1947, c. 35, § 1(1), p. 146.


Annotations

17-529.01. Dikes; erection and maintenance; eminent domain; procedure.

In connection with the power to establish and alter the channel of watercourses and the power to erect and maintain dikes against flood waters and surface waters, such cities and villages shall be empowered to exercise the power of eminent domain to acquire easements and rights-of-way over real estate situated either within or not more than two miles outside the corporate limits of any such city or village, for the purpose of constructing either a ditch or a dike to prevent flooding of such city or village. The procedure for taking and condemning real estate for such purpose shall be exercised in the manner set forth in sections 76-704 to 76-724. In connection with such condemnation proceedings, the city or village shall be liable not only for the land actually taken but for consequential damages to other lands damaged by the construction of such improvement, and shall be authorized to pay such damages out of any available funds on hand or by the issuance of bonds as provided by law.

Source:Laws 1947, c. 35, § 1(2), p. 146; Laws 1949, c. 23, § 1, p. 95; Laws 1951, c. 101, § 56, p. 473; Laws 1953, c. 287, § 16, p. 939; Laws 1965, c. 66, § 1, p. 286.


Cross References

Annotations

17-529.02. Flood control projects; cooperation with United States; consent to requirements.

Such cities and villages may cooperate with the United States Government in protecting against floods and enter into agreements with such government for that purpose. They may, in order to obtain federal funds for that purpose, consent to requirements of the Congress of the United States that such city or village (1) provide without cost to the United States all lands, easements and rights-of-way necessary for the construction of flood control projects, (2) hold and save the United States free and harmless from damages due to the construction works, and (3) maintain and operate all the flood control works after completion in accordance with regulations prescribed by the Secretary of the Army of the United States.

Source:Laws 1947, c. 35, § 1(3), p. 146; Laws 1972, LB 1047, § 1.


Annotations

17-529.03. Flood control projects; removal to another site; definitions.

As used in sections 17-529.03 to 17-529.07: (1) The term old city or village shall mean a city of the second class or village at its old location, and is not used in the sense that it is another or different city or village after its removal to a new site; (2) the term new city or village shall mean a city of the second class or village at its new location, and is not used in the sense that it is another or different city or village than it was before its removal from an old site; (3) the term county board shall mean and include a board of county commissioners or a board of supervisors of a county, as the case may be; and (4) the term governing board shall mean the city council of a city of the second class, or the board of trustees of a village, as the case may be.

Source:Laws 1947, c. 44, § 1, p. 160.


17-529.04. Flood control projects; removal to another site; when authorized.

Whenever the United States Government acquires by purchase or under eminent domain the entire site upon which a city of the second class or a village is located under any flood control project, such city or village may be removed to another site and retain its corporate identity by observing the procedure set out in sections 17-529.05 and 17-529.06.

Source:Laws 1947, c. 44, § 2, p. 160.


17-529.05. Flood control projects; removal to another site; petition; contents; order for hearing; notice.

Whenever a petition is filed with the county clerk of any county, signed by either the governing board of any city of the second class or village or by one hundred or more electors of any city of the second class or village within such county setting forth: (1) That the United States Government has acquired, or is about to acquire, by purchase or eminent domain or both, the entire site upon which such city or village is located; (2) that the petitioners desire such city or village removed to another site and the corporate identity retained; (3) that a new site has been acquired, or contracted to be acquired, to which the old city or village can be removed; (4) that the petitioners intend to become residents of the new city or village when it is removed to the proposed new site; and (5) offer to pay all costs of the proceedings to effectuate such removal, the county board of such county shall enter an order setting such petition down for hearing not less than thirty nor more than sixty days after the filing of such petition, and shall cause notice thereof to be given by publication three successive weeks prior to such hearing in a legal newspaper of general circulation in such county.

Source:Laws 1947, c. 44, § 3, p. 160.


17-529.06. Flood control projects; removal to another site; hearing; entry of order.

Upon the hearing, if the county board shall find that the statements set forth in the petition are true and that it is for the best interests of the old city or village to authorize such removal, it shall enter an order granting such petition.

Source:Laws 1947, c. 44, § 4, p. 161.


17-529.07. Flood control projects; removal to another site; order; effect.

The order granting such petition shall have the following effect:

(1) The name and corporate identity of the old city or village shall be retained by the new city or village.

(2) The officers of the old city or village shall continue to be the officers of the new city or village until their successors are elected and qualified at the time and in the manner provided by law.

(3) The funds and property of the old city or village shall be retained by and belong to the new city or village.

(4) The proceeds from the sale or condemnation of municipally owned property of the old city or village shall accrue and be paid to the new city or village, except that any outstanding bonded indebtedness of or judgments against the old city or village shall be paid to the holders of such bonds or judgments who shall demand payment thereof and are not willing to permit such bonds or judgments to continue as an indebtedness due from the new city or village.

(5) The ordinances of the old city or village shall continue in full force and effect as the ordinances of the new city or village.

(6) The proceeds from the sale or condemnation of any public school buildings and grounds, either grade or high school or both, situated within the old city or village shall be used for the purchase and construction of a new school building and grounds at the new site, if the new site is located within the same school district as the old site, and if not, the proceeds shall be apportioned between the school district in which the new city or village is located and the school district in which the old city or village was located in the proportion that the actual valuation of the property purchased and condemned by the United States Government in such school district bears to the valuation of the property remaining in such school district not condemned or purchased by the United States Government.

(7) The proceeds from the sale or condemnation of any public buildings and grounds of any township in which the old city or village was located shall be used for the purchase and construction of similar buildings and grounds at the new site, if the new site is located within the same township as the old site, and if not, the proceeds shall be apportioned between the township in which the new city or village is located and the township in which the old city or village was located in the proportion that the actual valuation of the property purchased and condemned by the United States Government in such township bears to the actual valuation of the property remaining in such township not condemned or purchased by the United States Government.

Source:Laws 1947, c. 44, § 5, p. 161; Laws 1979, LB 187, § 51.


17-529.08. Flood control projects; bonds; interest; election; tax; levy.

(1) For the purpose of paying the costs and expenses in implementing sections 17-529.01 and 17-529.02, cities of the second class and villages may borrow money or issue bonds in an amount not to exceed five percent of the taxable valuation of all the taxable property within such city or village according to the last preceding assessment thereof.

(2) Such cities or villages may levy and collect a general tax in the same manner as other municipal taxes are levied and collected in an amount sufficient to pay the interest and principal of the bonds referred to in subsections (1) and (3) of this section, as the same mature, upon the taxable value of all the taxable property within such city or village as shown upon the assessment roles, in addition to the sum authorized to be levied under section 17-506.

(3) No money shall be borrowed or bonds issued as referred to in subsections (1) and (2) of this section unless authorized by a majority of the legal votes cast for and against the proposition at an election held for that purpose. Notice of the election shall be given by publication in some newspaper published or of general circulation in such city or village for at least two weeks prior to the date of such election. The bonds shall be the bonds of such city or village, shall become due in not to exceed twenty years from their date of issue, and shall draw interest payable semiannually or annually.

Source:Laws 1965, c. 73, § 1, p. 296; Laws 1969, c. 51, § 46, p. 300; Laws 1971, LB 534, § 14; Laws 1979, LB 187, § 52; Laws 1992, LB 719A, § 53.


17-530. Waterworks; franchises; terms.

Second-class cities and villages shall have power to make contracts with and authorize any person, company or corporation to erect and maintain a system of waterworks and water supply, and to give such contractors the exclusive privilege for a term not exceeding twenty-five years to lay down in the streets and alleys of such city or village water mains and supply pipes, and to furnish water to such city or village, and the residents thereof, under such regulations as to price, supply, and rent of water meters, as the council or board of trustees may from time to time prescribe by ordinance for the protection of the city, village or people. The right to supervise and control such person, company or corporation shall not be waived or set aside.

Source:Laws 1881, c. 23, § 8, XV, p. 176; Laws 1885, c. 20, § 1, XV, p. 167; Laws 1887, c. 12, § 1, XV, p. 295; Laws 1893, c. 8, § 1, p. 133; Laws 1903, c. 21, § 1, p. 250; Laws 1905, c. 30, § 1, p. 256; Laws 1907, c. 17, § 1, p. 126; R.S.1913, § 5119; Laws 1917, c. 103, § 1, p. 271; Laws 1919, c. 46, § 2, p. 131; Laws 1919, c. 48, § 1, p. 137; Laws 1919, c. 52, § 1, p. 150; C.S.1922, § 4292; Laws 1925, c. 41, § 1, p. 157; C.S.1929, § 17-441; Laws 1935, c. 34, § 1, p. 141; C.S.Supp.,1941, § 17-441; R.S.1943, § 17-530.


Annotations

17-531. Waterworks; acquisition or construction authorized.

Second-class cities and villages shall have power to provide for the purchase of steam engines or fire-extinguishing apparatus and for a supply of water for the purpose of fire protection and public use and for the use of the inhabitants of such cities and villages by the purchase, erection or construction of a system of waterworks, water mains or extensions of any system of waterworks established or situated in whole or in part within such city or village, and for maintaining the same.

Source:Laws 1885, c. 20, § 1, XV, p. 167; Laws 1887, c. 12, § 1, XV, p. 296; Laws 1893, c. 8, § 1, p. 133; Laws 1903, c. 21, § 1, p. 250; Laws 1905, c. 30, § 1, p. 256; Laws 1907, c. 17, § 1, p. 126; R.S.1913, § 5119; Laws 1917, c. 103, § 1, p. 271; Laws 1919, c. 48, § 1, p. 137; Laws 1919, c. 52, § 1, p. 151; Laws 1919, c. 46, § 2, p. 131; C.S.1922, § 4292; Laws 1925, c. 41, § 1, p. 157; C.S.1929, § 17-441; Laws 1935, c. 34, § 1, p. 142; C.S.Supp.,1941, § 17-441; R.S.1943, § 17-531.


Annotations

17-532. Waterworks; private companies; compulsory connections.

Second-class cities and villages shall have power to require any person, firm or corporation operating any public water supply in such city or village to connect with and furnish water to such city or village from its mains located therein, and to provide by ordinance for connections of such mains with the mains or portion of water system constructed or operated by such city or village, under such regulations and under such penalties as may be prescribed therein.

Source:Laws 1907, c. 17, § 1, p. 126; R.S.1913, § 5119; Laws 1917, c. 103, § 1, p. 271; Laws 1919, c. 48, § 1, p. 137; Laws 1919, c. 52, § 1, p. 151; Laws 1919, c. 46, § 2, p. 131; C.S.1922, § 4292; Laws 1925, c. 41, § 1, p. 157; C.S.1929, § 17-441; Laws 1935, c. 34, § 1, p. 142; C.S.Supp.,1941, § 17-441; R.S.1943, § 17-532.


17-533. Waterworks; construction; bids.

All contracts for the construction of any such work, or any part thereof, shall be let to the lowest responsible bidder therefor, and upon not less than twenty days' published 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 or village, and if no newspaper is published therein, then in some newspaper published in the county; Provided, in all cases the council or board of trustees, as the case may be, shall have the right to reject any and all bids that may not be satisfactory to them.

Source:Laws 1881, c. 23, § 8, XV, p. 177; Laws 1885, c. 20, § 1, XV, p. 167; Laws 1887, c. 12, § 1, XV, p. 296; Laws 1893, c. 8, § 1, p. 133; Laws 1903, c. 21, § 1, p. 250; Laws 1905, c. 30, § 1, p. 256; Laws 1907, c. 17, § 1, p. 127; R.S.1913, § 5119; Laws 1917, c. 103, § 1, p. 271; Laws 1919, c. 48, § 1, p. 137; Laws 1919, c. 52, § 1, p. 151; Laws 1919, c. 46, § 2, p. 131; C.S.1922, § 4292; Laws 1925, c. 41, § 1, p. 157; C.S.1929, § 17-441; Laws 1935, c. 34, § 1, p. 142; C.S.Supp.,1941, § 17-441; R.S.1943, § 17-533.


Annotations

17-534. Waterworks; purchase or construction; bonds; interest; limitation; tax; approval of electors required; exception.

(1) Such cities or villages may borrow money or issue bonds in an amount not to exceed twelve percent of the taxable valuation of all the taxable property within such city or village according to the last preceding assessment thereof, for the purchase of steam engines or fire-extinguishing apparatus and for the purchase, construction, and maintenance of such waterworks, mains, portion, or extension of any system of waterworks or water supply or to pay for water furnished such city or village under contract, when authorized as is provided for by subsection (3) of this section.

(2) Such cities or villages may levy and collect a general tax in the same manner as other municipal taxes are levied and collected in an amount sufficient to pay the interest and principal of the bonds referred to in subsections (1) and (3) of this section, as the same mature, upon the taxable value of all the taxable property within such city or village as shown upon the assessment rolls, in addition to the sum authorized to be levied under section 17-506. All taxes raised by such a levy shall be retained in a fund known as the water fund.

(3) No money shall be borrowed or bonds issued as referred to in subsections (1) and (2) of this section unless authorized by a majority of the legal votes of such city or village cast for and against the proposition at an election held for that purpose. Notice of the election shall be given by publication in some newspaper published or of general circulation in such city or village for at least two weeks prior to the date of such election. The requirement of this section of a vote of the electors shall not apply when the proceeds of the bonds will be used solely for the maintenance, extension, improvement, or enlargement of any existing system of waterworks or water supply owned by the city or village and the bonds have been ordered issued by a vote of not less than three-fourths of all the city council or board of trustees as the case may be. The bonds shall be the bonds of such city or village and be called water bonds. They shall become due in not to exceed forty years from the date of issue and shall draw interest payable semiannually or annually.

Source:Laws 1881, c. 23, § 8, XV, p. 177; Laws 1885, c. 20, § 1, XV, p. 168; Laws 1887, c. 20, § 1, XV, p. 296; Laws 1893, c. 8, § 1, p. 134; Laws 1903, c. 21, § 1, p. 250; Laws 1905, c. 30, § 1, p. 257; Laws 1907, c. 17, § 1, p. 127; R.S.1913, § 5119; Laws 1917, c. 103, § 1, p. 271; Laws 1919, c. 48, § 1, p. 138; Laws 1919, c. 52, § 1, p. 151; Laws 1919, c. 46, § 2, p. 132; C.S.1922, § 4292; Laws 1925, c. 41, § 1, p. 158; C.S.1929, § 17-441; Laws 1935, c. 34, § 1, p. 142; C.S.Supp.,1941, § 17-441; R.S.1943, § 17-534; Laws 1945, c. 30, § 1, p. 147; Laws 1949, c. 24, § 1, p. 96; Laws 1955, c. 50, § 1, p. 169; Laws 1969, c. 51, § 47, p. 301; Laws 1971, LB 83, § 1; Laws 1971, LB 982, § 1; Laws 1979, LB 187, § 53; Laws 1992, LB 719A, § 54.


Annotations

17-535. Waterworks; construction and maintenance; acquisition of land beyond corporate limits; procedure.

For the purpose of erecting, constructing, locating, maintaining, or supplying such waterworks, mains, portion, or extension of any system of waterworks or water supply, any such city or village may go beyond its territorial limits and may take, hold, acquire rights, property, and real estate by purchase or otherwise, and may for this purpose, take, hold, and condemn any and all necessary property. The procedure to condemn property shall be exercised in the manner set forth in sections 76-704 to 76-724.

Source:Laws 1881, c. 23, § 8, XV, p. 178; Laws 1885, c. 20, § 1, XV, p. 169; Laws 1887, c. 12, § 1, XV, p. 297; Laws 1893, c. 8, § 1, p. 135; Laws 1903, c. 21, § 1, p. 251; Laws 1905, c. 30, § 1, p. 257; Laws 1907, c. 17, § 1, p. 128; R.S.1913, § 5119; Laws 1917, c. 103, § 1, p. 272; Laws 1919, c. 48, § 1, p. 138; Laws 1919, c. 52, § 1, p. 152; Laws 1919, c. 46, § 2, p. 132; C.S.1922, § 4292; Laws 1925, c. 41, § 1, p. 159; C.S.1929, § 17-441; Laws 1935, c. 34, § 1, p. 143; C.S.Supp.,1941, § 17-441; R.S.1943, § 17-535; Laws 1951, c. 101, § 57, p. 473.


Annotations

17-536. Waterworks; water supply; pollution; power to prevent.

The jurisdiction of such city or village, to prevent any pollution or injury to the stream or source of water for the supply of such waterworks, shall extend fifteen miles beyond its corporate limits.

Source:Laws 1881, c. 23, § 8, XV, p. 178; Laws 1885, c. 20, § 1, XV, p. 169; Laws 1887, c. 12, § 1, XV, p. 298; Laws 1893, c. 8, § 1, p. 135; Laws 1903, c. 21, § 1, p. 251; Laws 1905, c. 30, § 1, p. 258; Laws 1907, c. 17, § 1, p. 128; R.S.1913, § 5119; Laws 1917, c. 103, § 1, p. 272; Laws 1919, c. 48, § 1, p. 138; Laws 1919, c. 52, § 1, p. 152; Laws 1919, c. 46, § 2, p. 133; C.S.1922, § 4292; Laws 1925, c. 41, § 1, p. 159; C.S.1929, § 17-441; Laws 1935, c. 34, § 1, p. 143; C.S.Supp.,1941, § 17-441; R.S.1943, § 17-536.


Annotations

17-537. Waterworks; rules and regulations.

The council or board of trustees of such cities and villages shall have power to make and enforce all needful rules and regulations in the construction, use, and management of such waterworks, mains, portion or extension of any system of waterworks or water supply and for the use of the water therefrom.

Source:Laws 1881, c. 23, § 8, XV, p. 178; Laws 1885, c. 20, § 1, XV, p. 169; Laws 1887, c. 12, § 1, XV, p. 298; Laws 1893, c. 8, § 1, p. 135; Laws 1903, c. 21, § 1, p. 251; Laws 1905, c. 30, § 1, p. 258; Laws 1907, c. 17, § 1, p. 128; R.S.1913, § 5119; Laws 1917, c. 103, § 1, p. 272; Laws 1919, c. 48, § 1, p. 139; Laws 1919, c. 52, § 1, p. 152; Laws 1919, c. 46, § 2, p. 133; C.S.1922, § 4292; Laws 1925, c. 41, § 1, p. 159; C.S.1929, § 17-441; Laws 1935, c. 34, § 1, p. 143; C.S.Supp.,1941, § 17-441; R.S.1943, § 17-537.


17-538. Waterworks; use of water; rates or rental; collection.

Such cities and villages shall have the right and power to tax, assess, and collect from the inhabitants thereof such tax, rent or rates for the use and benefit of water used or supplied to them by such waterworks, mains, portion or extension of any system of waterworks or water supply as the council or board of trustees shall deem just or expedient; and all such water rates, taxes or rent shall be a lien upon the premises, or real estate, upon or for which the same is used or supplied; and such taxes, rents or rates shall be paid and collected and such lien enforced in such manner as the council or board of trustees shall by ordinance direct and provide.

Source:Laws 1881, c. 23, § 8, XV, p. 179; Laws 1885, c. 20, § 1, XV, p. 169; Laws 1887, c. 12, § 1, XV, p. 298; Laws 1893, c. 8, § 1, p. 135; Laws 1903, c. 21, § 1, p. 252; Laws 1905, c. 30, § 1, p. 258; Laws 1907, c. 17, § 1, p. 128; R.S.1913, § 5118; Laws 1917, c. 103, § 1, p. 273; Laws 1919, c. 48, § 1, p. 139; Laws 1919, c. 52, § 1, p. 152; Laws 1919, c. 46, § 2, p. 133; C.S.1922, § 4292; Laws 1925, c. 41, § 1, p. 159; C.S.1929, § 17-441; Laws 1935, c. 34, § 1, p. 143; C.S.Supp.,1941, § 17-441; R.S.1943, § 17-538.


Annotations

17-539. Waterworks; construction; cost; special assessments.

The expense of erecting, locating, and constructing reservoirs and hydrants for the purpose of fire protection and the expense of constructing and laying water mains, pipes, or such parts thereof as may be just and lawful, may be assessed upon and collected from the property and real estate specially benefited thereby, if any, as a special assessment in such manner as may be provided for the making of special assessments for other public improvements in such cities and villages.

Source:Laws 1881, c. 23, § 8, XV, p. 179; Laws 1885, c. 20, § 1, XV, p. 170; Laws 1887, c. 12, § 1, XV, p. 298; Laws 1893, c. 8, § 1, p. 135; Laws 1903, c. 21, § 1, p. 252; Laws 1905, c. 30, § 1, p. 258; Laws 1907, c. 17, § 1, p. 128; R.S.1913, § 5119; Laws 1917, c. 103, § 1, p. 273; Laws 1919, c. 48, § 1, p. 139; Laws 1919, c. 52, § 1, p. 153; Laws 1919, c. 46, § 2, p. 133; C.S.1922, § 4292; Laws 1925, c. 41, § 1, p. 159; C.S.1929, § 17-441; Laws 1935, c. 34, § 1, p. 143; C.S.Supp.,1941, § 17-441; R.S.1943, § 17-539; Laws 2015, LB361, § 32.    


Annotations

17-540. Waterworks; income; how used; surplus, investment.

All income received by such cities or villages from public utilities and from the payment and collection of water taxes, rents, rates or assessments shall be applied to the payment of running expenses, interest on bonds or money borrowed and the erection and construction of public utilities; should there be any surplus, it shall be annually created into a sinking fund for the payment of public utility bonds or for the improvements of the works, or into the general fund as the council or board of trustees may direct. The surplus remaining, if any, may, if the council or board of trustees so directs, be invested in interest-bearing bonds or obligations of the United States.

Source:Laws 1881, c. 23, § 8, XV, p. 179; Laws 1885, c. 20, § 1, XV, p. 170; Laws 1887, c. 12, § 1, XV, p. 299; Laws 1893, c. 8, § 1, p. 136; Laws 1903, c. 21, § 1, p. 252; Laws 1905, c. 30, § 1, p. 258; Laws 1907, c. 17, § 1, p. 129; R.S.1913, § 5119; Laws 1917, c. 103, § 1, p. 273; Laws 1919, c. 48, § 1, p. 139; Laws 1919, c. 52, § 1, p. 153; Laws 1919, c. 46, § 2, p. 133; C.S.1922, § 4292; Laws 1925, c. 41, § 1, p. 160; C.S.1929, § 17-441; Laws 1935, c. 34, § 1, p. 144; C.S.Supp.,1941, § 17-441; Laws 1943, c. 27, § 1(1), p. 121; R.S.1943, § 17-540; Laws 1969, c. 93, § 1, p. 459.


