reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-410 - Metropolitan utilities districts; extension of service beyond corporate limits; procedure.

18-410.
Metropolitan utilities districts; extension of service beyond corporate limits; procedure.
Any metropolitan utilities district is hereby given power to extend water mains, gas mains, and other utility service under its operation and management beyond the corporate limits of the city of the metropolitan class so as to include adjacent territory, sanitary and improvement districts, unincorporated areas, cities, or villages, even though in an adjoining county or counties, and may create such water main districts, gas main districts, sanitary sewer districts, storm water disposal districts, and other public utility districts within such adjacent sanitary and improvement districts, unincorporated areas, cities, and villages, even though located in an adjoining county or counties. When such water main districts, gas main districts, sanitary sewer districts, storm water disposal districts, or other public utility districts are created in an adjoining county or counties, the special assessment levy in such districts shall be certified to the county treasurer of such adjoining county or counties, as the case may be, and shall there be entered of record against the proper real estate. It shall be the duty of the county treasurer of the adjoining county or counties, as the case may be, to collect the assessments and as collected to report and transmit such assessments to the metropolitan utilities district.
Source
Laws 1921, c. 110, § 8, p. 389;
C.S.1922, § 4482;
C.S.1929, § 18-1008;
R.S.1943, § 18-410;
Laws 1992, LB 746, § 70;
Laws 2001, LB 177, § 4;
Laws 2021, LB163, § 21.
Annotations
Metropolitan Utilities District may extend its territory so as to include adjacent territory in another county. Barton v. City of Omaha, 180 Neb. 752, 145 N.W.2d 444 (1966).
The district may extend water mains beyond city limits and enlarge district to include territory served by such extensions. Murphy v. Metropolitan Utilities Dist., 126 Neb. 663, 255 N.W. 20 (1934).
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-411 - Cities not in metropolitan class with home rule charters; powers not restricted.

18-411.
Cities not in metropolitan class with home rule charters; powers not restricted.
Sections 18-401 to 18-410 shall not be construed as a restriction upon the powers of cities, other than a city of the metropolitan class, which have adopted or may hereafter adopt a home rule charter under the Constitution of Nebraska nor as a limitation upon any provision in such charter or any amendments to such charter.
Source
Laws 1921, c. 110, § 9, p. 390;
C.S.1922, § 4483;
C.S.1929, § 18-1009;
R.S.1943, § 18-411;
Laws 2021, LB163, § 22.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-412.01 - Electric system; contract to operate; bidding requirements.

18-412.01.
Electric system; contract to operate; bidding requirements.
Whenever any city or village in this state contracts with a public power district or an agency of the United States Government to operate, renew, replace, and add to the electric distribution, transmission, or generation system of the city or village and in the performance of the contract the public power district or the United States Government agrees to comply with the laws relating to bidding for contracts entered into by public power districts or the United States Government, the city or village shall not be required to advertise for or take bids for such renewals, replacements, or additions.
Source
Laws 1969, c. 78, § 3, p. 410;
Laws 1998, LB 1129, § 1.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-412.06 - Electric service; contracts to purchase authorized; limitation on liability.

18-412.06.
Electric service; contracts to purchase authorized; limitation on liability.
(1) Any city or village owning or operating electric generation or transmission facilities may enter into contracts for the purchase of electric energy, power and energy, or capacity, or any combination thereof, upon such terms and conditions and for such periods as the governing body of such city or village may by ordinance authorize. Such terms and conditions may obligate the city or village to make payment under the contracts during such time or times as the facility, if any, to which the contract pertains may be incapable of being operated or may not be in operation for any reason. Any contract authorized by this section may be entered into by the city or village with nonprofit corporations of this or any other state among whose purposes is the financing of electric properties, projects or undertakings for such city or village, other municipalities of this or any other state, public power districts and public power and irrigation districts of this or any other state, other governmental entities or agencies of this or any other state or the federal government, electric cooperatives or electric membership cooperatives of this or any other state, or investor-owned electric utilities organized under the laws of any other state. The obligation and liability of such city or village under the contract shall be limited to the electric revenue of such city or village, unless prior to the execution of the contract by the city or village the contract shall have been approved by a majority of the qualified voters of the city or village voting upon the question.
(2) Any city or village may enter into contracts for the purchase of electric power to be generated by a project as provided in sections 70-1701 to 70-1705.
Source
Laws 1975, LB 60, § 1;
Laws 2004, LB 969, § 6.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-412.07 - Electric facilities; joint exercise of powers with public power districts and public agencies; authority.

