Nebraska Revised Statute 17-538

Chapter 17 Section 538

17-538.

Waterworks; use of water; rates or rental; collection.

Cities of the second class and villages shall have the right and power to tax, assess, and collect from the inhabitants of such cities and villages 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 city council or village board of trustees shall deem just or expedient. All such water rates, taxes, or rent shall be a lien upon the premises, or real estate, upon or for which such water is used or supplied; and such taxes, rents, or rates shall be paid and collected and such lien enforced in such manner as the city council or village board of trustees shall provide by ordinance.

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;
  • Laws 2017, LB133, § 164.
  • Effective Date: August 24, 2017

Annotations

  • The power to fix rates for furnishing water to city and inhabitants is vested in the municipality and such rates are presumed lawful and reasonable unless clearly shown to be confiscatory. McCook Waterworks Co. v. City of McCook, 85 Neb. 677, 124 N.W. 100 (1909).

  • Where title of ordinance did not refer to contract for "rental for hydrant" used in body of ordinance, though the ordinance authorized third party to construct and maintain water system and use the streets, such contract was void as to water rentals. Lincoln Land Co. v. Village of Grant, 57 Neb. 70, 77 N.W. 349 (1898).