17-541. Waterworks; water commissioner; appointment; term; bond or insurance; removal; public works commissioner, when.

As soon as a system of waterworks or mains or portion or extension of any system of waterworks or water supply has been established by any city or village, the mayor of such city or the chairperson of the board of trustees of such village shall nominate and by and with the advice and consent of the city council or board of trustees, as the case may be, shall appoint any competent person who shall be known as the water commissioner of such city or village and whose term of office shall be for one fiscal year or until his or her successor is appointed and qualified. Annually at the first regular meeting of the city council or board of trustees in December, the water commissioner shall be appointed as provided in this section. The water commissioner may at any time, for sufficient cause, be removed by a two-thirds vote of the city council or board of trustees. Any vacancy occurring in the office of water commissioner by death, resignation, removal from office, or removal from the city or village may be filled in the manner provided in this section for the appointment of such commissioner. The water commissioner shall, before he or she enters upon the discharge of his or her duties, execute a bond or provide evidence of equivalent insurance to such city or village in a sum to be fixed by the mayor and council or the board of trustees, but not less than five thousand dollars, conditioned upon the faithful discharge of his or her duties, and such bond shall be signed by two or more good and sufficient sureties, to be approved by the mayor and council or board of trustees or executed by a corporate surety. The water commissioner, subject to the supervision of the mayor and council or board of trustees, shall have the general management and control of the system of waterworks or mains or portion or extension of any system of waterworks or water supply in the city or village. In a city or village where no board of public works exists, and such municipality has other public utilities than its waterworks system, the mayor and council or the board of trustees, as the case may be, shall by ordinance designate the water commissioner as public works commissioner with authority to manage not only the system of waterworks but also other public utilities, and all of the provisions of this section applying to the water commissioner shall apply to the public works commissioner.

Source:Laws 1881, c. 23, § 8, XV, p. 180; Laws 1885, c. 20, § 1, XV, p. 170; Laws 1887, c. 12, § 1, XV, p. 299; Laws 1893, c. 8, § 1, p. 136; Laws 1903, c. 21, § 1, p. 252; Laws 1905, c. 30, § 1, p. 259; Laws 1907, c. 17, § 1, p. 129; R.S.1913, § 5119; Laws 1917, c. 103, § 1, p. 273; Laws 1919, c. 48, § 1, p. 139; Laws 1919, c. 52, § 1, p. 153; Laws 1919, c. 46, § 2, p. 134; C.S.1922, § 4292; Laws 1925, c. 41, § 1, p. 160; C.S.1929, § 17-441; Laws 1935, c. 34, § 1, p. 144; Laws 1937, c. 33, § 1, p. 158; C.S.Supp.,1941, § 17-441; R.S.1943, § 17-541; Laws 1961, c. 51, § 1, p. 193; Laws 2001, LB 484, § 1;    Laws 2007, LB347, § 11.    


17-542. Waterworks; rates; regulation.

The city council or board of trustees, as the case may be, is hereby expressly given the power to fix the rates to be paid by water consumers of said city or village for the use of water from the waterworks of said city or village, including herein the power to require, as a condition precedent to the use of such water, the furnishing of water meters at the expense of such water consumers as may be provided by ordinance of such city or village.

Source:Laws 1881, c. 23, § 8, XV, p. 181; Laws 1885, c. 20, § 1, XV, p. 171; Laws 1887, c. 12, § 1, XV, p. 300; Laws 1893, c. 8, § 1, p. 137; Laws 1903, c. 21, § 1, p. 253; Laws 1905, c. 30, § 1, p. 259; Laws 1907, c. 17, § 1, p. 129; R.S.1913, § 5119; Laws 1917, c. 103, § 1, p. 274; Laws 1919, c. 48, § 1, p. 140; Laws 1919, c. 52, § 1, p. 154; Laws 1919, c. 46, § 2, p. 134; C.S.1922, § 4292; Laws 1925, c. 41, § 1, p. 161; C.S.1929, § 17-441; Laws 1935, c. 34, § 1, p. 145; Laws 1937, c. 33, § 1, p. 158; C.S.Supp.,1941, § 17-441; R.S.1943, § 17-542.


17-543. Waterworks; water commissioner; duty to account; report; salary; public works commissioner; duties.

The water commissioner shall collect all money received by the city or village on account of its system of waterworks, and shall faithfully account for and pay over the same to the treasurer of such city or village, taking his or her receipt therefor in duplicate, filing one of the same with the city or village clerk. He or she shall make a detailed report to the city council or board of trustees, at least once every six months, of the condition of the water system, of all mains, pipes, hydrants, reservoirs, and machinery, and such improvements, repairs, and extension thereof as he or she may think proper. The report shall show the amount of receipts and expenditures on account thereof for the preceding six months. No money shall be expended for improvements, repairs, or extension of the waterworks system except upon recommendation of the water commissioner. The water commissioner shall perform such other duties as may be prescribed by ordinance. The water commissioner shall be paid such salary as the council or board of trustees may by ordinance provide, and upon his or her written recommendation, the mayor and council or chairperson and board of trustees shall employ such laborers and clerks as may to them seem necessary. Neither the mayor nor any member of the council in a city of the second class shall be eligible to the office of water commissioner during the term for which he or she was elected. If the city or village involved owns public utilities other than the waterworks system, and the water commissioner has been designated by ordinance as the public works commissioner under the authority of section 17-541, then all provisions of this section in reference to a water commissioner shall apply to the public works commissioner.

Source:Laws 1881, c. 23, § 8, XV, p. 181; Laws 1885, c. 20, § 1, XV, p.172; Laws 1887, c. 12, § 1, XV, p. 300; Laws 1893, c. 8, § 1, p. 137; Laws 1903, c. 21, § 1, p. 253; Laws 1905, c. 30, § 1, p. 259; Laws 1907, c. 17, § 1, p. 129; R.S.1913, § 5119; Laws 1917, c. 103, § 1, p. 274; Laws 1919, c. 48, § 1, p. 140; Laws 1919, c. 52, § 1, p. 154; Laws 1919, c. 46, § 2, p. 134; C.S.1922, § 4292; Laws 1925, c. 41, § 1, p. 161; C.S.1929, § 17-441; Laws 1935, c. 34, § 1, p. 145; Laws 1937, c. 33, § 1, p. 159; C.S.Supp.,1941, § 17-441; R.S.1943, § 17-543; Laws 1961, c. 51, § 2, p. 194; Laws 1983, LB 310, § 1.


17-544. Repealed. Laws 1947, c. 36, § 1.

17-545. Waterworks; additional tax; when authorized.

Every city of the second class and village in the State of Nebraska which owns its own water plant and a system of hydrants in connection therewith is hereby authorized and empowered to provide a fund upon the presentation to the city council or village board of a petition signed by sixty percent of the legal voters of the city or village, in addition to the general fund of such city or village, by making a levy at the time authorized by law, not to exceed two and one-tenth cents on each one hundred dollars upon the taxable value of all the taxable property of the city or village, for the purpose of paying the expense or aiding in paying the expense of maintaining such system of hydrants and pumping and supplying through them water for public purposes.

Source:Laws 1915, c. 217, § 1, p. 486; C.S.1922, § 4294; C.S.1929, § 17-443; R.S.1943, § 17-545; Laws 1953, c. 287, § 17, p. 939; Laws 1979, LB 187, § 54; Laws 1992, LB 719A, § 55.


17-546. Waterworks; additional tax; provision cumulative.

The right and power to provide the fund mentioned in section 17-545 for such purposes shall in no way prevent said cities of the second class and villages from providing in whole or in part for the expense of such hydrants, and of pumping and supplying through them water for public purposes, in any other manner now provided by law.

Source:Laws 1915, c. 217, § 2, p. 486; C.S.1922, § 4295; C.S.1929, § 17-444; R.S.1943, § 17-546.


17-547. Animals running at large; regulation.

Second-class cities and villages shall have power to regulate 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 cost and penalties provided for the violation of such prohibitions, and the expense of impounding and keeping the same, and of such sale.

Source:Laws 1879, § 69, XVI, p. 214; Laws 1881, c. 23, § 8, XVI, p. 182; Laws 1885, c. 20, § 1, XVI, p. 173; Laws 1887, c. 12, § 1, XVI, p. 301; R.S.1913, § 5121; C.S.1922, § 4296; C.S.1929, § 17-445; R.S.1943, § 17-547.


Annotations

17-548. Pounds; establishment.

Second-class cities and villages shall have power to provide for the erection of all needful pens and pounds within or without the city limits, to appoint and compensate keepers thereof, and to establish and enforce rules governing the same.

Source:Laws 1879, § 69, XVII, p. 214; Laws 1881, c. 23, § 8, XVII, p. 182; Laws 1885, c. 20, § 1, XVII, p. 173; Laws 1887, c. 12, § 1, XVII, p. 301; R.S.1913, § 5122; C.S.1922, § 4297; C.S.1929, § 17-446; R.S.1943, § 17-548.


17-549. Fire prevention; regulations.

Second-class cities and villages shall have power to regulate the construction of and order the suppression and cleaning of fireplaces, chimneys, stoves, stovepipes, ovens, boilers, kettles, forges or any apparatus used in any building, manufactory or business which may be dangerous in causing or promoting fires, and to prescribe the limits within which no dangerous or obnoxious and offensive business may be carried on.

Source:Laws 1879, § 69, XVIII, p. 214; Laws 1881, c. 23, § 8, XVIII, p. 182; Laws 1885, c. 20, § 1, XVIII, p. 173; Laws 1887, c. 12, § 1, XVIII, p. 301; R.S.1913, § 5123; C.S.1922, § 4298; C.S.1929, § 17-447; R.S.1943, § 17-549.


17-550. Buildings; construction; regulation.

Second-class cities and villages shall have power to prescribe and alter limits within which no buildings shall be constructed except of brick, stone or other incombustible material, with fireproof roof; and, after such limits are established, no special permits shall be given for the erection of buildings of combustible material within said limits.

Source:Laws 1879, § 69, XIX, p. 214; Laws 1881, c. 23, § 8, XIX, p. 182; Laws 1885, c. 20, § 1, XIX, p. 173; Laws 1887, c. 12, § 1, XIX, p. 301; R.S.1913, § 5124; C.S.1922, § 4299; C.S.1929, § 17-448; R.S.1943, § 17-550.


Annotations

17-551. Railways; depots; regulation.

Second-class cities and villages shall have power to regulate levees, depots, depot grounds, and places for storing freight and goods, and to provide for and regulate the passage of railways through streets and public grounds of the city or village.

Source:Laws 1879, § 69, XX, p. 215; Laws 1881, c. 23, § 8, XX, p. 182; Laws 1885, c. 20, § 1, XX, p. 173; Laws 1887, c. 12, § 1, XX, p. 302; R.S.1913, § 5125; C.S.1922, § 4300; C.S.1929, § 17-449; R.S.1943, § 17-551.


17-552. Railways; crossings; safety regulations.

Second-class cities and villages shall have power to regulate the crossing of railway tracks and to provide precautions and prescribe rules regulating the same, and to regulate the running of railway engines, cars or trucks within the limits of said city or village, and prescribe rules relating thereto, and to govern the speed thereof, and to make any other and further provisions, rules, and restrictions to prevent accidents at crossings and on the tracks of railways, and to prevent fires from engines.

Source:Laws 1879, § 69, XXI, p. 215; Laws 1881, c. 23, § 8, XXI, p. 183; Laws 1885, c. 20, § 1, XXI, p. 174; Laws 1887, c. 12, § 1, XXI, p. 302; R.S.1913, § 5126; C.S.1922, § 4301; C.S.1929, § 17-450; R.S.1943, § 17-552.


Annotations

17-553. Repealed. Laws 1991, LB 356, § 36.

17-554. Fuel and feed; inspection and weighing.

Second-class cities and villages shall have power to provide for the inspection and weighing of hay, grain and coal, the measuring of wood and fuel to be used in the city or village, 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; and to fix the fees and duties of persons authorized to perform the duties named in this section.

Source:Laws 1879, § 69, XXIII, p. 215; Laws 1881, c. 23, § 8, XXIII, p. 183; Laws 1885, c. 20, § 1, XXIII, p. 174; Laws 1887, c. 12, § 1, XXIII, p. 302; R.S.1913, § 5128; C.S.1922, § 4303; C.S.1929, § 17-452; R.S.1943, § 17-554.


17-555. Streets and sidewalks; removal of obstructions; trees; declaration of nuisance; procedure; special assessment.

(1) Cities of the second class or villages may remove all obstructions from the sidewalks, curbstones, gutters, and crosswalks at the expense of the person placing them there or at the expense of the city or village and require and regulate the planting and protection of shade trees in and along the streets and the trimming and removing of such trees.

(2) Cities of the second class or villages may by ordinance declare it to be a nuisance for a property owner to permit, allow, or maintain any dead or diseased trees within the right-of-way of streets within the corporate limits or within its one-mile zoning jurisdiction of the city or village. Notice to abate and remove such nuisance and notice of the right to a hearing and the manner in which it may be requested shall be given to each owner or owner's duly authorized agent and to the occupant, if any. The city or village shall establish the method of notice by ordinance. If notice is given by first-class mail, such mail shall be conspicuously marked as to its importance. Within five days after receipt of such notice, the owner or occupant of the lot or piece of ground may request a hearing with the city or village to appeal the decision to abate or remove the nuisance by filing a written appeal with the office of the city or village clerk. A hearing on the appeal shall be held within fourteen days after the filing of the appeal and shall be conducted by an elected or appointed officer as designated in the ordinance. The hearing officer shall render a decision on the appeal within five business days after the conclusion of the hearing. If the appeal fails, the city or village may have the work done to abate and remove the dead or diseased trees. If the owner or occupant of the lot or piece of ground does not request a hearing with the city or village within five days after receipt of such notice or fails to comply with the order to abate and remove the nuisance, the city or village may have such work done. The city or village may levy and assess all or any portion of the costs and expenses of the work upon the lot or piece of ground so benefited as a special assessment.

(3) Cities or villages may regulate the building of bulkheads, cellar and basement ways, stairways, railways, windows, doorways, awnings, hitching posts and rails, lampposts, awning posts, all other structures projecting upon or over and adjoining, and all other excavations through and under the sidewalks in the city or village.

Source:Laws 1879, § 69, XXIV, p. 215; Laws 1881, c. 23, § 8, XXIV, p. 183; Laws 1885, c. 20, § 1, XXIV, p. 174; Laws 1887, c. 12, § 1, XXIV, p. 303; R.S.1913, § 5129; C.S.1922, § 4304; C.S.1929, § 17-453; R.S.1943, § 17-555; Laws 1994, LB 695, § 6; Laws 2015, LB266, § 11;    Laws 2015, LB361, § 33;    Laws 2016, LB703, § 2.    
Effective Date: July 21, 2016


Annotations

17-556. Public safety; firearms; explosives; riots; regulation.

Cities of the second class and villages shall have power to prevent and restrain riots, routs, noises, disturbances, or disorderly assemblages; to regulate, prevent, restrain, or remove nuisances in residential parts of municipalities and to designate what shall be considered a nuisance; to regulate, punish, and prevent the discharge of firearms, 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, prevent, and punish the carrying of concealed weapons, except the carrying of a concealed handgun in compliance with the Concealed Handgun Permit Act; and to arrest, regulate, punish, fine, or set at work on the streets or elsewhere all vagrants and persons found without means of support or some legitimate business.

Source:Laws 1879, § 69, XXV, p. 216; Laws 1881, c. 23, § 8, XXV, p. 184; Laws 1885, c. 20, § 1, XXV, p. 175; Laws 1887, c. 12, § 1, XXV, p. 303; R.S.1913, § 5130; C.S.1922, § 4305; C.S.1929, § 17-454; R.S.1943, § 17-556; Laws 2009, LB430, § 4.    


Cross References

Annotations

17-557. Streets; safety regulations; removal of snow, ice, and other encroachments.

Second-class cities and villages shall have power to prevent and remove all encroachments, including snow, ice, mud or other obstructions, into and upon all sidewalks, streets, avenues, alleys, and other city or village property, and to punish and prevent all horseracing, fast driving or riding in the streets, highways, alleys, bridges, or places in the city or village, and all games, practices or amusements therein likely to result in damage to any person or property; and to regulate, prevent and punish the riding, driving or passing of horses, mules, cattle or other teams or any vehicle drawn thereby, over, upon or across sidewalks, or along any street of the city or village.

Source:Laws 1879, § 69, XXVI, p. 216; Laws 1881, c. 23, § 8, XXVI, p. 184; Laws 1885, c. 20, § 1, XXVI, p. 175; Laws 1887, c. 12, § 1, XXVI, p. 303; R.S.1913, § 5131; C.S.1922, § 4306; C.S.1929, § 17-455; R.S.1943, § 17-557; Laws 1947, c. 37, § 1, p. 148.


Annotations

17-557.01. Sidewalks; removal of encroachments; cost of removal; special assessments; interest.

If the abutting property owner refuses or neglects, after five days' notice by publication or, in place thereof, personal service of such notice, to remove all encroachments from sidewalks, as provided in section 17-557, the city or village through the proper officers may cause such encroachments to be removed and the cost of removal shall be paid out of the street fund. The city council or board of trustees shall assess the cost of the notice and removal of the encroachment against such abutting property as a special assessment. Such special assessment shall be known as a special sidewalk assessment and, together with the cost of notice, shall be levied and collected as a special assessment in addition to the general revenue taxes and shall be subject to the same penalties as other special assessments and shall draw interest from the date of the assessment. Upon payment of the assessment, the assessment shall be credited to the street fund.

Source:Laws 1947, c. 37, § 2, p. 149; Laws 1969, c. 51, § 48, p. 302; Laws 2015, LB361, § 34.    


17-558. Streets; improving; vacating; abutting property; how treated.

(1) Cities of the second class and villages shall have power to open, widen, or otherwise improve or vacate any street, avenue, alley, or lane within the limits of the city or village and also to create, open, and improve any new street, avenue, alley, or lane. All damages sustained by the citizens of the city or village, or by the owners of the property therein, shall be ascertained in such manner as shall be provided by ordinance.

(2) Whenever any street, avenue, alley, or lane is vacated, the same shall revert to the owners of the abutting real estate, one-half on each side thereof, and become a part of such property, unless the city or village reserves title in the ordinance vacating such street or alley. If title is retained by the city or village, such property may be sold, conveyed, exchanged, or leased upon such terms and conditions as shall be deemed in the best interests of the city or village.

(3) When a portion of a street, avenue, alley, or lane is vacated only on one side of the center thereof, the title to such land shall vest in the owner of the abutting property and become a part of such property unless the city or village reserves title in the ordinance vacating a portion of such street or alley. If title is retained by the city or village, such property may be sold, conveyed, exchanged, or leased upon such terms and conditions as shall be deemed in the best interests of the city or village.

(4) When the city or village vacates all or any portion of a street, avenue, alley, or lane, the city or village shall, within thirty days after the effective date of the vacation, file a certified copy of the vacating ordinance or resolution with the register of deeds for the county in which the vacated property is located to be indexed against all affected lots.

(5) The title to property vacated pursuant to this section shall be subject to the following:

(a) There is reserved to the city or village the right to maintain, operate, repair, and renew public utilities existing at the time title to the property is vacated there; and

(b) There is reserved to the city or village, any public utilities, and any cable television systems the right to maintain, repair, renew, and operate water mains, gas mains, pole lines, conduits, electrical transmission lines, sound and signal transmission lines, and other similar services and equipment and appurtenances, including lateral connections or branch lines, above, on, or below the surface of the ground that are existing as valid easements at the time title to the property is vacated for the purposes of serving the general public or the abutting properties and to enter upon the premises to accomplish such purposes at any and all reasonable times.

Source:Laws 1879, § 69, XXVII, p. 216; Laws 1881, c. 23, § 8, XXVII, p. 184; Laws 1885, c. 20, § 1, XXVII, p. 175; Laws 1887, c. 12, § 1, XXVII, p. 304; R.S.1913, § 5132; C.S.1922, § 4307; C.S.1929, § 17-456; R.S.1943, § 17-558; Laws 1969, c. 58, § 3, p. 364; Laws 2001, LB 483, § 6;    Laws 2005, LB 161, § 7.    


Annotations

17-559. Streets; offstreet parking; markets; public utilities; establishment; eminent domain; procedure.

Second-class cities and villages shall have power to create, open, widen, or extend any street, avenue, alley, offstreet parking area, or other public way, or annul, vacate, or discontinue the same; to take private property for public use for the purpose of erecting or establishing market houses, market places, parks, swimming pools, airports, gas systems, including distribution facilities, water systems, power plants, including electrical distribution facilities, sewer systems, or for any other needed public purpose; and to exercise the power of eminent domain within or without the city or village limits for the purpose of establishing and operating power plants including electrical distribution facilities to supply such city or village with public utility service, and for sewerage purposes, water supply systems, or airports. The procedure to condemn property shall be exercised in the manner set forth in sections 76-704 to 76-724, except as to property specifically excluded by section 76-703 and as to which sections 19-701 to 19-707 or the Municipal Natural Gas System Condemnation Act is applicable. For purposes of this section, electrical distribution facilities shall be located within the retail service area of such city or village as approved by and on file with the Nebraska Power Review Board, pursuant to Chapter 70, article 10.

Source:Laws 1879, § 69, XXVIII, p. 217; Laws 1881, c. 23, § 8, XXVIII, p. 185; Laws 1885, c. 20, § 1, XXVIII, p. 176; Laws 1887, c. 12, § 1, XXVIII, p. 304; Laws 1909, c. 23, § 1, p. 195; R.S.1913, § 5133; Laws 1919, c. 47, § 1, p. 136; C.S.1922, § 4308; Laws 1923, c. 137, § 1, p. 336; C.S.1929, § 17-457; R.S.1943, § 17-559; Laws 1951, c. 101, § 58, p. 473; Laws 1959, c. 50, § 1, p. 240; Laws 1982, LB 875, § 2; Laws 2002, LB 384, § 25.    