18-412.07.
Electric facilities; joint exercise of powers with public power districts and public agencies; authority.
The Legislature finds and declares that it is in the public interest of the State of Nebraska that cities and villages of this state be empowered to participate jointly or in cooperation with public power districts and public power and irrigation districts and other public agencies in the establishment and operation of facilities for the generation or transmission of electric power and energy located within or outside this state in order to achieve economies and efficiencies in meeting the future electric energy needs of the people of the State of Nebraska. In furtherance of such need and in addition to but not in substitution for any other powers granted cities and villages of this state, each city and village which owns or operates electrical facilities shall have and may exercise its power and authority to plan, finance, acquire, construct, own, operate, maintain, improve, and decommission electric generation or transmission facilities located within or outside this state jointly and in cooperation with one or more such public power districts, public power and irrigation districts, other cities or villages of this state which own or operate electrical facilities, municipal corporations, or other governmental entities of other states which operate electrical facilities. The powers granted under this section may be exercised with respect to any electric generation or transmission facility jointly with the powers granted under any other provision of sections 18-412.07 to 18-412.09 and 70-628.02 to 70-628.04.
Source
Laws 1976, LB 1005, § 1;
Laws 1997, LB 658, § 1;
Laws 2004, LB 969, § 7;
Laws 2021, LB163, § 25.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-412.08 - Electric facilities; joint exercise of powers with electric cooperatives or corporations; authority.

18-412.08.
Electric facilities; joint exercise of powers with electric cooperatives or corporations; authority.
The Legislature finds and declares that it is in the public interest of the State of Nebraska that cities and villages of this state be empowered to participate jointly and in cooperation with one or more electric cooperatives or electric membership corporations organized under the laws of this state or any other state in the establishment and operation of facilities for the generation or transmission of electric power and energy in order to achieve economies and efficiencies in meeting the future electric energy needs of the people of the State of Nebraska. In furtherance of such end and in addition to, but not in substitution for, any other powers granted such cities and villages of this state, each city or village which owns or operates electrical facilities shall have and may exercise such power and authority to plan, finance, acquire, construct, own, operate, maintain, improve, and decommission electric generation or transmission facilities located in this state jointly and in cooperation with one or more electric cooperatives or electric membership corporations organized under the laws of this state or any other state, and each city or village shall have and may exercise such power and authority with respect to electric generation or transmission facilities located outside this state jointly or in cooperation with one or more electric cooperatives or electric membership corporations organized under the laws of this state or any other state. The powers granted under this section may be exercised with respect to any electric generation or transmission facility jointly with the powers granted under any other provisions of sections 18-412.07 to 18-412.09 and 70-628.02 to 70-628.04.
Source
Laws 1976, LB 1005, § 2;
Laws 1997, LB 658, § 2;
Laws 2004, LB 969, § 8;
Laws 2021, LB163, § 26.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-412.10 - Electric facilities outside state; joint acquisition and maintenance; conditions.

18-412.10.
Electric facilities outside state; joint acquisition and maintenance; conditions.
If a city or village proposes to, and during such time as such city and village shall, plan, finance, acquire, construct, own, operate, maintain, improve, and decommission jointly and in cooperation with others as contemplated by sections 18-412.07 to 18-412.10 facilities for the generation or transmission of electric power and energy located or to be located outside this state, such city or village may comply with all laws of the United States and of the state in which the facilities are or are to be located applicable to such facilities or applicable to any of such activities or applicable to the performance of any of such activities across state boundaries or in such state, including submitting itself to any governmental body, board, commission, or agency having jurisdiction over such facilities or over any of such activities or over the performance of such activities and applying for and carrying out of all licenses, certificates, or other approvals required by such laws in order to enable the city or village to carry out the provisions of sections 18-412.07 to 18-412.10.
Source
Laws 1976, LB 1005, § 4;
Laws 2004, LB 969, § 10;
Laws 2021, LB163, § 28.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-413 - Waterworks; right-of-way outside corporate limits; purposes; conditions.

