Nebraska Revised Statute 17-528.02
Chapter 17 Section 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.
- 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.
Right of regulation of rates to be charged for gas is reserved to municipality. Nebraska Natural Gas Co. v. City of Lexington, 167 Neb. 413, 93 N.W.2d 179 (1958).
Power to regulate rates is delegated to municipality but rates must not be confiscatory. Kansas-Nebraska Natural Gas Co. v. City of St. Edward, 167 Neb. 15, 91 N.W.2d 69 (1958).
City may make regulations with reference to holders of franchise for distribution of gas. City of Bayard v. North Central Gas Co., 164 Neb. 819, 83 N.W.2d 861 (1957).
City council is empowered to fix rates for the term of franchise. Kansas-Nebraska Natural Gas Co. v. City of St. Edward, 134 F.Supp. 809 (D. Neb. 1955).