Cross References

Annotations

17-560. Borrowing power; pledges.

Second-class cities and villages shall have power to borrow money on the credit of the city, and pledge the credit, revenue and public property of the city for the payment thereof, when authorized in the manner hereinafter provided.

Source:Laws 1879, § 69, XXIX, p. 217; Laws 1881, c. 23, XXIX, p. 185; Laws 1885, c. 20, § 1, XXIX, p. 176; Laws 1887, c. 12, § 1, XXIX, p. 305; R.S.1913, § 5134; C.S.1922, § 4309; C.S.1929, § 17-458; R.S.1943, § 17-560.


17-561. Railway tracks; lighting, city may require; cost; assessment.

Cities of the second class and villages shall have power, by ordinance, to require the lighting of the railroad track of any steam railway within the city or village in such manner as they shall prescribe; and in case the company owning or operating such railway shall fail to comply with such requirements, the council or board of trustees may cause the same to be done and may assess the expense thereof against such company; and the same shall constitute a lien upon any real estate belonging to such company and lying within such city or village, and may be collected in the same manner as taxes for general purposes.

Source:Laws 1911, c. 19, § 1, p. 136; R.S.1913, § 5135; C.S.1922, § 4310; C.S.1929, § 17-501; R.S.1943, § 17-561.


17-562. Repealed. Laws 1980, LB 741, § 1.

17-563. Lots; drainage; weeds or litter; nuisance; noncompliance by owner; notice; hearing; special assessment; violation; penalty; civil action.

(1) A city of the second class and village by ordinance (a) may require lots or pieces of ground within the city or village or within its one-mile zoning jurisdiction to be drained or filled so as to prevent stagnant water or any other nuisance accumulating thereon, (b) may require the owner or occupant of any lot or piece of ground within the city or village or within its one-mile zoning jurisdiction to keep the lot or piece of ground and the adjoining streets and alleys free of excessive growth of weeds, grasses, or worthless vegetation, and (c) may prohibit and control the throwing, depositing, or accumulation of litter on any lot or piece of ground within the city or village or within its one-mile zoning jurisdiction.

(2) Any city of the second class and village may by ordinance declare it to be a nuisance to permit or maintain excessive growth of weeds, grasses, or worthless vegetation or to litter or cause litter to be deposited or remain thereon except in proper receptacles. The city or village shall establish by ordinance the height at which weeds, grasses, or worthless vegetation are a nuisance.

(3) Any owner or occupant of a lot or piece of ground shall, upon conviction of violating any ordinance authorized under this section, be guilty of a Class V misdemeanor.

(4) Notice to abate and remove such nuisance shall be given to each owner or owner's duly authorized agent and to the occupant, if any. The city or village shall establish the method of notice by ordinance. If notice is given by first-class mail, such mail shall be conspicuously marked as to its importance. Within five days after receipt of such notice, the owner or occupant of the lot or piece of ground may request a hearing with the city or village to appeal the decision to abate or remove a nuisance by filing a written appeal with the office of the city or village clerk. A hearing on the appeal shall be held within fourteen days after the filing of the appeal and shall be conducted by an elected or appointed officer as designated in the ordinance. The hearing officer shall render a decision on the appeal within five business days after the conclusion of the hearing. If the appeal fails, the city or village may have such work done. Within five days after receipt of such notice, if the owner or occupant of the lot or piece of ground does not request a hearing with the city or village or fails to comply with the order to abate and remove the nuisance, the city or village may have such work done. The costs and expenses of any such work shall be paid by the owner. If unpaid for two months after such work is done, the city or village may either (a) levy and assess the costs and expenses of the work upon the lot or piece of ground so benefited as a special assessment in the same manner as other special assessments for improvements are levied and assessed or (b) recover in a civil action the costs and expenses of the work upon the lot or piece of ground and the adjoining streets and alleys.

(5) For purposes of this section:

(a) Litter includes, but is not limited to: (i) Trash, rubbish, refuse, garbage, paper, rags, and ashes; (ii) wood, plaster, cement, brick, or stone building rubble; (iii) grass, leaves, and worthless vegetation; (iv) offal and dead animals; and (v) any machine or machines, vehicle or vehicles, or parts of a machine or vehicle which have lost their identity, character, utility, or serviceability as such through deterioration, dismantling, or the ravages of time, are inoperative or unable to perform their intended functions, or are cast off, discarded, or thrown away or left as waste, wreckage, or junk; and

(b) Weeds includes, but is not limited to, bindweed (Convolvulus arvensis), puncture vine (Tribulus terrestris), leafy spurge (Euphorbia esula), Canada thistle (Cirsium arvense), perennial peppergrass (Lepidium draba), Russian knapweed (Centaurea picris), Johnson grass (Sorghum halepense), nodding or musk thistle, quack grass (Agropyron repens), perennial sow thistle (Sonchus arvensis), horse nettle (Solanum carolinense), bull thistle (Cirsium lanceolatum), buckthorn (Rhamnus sp.) (tourn), hemp plant (Cannabis sativa), and ragweed (Ambrosiaceae).

Source:Laws 1879, § 71, p. 219; R.S.1913, § 5137; C.S.1922, § 4312; C.S.1929, § 17-503; R.S.1943, § 17-563; Laws 1991, LB 330, § 2; Laws 1995, LB 42, § 3; Laws 2004, LB 997, § 2;    Laws 2009, LB495, § 8;    Laws 2013, LB643, § 2;    Laws 2015, LB266, § 12;    Laws 2015, LB361, § 35.    


17-563.01. Repealed. Laws 1991, LB 330, § 3.

17-564. Fines; actions to recover.

Fines may in all cases, and in addition to any other mode provided, be recovered by suit or action before a court of competent jurisdiction, in the name of the state. In any such suit or action, where pleading is necessary, it shall be sufficient to declare generally for the amount claimed to be due in respect to the violation of the ordinance, referring to its title and the date of its adoption or passage, and showing as nearly as may be the facts of the alleged violation.

Source:Laws 1879, § 72, p. 220; R.S.1913, § 5138; C.S.1922, § 4313; C.S.1929, § 17-504; R.S.1943, § 17-564; Laws 1972, LB 1032, § 108.


Annotations

17-565. Fines; action to recover; limitation.

All suits for the recovery of any fine, and prosecutions for the commission of any offense made punishable as herein provided, shall be barred in one year after the commission of the offense for which the fine is sought to be recovered, or the prosecution is commenced.

Source:Laws 1879, § 74, p. 220; R.S.1913, § 5139; C.S.1922, § 4314; C.S.1929, § 17-505; R.S.1943, § 17-565.


17-566. County jail; use by city; compensation.

Any city of the second class or village shall have the right to use the jail of the county for the confinement of such persons as may be imprisoned under the ordinances of such city or village. The city or village shall be liable to the county for the cost of keeping such prisoners as provided by section 47-120.

Source:Laws 1879, § 73, p. 220; R.S.1913, § 5140; C.S.1922, § 4315; C.S.1929, § 17-506; Laws 1937, c. 85, § 2, p. 283; C.S.Supp.,1941, § 17-506; R.S.1943, § 17-566; Laws 1961, c. 47, § 2, p. 184; Laws 1989, LB 4, § 2.


Annotations

17-567. Highways, streets, bridges; maintenance and control.

(1) The city council or board of trustees shall have the care, supervision, and control of all public highways, bridges, streets, alleys, public squares, and commons within the city or village, and shall cause the same to be kept open and in repair, and free from nuisances.

(2) All public bridges exceeding sixty feet in length, over any stream crossing a state or county highway, shall be constructed and kept in repair by the county; Provided, when any city or village has constructed a bridge over sixty feet span, on any county or state highway within the corporate limits, and has incurred a debt for the same, the treasurer of the county in which such bridge is located shall pay to the treasurer of the city or village seventy-five percent of all bridge taxes collected in the city or village until such debt, and interest thereon, is fully paid.

(3) The council or trustees may appropriate a sum not exceeding five dollars per linear foot to aid in the construction of any county bridge within the limits of such city, or may appropriate a like sum to aid in the construction of any bridge contiguous to the city or village, on a highway leading to the same, or any bridge across any unnavigable river which divides the county, in which the city or village is located, from another state.

(4) No street or alley which shall hereafter be dedicated to public use, by the proprietor of ground in any city or village, shall be deemed a public street or alley, or be under the use or control of the city council or board of trustees, unless the dedication shall be accepted and confirmed by an ordinance especially passed for such purpose.

Source:Laws 1879, § 77, p. 221; R.S.1913, § 5141; C.S.1922, § 4316; C.S.1929, § 17-507; R.S.1943, § 17-567; Laws 1957, c. 30, § 2, p. 190; Laws 1959, c. 49, § 2, p. 238; Laws 1982, LB 909, § 6.


Annotations

17-568. Employment of special engineer.

The mayor and council or board of trustees may, when they deem it expedient, employ a special engineer to make, or assist in making, any estimate necessary or to perform any other duty provided for in section 17-568.01. Any work executed by such special engineer shall have the same validity and serve in all respects as though executed by the city or village engineer.

Source:Laws 1879, § 20, p. 197; R.S.1913, § 5011; Laws 1921, c. 183, § 1, p. 695; C.S.1922, § 4180; Laws 1925, c. 51, § 1, p. 202; C.S.1929, § 17-119; Laws 1943, c. 25, § 1, p. 118; R.S.1943, § 17-568; Laws 1949, c. 25, § 1(1), p. 98; Laws 1951, c. 33, § 1, p. 133; Laws 1983, LB 304, § 3.


Annotations

17-568.01. City or village engineer; public works; prepare estimate of cost; board of public works; powers; contracts; procedure; city council or village board; powers and duties; public emergency.

(1) The city or village engineer shall, when requested by the mayor, city council, or village board, make estimates of the cost of labor and material which may be done or furnished by contract with the city or village and make all surveys, estimates, and calculations necessary to be made for the establishment of grades, the building of culverts, sewers, electric light system, waterworks, power plant, public heating system, bridges, curbing, and gutters, the improvement of streets, and the erection and repair of buildings and shall perform such other duties as the council or board may require. When a city has appointed a board of public works, and the mayor and city council have by ordinance so authorized, such board may utilize its own engineering staff and may hire consulting engineers for the design and installation of extensions and improvements of the works under the jurisdiction of the board of public works. Whenever the mayor and city council have authorized the same, the board of public works may purchase material and employ labor for the enlargement or improvement of the systems and works under the jurisdiction of the board.

(2) Except as provided in section 18-412.01, no contract for enlargement or general improvements, such as water extensions, sewers, public heating system, bridges, work on streets, or any other work or improvement when the cost of such enlargement or improvement is assessed to the property, costing over thirty thousand dollars shall be made unless it is first approved by the city council or village board.

(3) Except as provided in section 18-412.01, before the city council or village board makes any contract in excess of thirty thousand dollars for enlargement or general improvements, such as water extensions, sewers, public heating system, bridges, work on streets, or any other work or improvement when the cost of such enlargement or improvement is assessed to the property, an estimate of the cost shall be made by the city or village engineer and submitted to the council or village board. In advertising for bids as provided in subsections (4) and (6) of this section, the city council or village board may publish the amount of the estimate.

(4) Advertisements for bids shall be required for any contract costing over thirty thousand dollars entered into (a) for enlargement or general improvements, such as water extensions, sewers, public heating system, bridges, work on streets, or any other work or improvement when the cost of such enlargement or improvement is assessed to the property, or (b) for the purchase of equipment used in the construction of such enlargement or general improvements.

(5) A municipal electric utility may enter into a contract for the enlargement or improvement of the electric system or for the purchase of equipment used for such enlargement or improvement without advertising for bids if the price is: (a) Thirty thousand dollars or less; (b) sixty thousand dollars or less and the municipal electric utility has gross annual revenue from retail sales in excess of one million dollars; (c) ninety thousand dollars or less and the municipal electric utility has gross annual revenue from retail sales in excess of five million dollars; or (d) one hundred twenty thousand dollars or less and the municipal electric utility has gross annual revenue from retail sales in excess of ten million dollars.

(6) The advertisement provided for in subsections (3) and (4) of this section shall be published at least seven days prior to the bid closing in a legal newspaper published in or of general circulation in the city or village and, if there is no legal newspaper published in or of general circulation in such city or village, then in some newspaper of general circulation published in the county wherein such city or village is located, and if there is no legal newspaper of general circulation published in the county wherein such city or village is located then in a newspaper, designated by the county board, having a general circulation within the county where bids are required, and if no newspaper is published in the city, village, or county, or if no newspaper has general circulation in the county, then by posting a written or printed copy thereof in each of three public places in the city or village at least seven days prior to the bid closing. In case of a public emergency resulting from infectious or contagious diseases, destructive windstorms, floods, snow, war, or an exigency or pressing necessity or unforeseen need calling for immediate action or remedy to prevent a serious loss of, or serious injury or damage to, life, health, or property, estimates of costs and advertising for bids may be waived in the emergency ordinance authorized by section 17-613 when adopted by a three-fourths vote of the council or board of trustees and entered of record.

(7) If, after advertising for bids as provided in subsections (3), (4), and (6) of this section, the city council or village board receives fewer than two bids on a contract or if the bids received by the city council or village board contain a price which exceeds the estimated cost, the mayor and the city council or village board may negotiate a contract in an attempt to complete the proposed enlargement or general improvements at a cost commensurate with the estimate given.

(8) If the materials are of such a nature that, in the opinion of the manufacturer and with the concurrence of the city council, village board, or board of public works, no cost can be estimated until the materials have been manufactured or assembled to the specific qualifications of the purchasing municipality, the city council, village board, or board of public works may authorize the manufacture and assemblage of such materials and may thereafter approve the estimated cost expenditure when it is provided by the manufacturer.

Source:Laws 1879, § 20, p. 197; R.S.1913, § 5011; Laws 1921, c. 183, § 1, p. 695; C.S.1922, § 4180; Laws 1925, c. 51, § 1, p. 202; C.S.1929, § 17-119; Laws 1943, c. 25, § 1, p. 118; R.S.1943, § 17-568; Laws 1949, c. 25, § 1(2), p. 98; Laws 1951, c. 34, § 1, p. 134; Laws 1957, c. 32, § 1, p. 195; Laws 1959, c. 61, § 2, p. 277; Laws 1969, c. 78, § 2, p. 409; Laws 1975, LB 171, § 2; Laws 1979, LB 356, § 2; Laws 1983, LB 304, § 4; Laws 1984, LB 540, § 8; Laws 1997, LB 238, § 3; Laws 2008, LB947, § 2.    


Annotations

17-568.02. Municipal bidding procedure; waiver; when.

Any municipal bidding procedure may be waived by the city council, village board, or board of public works (1) when materials or equipment are purchased at the same price and from the same seller as materials or equipment which have formerly been obtained pursuant to the state bidding procedure in sections 81-145 to 81-162, (2) when the contract is negotiated directly with a sheltered workshop pursuant to section 48-1503, or (3) when required to comply with any federal grant, loan, or program.

Source:Laws 1997, LB 238, § 4; Laws 2011, LB335, § 4.    


17-569. Abandoned real estate; sale; ordinance.

Before any sale of abandoned real estate is made the council or board of trustees shall by ordinance set forth the date of the purchase, gift or condemnation, a description of the property, the purpose for which the same was acquired, the abandonment of the same, and that a sale is deemed expedient; and shall fix the time, place, terms, and manner of sale and shall reserve the right to reject any and all bids.

Source:Laws 1911, c. 17, § 2, p. 134; R.S.1913, § 5178; C.S.1922, § 4365; C.S.1929, § 17-563; R.S.1943, § 17-569.


17-570. Abandoned real estate; sale; notice.

No sale shall be had until at least thirty days' notice shall have been given by publication in some newspaper published in the city or village or, in case no newspaper is published in the city or village, by posting notices in four public places.

Source:Laws 1911, c. 17, § 3, p. 134; R.S.1913, § 5179; C.S.1922, § 4366; C.S.1929, § 17-564; R.S.1943, § 17-570.


17-571. Abandoned real estate; sale; sealed bids; deed.

The sale shall be by sealed bids; and upon approval of the sale by a two-thirds vote of the council the mayor or chairman of the board of trustees shall, in the name of the city or village, execute and deliver a deed to the purchaser, which deed shall be attested by the city clerk; and the seal of the city shall be thereon impressed.

Source:Laws 1911, c. 17, § 4, p. 134; R.S.1913, § 5180; C.S.1922, § 4367; C.S.1929, § 17-565; R.S.1943, § 17-571.


17-572. Loans to students; conditions.

Cities of the second class and villages may contract with a person including such person's parent or guardian if such person is a minor to loan money to such person while such person pursues a course of study at an accredited college or university leading to a degree of Doctor of Medicine or Doctor of Dental Surgery in consideration for such person's promise to practice medicine or dentistry in such city or village and repay such city or village for such money loaned during such person's study after such person shall have become established in his practice, and upon such other terms and conditions as the council or board of such city or village may determine are warranted in the premises. If such person shall discontinue his course of study before attaining such degree, or fail to practice in such city or village after attaining such degree and a license to practice medicine or dentistry, such city or village may pursue any remedy it may have against such person or his parent or guardian as in any other commercial transaction.

Source:Laws 1971, LB 497, § 1.


17-601. Repealed. Laws 1969, c. 257, § 44.

17-601.01. Caucus; when held; notice.

In any village the governing body may, by ordinance, call a caucus for the purpose of nomination of candidates for offices to be filled in the village election. Such caucus shall be held at least ten days before the filing deadline for such election, and the governing body calling the caucus shall publish notice of such caucus in at least one newspaper of general circulation in the county at least once each week for two consecutive weeks before such caucus.

Source:Laws 1971, LB 432, § 1; Laws 1972, LB 1047, § 2; Laws 1993, LB 348, § 2.


17-601.02. Caucus; notice to village clerk; contents.

The chairperson of the caucus at which candidates are nominated shall notify in writing the village clerk of the candidates so nominated, not later than two days following the caucus. The village clerk shall then notify the persons so nominated of their nomination, such notification to take place not later than five days after such caucus. No candidate so nominated shall have his or her name placed upon the ballot unless, not more than ten days after the holding of such caucus, he or she files with the village clerk a written statement accepting the nomination of the caucus and pays the filing fee, if any, for the office for which he or she was nominated.

Source:Laws 1971, LB 432, § 2; Laws 1993, LB 348, § 3.


17-601.03. Caucus; additional filings.

The provisions of sections 17-601.01 to 17-601.03 shall not preclude in any manner any person from filing for the offices to which such sections are applicable, either by direct filing or by petition.

Source:Laws 1971, LB 432, § 3.


17-602. Registered voters; qualifications.

All registered voters residing within the limits of any city of the second class or village on or before election day shall be entitled to vote at all city and village elections.

Source:Laws 1879, § 61, p. 208; R.S.1913, § 5144; C.S.1922, § 4319; C.S.1929, § 17-510; R.S.1943, § 17-602; Laws 1963, c. 74, § 1, p. 277; Laws 1973, LB 559, § 8; Laws 1994, LB 76, § 497.


17-603. Officers; canvass; certificates of election; failure to qualify, effect.

At a meeting of the council of a city of the second class, or the board of trustees of a village, on the first Monday after any city or village election, as the case may be, the returns, including returns for the election of members of the school board, shall be canvassed, and the city council or board of trustees, as the case may be, shall cause the municipal clerk to make out and deliver certificates of election, under the seal of the city or village, to the persons found to be elected. A neglect of any such elected officer to qualify within ten days after the delivery of such certificate shall be deemed a refusal to accept the office to which he or she may have been elected.

Source:Laws 1879, § 62, p. 208; R.S.1913, § 5145; C.S.1922, § 4320; C.S.1929, § 17-511; R.S.1943, § 17-603; Laws 1951, c. 35, § 1, p. 136; Laws 1959, c. 60, § 56, p. 273; Laws 1994, LB 76, § 498.


Annotations

17-604. Officers; powers, duties, and compensation; regulate by ordinance; bond or insurance; premium.

The city or village may enact ordinances or bylaws to regulate and prescribe the powers, duties, and compensation of officers not herein provided for, and to require from all officers and servants, elected or appointed, bonds and security or evidence of equivalent insurance for the faithful performance of their duties. The city or village may pay the premium for such bonds or insurance coverage.

Source:Laws 1879, § 69, XIII, p. 214; Laws 1881, c. 23, § 8, XIII, p. 176; Laws 1885, c. 20, § 1, XIII, p. 166; Laws 1887, c. 12, § 1, XIII, p. 295; R.S.1913, § 5146; C.S.1922, § 4321; C.S.1929, § 17-512; R.S.1943, § 17-604; Laws 1965, c. 68, § 1, p. 288; Laws 2007, LB347, § 12.    


17-605. Clerk; duties.

The city or village clerk shall have the custody of all laws and ordinances and shall keep a correct journal of the proceedings of the council or board of trustees. After the period of time specified by the State Records Administrator pursuant to the Records Management Act, the city or village clerk may transfer such journal of the proceedings of the council or board of trustees to the State Archives of the Nebraska State Historical Society for permanent preservation. He or she shall also perform such other duties as may be required by the ordinances of the city.

Source:Laws 1879, § 63, p. 208; R.S.1913, § 5147; C.S.1922, § 4322; C.S.1929, § 17-513; R.S.1943, § 17-605; Laws 1973, LB 224, § 5; Laws 2013, LB112, § 3.    


Cross References

Annotations

17-606. Treasurer; duties; failure to file account; penalty.

(1) The treasurer of each city and village shall be the custodian of all money belonging to the corporation. He or she shall keep a separate account of each fund or appropriation and the debts and credits belonging thereto. He or she shall give every person paying money into the treasury a receipt therefor, specifying the date of payment and on what account paid. He or she shall also file copies of such receipts with his or her monthly reports, and he or she shall, at the end of every month, and as often as may be required, render an account to the city council or board of trustees, under oath, showing the state of the treasury at the date of such account and the balance of money in the treasury. He or she shall also accompany such accounts with a statement of all receipts and disbursements, together with all warrants redeemed and paid by him or her, which warrants, with any and all vouchers held by him or her, shall be filed with his or her account in the clerk's office. If the treasurer fails to render his or her account within twenty days after the end of the month, or by a later date established by the governing body, the mayor in a city of the second class or the chairperson of the village board with the advice and consent of the trustees may use this failure as cause to remove the treasurer from office.