18-413.
Waterworks; right-of-way outside corporate limits; purposes; conditions.
Any city or village in this state erecting, constructing, or maintaining a system of waterworks, or part of a system of waterworks, outside its corporate limits, is granted the right-of-way along any of the public roads of the state, along any of the streets and alleys of any city or village within the state, and over and through any of the lands which are the property of the state, for the laying, constructing, and maintaining of water mains, conduits, and aqueducts for the purpose of transporting or conveying water from such system of waterworks, or part of such system of waterworks, to such city or village erecting the same. Such city or village is granted such right-of-way for the further purpose of erecting and maintaining all necessary poles, wires, or conduits, for the purpose of transporting, transmitting, or conveying electric current from such city or village to such system of waterworks, or part of such system of waterworks, for power and light purposes. In
constructing such water mains, conduits, and aqueducts for transporting water and such poles, wires, and conduits for transmitting electric current along the streets or alleys of any other city or village, such city or village shall construct and locate the same in accordance with existing ordinances of such other city or village pertaining thereto and shall be liable for any damage caused thereby. Such poles and wires shall be constructed so as not to interfere with the use of the public roadway, and such wires shall be placed at a height not less than twenty feet above all road crossings.
Source
Laws 1931, c. 35, § 1, p. 127;
C.S.Supp.,1941, § 18-1301;
R.S.1943, § 18-413;
Laws 2021, LB163, § 29.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-418 - Electric service; negotiated rates; requirements.

18-418.
Electric service; negotiated rates; requirements.
In order to help stimulate economic development, any municipality furnishing electric service may, but shall not be required to, negotiate, fix, establish, and collect rates, tolls, rents, and other charges different from those of other users and consumers for electrical energy and associated services or facilities. The different rates, tolls, rents, and other charges would be effective for a period not to exceed five years, for services, commodities, and facilities sold, furnished, or supplied to or for the benefit of any project approved pursuant to the Quality Jobs Act beginning operation on or after July 1, 1995, that has new or additional energy consumption with a minimum electrical demand of five thousand kilowatts during the applicable billing demand period with a minimum annual load factor of fifty-five percent. In no case shall such charges be less than the cost of supplying such services.
Source
Laws 1995, LB 828, § 1.
Cross References
Quality Jobs Act, see section 77-4901.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-419 - Sale or lease of dark fiber; authorized.

18-419.
Sale or lease of dark fiber; authorized.
In addition to the powers authorized by sections 18-401 to 18-418 and any ordinances or resolutions relating to the provision of electric service, any city or village owning or operating electric generation or transmission facilities may sell or lease its dark fiber pursuant to sections 86-574 to 86-578.
Source
Laws 2001, LB 827, § 8;
Laws 2002, LB 1105, § 419.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-502 - Revenue bonds; issuance; interest; not included in limit on bonds.

18-502.
Revenue bonds; issuance; interest; not included in limit on bonds.
For the purpose of owning, operating, constructing, and equipping a sewage disposal plant or sewerage system or improving or extending such existing system as provided in section 18-501, a city or village may issue revenue bonds therefor. Such revenue bonds, as provided in this section, shall not impose any general liability upon the city or village but shall be secured only by the revenue of such utility as provided in section 18-504. Such revenue bonds shall be sold for not less than par and bear interest at a rate set by the governing body. The amount of such revenue bonds, either issued or outstanding, shall not be included in computing the maximum amount of bonds which such city or village may be authorized to issue under its charter or any statute of this state.
Source
Laws 1933, c. 146, § 2, p. 561;
Laws 1937, c. 41, § 2, p. 180;
C.S.Supp.,1941, § 18-1402;
R.S.1943, § 18-502;
Laws 1957, c. 40, § 1, p. 214;
Laws 1969, c. 51, § 62, p. 311;
Laws 2021, LB163, § 31.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-503 - Rules and regulations; charges; collection.

18-503.
Rules and regulations; charges; collection.
The governing body of a city or village which owns, constructs, equips, or operates a sewage disposal plant or sewerage system pursuant to section 18-501 may make all necessary rules and regulations governing the use, operation, and control of such system. The governing body may establish just and equitable rates or charges to be paid to it for the use of such disposal plant and sewerage system by each person, firm, or corporation whose premises are served by such system. If the service charge so established is not paid when due, such sum may be recovered by the city or village in a civil action, or it may be certified to the tax assessor and assessed against the premises served, and collected or returned in the same manner as other municipal taxes are certified, assessed, collected, and returned.
Source
Laws 1933, c. 146, § 3, p. 562;
C.S.Supp.,1941, § 18-1403;
R.S.1943, § 18-503;
Laws 1961, c. 53, § 4, p. 199;
Laws 2021, LB163, § 32.
Annotations
Sewer use charge is not a special assessment; a city has authority to make necessary rules and regulations including a reasonable processing charge on delinquent accounts. Rutherford v. City of Omaha, 183 Neb. 398, 160 N.W.2d 223 (1968).
Provision for sewer rental or use charges did not conflict with similar charges authorized for cities of the metropolitan class. Metropolitan Utilities Dist. v. City of Omaha, 171 Neb. 609, 107 N.W.2d 397 (1961).
Ordinance authorizing water supply to be shut off for nonpayment of delinquent sewer charges is not in conflict with this section. Michelson v. City of Grand Island, 154 Neb. 654, 48 N.W.2d 769 (1951).
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-504 - Revenue bonds; payment; sinking fund; rates; rights of holders of bonds.

18-504.
Revenue bonds; payment; sinking fund; rates; rights of holders of bonds.
(1) Revenue bonds which are issued, as provided in section 18-502, shall not be a general obligation of the city or village, but shall be paid only out of the revenue received from the service charges as provided in section 18-503.
(2) If a service rate is charged, as a part of the revenue, as provided in subsection (1) of this section, to be paid as provided in this section, such portion of such rate as may be deemed sufficient shall be set aside as a sinking fund for the payment of the interest on such revenue bonds, and the principal of such revenue bonds at maturity.
(3) It shall be the duty of the governing body of the city or village to charge rates for the service of the sewerage system, as referred to in subsection (1) of this section, which shall be sufficient, at all times, to pay the cost of operation and maintenance of such system and to pay the principal of and interest upon all revenue bonds issued, under the provisions of section 18-502, and to carry out any covenants that may be provided in the ordinance authorizing the issuance of any such bonds.
(4) The holders of any of the revenue bonds or any of the coupons of any revenue bonds, issued under subsection (1) of this section, in any civil action, mandamus, or other proceeding may enforce and compel the performance of all duties required by this section and the covenants made by the city or village in the ordinance providing for the issuance of such bonds, including the making and collecting of sufficient rates or charges for the specified purposes and for the proper application of the income from such bonds.
Source
Laws 1933, c. 146, § 4, p. 562;
C.S.Supp.,1941, § 18-1404;
R.S.1943, § 18-504;
Laws 1957, c. 40, § 2, p. 214;
Laws 2021, LB163, § 33.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-505 - Franchises; contracts authorized; rates.

18-505.
Franchises; contracts authorized; rates.
For the purpose of providing for a sewage disposal plant and sewerage system, or improving or extending such existing system, any city or village may also enter into a contract with any corporation organized under or authorized by the laws of this state to engage in such business, to receive and treat in the manner provided in sections 18-501 to 18-510, the sewage of such system, and to construct, and provide the facilities and services as provided in section 18-501. Such contract may also authorize the corporation to charge the owners of the premises served such a service rate therefor as the governing body of such city or village may determine to be just and reasonable, or the city or village may contract to pay such corporation a flat rate for such service, and pay therefor out of its general fund or the proceeds of any tax levy applicable to the purposes of such contract, or assess the owners of the property served a reasonable charge for such service to be collected as provided in section 18-503 and paid into a fund to be used to defray such contract charges.
Source
Laws 1933, c. 146, § 5, p. 562;
Laws 1937, c. 41, § 3, p. 181;
C.S.Supp.,1941, § 18-1405;
R.S.1943, § 18-505;
Laws 2021, LB163, § 34.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-506 - General obligation bonds; issuance; interest; not included in limit on bonds.

18-506.
General obligation bonds; issuance; interest; not included in limit on bonds.
For the purpose of owning, operating, constructing, and equipping any sewage disposal plant and any sanitary or storm sewer system or combination storm and sanitary sewer system, or improving or extending such existing system, or for the purpose stated in sections 18-501 to 18-505, any city or village is authorized and empowered to issue and sell the general obligation bonds of such city or village upon compliance with the provisions of section 18-506.01. Such bonds shall not be sold or exchanged for less than the par value thereof and shall bear interest which shall be payable annually or semiannually. The governing body of such city or village shall have the power to determine the denominations of such bonds, and the date, time, and manner of the payment thereof. The amount of such general obligation bonds, either issued or outstanding, shall not be included in the maximum amount of bonds which such city or village may be authorized to issue and sell under its charter or any statutes of this state.
Source
Laws 1933, c. 146, § 6, p. 563;
Laws 1937, c. 41, § 4, p. 182;
C.S.Supp.,1941, § 18-1406;
R.S.1943, § 18-506;
Laws 1951, c. 19, § 2, p. 99;
Laws 1955, c. 48, § 2, p. 167;
Laws 1969, c. 51, § 63, p. 312;
Laws 2021, LB163, § 35.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-506.01 - Revenue bonds; general obligation bonds; issuance; conditions.