(2) The treasurer shall keep a record of all outstanding bonds against the city or village, showing the number and amount of each bond, for and to whom the bonds were issued, and the date upon which any bond is purchased, paid, or canceled. He or she shall accompany the annual statement submitted pursuant to section 19-1101 with a description of the bonds issued and sold in that year and the terms of sale, with every item of expense thereof.

Source:Laws 1879, § 64, p. 209; R.S.1913, § 5148; C.S.1922, § 4323; C.S.1929, § 17-514; R.S.1943, § 17-606; Laws 2005, LB 528, § 2;    Laws 2013, LB112, § 4.    


Annotations

17-607. Treasurer; depositories; qualification; bond; exemption of treasurer from liability; conflict of interest.

(1) The treasurer of a city of the second class or village shall deposit, and at all times keep on deposit, for safekeeping, in banks, capital stock financial institutions, or qualifying mutual financial institutions of approved and responsible standing, all money collected, received, or held by him or her as city or village treasurer. Such deposits shall be subject to all regulations imposed by law or adopted by the city council or board of trustees for the receiving and holding thereof. The fact that a stockholder, director, or other officer of such bank, capital stock financial institution, or qualifying mutual financial institution is also serving as mayor, as a member of the city council, as a member of the board of trustees, as a member of a board of public works, or as any other officer of such municipality shall not disqualify such bank, capital stock financial institution, or qualifying mutual financial institution from acting as a depository for such municipal funds. Section 77-2366 shall apply to deposits in capital stock financial institutions. Section 77-2365.01 shall apply to deposits in qualifying mutual financial institutions.

(2) The council or board of trustees shall require from all banks, capital stock financial institutions, or qualifying mutual financial institutions (a) a bond in such penal sum as may be the maximum amount on deposit at any time less the amount insured or guaranteed by the Federal Deposit Insurance Corporation or, in lieu thereof, (b) security given as provided in the Public Funds Deposit Security Act, to secure the payment of all such deposits and accretions. The council or board shall approve such bond or giving of security. The city treasurer or village treasurer shall not be liable for any loss of any money sustained by reason of the failure of any such depository so designated and approved.

Source:Laws 1879, § 65, p. 209; R.S.1913, § 5149; Laws 1921, c. 304, § 1, p. 961; C.S.1922, § 4324; Laws 1927, c. 38, § 1, p. 168; Laws 1929, c. 45, § 1, p. 193; C.S.1929, § 17-515; Laws 1931, c. 33, § 1, p. 124; Laws 1935, c. 140, § 2, p. 515; Laws 1937, c. 31, § 1, p. 155; C.S.Supp.,1941, § 17-515; Laws 1943, c. 27, § 2(1), p. 121; R.S.1943, § 17-607; Laws 1957, c. 54, § 3, p. 264; Laws 1989, LB 33, § 22; Laws 1992, LB 757, § 19; Laws 1996, LB 1274, § 22; Laws 2001, LB 362, § 24;    Laws 2003, LB 175, § 1;    Laws 2009, LB259, § 10.    


Cross References

Annotations

17-608. Treasurer; surplus funds; investments authorized; interest.

When the treasurer of any such city or village holds funds of any such city or village in excess of the amount required for maintenance or set aside for betterments and improvements, the mayor and council or the board of trustees may, by resolution, direct and authorize said treasurer to invest said surplus funds in the outstanding bonds or registered warrants of said city or village, bonds and debentures issued either singly or collectively by any of the twelve federal land banks, the twelve intermediate credit banks, or the thirteen banks for cooperatives under the supervision of the Farm Credit Administration, or in interest-bearing bonds or the obligations of the United States. The interest on such bonds or warrants shall be credited to the fund out of which said bonds or warrants were purchased.

Source:Laws 1927, c. 38, § 1, p. 169; Laws 1929, c. 45, § 1, p. 193; C.S.1929, § 17-515; Laws 1931, c. 33, § 1, p. 125; Laws 1935, c. 140, § 2, p. 516; Laws 1937, c. 31, § 1, p. 155; C.S.Supp.,1941, § 17-515; Laws 1943, c. 27, § 2(2), p. 122; R.S.1943, § 17-608; Laws 1959, c. 263, § 6, p. 927.


17-609. Treasurer; utility funds; retirement of bonds or warrants.

The mayor and council or board of trustees may, by resolution, direct and authorize the treasurer to dispose of the surplus electric light, water, or gas funds, or the funds arising from the sale of electric light, water, or natural gas distribution properties, by the payment of outstanding electric light, water, or gas distribution bonds or water warrants then due. The excess, if any, after such payments, may be transferred to the general fund of such city or village.

Source:Laws 1929, c. 45, § 1, p. 194; C.S.1929, § 17-515; Laws 1931, c. 33, § 1, p. 125; Laws 1935, c. 140, § 2, p. 516; Laws 1937, c. 31, § 1, p. 156; C.S.Supp.,1941, § 17-515; Laws 1943, c. 27, § 2(3), p. 122; R.S.1943, § 17-609; Laws 1967, c. 77, § 1, p. 247.


17-610. City attorney; duties.

The city or village attorney shall be the legal advisor of the council or board of trustees. He shall commence, prosecute, and defend all suits and actions necessary to be commenced, prosecuted or defended on behalf of the corporations, or that may be ordered by the council or board of trustees. When requested, he shall attend meetings of the council or board and give them his opinion upon any matters submitted to him, either orally or in writing, as may be required. He shall draft or review for legal correctness ordinances, contracts, franchises and other instruments as may be required, and he shall perform such other duties as may be imposed upon him by general law or ordinance. The governing body of the city or village shall have the right to pay the city or village attorney compensation for legal services performed by him for it on such terms as the governing body and attorney may agree, and to employ additional legal assistance and to pay for such legal assistance out of the funds of the city or village.

Source:Laws 1879, § 67, p. 210; R.S.1913, § 5150; C.S.1922, § 4325; C.S.1929, § 17-516; R.S.1943, § 17-610; Laws 1969, c. 94, § 1, p. 461.


Annotations

17-611. Officer; extra compensation prohibited.

No officer shall receive any pay or perquisites from the city other than his or her salary. Neither the city council nor board of trustees shall 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.

Source:Laws 1879, § 68, p. 210; R.S.1913, § 5151; C.S.1922, § 4326; C.S.1929, § 17-517; R.S.1943, § 17-611; Laws 1957, c. 38, § 3, p. 208; Laws 1959, c. 62, § 2, p. 280; Laws 1961, c. 283, § 3, p. 831; Laws 1971, LB 494, § 4; Laws 1971, LB 549, § 1; Laws 1983, LB 370, § 8.


Annotations

17-612. Elective officers, salary; increase during term of office prohibited; exception.

The emoluments of any elective officer shall not be increased or diminished during the term for which he shall have been elected, except when there has been a combination and merger of offices as provided by sections 17-108.02 and 17-209.02, except that when there are officers elected to the council, or a board or commission having more than one member and the terms of one or more members commence and end at different times, the compensation of all members of such council, board or commission may be increased or diminished at the beginning of the full term of any member thereof. No person who shall have resigned or vacated any office shall be eligible to the same during the time for which he was elected if during the same time the emoluments thereof were increased.

Source:Laws 1879, § 75, p. 220; R.S.1913, § 5152; C.S.1922, § 4327; C.S.1929, § 17-518; R.S.1943, § 17-612; Laws 1945, c. 25, § 3, p. 136; Laws 1969, c. 89, § 3, p. 452; Laws 1972, LB 942, § 1.


Annotations

17-613. Ordinances; style; publication; proof.

The style of all ordinances shall be: Be it ordained by the mayor and council of the city of ......, or the chairman and board of trustees of the village of ....... . All ordinances of a general nature shall, before they take effect, be published, within fifteen days after they are passed, (1) in some newspaper published in such city or village, but if no paper is published in the city or village, then by posting a written or printed copy thereof in each of three public places in the city or village, or (2) by publishing the same in book or pamphlet form; Provided, in case of riot, infectious or contagious diseases, or other impending danger, failure of public utility, or any other emergency requiring its immediate operation, such ordinance shall take effect upon the proclamation of the mayor or chairman of the board of trustees, posted in at least three of the most public places in the city or village. Such emergency ordinance shall recite the emergency and be passed by a three-fourths vote of the council or board of trustees, and entered of record on the clerk's minutes. The passage, approval, and publication or posting of all ordinances shall be sufficiently proved by a certificate under seal of the city or village from the clerk thereof, showing that such ordinance was passed and approved, and when and in what paper the same was published, or when and by whom and where the same was posted. When ordinances are printed in book or pamphlet form, purporting to be published by authority of the board of trustees or city council, the same need not be otherwise published, and such book or pamphlet 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.

Source:Laws 1879, § 59, p. 207; Laws 1881, c. 23, § 7, p. 171; R.S.1913, § 5153; C.S.1922, § 4328; C.S.1929, § 17-519; R.S.1943, § 17-613; Laws 1951, c. 36, § 1, p. 137; Laws 1969, c. 95, § 1, p. 462; Laws 1971, LB 282, § 2.


Cross References

Annotations

17-614. Ordinances; how enacted; title.

(1) All ordinances and resolutions or orders for the appropriation or payment of money shall require for their passage or adoption the concurrence of a majority of all members elected to the council or board of trustees. The mayor of a city of the second class may vote when his or her vote would provide the additional vote required to attain the number of votes equal to a majority of the number of members elected to the council, and the mayor shall, for the purpose of such vote, be deemed to be a member of the council. Ordinances of a general or permanent nature shall be read by title on three different days unless three-fourths of the council or board vote to suspend this requirement, except that such requirement shall not be suspended for any ordinance for the annexation of territory. In case such requirement is suspended, the ordinances shall be read by title and then moved for final passage. Three-fourths of the council or board may require a reading of any such ordinance in full before enactment under either procedure set out in this section.

(2) Ordinances shall contain no subject which is not clearly expressed in the title, and, except as provided in section 19-915, 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 is repealed, except that:

(a) For an ordinance revising all the ordinances of the city or village, the title need only state that the ordinance revises all the ordinances of the city or village. Under such title all the ordinances may be revised in sections and chapters or otherwise, may be corrected, added to, and any part suppressed, and may be repealed with or without a saving clause as to the whole or any part without other title; and

(b) For an ordinance used solely to revise ordinances or code sections or to enact new ordinances or code sections in order to adopt statutory changes made by the Legislature which are specific and mandatory and bring the ordinances or code sections into conformance with state law, the title need only state that the ordinance revises those ordinances or code sections affected by or enacts ordinances or code sections generated by legislative changes. Under such title, all such ordinances or code sections may be revised, repealed, or enacted in sections and chapters or otherwise by a single ordinance without other title.

Source:Laws 1879, § 79, p. 223; R.S.1913, § 5154; C.S.1922, § 4329; Laws 1929, c. 47, § 1, p. 202; C.S.1929, § 17-520; R.S.1943, § 17-614; Laws 1969, c. 108, § 3, p. 510; Laws 1972, LB 1235, § 2; Laws 1994, LB 630, § 3; Laws 2001, LB 484, § 2;    Laws 2003, LB 365, § 2;    Laws 2013, LB113, § 2.    


Annotations

17-615. Ordinances; passage; rules and regulations; proof.

All ordinances shall be passed pursuant to such rules and regulations as the council or board of trustees may provide. All such ordinances may be proved by the certificate of the clerk, under the seal of the city or village.

Source:Laws 1879, § 69, XXX, p. 217; Laws 1881, c. 23, § 8, XXX, p. 185; Laws 1885, c. 20, § 1, XXX, p. 176; Laws 1887, c. 12, § 1, XXX, p. 305; R.S.1913, § 5155; C.S.1922, § 4330; C.S.1929, § 17-521; R.S.1943, § 17-615.


Annotations

17-616. Ordinances; contracts; appointments; vote; record.

On the passage or adoption of every bylaw or ordinance, and every resolution or order to enter into a contract by the council or board of trustees, the yeas and nays shall be called and recorded. To pass or adopt any bylaw, ordinance, or any such resolution or order, a concurrence of a majority of the whole number of members elected to the council or trustees shall be required. All appointments of the officers by any council or trustees shall be made viva voce; and the concurrence of a like majority shall be required, and the names of those, and for whom they voted, on the vote resulting in an appointment, shall be recorded. The requirements of a roll call or viva voce vote shall be satisfied by a city or village which utilizes an electronic voting device which allows the yeas and nays of each council member or member of the board of trustees to be readily seen by the public.

Source:Laws 1879, § 76, p. 221; R.S.1913, § 5156; C.S.1922, § 4331; C.S.1929, § 17-522; R.S.1943, § 17-616; Laws 1978, LB 609, § 2.


Annotations

17-701. Fiscal period; commencement.

In 1995, the fiscal period of each city of the second class and village commences on August 1, 1995, and extends through September 30, 1996. Thereafter, the fiscal year of each city of the second class and village and of any public utility of a city of the second class or village commences on October 1 and extends through the following September 30 except as provided in the Municipal Proprietary Function Act.

Source:Laws 1879, § 85, p. 225; R.S.1913, § 5181; C.S.1922, § 4368; Laws 1927, c. 46, § 1, p. 194; C.S.1929, § 17-566; R.S.1943, § 17-701; Laws 1967, c. 78, § 1, p. 248; Laws 1969, c. 257, § 12, p. 937; Laws 1995, LB 194, § 5.


Cross References

17-702. Property tax; general levy authorized; sale for delinquent taxes; additional levies.

(1) The council or board of trustees of each city of the second class or village shall, at the time and in the manner provided by law, cause to be certified to the county clerk the amount of tax to be levied upon the taxable value of all the taxable property of the city or village which the city or village requires for the purposes of the adopted budget statement for the ensuing year, including all special assessments and taxes assessed as hereinbefore provided. The county clerk shall place the same on the property tax lists to be collected in the manner provided by law for the collection of county taxes in the county where such city or village is situated. In all sales for any delinquent taxes for municipal purposes, if there are other delinquent taxes due from the same person or a lien on the same property, the sale shall be for all the delinquent taxes. Such sales and all sales made under or by virtue of this section or the provision of law herein referred to shall be of the same validity and in all respects be deemed and treated as though such sales had been made for the delinquent county taxes exclusively. Subject to section 77-3442, the maximum amount of tax which may be so certified, assessed, and collected shall not require a tax levy in excess of one dollar and five cents on each one hundred dollars upon the taxable value of all the taxable property within the corporate limits of such city or village for the purposes of the adopted budget statement, together with any special assessments or special taxes or amounts assessed as taxes and such sum as may be authorized by law for the payment of outstanding bonds and debts.

(2) Within the limitation of section 77-3442, the council or board of trustees of each city of the second class or village may certify an amount to be levied not to exceed ten and five-tenths cents on each one hundred dollars upon the taxable value of all the taxable property within such city or village for the purpose of establishing the sinking fund or funds authorized by sections 19-1301 to 19-1304. Nothing contained in subsection (1) or (2) of this section shall be construed to authorize an increase in the amount of levies for any specific municipal purpose or purposes elsewhere limited by law, whether limited in specific sums or by tax levies.

(3) When required by section 18-501, an additional levy of seven cents on each one hundred dollars upon the taxable value of all the taxable property within the city of the second class or village may be imposed.

Source:Laws 1879, § 82, p. 224; R.S.1913, § 5182; Laws 1915, c. 93, § 1, p. 235; Laws 1919, c. 61, § 2, p. 149; C.S.1922, § 4369; C.S.1929, § 17-567; Laws 1933, c. 30, § 1, p. 208; Laws 1937, c. 176, § 6, p. 697; Laws 1939, c. 12, § 6, p. 84; Laws 1941, c. 157, § 21, p. 623; C.S.Supp.,1941, § 17-567; R.S.1943, § 17-702; Laws 1945, c. 28, § 2, p. 140; Laws 1945, c. 29, § 2, p. 144; Laws 1953, c. 287, § 18, p. 940; Laws 1957, c. 39, § 2, p. 211; Laws 1965, c. 69, § 1, p. 289; Laws 1967, c. 79, § 1, p. 251; Laws 1969, c. 145, § 19, p. 683; Laws 1979, LB 187, § 55; Laws 1992, LB 719A, § 56; Laws 1996, LB 1114, § 31.


Annotations

17-703. Special assessments; tax limit; refunding; when authorized; how paid.

If any such city or village has levied special assessments for part or all of the cost of any public work or improvement, if the assessments have been finally held by the courts to be invalid and unenforceable, if the defects rendering such assessments invalid and unenforceable are of such character that they cannot be remedied by reassessment, and if part of the special assessments has been paid under mistake of law or fact into such city or village prior to such final holding, the mayor and council or chairperson and board of trustees shall establish a special fund in the budget statement annually which is sufficient to refund and repay over a period of consecutive years such special assessments erroneously paid, without interest to the person or persons entitled to receive the same, any and all such assessments or parts thereof as may have been so paid into the treasury of such city or village, as the case may be. The amount of tax annually budgeted for this special fund shall not require a tax levy in excess of ten and five-tenths cents on each one hundred dollars upon the taxable value of all the taxable property in such city or village in any one year, and the additional levy shall be continued only for as many years as may be necessary to raise the total amount required for such purpose. Such assessments shall be refunded out of the special fund upon proper claims filed by the person or persons entitled to reimbursement. Such claim shall be audited, allowed, and ordered paid in the same manner as other claims against such city or village. All such reimbursements shall be made pro rata if there is not sufficient money on hand to repay them all at one time. Such amount of tax for the special fund shall be specified in the adopted budget statement.

Source:Laws 1933, c. 30, § 1, p. 209; Laws 1937, c. 176, § 6, p. 698; Laws 1939, c. 12, § 6, p. 85; Laws 1941, c. 157, § 21, p. 624; C.S.Supp.,1941, § 17-567; R.S.1943, § 17-703; Laws 1945, c. 28, § 3, p. 141; Laws 1945, c. 29, § 3, p. 145; Laws 1953, c. 287, § 19, p. 941; Laws 1969, c. 145, § 20, p. 685; Laws 1979, LB 187, § 56; Laws 1992, LB 719A, § 57.


17-704. Repealed. Laws 1965, c. 70, § 1.

17-705. Repealed. Laws 1978, LB 847, § 4.

17-706. Annual appropriation bill; contents.

The city council of a city of the second class and board of trustees of a village shall adopt a budget statement pursuant to the Nebraska Budget Act, to be termed "The Annual Appropriation Bill", in which such corporate authorities may appropriate such sums of money as may be deemed necessary to defray all necessary expenses and liabilities of such corporation.

Source:Laws 1879, § 86, p. 225; R.S.1913, § 5184; C.S.1922, § 4371; C.S.1929, § 17-569; R.S.1943, § 17-706; Laws 1967, c. 78, § 2, p. 249; Laws 1972, LB 1423, § 1; Laws 1993, LB 734, § 26; Laws 1995, LB 194, § 6.


Cross References

Annotations

17-707. Repealed. Laws 1971, LB 634, § 1.

17-708. Funds; expenditure; appropriation condition precedent.

The mayor and council or board of trustees shall have no power to appropriate, issue or draw any order or warrant on the treasurer for money, unless the same has been appropriated or ordered by ordinance, or the claim for the payment of which such order or warrant is issued has been allowed according to the provisions of sections 17-714 and 17-715, and funds for the class or object out of which such claim is payable have been included in the adopted budget statement or transferred according to law.

Source:Laws 1879, § 88, p. 226; R.S.1913, § 5186; C.S.1922, § 4373; C.S.1929, § 17-571; Laws 1935, Spec. Sess., c. 10, § 10, p. 77; Laws 1941, c. 130, § 18, p. 502; C.S.Supp.,1941, § 17-571; R.S.1943, § 17-708; Laws 1959, c. 63, § 2, p. 283; Laws 1961, c. 47, § 3, p. 185; Laws 1967, c. 78, § 3, p. 249; Laws 1969, c. 145, § 21, p. 685; Laws 1972, LB 1423, § 2.


Annotations

17-709. Contracts; appropriation condition precedent.

No contract shall be hereafter made by the city council or board of trustees, or any committee or member thereof; and no expense shall be incurred by any of the officers or departments of the corporation, whether the object of the expenditures shall have been ordered by the city council or board of trustees or not, unless an appropriation shall have been previously made concerning such expense, except as otherwise expressly provided in section 17-708.

Source:Laws 1879, § 89, p. 227; R.S.1913, § 5187; C.S.1922, § 4374; C.S.1929, § 17-572; R.S.1943, § 17-709; Laws 1967, c. 78, § 4, p. 251.


Annotations

17-710. Special assessments; expenditure; limitations.

All money received on special assessments 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 whatever, unless to reimburse such corporation for money expended for such improvement.

Source:Laws 1879, § 90, p. 227; R.S.1913, § 5188; C.S.1922, § 4375; C.S.1929, § 17-573; R.S.1943, § 17-710.


17-711. Warrants; how executed.

All warrants drawn upon the treasurer must be signed by the mayor or chairman and countersigned by the clerk, stating the particular fund to which the same is chargeable, the person to whom payable, and for what particular object. No money shall be otherwise paid than upon such warrants so drawn. Each warrant shall specify the amount included in the adopted budget statement for such fund upon which it is drawn, and the amount already expended of such fund.

Source:Laws 1879, § 66, p. 210; R.S.1913, § 5190; C.S.1922, § 4380; C.S.1929, § 17-578; R.S.1943, § 17-711; Laws 1969, c. 145, § 22, p. 686.


Annotations

17-712. Repealed. Laws 1967, c. 58, § 2.

17-713. Road tax; amount; when authorized.

The council or board of trustees of such city or village shall, upon petition being filed with the clerk of the city or village signed by a majority of the resident freeholders of such city or village requesting such council or board of trustees to levy a tax upon the taxable valuation of the property in the city or village, make a levy as in such petition requested, not exceeding eighty-seven and five-tenths cents on each one hundred dollars of taxable valuation, and shall certify the same to the board of county commissioners as other taxes are levied by the city or village, or certified, for the purpose of creating a fund. The fund shall be expended solely in the improvement of the public highways adjacent to the city or village and within five miles thereof, shall at all times be under the control and direction of the council or board of trustees of the city or village, and shall be expended under the authority and direction of the council or board. The council or board is hereby granted the power and authority to employ such person or persons as it may select for the performance of such work under such rules and regulations as it may by ordinance provide.

Source:Laws 1905, c. 32, § 1, p. 263; R.S.1913, § 5191; C.S.1922, § 4381; Laws 1925, c. 166, § 5, p. 438; C.S.1929, § 17-579; R.S.1943, § 17-713; Laws 1979, LB 187, § 57; Laws 1992, LB 719A, § 58.


17-714. Claims and accounts payable; filing; requirements; disallowance; notice; costs.

All liquidated and unliquidated claims and accounts payable against a city of the second class or village shall: (1) Be presented in writing; (2) state the name and address of the claimant and the amount of the claim; and (3) fully and accurately identify the items or services for which payment is claimed or the time, place, nature, and circumstances giving rise to the claim.

As a condition precedent to maintaining an action for a claim, other than a tort claim as defined in section 13-903, the claimant shall file such claim within ninety days of the accrual of the claim in the office of the city or village clerk.

The city or village clerk shall notify the claimant or his or her agent or attorney by letter mailed to the claimant's address within five days if the claim is disallowed by the city council or village board of trustees.

No costs shall be recovered against such city or village in any action brought against it for any claim or for any claim allowed in part which has not been presented to the city council or village board of trustees to be audited, unless the recovery is for a greater sum than the amount allowed with the interest due.

Source:Laws 1879, § 80, p. 223; R.S.1913, § 5192; C.S.1922, § 4382; C.S.1929, § 17-580; R.S.1943, § 17-714; Laws 1955, c. 42, § 1, p. 157; Laws 1990, LB 1044, § 2.


Annotations

17-715. Claims; allowance; payment.

Upon the allowance of claims by the council or trustees, the order for their payment shall specify the particular fund or appropriation out of which they are payable as specified in the adopted budget statement; and no order or warrant shall be drawn in excess of eighty-five percent 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; Provided, that in the event there exists at the time such warrant is drawn, obligated funds from the federal government or the State of Nebraska, or both from the federal government and the State of Nebraska, for the general purpose or purposes of such warrant, then such warrant may be drawn in excess of eighty-five percent of the current levy for the purpose for which it is drawn to the additional extent of one hundred percent of such obligated federal or state funds. No claim shall be audited or allowed unless an order or warrant for the payment thereof may legally be drawn.

Source:Laws 1879, § 81, p. 223; Laws 1885, c. 18, § 1, p. 160; R.S.1913, § 5193; C.S.1922, § 4383; C.S.1929, § 17-581; R.S.1943, § 17-715; Laws 1969, c. 145, § 23, p. 686; Laws 1972, LB 693, § 1.


Annotations

17-716. Transferred to section 19-3201.

17-717. Intersection paving bonds; tax authorized.

Any city of the second class or village is hereby authorized, annually, to levy a tax upon all the taxable property thereof, sufficient to pay the principal and interest of any intersection paving bonds issued by such municipality.

Source:Laws 1921, c. 199, § 3, p. 721; C.S.1922, § 4389; C.S.1929, § 17-587; R.S.1943, § 17-717.


17-718. Voluntary fire departments; maintenance; tax; limitation.

The city council in cities and board of trustees in villages having only voluntary fire departments or companies may levy a tax annually of not more than seven cents on each one hundred dollars upon the taxable value of all the taxable property within such cities or villages for the maintenance and benefit of such fire departments or companies. The amount of such tax shall be established at the beginning of the year and shall be included in the adopted budget statement. Upon collection of such tax, the city or village treasurer shall disburse the same upon the order of the chief of the fire department with the approval of the city council or board of trustees.

Source:Laws 1921, c. 198, § 1, p. 720; C.S.1922, § 4391; C.S.1929, § 17-589; R.S.1943, § 17-718; Laws 1947, c. 38, § 1, p. 150; Laws 1953, c. 287, § 21, p. 943; Laws 1969, c. 96, § 1, p. 464; Laws 1969, c. 145, § 24, p. 687; Laws 1979, LB 187, § 58; Laws 1992, LB 719A, § 59.


17-719. Repealed. Laws 1969, c. 79, § 2.

17-720. Certificates of deposit; time deposits; security required.

The city or village treasurer of cities of the second class and villages may, upon resolution of the mayor and council or board of trustees authorizing the same, purchase certificates of deposit from and make time deposits in any bank, capital stock financial institution, or qualifying mutual financial institution in the State of Nebraska to the extent that such certificates of deposit or time deposits are insured or guaranteed by the Federal Deposit Insurance Corporation. Deposits may be made in excess of the amounts so secured by the corporation, and the amount of the excess deposit shall be secured by a bond or by security given in the same manner as is provided for cities of the first class in sections 16-714 to 16-716 as of the time the deposit is made. Section 77-2366 shall apply to deposits in capital stock financial institutions. Section 77-2365.01 shall apply to deposits in qualifying mutual financial institutions.

Source:Laws 1969, c. 84, § 1, p. 424; Laws 1987, LB 440, § 8; Laws 1990, LB 825, § 1; Laws 1993, LB 157, § 3; Laws 1996, LB 1274, § 23; Laws 2001, LB 362, § 25;    Laws 2009, LB259, § 11.    


17-801. Board of public works; how created; members; appointment; removal; qualifications; terms.

Whenever any city of the second class has or is about to establish or acquire any system of waterworks, power plant, ice plant, gas plant, sewerage, heating or lighting plant, or distribution system, the city council of such city may, in its own discretion, by ordinance, create a board of public works, which shall consist of not less than three, nor more than six members, residents of such city, to be appointed by the mayor, subject to the approval of the city council; and they may be removed by the mayor and a majority of the members elected to the city council at any time. The term of the first members of the board shall be one, two, three, or four years in the manner designated by the mayor, as the case may be, after which the term of each member shall be four years; and the terms of not more than two members shall expire at any one time.

Source:Laws 1935, c. 33, § 1, p. 138; C.S.Supp.,1941, § 17-701; R.S.1943, § 17-801; Laws 1975, LB 162, § 1.


17-802. Board of public works; powers and duties; city council; approve budget.

The city council may, by ordinance, confer upon a board of public works the active direction and supervision of any or all of the utility systems owned or operated by such city. The city council shall approve the budget of each proprietary function as provided in the Municipal Proprietary Function Act. Such board shall have the power to operate any utility referred to it and to exercise all powers conferred by law upon such cities for the operation and government of such utility to the same extent, in the same manner, and under the same restrictions as the city council could do if no such board of public works existed, except that such board of public works shall not make any expenditure or contract any indebtedness other than for ordinary running expenses, exceeding an amount established by the city council, without first obtaining the approval of the city council. The board of public works shall report to the city council at regular intervals as it may require.

Source:Laws 1935, c. 33, § 2, p. 139; Laws 1937, c. 34, § 1, p. 160; C.S.Supp.,1941, § 17-702; R.S.1943, § 17-802; Laws 1949, c. 29, § 2(1), p. 113; Laws 1983, LB 304, § 5; Laws 1993, LB 734, § 27.


Cross References

17-802.01. Board of public works; insurance plan; cooperation and participation.

The mayor and council may, by ordinance, authorize and empower the board of public works to cooperate and participate in a plan of insurance designed and intended for the benefit of the employees of any public utility operated by the city. For that purpose the board of public works may make contributions to pay premiums or dues under such plan, authorize deductions from salaries of employees, and take such other steps as may be necessary to effectuate such plan of insurance.

Source:Laws 1949, c. 29, § 2(2), p. 113.


17-803. Board of public works; surplus funds; investment.

Any surplus funds arising out of the operation of any such utilities by the board of public works, or by the city council, where any of such utilities are not being operated by such a board, may be invested, if not invested pursuant to the provisions of any other law upon the subject, in like manner and subject to the same conditions as the investment of similar funds of cities of the first class, as provided in section 16-691.01.

Source:Laws 1937, c. 34, § 1, p. 160; C.S.Supp.,1941, § 17-702; R.S.1943, § 17-803; Laws 1959, c. 51, § 1, p. 242; Laws 1961, c. 47, § 5, p. 187.


17-804. Water and light commissioner; compensation; removal.

In the event such city shall have created a board of public works as provided in section 17-801, the water commissioner and light commissioner shall, subject to confirmation by the mayor and council, be employed thereafter by said board at such reasonable compensation as may be agreed upon at the time of such employment and shall thereafter be under the jurisdiction of said board, any of the provisions of sections 17-401 to 17-426, 17-501 to 17-560 and 19-1401 to 19-1404 to the contrary notwithstanding. Any water commissioner or light commissioner, under the jurisdiction and control of the board of public works, may be removed by the board, after an opportunity to be heard before the mayor and council if he shall so request, for malfeasance, misfeasance or neglect in office.

Source:Laws 1935, c. 33, § 2, p. 139; Laws 1937, c. 34, § 1, p. 161; C.S.Supp.,1941, § 17-702; R.S.1943, § 17-804.


17-805. Board of public works; organization; meetings; records.

The members of the board of public works shall organize as soon as practicable after their appointment, by electing a chairman and secretary, who shall serve until the first meeting in June next following; and thereafter said board shall elect a chairman and secretary at the first meeting in June each year. In the absence of the regular officers, temporary officers to serve in their places may be chosen by the members present at any meeting. They shall establish regular times for meeting and may adopt such rules as may be necessary or desirable for the conduct of their business. They shall keep a record of their proceedings and if there is a legal newspaper published in or of general circulation in said city, shall publish therein the minutes of each meeting within thirty days after it is held.

Source:Laws 1935, c. 33, § 3, p. 139; C.S.Supp.,1941, § 17-703; R.S.1943, § 17-805.


17-806. Board members; oath; bond.

Each of the members of said board of public works shall take an oath to discharge faithfully the duties of his office before entering upon the discharge thereof. Each of the members of said board before entering upon the duties of his office shall be required to give bond to the city with corporate surety. Such bond shall be in the sum of five thousand dollars and shall be conditioned for the faithful performance of the duties of member of the board of public works; and the surety on such bond shall be approved by the mayor and council and shall be filed with the city treasurer; Provided, the premium on said bond shall be paid out of any public utility fund designated by the mayor and council.

Source:Laws 1935, c. 33, § 4, p. 140; C.S.Supp.,1941, § 17-704; R.S.1943, § 17-806.


17-807. Board members; interest in contracts prohibited.

No member of the board of public works shall ever be financially interested, directly or indirectly, in any contract entered into by them on behalf of such city for more than ten thousand dollars in one year.

Source:Laws 1935, c. 33, § 5, p. 140; C.S.Supp.,1941, § 17-705; R.S.1943, § 17-807; Laws 1973, LB 24, § 3.


17-808. Bookkeeper and clerk.

If the board determines that the best interests of the municipality and the patrons of the utility will be better or more economically served thereby, they may employ the duly elected city clerk as ex officio bookkeeper and collector for the utility or utilities, and he may be paid a reasonable salary for the extra services required of him in such position in addition to his salary as city clerk.

Source:Laws 1935, c. 33, § 6, p. 140; C.S.Supp.,1941, § 17-706; R.S.1943, § 17-808.


17-809. Repealed. Laws 1971, LB 32, § 5; Laws 1971, LB 435, § 1.

17-810. Rates; power to fix.

Rates or charges for service may be fixed or changed by resolution duly adopted by the board of public works.

Source:Laws 1935, c. 33, § 8, p. 140; C.S.Supp.,1941, § 17-708; R.S.1943, § 17-810.


17-901. Utilities; service; contracts for sale; when authorized.

Any city of the second class or village is hereby authorized and empowered to enter into a contract for the furnishing of electricity, power, steam or other product of any system or plant, owned and operated by such city or village, to any person or corporation, if the furnishing of such electricity, power, steam or other product shall not interfere with the proper purposes for which the lighting, heating, waterworks or other plant of such city or village was intended.

Source:Laws 1907, c. 19, § 1, p. 132; R.S.1913, § 5142; Laws 1917, c. 104, § 1, p. 275; Laws 1919, c. 49, § 1, p. 142; C.S.1922, § 4317; C.S.1929, § 17-508; R.S.1943, § 17-901.


Annotations

17-902. Utilities; contracts for service; transmission lines authorized.

Any city of the second class or village is hereby authorized and empowered to enter into a contract with any person or corporation either within or without the corporate limits of such city or village for the furnishing of electricity, power, steam or other product to such city or village or to any electric, power, steam or other system or plant owned and operated by such city or village. Such city of the second class or village is hereby authorized and empowered for the purpose of carrying out the provisions of sections 17-901 to 17-904, to have a right-of-way for and to maintain transmission lines upon, within and across any of the public highways of this state as is provided by law for persons, firms, associations and corporations engaged in generating and transmitting electric current within this state.

Source:Laws 1919, c. 49, § 1, p. 142; C.S.1922, § 4317; C.S.1929, § 17-508; R.S.1943, § 17-902.


17-903. Utilities; contracts for service; approval of electors; bonds; interest; taxes.

Before any city of the second class or village shall make any contract with any person or corporation within or without such city or village for the furnishing of electricity, power, steam or other product to such city or village, or any such municipal plant within such city or village, the question shall be submitted to the electors voting at any regular or special election upon the proposition; and such city of the second class or village may, by a majority vote at such election, vote bonds or taxes for the purpose of defraying the cost of such transmission line and connection with any person, firm, corporation or other city or village with which it may enter into a contract for the purchasing of electricity, power, steam or other product. The question of issuing bonds for any of the purposes herein contemplated shall be submitted to the electors at an election held for that purpose, after not less than twenty days' notice thereof shall have been given by publication in some newspaper published and of general circulation in such municipality, or, if no newspaper is published therein, then by posting in five or more public places therein. Such bonds may be issued only when a majority of the electors voting on the question favor their issuance. They shall bear interest, payable annually or semiannually, and shall be payable any time the municipalities may determine at the time of their issuance, but in not more than twenty years after their issuance. The council or board shall levy annually a sufficient tax to maintain, operate, and extend any system or plant, and to provide for the payment of the interest on, and the principal of, any bonds that may have been issued as herein provided; Provided, that if no tax or issuance of bonds is required, any city of the second class or village may by resolution of the city council or board of trustees contract for the furnishing of electricity at retail to such city or village, or to any electric plant within such city or village, with any public power district, or an electric cooperative which cooperative has an approved retail service area adjoining such city or village.

Source:Laws 1917, c. 104, § 1, p. 275; Laws 1919, c. 49, § 1, p. 143; C.S.1922, § 4317; C.S.1929, § 17-508; R.S.1943, § 17-903; Laws 1965, c. 58, § 4, p. 268; Laws 1969, c. 83, § 4, p. 420; Laws 1969, c. 51, § 49, p. 302.


Annotations

17-904. Transmission line outside city prohibited.

Nothing contained in sections 17-901 to 17-903 shall be construed as granting power to any city of the second class or village to construct and maintain transmission lines outside of such city or village for the purpose of selling electricity, power, steam or other product of its plant to another municipality or the residents therein.

Source:Laws 1919, c. 49, § 1, p. 144; C.S.1922, § 4317; C.S.1929, § 17-508; R.S.1943, § 17-904.


17-905. Utilities; acquisition; revenue bonds; issuance; when authorized.

Supplemental to any existing law on the subject and in lieu of the issuance of general obligation bonds, or the levying of taxes upon property, as by law provided, any city of the second class or any village may construct, purchase or otherwise acquire a waterworks plant or a water system, or a gas plant or a gas system, including a natural or bottled gas plant, gas distribution system or gas pipelines, either within or without the corporate limits of the city or village, and real and personal property needed or useful in connection therewith, and pay the cost thereof by pledging and hypothecating the revenue and earnings of any waterworks plant or water system, or gas plant or gas system, including a natural or bottled gas plant, gas distribution system or gas pipelines, owned or to be owned by the city or village. In the exercise of the authority herein granted, the city or village may issue and sell revenue bonds or debentures and enter into such contracts in connection therewith as may be proper and necessary. Such revenue bonds or debentures shall be a lien only upon the revenue and earnings of the waterworks plant or water system, gas plant or gas system, including a natural or bottled gas plant, gas distribution system or gas pipelines, owned or to be owned by the city or village. No such city or village shall pledge or hypothecate the revenue and earnings of any waterworks plant or water system, or gas plant or gas system, including a natural or bottled gas plant, gas distribution system or gas pipelines, nor issue revenue bonds or debentures, as herein authorized, until the proposition relating thereto has been submitted in the usual manner to the qualified voters of such city or village at a general or special election, and approved by a majority of the electors voting on the proposition submitted; Provided, such proposition shall be submitted, whenever requested, within thirty days after a sufficient petition signed by the qualified voters of such city or village equal in number to twenty percent of the vote cast at the last general municipal election held therein is filed with the city clerk or village clerk, as the case is. Three weeks' notice of the submission of the proposition shall be given by publication in some legal newspaper published in or of general circulation in such city or village, or, if no legal newspaper is published therein, then by posting in five or more public places therein. The requirement herein for a vote of the electors, however, shall not apply when such city or village seeks to pledge or hypothecate such revenue or earnings, or issue revenue bonds or debentures solely for the maintenance, extension or enlargement of any waterworks plant or water system, or any gas plant or any gas system, including a natural or bottled gas plant, gas distribution system or gas pipelines, owned by such city or village.

Source:Laws 1941, c. 22, § 2, p. 113; C.S.Supp.,1941, § 17-596; R.S.1943, § 17-905.


Annotations

17-905.01. Gas distribution system or bottled gas plant; lease by city; terms; submission to election.

Any city of the second class or any village which constructs a gas distribution system, or purchases or otherwise acquires a bottled gas plant, within the corporate limits of the city or village as provided in section 17-905, may lease any such facility or facilities to any such person, persons, corporation or corporations as the governing body of such city of the second class or village may select, upon such terms and conditions as it shall deem advisable; Provided, if there are any revenue bonds outstanding or to be outstanding at the time the lease becomes effective, for which the revenue and earnings of such facility or facilities are or shall be pledged and hypothecated, the net lease payments shall be sufficient to pay the principal and interest on said revenue bonds as the same become due; and provided further, that such proposition shall be first submitted to the qualified voters of such city of the second class or village in the manner set forth in section 17-905, such proposition to be submitted either independently of or in conjunction with the proposition set forth in section 17-905.

Source:Laws 1963, c. 69, § 1, p. 270.


17-906. Power plant; construction; eminent domain; procedure.

Any city of the second class or village is hereby authorized and empowered to erect a power plant, electric or other light works outside the corporate limits of such city or village, and to acquire such real estate required for any plant. Such city or village in establishing and erecting such plant shall have the right to purchase or take private property for the purpose of erecting the plant and constructing, running, and extending its transmission line. In all cases such city or village shall pay to such person or persons whose property shall be taken or injured thereby such compensation therefor as may be agreed upon or as shall be allowed by lawful condemnation proceedings. The procedure to condemn property shall be exercised in the manner set forth in sections 76-704 to 76-724, except as to property specifically excluded by section 76-703 and as to which sections 19-701 to 19-707 are applicable.

Source:Laws 1921, c. 192, § 1, p. 711; C.S.1922, § 4394; C.S.1929, § 17-601; R.S.1943, § 17-906; Laws 1951, c. 101, § 59, p. 474.


Annotations

17-907. Power plant; transmission lines; right-of-way.

Such city or village is hereby given, for the purpose of erecting and operating such plant, a right-of-way over and the right to erect and maintain transmission lines upon, within, and across any of the public highways of the state, subject to the provisions of sections 75-709 to 75-724.

Source:Laws 1921, c. 192, § 1, p. 711; C.S.1922, § 4394; C.S.1929, § 17-601; R.S.1943, § 17-907; Laws 1992, LB 866, § 1.


17-908. Power plant; construction; election; bonds; interest; redemption.

Before such city or village makes any contract with any person or corporation relating in any manner whatever to the erection of such proposed plant, the question as to whether such plant shall be erected shall be duly submitted to the electors voting at any regular or special election upon the proposition, and such city of the second class or village may by a majority of the votes cast at such election vote bonds in an amount not in excess of seven percent of the taxable valuation of such city or village for the purpose of defraying the cost of such plant. The question of issuing such bonds shall be submitted to the electors at an election held for that purpose after not less than thirty days' notice thereof has been given by publication in some newspaper of general circulation in such city or village or, if no newspaper is published therein, then by posting at five or more public places therein for at least thirty days before such election. Such bonds shall bear interest, payable annually or semiannually, and shall be payable any time the city or village may determine at the time of their issuance but in not more than twenty years after their issuance. The city or village shall have the option of paying any or all of such bonds at any time after five years from their date.

Source:Laws 1921, c. 192, § 1, p. 712; C.S.1922, § 4394; C.S.1929, § 17-601; R.S.1943, § 17-908; Laws 1969, c. 51, § 50, p. 304; Laws 1971, LB 534, § 15; Laws 1992, LB 719A, § 60.


17-909. Power plant; operation and extension; tax authorized.

The council or board of such city or village shall levy annually a sufficient tax to maintain, operate and extend any such plant, and to provide for the payment of the interest on the principal of any bonds that may have been issued as provided in section 17-908.

Source:Laws 1921, c. 192, § 1, p. 712; C.S.1922, § 4394; C.S.1929, § 17-601; R.S.1943, § 17-909.


17-910. Joint power plant; construction; approval of electors.

Two or more cities of the second class or villages may jointly erect such a plant which shall serve such respective cities or villages, and such plant may be owned and operated jointly by such respective cities or villages. Such cities or villages shall have the same rights and privileges as are in sections 17-906 to 17-909 granted to any single city or village. Before such cities or villages shall make any contract with any person or corporation relating in any manner whatever to the erection of such proposed plant, the question as to whether such jointly owned and operated plant shall be erected shall first be duly submitted to the electors of the respective cities or villages contemplating the erection of such plant, and approved by a sixty percent majority of the voters in each of such cities or villages in the manner provided in section 17-908.