18-506.01.
Revenue bonds; general obligation bonds; issuance; conditions.
Revenue bonds, authorized by section 18-502, may be issued by ordinance duly passed by the mayor and city council of any city or the board of trustees of any village without any other authority. General obligation bonds, authorized by section 18-506, may be issued only after the question of their issuance shall have been submitted to the electors of such city or village at a general or special election, of which three weeks' notice thereof has been published in a legal newspaper published in or of general circulation in such city or village, and more than a majority of the electors voting at the election have voted in favor of the issuance of such bonds.
Source
Laws 1951, c. 19, § 3, p. 100;
Laws 1967, c. 83, § 1, p. 259;
Laws 2021, LB163, § 36.
Annotations
Sewer bonds can be issued only after more than sixty percent of the electors voting at the election vote in favor of issuance of bonds. State ex rel. City of Grand Island v. Johnson, 175 Neb. 498, 122 N.W.2d 240 (1963).
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-508 - Service beyond corporate limits; conditions; contracts with users.

18-508.
Service beyond corporate limits; conditions; contracts with users.
The owner of any sewerage system or sewage disposal plant, provided for in sections 18-501 to 18-507, or the city or village in which such system or plant is located, is authorized to extend such system or plant beyond the corporate limits of the city or village which it serves, under the same conditions as nearly as may be as within the corporate limits of such city or village and to charge to users of its services reasonable and fair rates consistent with those charged or which might be charged within such corporate limits and consistent with the expense of extending and maintaining such system or plant for the users thereof outside such corporate limits at a fair return to the owner thereof. The mayor and city council of any city or the board of trustees of any village shall have authority to enter into contracts with users of such sewerage system or sewage disposal plant, except that no contract shall provide for furnishing of such service for a period in excess of twenty years.
Source
Laws 1937, c. 41, § 5, p. 182;
C.S.Supp.,1941, § 18-1409;
R.S.1943, § 18-508;
Laws 1951, c. 19, § 4, p. 100;
Laws 1957, c. 41, § 1, p. 217;
Laws 2021, LB163, § 38.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-509 - Rental and use charges; collection; use.

18-509.
Rental and use charges; collection; use.
(1) The mayor and city council of any city or the board of trustees of any village, in addition to other sources of revenue available to the city or village, may by ordinance set up a rental or use charge, to be collected from users of any system of sewerage, and provide methods for collection of such rental or use charge. The charges shall be charged to each property served by the sewerage system, shall be a lien upon the property served, and may be collected either from the owner or the person, firm, or corporation requesting the service.
(2) All money raised from the charges referred to in subsection (1) of this section shall be used for maintenance or operation of the existing system of sewerage, for payment of principal and interest on bonds issued as is provided for in section 17-925, 18-502, 18-506, or 19-1305, or to create a reserve fund for the purpose of future maintenance or construction of a new sewer system for the city or village. Any funds raised from this charge shall be placed in a separate fund and not be used for any other purpose or diverted to any other fund.
Source
Laws 1951, c. 19, § 5, p. 101;
Laws 1957, c. 40, § 3, p. 215;
Laws 1971, LB 883, § 1;
Laws 2021, LB163, § 39.
Annotations
Provision for sewer rental or use charges did not conflict with similar charges authorized for cities of the metropolitan class. Metropolitan Utilities Dist. v. City of Omaha, 171 Neb. 609, 107 N.W.2d 397 (1961).
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-510 - Terms, defined; applicability of sections.