Source:Laws 1921, c. 192, § 2, p. 712; C.S.1922, § 4395; C.S.1929, § 17-602; R.S.1943, § 17-910.


Annotations

17-911. Joint power plant; bonds; election; interest.

Such cities or villages in contemplating the erection of such a plant may vote joint bonds in an amount not in excess of seven percent of the valuation of such cities or villages for the purpose of defraying the cost of such plant. The question of issuing such joint bonds for the purpose contemplated shall be submitted to the electors of the respective cities or villages interested at an election held for that purpose in each of such cities or villages after notice thereof for not less than twenty days shall have been given by publication in the manner provided in section 17-908. Such bonds may be issued only when a majority of the electors in each of the cities or villages interested and voting on the question favor their issuance. If in any one of such cities or villages voting on such question a majority of the electors voting in such city or village shall fail to favor the issuance of such joint bonds then the entire election in all of the cities or villages voting shall be deemed void and of no effect. Such joint bonds shall bear interest payable annually or semiannually, and shall be payable any time the cities or villages may determine at the time of their issuance, but in not more than twenty years after their issuance, with the option of paying any or all of such bonds at any time after five years from their date.

Source:Laws 1921, c. 192, § 2, p. 713; C.S.1922, § 4395; C.S.1929, § 17-602; R.S.1943, § 17-911; Laws 1969, c. 51, § 51, p. 304; Laws 1971, LB 534, § 16.


17-912. Joint power plant; operation and extension; tax.

The councils or boards of the cities or villages issuing such joint bonds for the erection of such plant shall levy annually a sufficient tax to maintain and operate and extend such plant and to provide for the payment of interest on, and principal of, any bonds that may have been issued as herein provided.

Source:Laws 1921, c. 192, § 2, p. 713; C.S.1922, § 4395; C.S.1929, § 17-602; R.S.1943, § 17-912.


17-913. Sewers; resolution to construct, purchase, or acquire; contents; estimate of cost; special assessment.

When the city council of any city of the second class, or the board of trustees of any village, deems it advisable or necessary to build, reconstruct, purchase, or otherwise acquire a sanitary sewer system or a sanitary or storm water sewer, or sewers or sewage disposal plant, or pumping stations or sewer outlets for any such city or village, constructed or to be constructed in whole or in part inside or outside thereof, it shall declare the advisability and necessity therefor in a proposed resolution, which, in the case of pipe sewer construction, shall state the kinds of pipe proposed to be used, and shall state the size or sizes and kinds of sewers proposed to be constructed and shall designate the location and terminal points thereof. If it is proposed to construct disposal plants, pumping stations, or outlet sewers, the resolution shall refer to the plans and specifications thereof which shall have been made and filed before the publication of such resolution by the city engineer of any such city or by the engineer who has been employed by any such city or village for such purpose. If it is proposed to purchase or otherwise acquire a sanitary sewer system or a sanitary or storm water sewer, or sewers or sewage disposal plant, or pumping stations or sewer outlets, the resolution shall state the price and conditions of the purchase or how the system, sewer, plant, station, or outlet is being acquired. Such engineer shall also make and file, prior to the publication of such resolution, an estimate of the total cost of the proposed improvement. The proposed resolution shall state the amount of such estimated cost. The city council or board of trustees may assess, to the extent of special benefits, the cost of such portions of the improvements as are local improvements, upon properties found specially benefited thereby as a special assessment. The resolution shall state the outer boundaries of the district or districts in which it is proposed to make special assessments.

Source:Laws 1919, c. 189, § 1, p. 427; Laws 1921, c. 281, § 1, p. 926; C.S.1922, § 4337; Laws 1923, c. 143, § 1, p. 355; C.S.1929, § 17-528; R.S.1943, § 17-913; Laws 1947, c. 39, § 1, p. 151; Laws 2015, LB361, § 36.    


Annotations

17-914. Sewers; resolution to construct; publication; hearing.

Notice of the time when any such resolution shall be set for consideration before the council or board shall be given by at least two publications in a newspaper of general circulation published in the city or village, which publication shall contain the entire wording of the resolution. The last publication shall be not less than five days nor more than two weeks prior to the time set for hearing of objections to the passage of any such resolution, at which hearing the owners of the property which might become subject to assessment for the contemplated improvement may appear and make objections to the proposed improvement. Thereupon the resolution may be amended and passed or passed as proposed.

Source:Laws 1919, c. 189, § 1, p. 428; C.S.1922, § 4338; C.S.1929, § 17-529; R.S.1943, § 17-914.


Annotations

17-915. Sewers; resolution to construct; posting.

If there is no newspaper of general circulation published within any such city or village, notice as provided in section 17-914 shall be given for the same length of time by posting the same in three conspicuous places in such city or village, two of which shall be the clerk's office and the post office.

Source:Laws 1919, c. 189, § 3, p. 428; C.S.1922, § 4339; C.S.1929, § 17-530; R.S.1943, § 17-915.


17-916. Sewers; resolution to construct; petition in opposition; effect.

If a petition, opposing the resolution, signed by property owners representing a majority of the front footage which may become subject to assessment for the cost in any proposed lateral sewer district, be filed with the clerk within three days before the date of the meeting for the hearing on such resolution, such resolution shall not be passed.

Source:Laws 1919, c. 189, § 4, p. 428; C.S.1922, § 4340; C.S.1929, § 17-531; R.S.1943, § 17-916.


Annotations

17-917. Sewers; resolution to construct, purchase, or acquire; vote required.

Upon compliance with sections 17-913 to 17-916, the council or board of trustees may by resolution order the making, reconstruction, purchase or otherwise acquiring of any of the improvements provided for in section 17-913. The vote upon any such resolution shall be as required by section 17-616.

Source:Laws 1919, c. 189, § 5, p. 429; C.S.1922, § 4341; C.S.1929, § 17-532; R.S.1943, § 17-917; Laws 1947, c. 39, § 2, p. 152.


17-918. Sewers; construction; contracts; notice; bids; acceptance.

After ordering any such improvements as provided for in section 17-917, the council or board may enter into a contract for the construction of same in one or more contracts, but no work shall be done or contract let until notice to contractors has been published in a newspaper of general circulation, published in such city or village, and if there be no newspaper of general circulation published in said city or village, then in some newspaper of general circulation published in the county wherein such city or village is located. The notice shall be published in at least two issues of such paper and shall state the extent of the work, and the kinds of material to be bid upon, including in such notice all kinds of material mentioned in the resolution specified in section 17-913, the amount of the engineer's estimate of the cost of the said improvements, and the time when bids will be received. The work herein provided for shall be done under written contract with the lowest responsible bidder on the material selected after the bids are opened and in accordance with the requirements of the plans and specifications. The council or board may reject any or all bids received and advertise for new bids in accordance herewith.

Source:Laws 1919, c. 189, § 6, p. 429; Laws 1921, c. 281, § 2, p. 926; C.S.1922, § 4342; C.S.1929, § 17-533; R.S.1943, § 17-918; Laws 1975, LB 112, § 3.


Annotations

17-919. Sewers; acceptance by engineer; approval; cost; assessments; notice.

After the completion of any such work or purchase or otherwise acquiring the system, the engineer shall file with the clerk of such city or village a certificate of acceptance, which acceptance shall be approved by the council or board by resolution. The council or board shall then require the engineer to make a complete statement of all the costs of any such improvement and a plat of the property in the district and a schedule of the amount proposed to be assessed against each separate piece of property in such district, which shall be filed with the city or village clerk within ten days from date of acceptance of the work, purchase or otherwise acquiring the system. The council or board shall then order the clerk to give notice that such plat and schedules are on file in his office and that all objections thereto, or to prior proceedings on account of errors, irregularities or inequalities, not made in writing and filed with the city or village clerk within twenty days after the first publication of such notice, shall be deemed to have been waived. Such notice shall be given by two publications in a newspaper of general circulation published in such city or village, but if no paper is published within such city or village, then such notice may be given by publication in some newspaper of general circulation in such city or village, and by posting in each of three public places in the city or village. Such notice shall state the time and place where objections, filed as herein provided for, shall be considered by the city council or village board.

Source:Laws 1919, c. 189, § 7, p. 430; C.S.1922, § 4343; C.S.1929, § 17-534; R.S.1943, § 17-919; Laws 1947, c. 39, § 3, p. 152; Laws 1963, c. 75, § 1, p. 278.


17-920. Sewers; assessments; hearing; equalization; payable in installments; interest.

The hearing on the proposed assessment shall be held by the city council or village board, sitting as a board of adjustment and equalization, at the time specified in such notice which shall be not less than twenty days nor more than thirty days after the date of first publication unless adjourned. Such session may be adjourned, with provisions for proper notice of such adjournment. At such meeting, the proposed assessment shall be adjusted and equalized with reference to benefits resulting from the improvement and shall not exceed such benefits; Provided, if any special assessment be payable in installments, each installment shall draw interest payable semiannually or annually from the date of levy until due. Such delinquent installments shall draw interest at the rate specified in section 45-104.01, as such rate may from time to time be adjusted by the Legislature, until paid.

Source:Laws 1919, c. 189, § 8, p. 430; C.S.1922, § 4344; C.S.1929, § 17-535; Laws 1935, c. 136, § 21, p. 534; C.S.Supp.,1941, § 17-535; R.S.1943, § 17-920; Laws 1949, c. 27, § 1, p. 100; Laws 1957, c. 34, § 1, p. 198; Laws 1959, c. 64, § 4, p. 288; Laws 1969, c. 51, § 52, p. 305; Laws 1980, LB 933, § 19; Laws 1981, LB 167, § 20.


Annotations

17-921. Sewers; special assessments; levy; collection.

After the equalization of special assessments as required by section 17-920, the special assessments shall be levied by the mayor and city council or the board of village trustees, upon all lots or parcels of ground within the district specified which are benefited by reason of the improvement. The special assessments may be relevied if, for any reason, the levy thereof is void or not enforceable and in an amount not exceeding the previous levy. Such levy shall be enforced as a special assessment, and any payments thereof under previous levies shall be credited to the person or property making the same. All special assessments made for such purposes shall be collected in the same manner as other special assessments.

Source:Laws 1919, c. 189, § 9, p. 430; C.S.1922, § 4345; C.S.1929, § 17-536; R.S.1943, § 17-921; Laws 2015, LB361, § 37.    


Annotations

17-922. Sewers; assessments; interest; exempt property; cost; how paid.

No city council or village board shall cause to be assessed for any of the improvements herein provided, property by law not assessable, or property not included within the district defined in the preliminary resolution, and shall not assess property not benefited. The cost of sewers at the intersection of streets and alleys and opposite property belonging to the United States Government, or other property not assessable, may be included with the cost of the rest of the work and may be assessed on the property within the district, if benefited by the improvement to such extent, or may be paid from unappropriated money in the general fund. The cost of the improvements shall draw interest from the date of acceptance thereof by the city council or village board.

Source:Laws 1919, c. 189, § 10, p. 431; C.S.1922, § 4346; C.S.1929, § 17-537; R.S.1943, § 17-922; Laws 1969, c. 51, § 53, p. 305.


Annotations

17-923. Sewers; assessments; when due; interest.

All special assessments provided for in section 17-921 shall become due in fifty days after the date of the levy and may be paid within that time without interest, but if not so paid they shall bear interest thereafter until delinquent. Such assessment shall become delinquent in equal annual installments over such period of years as the council or board of trustees may determine at the time of making the levy. Delinquent installments shall bear interest at the rate specified in section 45-104.01, as such rate may from time to time be adjusted by the Legislature, until paid and shall be collected in the usual manner for the collection of taxes.

Source:Laws 1919, c. 189, § 11, p. 431; C.S.1922, § 4347; Laws 1923, c. 143, § 2, p. 356; C.S.1929, § 17-538; R.S.1943, § 17-923; Laws 1949, c. 27, § 2, p. 100; Laws 1953, c. 35, § 1, p. 126; Laws 1959, c. 64, § 5, p. 288; Laws 1969, c. 51, § 54, p. 306; Laws 1980, LB 933, § 20; Laws 1981, LB 167, § 21.


17-924. Sewers; assessments; sinking fund; purpose.

All the special assessments provided for in section 17-921 shall, when levied, constitute a sinking fund for the purpose of paying the cost of the improvements herein provided for with allowable interest thereon, and shall be solely and strictly applied to such purpose to the extent required; but any excess thereof may be by the council or board, after fully discharging the purposes for which levied, transferred to such other fund or funds as the council may deem advisable.

Source:Laws 1919, c. 189, § 13, p. 432; C.S.1922, § 4349; C.S.1929, § 17-539; R.S.1943, § 17-924.


17-925. Sewers; bonds; term; rate of interest; partial payments; final payment; contractor; interest; special assessments; tax authorized.

For the purpose of paying the cost of the improvements herein provided for, the city council of any such city or board of trustees of any such village, after such improvements have been completed and accepted, shall have the power to issue negotiable bonds of any such city or village, to be called Sewer Bonds, payable in not exceeding twenty years and bearing interest payable annually or semiannually, which may either be sold by the city or village or delivered to the contractor in payment for the work, but in either case for not less than their par value. For the purpose of making partial payments as the work progresses, warrants may be issued by the mayor and council or by the board of trustees upon certificates of the engineer in charge showing the amount of work completed and materials necessarily purchased and delivered for the orderly and proper continuation of the project, in a sum not exceeding ninety-five percent of the cost thereof and upon the completion and acceptance of the work issue a final warrant for a balance of the amount due the contractor, which warrants shall be redeemed and paid upon the sale of the bonds issued and sold as aforesaid. The city or village shall pay to the contractor interest at the rate of eight percent per annum on the amounts due on partial and final payments beginning forty-five days after the certification of the amounts due by the engineer in charge and approval by the governing body, and running until the date that the warrant is tendered to the contractor. All special assessments which may be levied upon property specially benefited by such work or improvements shall, when collected, be set aside and constitute a sinking fund for the payment of the interest and principal of said bonds. There shall be levied annually upon all the taxable property in said city or village a tax, which, together with such sinking fund derived from special assessments, shall be sufficient to meet payments of interest and principal as the same become due. Such tax shall be known as the sewer tax and shall be payable annually in money.

Source:Laws 1919, c. 189, § 14, p. 432; C.S.1922, § 4350; C.S.1929, § 17-540; Laws 1931, c. 34, § 1, p. 126; Laws 1935, c. 35, § 1, p. 146; C.S.Supp.,1941, § 17-540; R.S.1943, § 17-925; Laws 1963, c. 70, § 2, p. 272; Laws 1969, c. 51, § 55, p. 306; Laws 1974, LB 636, § 4.


Annotations

17-925.01. Sewers; water utilities; maintenance and repair; tax authorized; service rate in lieu of tax; lien.

The mayor and council of any city of the second class or the board of trustees of any village is hereby authorized, after the establishment of a system of sewerage and at the time of levying other taxes for city or village purposes, to levy a tax of not more than three and five-tenths cents on each one hundred dollars upon the taxable value of all the taxable property in such city or village for the purpose of creating a fund to be used for the maintenance and repairing of any sewer or water utilities in such city or village. In lieu of the levy of such tax, the mayor and city council of any such city or the board of trustees of any village may establish by ordinance such rates for such sewer service as may be deemed by them to be fair and reasonable, to be collected from either the owner or the person, firm, or corporation requesting the services at such times, either monthly, quarterly, or otherwise, as may be specified in the ordinance. All sewer charges shall be a lien upon the premises or real estate for which the same is used or supplied. Such lien shall be enforced in such manner as the local governing body provides by ordinance. The charges thus made when collected shall be placed either in a separate fund or in a combined water and sewer fund and used exclusively for the purpose of maintenance and repairs of the sewer system, or the water and sewer system, in such city or village.

Source:Laws 1903, c. 22, § 9, p. 258; R.S.1913, § 5048; C.S.1922, § 4217; Laws 1923, c. 188, § 1, p. 432; C.S.1929, § 17-156; Laws 1943, c. 33, § 2, p. 151; R.S.1943, § 17-925.01; Laws 1947, c. 51, § 2, p. 172; Laws 1951, c. 37, § 1, p. 138; Laws 1953, c. 287, § 22, p. 944; Laws 1979, LB 187, § 59; Laws 1992, LB 719A, § 61; Laws 1997, LB 67, § 1.


17-925.02. Sewers; rental charges; collection.

Any city of the second class or village in the State of Nebraska may make rental charges for the use of an established municipal sewerage system on a fair and impartial basis for services rendered. They shall be collected at the same time and in the same manner as the water charges by the same officials.

Source:Laws 1947, c. 43, § 1, p. 159.


17-925.03. Sewers; rental charges; reduction in taxes.

The revenue from such charges shall only be used for the abatement or the reduction of ad valorem taxes being levied or to be levied for the payment of bonds outstanding or to be issued for the construction of or additions to such sewerage system.

Source:Laws 1947, c. 43, § 2, p. 159.


17-925.04. Sewers; rental charges; cumulative to service rate for maintenance and repair.

The charges permitted by sections 17-925.02 to 17-925.04 shall be in addition to the charges permitted by section 17-925.01 for the maintenance and repair of such system.

Source:Laws 1947, c. 43, § 3, p. 159.


17-926. Cemetery; acquisition; condemnation; procedure.

Any city of the second class or village through its mayor and city council or board of trustees may, by eminent domain, condemn, purchase, hold, and pay for land not exceeding one hundred sixty acres outside the corporate limits of any city of the second class or village for the purpose of the burial of the dead. The mayor and council or chairperson and board of trustees are also empowered and authorized to receive by gift or devise real estate for cemetery purposes. In the event any city of the second class or village through its mayor and council or chairperson and board of trustees desires to purchase any cemetery belonging to any corporation, partnership, limited liability company, association, or individual, which cemetery has already been properly surveyed and platted, and is used for cemetery purposes, then the mayor and city council or chairperson and board of trustees are hereby authorized and empowered to purchase the cemetery. In the event the owner or owners of such cemetery desired to be purchased by any city of the second class or village will not or cannot sell and convey same to the city or village or in the event the owner or owners of such cemetery cannot agree upon the price to be paid for the cemetery, the mayor and council of any city of the second class or the board of trustees of any village shall by resolution declare the necessity for the acquisition thereof by exercise of the power of eminent domain. The adoption of the resolution shall be deemed conclusive evidence of such necessity. The procedure to condemn property shall be exercised in the manner set forth in sections 76-704 to 76-724.

Source:Laws 1929, c. 46, § 1, p. 195; C.S.1929, § 17-541; R.S.1943, § 17-926; Laws 1951, c. 101, § 60, p. 474; Laws 1963, c. 70, § 3, p. 273; Laws 1993, LB 121, § 136.


17-927. Repealed. Laws 1951, c. 101, § 127.

17-928. Repealed. Laws 1951, c. 101, § 127.

17-929. Repealed. Laws 1951, c. 101, § 127.

17-930. Repealed. Laws 1951, c. 101, § 127.

17-931. Repealed. Laws 1951, c. 101, § 127.

17-932. Repealed. Laws 1951, c. 101, § 127.

17-933. Cemetery; acquisition; title.

Where such real estate is acquired by gift or devise, the title shall vest in the city or village upon the conditions imposed by the donor and upon acceptance by the mayor and city council or chairman and board of trustees. Where such real estate is acquired by purchase or by virtue of exercise of the right of eminent domain, the title shall vest absolutely in such city or village. Nothing in sections 17-933 to 17-937 shall be construed in any manner to affect cemeteries belonging to any religious organization or society, lodge or fraternal society.

Source:Laws 1929, c. 46, § 8, p. 197; C.S.1929, § 17-548; R.S.1943, § 17-933.


17-934. Cemetery; existing cemetery association; transfer to; conditions.

In any city of the second class or village in which there exists a duly perfected cemetery association as defined in section 12-501, if the cemetery association proposes to the mayor and council of such city or to the chairperson and board of trustees of such village by means of a resolution duly enacted by such cemetery association, signed by its president and attested by its secretary, signifying the willingness of the cemetery association to exercise control and management of any cemetery belonging to such city or village, then the mayor and council or chairperson and board of trustees shall submit at the next regular municipal election the question of the management and control over the cemetery under the conveyance made by the proper authorities of such city or village. If a majority of the votes cast at such election are in favor of the transfer of the management and control of the cemetery belonging to such city or village to the cemetery association, the management and control of such cemetery shall be relinquished forthwith by the proper authorities of such city or village to the cemetery association. If the real estate of the cemetery of such city or village has been acquired by gift or devise, the relinquishment of the management and control to the cemetery association shall be subject to the conditions imposed by the donor; and upon acceptance by the president and secretary of the cemetery association, the conditions shall be binding upon the cemetery association.

Source:Laws 1929, c. 46, § 8, p. 198; C.S.1929, § 17-548; R.S.1943, § 17-934; Laws 2014, LB863, § 13.    


17-935. Existing cemetery association; transfer; deeds; how executed.

Subsequent to the relinquishment by the mayor and council of such city, or the chairman and board of trustees of such village to the proper officers of such cemetery association, as aforesaid, the deeds to all burial lots executed by the trustees of such cemetery association, through its president and secretary, shall as a matter of course be signed, sealed, acknowledged, and delivered by the proper officers of such city or village as other real property of such city or village is conveyed, except that the transfer of such burial lots shall not require a vote of a majority of the electors of such city or village to make title to the same valid and legal in the purchaser or purchasers thereof.

Source:Laws 1929, c. 46, § 8, p. 198; C.S.1929, § 17-548; R.S.1943, § 17-935.


17-936. Existing cemetery association; transfer of funds.

In case of the transfer of the management and control of such village or city cemetery, as provided in sections 17-934 and 17-935, the cemetery board erected under section 12-401 shall have no jurisdiction over the management and control of such cemetery after the transfer. In the event of such transfer, any funds or any money to the credit of the cemetery fund or any perpetual fund created under section 12-402, shall be paid over by the village treasurer of such village or by the city treasurer of such city to the treasurer of the cemetery association; and all endowments contemplated under section 12-301 to such village or city cemetery shall vest absolutely in the cemetery association to whom the control and management of such cemetery shall have been transferred.

Source:Laws 1929, c. 46, § 8, p. 199; C.S.1929, § 17-548; R.S.1943, § 17-936; Laws 1959, c. 49, § 3, p. 239; Laws 2009, LB500, § 3.    


17-937. Existing cemetery association; trustees; oath; bond; vacancy; how filled.

Each of the trustees of such cemetery association shall thereupon forthwith qualify by subscribing to an oath in the office of the city clerk or village clerk, as the case may be, substantially as follows: That he will faithfully, impartially, and honestly perform his duties as such trustee; provided further, that whenever the trustees of any cemetery association organized under sections 17-926 to 17-939, shall receive the gift of any property, real or personal, in trust, for the perpetual care of said cemetery, or anything connected therewith, said trustees shall, upon the enactment of bylaws by the association to that effect, require the treasurer of said association to give a bond to said association in a sum equal to the amount of said trust fund and other personal property, conditioned for the faithful administration of said trust and for the care of said funds and property. Said bonds shall be approved by the mayor of the city and by the chairman of the board of trustees of the village and shall remain on file with and in the custody of the city clerk or the village clerk, as the case may be, of such city or village. The premium on the bond of the treasurer shall be paid from available cemetery funds credited to or in the hands of said cemetery association. In the event of a vacancy occurring among the members of the board of trustees of such cemetery association, such vacancy shall be filled in the like manner as the original member of said board of trustees was elected in accordance with the provisions of section 12-501. Such trustee elected as aforesaid to fill such vacancy shall subscribe to the oath as hereinbefore provided. Such appointment to fill such vacancy shall continue until the successor of such trustee shall be duly elected and qualified.

Source:Laws 1929, c. 46, § 8, p. 199; C.S.1929, § 17-548; R.S.1943, § 17-937.


17-938. Cemetery; maintenance; tax; forfeiture of lot; resale; reclamation of lot; procedure.

(1) The mayor and city council or the board of trustees of such city or village are hereby empowered to levy a tax not to exceed five and two-tenths cents on each one hundred dollars upon the taxable value of all taxable property in such city or village for any one year for improving, adorning, protecting, and caring for such cemetery.

(2) Except as provided in subsection (3) of this section, all certificates to any lot or lots upon which no interments have been made and which have been sold for burial purposes under the provisions of section 17-941 may be declared forfeited and subject to resale if, for more than three consecutive years, all charges and liens as provided herein or by any of the rules, regulations, or bylaws of the association are not promptly paid by the holders of such certificates. All certificates to any lot or lots sold shall contain a forfeiture clause to the effect that if no interment has been made on the lot or lots and all liens and charges have not been paid as provided in this subsection, by ordinance, or in the bylaws of the association, such certificate and the rights under the same may, at the option of the cemetery board, with the sanction of the mayor and council or of the chairperson and board of trustees, as the case may be, be declared null and void and the lot or lots shall be subject to resale as in the first instance.

(3) When any lot has been transferred by warranty deed or by a deed conveying a fee simple title, but there has been no burial in any such lot or subdivision thereof and no payment of annual assessments for a period of three years, the cemetery board, with the sanction of the mayor and council or of the chairperson and board of trustees, as the case may be, may reclaim the unused portion of such lot or subdivision after notifying the record owner or his or her heirs or assigns, if known, by certified mail and publishing notice of its intention to do so. Such notice shall be published once each week for four weeks in a newspaper of general circulation throughout the county in which the cemetery is located, shall describe the lot or subdivision proposed to be reclaimed, and shall be addressed to the person in whose name such portion stands of record or, if there is no owner of record, to all persons claiming any interest in such lot or subdivision. If no person appears to claim such lot or subdivision and pay all delinquent assessments with interest within fifteen days after the last date of such publication, the cemetery board may by resolution reclaim such lot or subdivision. Such reclamation shall be complete upon a filing of a verified copy of such resolution, together with proof of publication, in the office of the register of deeds.

Source:Laws 1929, c. 46, § 9, p. 200; C.S.1929, § 17-549; R.S.1943, § 17-938; Laws 1953, c. 287, § 23, p. 944; Laws 1955, c. 43, § 1, p. 158; Laws 1971, LB 38, § 1; Laws 1979, LB 249, § 1; Laws 1979, LB 187, § 60; Laws 1980, LB 599, § 7; Laws 1986, LB 808, § 1; Laws 1992, LB 719A, § 62.


17-939. Cemetery; acquisition; bonds; interest; approval of electors required.

The mayor and council of any such city of the second class or the board of trustees of any such village are hereby authorized to issue bonds in a sum not exceeding ten thousand dollars for the purpose of acquiring title by purchase or by virtue of eminent domain to land now used for cemetery purposes and that may be hereafter acquired for any necessary addition to any existing cemetery. No such bonds shall be issued until the question of issuing the same shall be submitted to the electors of any such city or village at a general election thereof, or at a special election called for the purpose of submitting the proposition of issuing such bonds, and unless at such election a majority of the electors voting on the proposition shall have voted in favor of issuing such bonds. Such bonds shall be payable in not exceeding ten years from date and shall bear interest payable annually or semiannually. Notice of such election shall be given by publication in a legal newspaper published or of general circulation in the city or village for three successive weeks, the final publication to be not more than ten days prior to the date of such election, as therein specified. The election shall be governed, insofar as applicable, by the laws of this state governing general elections.

Source:Laws 1929, c. 46, § 10, p. 200; C.S.1929, § 17-550; R.S.1943, § 17-939; Laws 1969, c. 51, § 56, p. 307; Laws 1971, LB 534, § 17; Laws 1996, LB 299, § 14.


17-940. Cemetery; improvement.

The mayor and council or board of trustees may survey, plat, map, grade, fence, ornament, and otherwise improve all burial and cemetery grounds and avenues leading thereto owned by such city or village. They may construct walks and protect ornamental trees therein, and provide for paying the expenses thereof.

Source:Laws 1879, § 69, XXXIII, p. 218; Laws 1881, c. 23, § 8, XXXIII, p. 186; Laws 1885, c. 20, § 1, XXXIII, p. 177; Laws 1887, c. 12, § 1, XXXIII, p. 305; R.S.1913, § 5167; C.S.1922, § 4354; C.S.1929, § 17-552; R.S.1943, § 17-940.


17-941. Cemetery; lots; conveyance.

The mayor and council or board of trustees may convey cemetery lots by certificate signed by the mayor and chairperson, and countersigned by the clerk, under the seal of the city or village, 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 map or plat, 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 or board of trustees.

Source:Laws 1879, § 69, XXXIV, p. 218; Laws 1881, c. 23, § 8, XXXIV, p. 186; Laws 1885, c. 20, § 1, XXXIV, p. 177; Laws 1887, c. 12, § 1, XXXIV, p. 306; R.S.1913, § 5168; C.S.1922, § 4355; C.S.1929, § 17-553; R.S.1943, § 17-941; Laws 1971, LB 32, § 4; Laws 2015, LB241, § 3.    


17-942. Cemetery; lots; ownership and use; regulations.

The mayor and council or board of trustees may limit the number of cemetery lots which shall be owned by the same person at the same time. They may prescribe rules for enclosing, adorning, and erecting monuments and tombstones on cemetery lots. They may prohibit any diversion of the use of such lots and any improper adornment thereof; but no religious test shall be made as to the ownership of lots, the burial therein, or the ornamentation of graves or of such lots.

Source:Laws 1879, § 69, XXXV, p. 218; Laws 1881, c. 23, § 8, XXXV, p. 187; Laws 1885, c. 20, § 1, XXXV, p. 178; Laws 1887, c. 12, § 1, XXXV, p. 306; R.S.1913, § 5169; C.S.1922, § 4356; C.S.1929, § 17-554; R.S.1943, § 17-942.


17-943. Cemetery; protection; rules and regulations.

The mayor and council or board of trustees may pass rules and ordinances imposing penalties and fines not exceeding one hundred dollars, regulating, protecting, and governing 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 itself.

Source:Laws 1879, § 69, XXXVI, p. 218; Laws 1881, c. 23, § 8, XXXVI, p. 187; Laws 1885, c. 20, § 1, XXXVI, p. 178; Laws 1887, c. 12, § 1, XXXVI, p. 306; R.S.1913, § 5170; C.S.1922, § 4357; C.S.1929, § 17-555; R.S.1943, § 17-943.


17-944. Cemetery association; formation; when authorized.

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 or village shall so desire it, it shall be lawful for such lot owners to associate themselves into and form a cemetery association as defined in section 12-501.

Source:Laws 1887, c. 15, § 1, p. 330; R.S.1913, § 5171; C.S.1922, § 4358; C.S.1929, § 17-556; R.S.1943, § 17-944; Laws 2014, LB863, § 14.    


Annotations

17-945. Cemetery association; trustees; conveyances.

Upon the formation of such cemetery association, the lot owners in such cemetery shall elect five of their number as trustees, to whom shall be given the general care, management, and supervision of such cemetery. The mayor or chairperson of such city or village shall, by virtue of his or her office, be a member of the board of trustees, and it shall be his or her 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. 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.

Source:Laws 1887, c. 15, § 2, p. 330; R.S.1913, § 5172; C.S.1922, § 4359; C.S.1929, § 17-557; R.S.1943, § 17-945; Laws 2015, LB241, § 4.    


17-946. Cemetery association; powers of board of trustees; income; use.

(1) The board of trustees of a cemetery association formed pursuant to section 17-944 shall have power:

(a) To limit the number of cemetery lots that shall be owned by the same person at the same time;

(b) To prescribe rules for enclosing, adorning, and erecting monuments and tombstones on cemetery lots;

(c) 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; and

(d) 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.

(2) The officers of a city of the second class or village in which a cemetery association has been formed pursuant to such section shall have as full jurisdiction and power in the enforcing of rules and ordinances passed pursuant to subsection (1) of this section as though such rules and ordinances related to the corporation of such city or village itself.

(3) All money received from sale of lots in any such cemetery, or which may come to it by donation, bequest, 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 the association's board of trustees, except that in addition, and notwithstanding any provision of Chapter 12, article 5, the principal of the fund that is attributable to money received from the sale of lots, or attributable to money which has come to the fund by donation, bequest, or otherwise that does not prohibit such use, may be used for the purchase and development of additional land to be used for cemetery purposes as long as no more than twenty-five percent of such principal is so used in any fiscal year and no more than thirty-five percent of such principal is so used in any period of ten consecutive fiscal years.

(4) This section does not limit the use of any money that comes to the city or village by donation, bequest, or otherwise that is not designated to be credited to the perpetual fund or that allows greater use for purchase or development of additional land to be used for cemetery purposes.

Source:Laws 1887, c. 15, §§ 3, 4, 5, p. 331; R.S.1913, §§ 5173, 5174, 5175; C.S.1922, §§ 4360, 4361, 4362; C.S.1929, §§ 17-558, 17-559, 17-560; R.S.1943, § 17-946; Laws 2005, LB 262, § 3.    


17-947. Cemetery association; formation; funds; transfer to.

Upon the organization of such cemetery association as herein provided, all property and money under the control of the city council or village trustees shall vest in such cemetery association for the purposes aforesaid, and all money in the control of such city council or village trustees shall be turned over to the board of trustees of such cemetery association.

Source:Laws 1887, c. 15, § 6, p. 332; R.S.1913, § 5176; C.S.1922, § 4363; C.S.1929, § 17-561; R.S.1943, § 17-947.


17-948. Recreation and conservation; real estate; acquisition by gift or purchase; title.

Cities of the second class and villages are empowered and authorized to receive, by gift or devise, and to purchase real estate within or without their corporate limits, for the purpose of parks, public grounds, swimming pools or dams, either for recreational or conservational purposes. Where such real estate is acquired by gift or devise the title shall be vested in the city or village, upon the conditions imposed by the donor and upon the acceptance by the mayor and city council or the board of trustees; and where such real estate is acquired by purchase the title shall vest absolutely in such city or village.

Source:Laws 1937, c. 35, § 1, p. 162; C.S.Supp.,1941, § 17-590; R.S.1943, § 17-948; Laws 1969, c. 86, § 3, p. 432.


17-949. Recreation and conservation; real estate; regulation and control; penalties authorized.

Whether the title to such real estate shall be acquired by gift, devise or purchase, the jurisdiction of the city council, park board or the board of trustees shall at once be extended over such real estate; and the city council, park board or board of trustees shall have power to enact bylaws, rules or ordinances for the protection and preservation of any real estate acquired as herein contemplated, and to provide rules and regulations for the closing of said park or swimming pool, in whole or in part, to the general public, and charge admission thereto during such closing, either by the municipality or by any person, persons or corporation leasing same. They may provide suitable penalties for the violation of such bylaws, rules or ordinances; and the police power of any such city or village, that shall acquire any real estate as herein contemplated, shall be at once extended over the same.

Source:Laws 1937, c. 35, § 2, p. 162; C.S.Supp.,1941, § 17-591; R.S.1943, § 17-949; Laws 1961, c. 52, § 1, p. 195.


17-950. Recreation and conservation; real estate; acquisition; purposes; bonds; interest; approval of electors required.

The mayor and council of any such city, or the board of trustees of any such village, are hereby authorized to issue bonds for the purpose of acquiring title to real estate, as contemplated by sections 17-948 and 17-949, and for the purpose of improving, equipping, and furnishing such real estate as parks and recreational grounds and for the purpose of building swimming pools and dams. No such bonds shall be issued until the question of issuing the same shall have been submitted to the electors of such city or village at a general election therein, or at a special election called for the purpose of submitting a proposition to issue such bonds, and unless at such election a majority of the electors voting shall have voted in favor of issuing such bonds. The question of bond issues in such cities and villages, when defeated, shall not be resubmitted in substance for a period of six months from and after the date of such election. Such bonds shall be payable in not exceeding twenty years from their date, and shall bear interest payable annually or semiannually.

Source:Laws 1937, c. 35, § 3, p. 163; C.S.Supp.,1941, § 17-592; R.S.1943, § 17-950; Laws 1955, c. 44, § 1, p. 159; Laws 1965, c. 71, § 1, p. 292; Laws 1969, c. 51, § 57, p. 308; Laws 1971, LB 534, § 18; Laws 1979, LB 187, § 61; Laws 1982, LB 692, § 2.


17-951. Facilities; maintenance and improvement; tax authorized.

The mayor and city council of any such city or the board of trustees of any such village which has already acquired or hereafter acquires land for park purposes or recreational facilities or which has already built or hereafter builds swimming pools, recreational facilities, or dams may each year make and levy a tax upon the taxable value of all the taxable property in such city or village. The levy shall be collected and put into the city or village treasury and shall constitute the park and recreation fund of such city or village. The funds so levied and collected shall be used for amusements, for laying out, improving, and beautifying such parks, for maintaining, improving, managing, and beautifying such swimming pools, recreational facilities, or dams, and for the payment of salaries and wages of persons employed in the performance of such labor.

Source:Laws 1937, c. 35, § 4, p. 163; C.S.Supp.,1941, § 17-593; R.S.1943, § 17-951; Laws 1953, c. 36, § 1, p. 127; Laws 1969, c. 86, § 4, p. 432; Laws 1979, LB 187, § 62; Laws 1992, LB 719A, § 63.


17-952. Board of commissioners; members; duties.

In each city or village, where land for park purposes or recreational facilities is acquired, or swimming pools, recreational facilities, or dams may be built, the mayor and city council of the city, or the trustees of the village, may provide by ordinance for the creation of a board of park commissioners, or board of park and recreation commissioners at the option of the city or village, which, in either case, shall be composed of not less than three members, who shall be residents of the city or village, and who shall have charge of all parks and recreational facilities belonging to the cities or villages, and shall have the power to establish rules for the management, care, and use of the same. Where such board of park commissioners or board of park and recreation commissioners has been appointed and qualified, all accounts against the park fund or park and recreation fund, as the case may be, shall be audited by such board, and warrants against the fund shall be drawn by the chairperson of the board, and warrants so drawn shall be paid by the city or village treasurer out of the fund.

Source:Laws 1937, c. 35, § 5, p. 163; C.S.Supp.,1941, § 17-594; R.S.1943, § 17-952; Laws 1969, c. 86, § 5, p. 432; Laws 2005, LB 626, § 4.    


17-953. Public buildings; acquisition or construction; approval of electors required; exception.

Cities of the second class and villages are hereby authorized and empowered to (1) purchase, (2) accept by gift or devise, (3) purchase real estate upon which to erect, and (4) erect a building or buildings for an auditorium, fire station, municipal building, or community house for housing municipal enterprises and social and recreation purposes, and other public buildings, including the construction of buildings authorized to be constructed by Chapter 72, article 14, and including construction of buildings to be leased in whole or in part by the city or village to any other political or governmental subdivision of the State of Nebraska authorized by law to lease such buildings, and maintain, manage, and operate the same for the benefit of the inhabitants of said cities or villages. Except as provided in section 17-953.01, before any such purchase can be made or building erected, the question shall be submitted to the electors of such city or village at a general municipal election or at an election duly called for that purpose, or as set forth in section 17-954, and be adopted by a majority of the electors voting on such question.

Source:Laws 1935, c. 37, § 1, p. 151; C.S.Supp.,1941, § 17-167; R.S.1943, § 17-953; Laws 1947, c. 40, § 1, p. 153; Laws 1955, c. 45, § 2, p. 162; Laws 1969, c. 97, § 1, p. 465; Laws 1981, LB 220, § 1.


17-953.01. Purchase or construction of public buildings without bond issue; remonstrance; procedure.

If the funds to be used to finance the purchase or construction of a building under section 17-953 are available other than through a bond issue, then either:

(1) Notice of the proposed purchase or construction shall be published in a newspaper of general circulation in the city or village and no election shall be required to approve the purchase or construction unless within thirty days after the publication of the notice a remonstrance against the purchase or construction is signed by registered voters of the city or village equal in number to fifteen percent of the registered voters of the city or village voting at the last regular municipal election held therein and is filed with the governing body of the city or village. If the date for filing the remonstrance falls upon a Saturday, Sunday, or legal holiday, the signatures shall be collected within the thirty-day period, but the filing shall be considered timely if filed or postmarked on or before the next business day. If a remonstrance with the necessary number of qualified signatures is timely filed, the question shall be submitted to the voters of the city or village at a general municipal election or a special election duly called for that purpose. If the purchase or construction is not approved, the property involved shall not then, nor within one year following the election, be purchased or constructed; or

(2) The governing body may proceed without providing the notice and right of remonstrance required in subdivision (1) of this section if the property can be purchased below the fair market value as determined by an appraisal, and there is a willing seller, and the purchase price is less than twenty-five thousand dollars. The purchase shall be approved by the governing body after notice and public hearing as provided in section 18-1755.

Source:Laws 1981, LB 220, § 2; Laws 1993, LB 59, § 3; Laws 1995, LB 197, § 2.


17-954. Public buildings; purchase or construction; bonds; approval of electors required; exception.

The mayor and council of such city or the chairman and board of trustees of such village, as the case may be, adopting the proposition to make such purchase or erect such building or buildings for the purposes set forth in section 17-953 shall have the power to borrow money and pledge the property and credit of the city or village upon its negotiable bonds; Provided, no such bonds shall be issued until after the same have been authorized by a majority vote of the electors voting on the proposition of their issuance, at a general municipal election or at a special election called for the submission of such proposition; and provided further, the question of such purchase or erection of such a building or buildings, as set forth in section 17-953, and the question of the issuance of the negotiable bonds referred to in this section may be submitted as one question at a general municipal or special election if so ordered by resolution or ordinance. Notice of the time and place of said election shall be given by publication in some legal newspaper printed in or of general circulation in such city or village three successive weeks immediately prior thereto. No such election for the issuance of such bonds shall be called until a petition therefor signed by at least ten percent of the legal voters of said city or village has been presented to the council or to the board of trustees. The number of voters voting at the last regular municipal election prior to the presenting of such petition shall be deemed the number of votes in said city or village for the purpose of determining the sufficiency of such petition. The question of bond issues for such purpose in such cities or villages when defeated shall not be resubmitted for six months from and after the date of such election; Provided, that when the building to be constructed is to be used by the State of Nebraska or its agency or agencies under a lease authorized by Chapter 72, article 14, or the building is to be leased by any other political or governmental subdivision of the State of Nebraska, when the combined area of the building to be leased by the state or its agency or agencies and the political or governmental subdivision of the State of Nebraska is more than fifty percent of the area of the building, and when such sum does not exceed two million dollars then no such vote of the electors will be required.

Source:Laws 1935, c. 37, § 2, p. 151; C.S.Supp.,1941, § 17-168; R.S.1943, § 17-954; Laws 1947, c. 40, § 2, p. 154; Laws 1969, c. 97, § 2, p. 466.


17-955. Public buildings; maintenance; tax.

The mayor and council of cities of the second class and chairperson and board of trustees of villages shall have the power to levy an annual tax not to exceed seven cents on each one hundred dollars upon the taxable value of the taxable property in such cities or villages for the purpose of maintaining an auditorium, municipal building, or community house and shall, by ordinance, determine and declare how it shall be managed.

Source:Laws 1935, c. 37, § 3, p. 152; C.S.Supp.,1941, § 17-169; R.S.1943, § 17-955; Laws 1947, c. 40, § 3, p. 155; Laws 1953, c. 287, § 24, p. 930; Laws 1957, c. 35, § 1, p. 199; Laws 1979, LB 187, § 63; Laws 1992, LB 1063, § 9; Laws 1992, Second Spec. Sess., LB 1, § 9.


17-956. Cold storage plants; construction and operation; power.

Cities of the second class and villages shall have the power to purchase, construct, maintain and improve cold storage or refrigeration plants for the use of their respective municipalities and the inhabitants thereof.

Source:Laws 1941, c. 24, § 1, p. 118; C.S.Supp.,1941, § 17-801; R.S.1943, § 17-956.


17-957. Cold storage plants; construction; cost; tax; bonds.

The cost of such utilities may be defrayed by the levy of a tax of not to exceed three and five-tenths cents on each one hundred dollars upon the taxable value of the taxable property within the corporate limits of such city or village in any one year for a cold storage or refrigeration plant or, when such tax is insufficient for the purpose, by the issuance of bonds of the municipality.

Source:Laws 1941, c. 24, § 2, p. 118; C.S.Supp.,1941, § 17-802; R.S.1943, § 17-957; Laws 1953, c. 287, § 25, p. 945; Laws 1979, LB 187, § 64; Laws 1992, LB 1063, § 10; Laws 1992, Second Spec. Sess., LB 1, § 10.


17-958. Cold storage plants; bonds; approval of electors; interest; redemption.

The question of issuing bonds for any purpose contemplated by sections 17-956 to 17-960 shall be submitted to the electors at any election held for that purpose after not less than thirty days' notice has been given by publication in some legal newspaper published in and of general circulation in such municipality or, if no legal newspaper is published therein, by publication in some legal newspaper published in the county in which such city or village is located. If there is no legal newspaper published in the county wherein such city or village is located, the publication shall be in a legal newspaper of general circulation in the county. Such bonds may be issued only when a majority of the electors voting on the question favor their issuance. They shall bear interest, payable annually or semiannually, and shall be payable any time the municipality may determine at the time of their issuance but in not more than twenty years after their issuance. The aggregate amount of bonds that may be issued for the construction or purchase of a cold storage or refrigeration plant shall not exceed five percent of the taxable valuation of all the property in such city or village subject to taxation.

Source:Laws 1941, c. 24, § 3, p. 118; C.S.Supp.,1941, § 17-803; R.S.1943, § 17-958; Laws 1969, c. 51, § 58, p. 308; Laws 1971, LB 534, § 19; Laws 1986, LB 960, § 9; Laws 1992, LB 719A, § 64.


17-959. Cold storage plants; operation and extension; tax.

The council or board of trustees, as the case may be, shall levy annually a sufficient tax to maintain, operate, and extend any such cold storage or refrigeration plant and to provide for the payment of the interest on, and principal of, any bonds that may have been issued as herein provided.

Source:Laws 1941, c. 24, § 3, p. 119; C.S.Supp.,1941, § 17-803; R.S.1943, § 17-959.


17-960. Cold storage plants; management; rates.

When any cold storage or refrigeration plant shall have been established, the municipality shall provide by ordinance for the management thereof, and the rates to be charged and the manner of payment for such cold storage or refrigeration plant service to be furnished. In municipalities maintaining a system of waterworks, and having a water commissioner, he shall have charge of the cold storage or refrigeration plant herein provided for, unless the local governing body shall otherwise provide by the ordinance which shall establish rules and regulations to govern and control said utility.

Source:Laws 1941, c. 24, § 4, p. 119; C.S.Supp.,1941, § 17-804; R.S.1943, § 17-960.


17-961. Facility; acquisition or construction; management; facility, defined.

Cities of the second class and villages are hereby authorized and empowered to (1) accept a gift or devise of or to purchase a facility or a building suitable for conversion into a facility, (2) purchase real estate and erect a building or buildings thereon for the purpose of establishing a facility, and (3) maintain, manage, improve, remodel, equip, and operate a facility.

For purposes of sections 17-961 to 17-966, facility shall mean a municipal hospital, a medical clinic, a nursing home, or multiunit housing.

Source:Laws 1945, c. 31, § 1, p. 149; Laws 1957, c. 36, § 1, p. 200; Laws 1965, c. 72, § 1, p. 293; Laws 1992, LB 1240, § 14.


17-962. Gift or devise; approval by city council or village board.

Before any gift or devise specified in section 17-961 may be accepted, the same shall be approved by the city council or village board.

Source:Laws 1945, c. 31, § 2, p. 149; Laws 1992, LB 1240, § 15.


17-963. Facility; acquisition or construction; issuance of bonds; interest; election.

(1) The mayor and council of such city or the chairperson and board of trustees of such village, as the case may be, adopting the proposition to accept such gift or devise, make such purchase, erect such building or buildings, or maintain, manage, improve, remodel, equip, and operate a facility shall have the power to borrow money and pledge the property and credit of the city or village upon its municipal bonds, or otherwise, for such purpose or purposes, except that no such bonds shall be issued until after the same have been authorized by a majority vote of the electors voting on the proposition of their issuance at a general municipal election or at a special election called for the submission of such proposition.

(2) The bonds shall be payable in not to exceed twenty years from date and shall bear interest payable annually or semiannually. Notice of the time and place of the election shall be given by publication three successive weeks prior thereto in some legal newspaper printed in and of general circulation in such city or village or, if no newspaper is printed in such city or village, in a newspaper of general circulation in such city or village.

(3) No election shall be called until a petition therefor, signed by at least ten percent of the legal voters of such city or village, has been presented to the council or to the board of trustees. The number of voters of the city or village voting for the office of Governor at the last general election prior to the presenting of such petition shall be deemed the number of voters in the city or village for the purpose of determining the sufficiency of such a petition. If such a bond issue in such a city or village is defeated, the proposition of issuing bonds for such a purpose shall not be resubmitted to the voters therein within a period of six months from and after the date of such election.

Source:Laws 1945, c. 31, § 3, p. 149; Laws 1947, c. 41, § 1, p. 156; Laws 1957, c. 36, § 2, p. 201; Laws 1965, c. 72, § 2, p. 293; Laws 1969, c. 51, § 59, p. 309; Laws 1971, LB 534, § 20; Laws 1992, LB 1240, § 16.


17-964. Facility; maintenance; tax.

The mayor and council of cities of the second class and the chairperson and board of trustees of villages, as the case may be, shall have the power to levy a tax each year of not to exceed seven cents on each one hundred dollars upon the taxable value of all the taxable property in such cities or villages for the purpose of maintaining and operating a facility. They shall by ordinance determine and declare how the facility shall be managed.

Source:Laws 1945, c. 31, § 4, p. 150; Laws 1953, c. 287, § 26, p. 946; Laws 1957, c. 36, § 3, p. 202; Laws 1965, c. 72, § 3, p. 294; Laws 1979, LB 187, § 65; Laws 1992, LB 719A, § 65; Laws 1992, LB 1240, § 17.


17-965. Facility fund; established; custodian.

Whenever a city or village acquires a facility as provided in sections 17-961 to 17-966, there shall be established a facility fund of which the treasurer of such city or village shall be the custodian. All funds received by gift or devise or raised by taxation, as provided in such sections, shall be paid into such fund.

Source:Laws 1945, c. 31, § 5, p. 150; Laws 1957, c. 36, § 4, p. 202; Laws 1965, c. 72, § 4, p. 295; Laws 1992, LB 1240, § 18.


17-966. Facility board; members; duties; powers; warrants.

In each city or village where a facility as provided in sections 17-961 to 17-966 is established, the mayor and city council of such city, or the chairperson and board of trustees of such village, as the case may be, may provide by ordinance for the creation of a facility board which shall be composed of not less than three nor more than seven members. The members of the board shall (1) be residents of such city or village, (2) have charge of the facility, and (3) have the power to establish rules for the management, operation, and use of the same, as provided by such ordinance. When a facility board has been appointed and qualified, all accounts against the facility fund shall be audited by the facility board, warrants against such fund shall be drawn by the chairperson of such board, and warrants so drawn shall be paid by the city or village treasurer out of such fund.

Source:Laws 1945, c. 31, § 6, p. 150; Laws 1957, c. 36, § 5, p. 202; Laws 1965, c. 72, § 5, p. 295; Laws 1992, LB 1240, § 19; Laws 2003, LB 76, § 1.    


17-967. Bonds; city of the second class or village; municipal library; issuance; interest; conditions; limitations; tax levy.

Any city of the second class or village organized according to law is hereby authorized to issue bonds in aid of improving municipal libraries of cities of the second class and villages in an amount not exceeding seven-tenths of one percent of the taxable valuation of all the taxable property, as shown by the last assessment, within such city of the second class or village in the manner directed in this section:

(1) A petition signed by not less than fifty freeholders of the city of the second class or village shall be presented to the city council of cities of the second class or board of trustees of villages. Such petition shall set forth the nature of the work contemplated, the amount of bonds sought to be voted, the rate of interest, and the length of time such bonds run, which in no event shall be less than five years nor more than twenty years from the date thereof. The petitioners shall give bond to be approved by the city council of cities of the second class or board of trustees of villages for the payment of the expenses of the election in the event that the proposition fails to receive a majority of the votes cast at such election; and

(2) Upon the receipt of such petition, the city council of cities of the second class or board of trustees of villages shall give notice and call an election in the city of the second class or village. Such notice, call, and election shall be governed by the laws regulating an election for voting bonds for such city or village. When a proposition is submitted for the issuance of bonds for the acquisition of a site or the construction of a single building for the purpose of housing the municipal public library in cities of the second class or villages, it shall be required as a condition precedent to the issuance of such bonds that a majority of the votes cast shall be in favor of such proposition. Bonds in such a city shall not be issued for such purpose in the aggregate to exceed one and four-tenths percent of the taxable valuation of all the taxable property in such a city as shown by the last assessment within such city of the second class.

Source:Laws 1967, c. 33, § 3, p. 154; Laws 1969, c. 51, § 60, p. 310; Laws 1971, LB 534, § 21; Laws 1979, LB 187, § 66; Laws 1992, LB 719A, § 66.


17-968. Bonds; issuance; record.

If a majority of the votes cast at such election are in favor of the proposition, the city council of cities of the second class or board of trustees of villages shall, as the case may be, without delay, cause to be prepared and shall issue the bonds in accordance with the petition and notice of election. The bonds shall be signed by the mayor and city clerk of cities of the second class or chairperson of the board of trustees and village clerk of villages and shall be attested by the respective seals. The village clerk of villages or city clerk of cities of the second class, as the case may be, shall enter upon the records of the board or council, the petition, bond, notice and call for the election, canvass of the vote, the number, amount, and interest, and the date at which each bond issued shall become payable.

Source:Laws 1967, c. 33, § 4, p. 156; Laws 1971, LB 534, § 22; Laws 2001, LB 420, § 18.    


17-969. Bonds; sinking fund; interest; levy.

The city councils of cities of the second class, or boards of trustees of villages or the person charged with levying the taxes, shall each year until the bonds issued under the authority of section 17-967 be paid, levy upon the taxable property in the city of the second class or village, a tax sufficient to pay the interest and five percent of the principal as a sinking fund; and at the tax levy preceding the maturity of any such bonds, levy an amount sufficient to pay the principal and interest due on such bonds.

Source:Laws 1967, c. 33, § 5, p. 156.


17-970. Water service districts; establishment; ordinance.

The governing body of any city of the second class or village shall have power, by ordinance, (1) to lay out the city or village into suitable districts for the purpose of establishing a system of water service districts, (2) to provide such systems and regulate the construction, repair, and use of the same, (3) to compel all proper connections therewith and branches from other streets, avenues, and alleys, and from private property, and (4) to provide a penalty not to exceed one hundred dollars for any obstruction or injury to any water main or part thereof, or for failure to comply with the regulations prescribed therefor. No such improvements shall be ordered except as provided in sections 17-971 and 17-972.

Source:Laws 1967, c. 73, § 1, p. 237.


17-971. Water service districts; improvements; protest; effect; special assessments.

If a governing body deems it necessary or desirable to make improvements in a water service district, it shall by ordinance create such water service district and, after the passage, approval, and publication of such ordinance, shall publish notice of the creation of such district for two consecutive weeks in a legal newspaper of the city or village. If no legal newspaper is published in the city or village, the notice shall be placed in a legal newspaper of general circulation in the city or village. If a majority of the resident owners of the property directly abutting upon any water main to be constructed within such water service district shall file with the city clerk or the village clerk within twenty days after the first publication of such notice written objections to the creation of such district, such improvement shall not be made as provided in such ordinance, but such ordinance shall be repealed. If such objections are not so filed against the district, the governing body shall immediately cause such work to be done or such improvement to be made, shall contract therefor, and shall levy special assessments on the lots and parcels of land within such district or districts specially benefited in proportion to such benefits in order to pay the cost of such improvement.

Source:Laws 1967, c. 73, § 2, p. 237; Laws 1986, LB 960, § 10; Laws 2015, LB361, § 38.    


17-972. Water service districts; failure to comply with regulation or make connection; effect; special assessment.

If any property owner shall neglect or fail, for ten days after notice either by personal service or by publication in a legal newspaper in the manner prescribed in section 17-971, to comply with the regulations adopted pursuant to section 17-970 or to make any required connections, the governing body may cause the compliance or connections to be done and assess the cost against the property as a special assessment and collect the special assessment in the manner provided for other special assessments.

Source:Laws 1967, c. 73, § 3, p. 238; Laws 1986, LB 960, § 11; Laws 2015, LB361, § 39.    


17-973. Water service district; assessments; lien; date due; payable.

All assessments made under the provisions of sections 17-970 to 17-976 shall be a lien on the property against which levied from the date of levy and shall thereupon be certified by direction of the governing body to the treasurer of such city or village for collection. Except as provided in section 18-1216, such assessments shall be due and payable to such treasurer until November 1 thereafter or until the delivery of the tax list for such year to the treasurer of the county in which such city or village may be situated, at and after which time the same shall be due and payable to such county treasurer. The governing body of such city or village shall, within the time provided by law, cause such assessments, or the portion thereof remaining unpaid, to be certified to the county clerk of the county for entry upon the proper tax lists. If the city or village treasurer collects any assessment or portion thereof so certified while the same shall be payable to the county treasurer, the city or village treasurer shall certify the assessment or portion thereof to the county treasurer at once, and the county treasurer shall correct the record to show such payment.

Source:Laws 1967, c. 73, § 4, p. 238; Laws 1996, LB 962, § 2.


17-974. Water service district; assessments; delinquent; interest; rate; payment.

Such assessments shall become delinquent in equal annual installments over such period of years, not to exceed ten, as the governing body may determine at the time of making the levy, the first such equal installment to become delinquent in fifty days after the date of such levy. Each of such installments, except the first, shall draw interest at a rate not exceeding the rate of interest specified in section 45-104.01, as such rate may from time to time be adjusted by the Legislature, payable annually, from the time of the levy until the same shall become delinquent, and after the same becomes delinquent, interest at the rate specified in section 45-104.01, as such rate may from time to time be adjusted by the Legislature, shall be paid thereon. All of such installments may be paid at one time on any lot or land within fifty days from the date of the levy without interest and, if so paid, such lot or land shall be exempt from any lien or charge therefor.

Source:Laws 1967, c. 73, § 5, p. 239; Laws 1980, LB 933, § 21; Laws 1981, LB 167, § 22.


17-975. Water service districts; cost of improvements; partial payments; final payment; contractor; interest.

For the purpose of making partial payments as the work progresses under the provisions of sections 17-970 to 17-976, warrants may be issued by the governing body upon certificates of the engineer in charge showing the amount of work completed and materials necessarily purchased and delivered for the orderly and proper continuation of the project in the total amount of not to exceed ninety-five percent of the cost thereof. Upon the completion and acceptance of the work a final warrant shall be issued for the balance of the amount due the contractor or other party entitled to payment. The governing body shall pay to the contractor interest at the rate of eight percent per annum on the amounts due on partial and final payments beginning forty-five days after the certification of the amounts due by the engineer in charge and approval by the governing body, and running until the date that the warrant is tendered to the contractor. Such warrants shall be payable in the order of their number and shall bear interest at not to exceed six percent per annum from the date of registration until paid.

Source:Laws 1967, c. 73, § 6, p. 239; Laws 1974, LB 636, § 5.


17-976. Water service districts; cost of improvements; bonds; interest; issuance; tax; levy.

For the purpose of paying the cost of improvements in any water service district and the funding of any warrants issued, the governing body may by ordinance cause to be issued bonds of the city or village to be called Water Service District Bonds of District No. ..., payable in not to exceed ten years from date and to bear interest payable annually or semiannually. Such bonds shall be general obligations of the city or village, and the governing body thereof shall levy and collect annually a tax upon all of the taxable property in such city or village sufficient in rate and amount to pay in full, when taken together with the assessments provided for in section 17-971, the principal and interest of such bonds as the same become due. The amount of such tax shall not be included in the maximum amount of tax which any such city of the second class or village is authorized to levy annually.

Source:Laws 1967, c. 73, § 7, p. 239; Laws 1969, c. 51, § 61, p. 311; Laws 1992, LB 719A, § 67.


17-1001. Suburban development; zoning ordinances; building regulations; public utility codes; extension; notice to county board.

(1) Except as provided in section 13-327, any city of the second class or village may apply by ordinance any existing or future zoning ordinances, property use regulation ordinances, building ordinances, electrical ordinances, and plumbing ordinances to an area within one mile of the corporate limits of such municipality, with the same force and effect as if such area was within its corporate limits. No such ordinance shall be extended or applied so as to prohibit, prevent, or interfere with the conduct of existing farming, livestock operations, businesses, or industry. For purposes of sections 70-1001 to 70-1020, the zoning area of a city of the second class or village shall be one-half mile from the corporate limits of such municipalities. The fact that the zoning area or part thereof is located in a different county or counties than some or all portions of the municipality shall not be construed as affecting the necessity of obtaining the approval of the city council or board of trustees of such municipality or its agent designated pursuant to section 19-916.

(2)(a) A city of the second class or village shall provide written notice to the county board of the county in which the one-mile extraterritorial zoning jurisdiction of the city or village is located when proposing to adopt or amend a zoning ordinance which affects the one-mile extraterritorial zoning jurisdiction of the city or village within such county. The written notice of the proposed change to the zoning ordinance shall be sent to the county board or its designee at least thirty days prior to the final decision by the city or village. The county board may submit comments or recommendations regarding the change in the zoning ordinance at the public hearings on the proposed change or directly to the city or village within thirty days after receiving such notice. The city or village may make its final decision (i) upon the expiration of the thirty days following the notice or (ii) when the county board submits comments or recommendations, if any, to the city or village prior to the expiration of the thirty days following the notice.

(b) Subdivision (2)(a) of this section does not apply to a city of the second class or a village (i) located in a county with a population in excess of one hundred thousand inhabitants or (ii) if the city or village and the county have a joint planning commission or joint planning department.

Source:Laws 1957, c. 37, § 1, p. 204; Laws 1967, c. 70, § 3, p. 232; Laws 1967, c. 75, § 4, p. 244; Laws 1983, LB 71, § 4; Laws 2002, LB 729, § 10;    Laws 2016, LB295, § 2.    
Effective Date: July 21, 2016


Annotations

17-1002. Designation of jurisdiction; suburban development; subdivision; platting; consent required; review; when required.

(1) Except as provided in subsection (5) of this section, any city of the second class or village may designate by ordinance the portion of the territory located within one mile of the corporate limits of such city or village and outside of any other organized city or village within which the designating city or village will exercise the powers and duties granted by this section and section 17-1003 or section 19-2402.

(2) No owner of any real property located within the area designated by a city or village pursuant to subsection (1) or (5) of this section may subdivide, plat, or lay out such real property in building lots, streets, or other portions of the same intended to be dedicated for public use or for the use of the purchasers or owners of lots fronting thereon or adjacent thereto without first having obtained the approval of the city council or board of trustees of such municipality or its agent designated pursuant to section 19-916 and, when applicable, having complied with sections 39-1311 to 39-1311.05. The fact that such real property is located in a different county or counties than some or all portions of the municipality shall not be construed as affecting the necessity of obtaining the approval of the city council or board of trustees of such municipality or its designated agent.

(3) No plat of such real property shall be recorded or have any force or effect unless approved by the city council or board of trustees of such municipality or its designated agent.

(4) Except as provided in subsection (6) of this section, in counties that have adopted a comprehensive development plan which meets the requirements of section 23-114.02 and are enforcing subdivision regulations, the county planning commission shall be provided with all available materials on any proposed subdivision plat, contemplating public streets or improvements, which is filed with a municipality in that county, when such proposed plat lies partially or totally within the extraterritorial zoning jurisdiction being exercised by that municipality in such county. The commission shall be given four weeks to officially comment on the appropriateness of the design and improvements proposed in the plat. The review period for the commission shall run concurrently with subdivision review activities of the municipality after the commission receives all available material for a proposed subdivision plat.

(5) If a city of the second class or village receives approval for the cession and transfer of additional extraterritorial zoning jurisdiction under section 13-327, such city or village may designate by ordinance the portion of the territory located within one mile of the corporate limits of such city or village and outside of any other organized city or village within which the designating city or village will exercise the powers and duties granted by this section and section 17-1003 or section 19-2402 and shall include territory ceded under section 13-327 within such designation.

(6) In counties having a population in excess of one hundred thousand inhabitants but less than two hundred fifty thousand inhabitants that have adopted a comprehensive development plan which meets the requirements of section 23-114.02 and are enforcing subdivision regulations, the county planning department and public works department shall be provided with all available materials on any proposed subdivision plat, contemplating public streets or improvements, which is filed with a municipality in that county, when such proposed plat lies partially or totally within the extraterritorial subdivision jurisdiction being exercised by that municipality in such county. The county may officially comment on the appropriateness of the design and improvements proposed in the plat.

Source:Laws 1957, c. 37, § 2, p. 204; Laws 1967, c. 70, § 4, p. 233; Laws 1967, c. 75, § 5, p. 244; Laws 1978, LB 186, § 2; Laws 1983, LB 71, § 5; Laws 1993, LB 208, § 3; Laws 2001, LB 222, § 2;    Laws 2002, LB 729, § 11;    Laws 2003, LB 187, § 5;    Laws 2016, LB864, § 3;    Laws 2016, LB877, § 1.    
Effective Date: July 21, 2016


Note: The Revisor of Statutes has pursuant to section 49-769 correlated LB864, section 3, with LB877, section 1, to reflect all amendments.


17-1003. Suburban development; powers of city council or board of trustees; dedication of avenues, streets, and alleys.

The city council or board of trustees of such municipality shall have power, by ordinance, to provide the manner, plan, or method by which the real property in any such area may be subdivided, platted, or laid out, including a plan or system for the avenues, streets, or alleys to be laid out within or across the same. The city council or board of trustees shall have the power to compel the owner of any such real property in any such area, in subdividing, platting, or laying out of same, to conform to the requirements of such ordinance and to lay out and dedicate the avenues, streets, and alleys in accordance therewith.

Source:Laws 1957, c. 37, § 3, p. 204.


17-1004. Designation of jurisdiction; how described.

An ordinance of a city of the second class or village designating its jurisdiction over territory outside of the corporate limits of the city or village under section 17-1001 or 17-1002 shall describe such territory by metes and bounds or by reference to an official map.

Source:Laws 1993, LB 208, § 4.