18-510.
Terms, defined; applicability of sections.
The terms sewage system, sewerage system, and disposal plant or plants as used in sections 18-501 to 18-511 are defined to mean and include any system or works above or below ground which has for its purpose any or all of the following: The removal, discharge, conduction, carrying, treatment, purification, or disposal of the liquid and solid waste of a city or village. It is intended that sections 18-501 to 18-512 may be employed in connection with sewage projects which do not include the erection or enlargement of a sewage disposal plant.
Source
Laws 1951, c. 19, § 6, p. 101;
Laws 1995, LB 589, § 2;
Laws 2021, LB163, § 40.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-511 - Sections, how construed.

18-511.
Sections, how construed.
Sections 18-501 to 18-512 shall be construed as independent, supplemental, and in addition to any other laws of the State of Nebraska relating to sewage disposal plants and sewerage systems in cities and villages. Such sections shall not be considered amendatory of or limited by any other provision of the laws of the State of Nebraska.
Source
Laws 1951, c. 19, § 7, p. 101;
Laws 1969, c. 51, § 64, p. 312;
Laws 2021, LB163, § 41.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-512 - Anti-pollution-of-water measures; special levy.

18-512.
Anti-pollution-of-water measures; special levy.
For the purpose of creating a fund out of which anti-pollution-of-water measures may be financed, any city or village in this state is hereby authorized and empowered to make a special levy of not exceeding three and five-tenths cents on each one hundred dollars upon the taxable value of all the taxable property within such city or village, the proceeds of such levy to be used for such measures.
Source
Laws 1955, c. 49, § 1, p. 168;
Laws 1961, c. 37, § 3, p. 164;
Laws 1979, LB 187, § 68;
Laws 1992, LB 719A, § 69;
Laws 1996, LB 1114, § 33;
Laws 2021, LB163, § 42.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-601 - Construction; federal aid; plans; assumption of liability; condemnation procedure.

18-601.
Construction; federal aid; plans; assumption of liability; condemnation procedure.
Any city or village shall have power by ordinance to avail itself of federal funds for the construction within the city or village limits of subways, viaducts, and approaches thereto, over or under railroad tracks, and may authorize agreements with the Department of Transportation to construct such subways or viaducts, which shall be paid for out of funds furnished by the federal government. Such ordinance shall approve detailed plans and specifications for such construction, including a map showing the exact location that such subway or viaduct is to occupy, which shall be kept on file with the city clerk or village clerk and be open to public inspection. The ordinance shall make provision for the assumption of liability and payment of consequential damages to property owners resulting from such proposed construction and payment of damages for property taken therefor. The procedure to condemn property shall be exercised in the manner set forth in sections 76-704 to 76-724.
Source
Laws 1935, Spec. Sess., c. 34, § 1, p. 196;
C.S.Supp.,1941, § 18-901;
R.S.1943, § 18-601;
Laws 1947, c. 47, § 1, p. 166;
Laws 1951, c. 101, § 61, p. 475;
Laws 2017, LB339, § 79;
Laws 2021, LB163, § 43.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-602 - Grade crossing projects; effect on railroads.

18-602.
Grade crossing projects; effect on railroads.
Grade crossing projects within the boundaries of a municipality shall be undertaken on a basis that will impose no involuntary contributions on the affected railroads except as provided by 23 U.S.C. 130(b) and (c), as such sections existed on January 1, 2021, and shall not interfere with the use of present railroad tracks without the consent of such railroads.
Source
Laws 1935, Spec. Sess., c. 34, § 2, p. 197;
C.S.Supp.,1941, § 18-1902;
R.S.1943, § 18-602;
Laws 1947, c. 47, § 2, p. 166;
Laws 2021, LB163, § 44.
Annotations
Where the primary purpose and effect of an improvement is to benefit the public, the improvement is not local though it may incidentally benefit property in the particular locality. Hinman v. Temple, 133 Neb. 268, 274 N.W. 605 (1937).
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-603 - Streets and highways; use.

18-603.
Streets and highways; use.
Any city or village that constructs subways or viaducts as provided in section 18-601 may appropriate an existing street or highway for such subway or viaduct and may acquire, extend, widen, or enlarge any street or highway for such purpose.
Source
Laws 1935, Spec. Sess., c. 34, § 3, p. 197;
C.S.Supp.,1941, § 18-1903;
R.S.1943, § 18-603;
Laws 2021, LB163, § 45.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-604 - Private property; condemnation; ordinance; requirements.

18-604.
Private property; condemnation; ordinance; requirements.
When it becomes necessary to appropriate or damage any private property for the construction of a viaduct or subway as provided in section 18-601, such appropriation shall be made by ordinance. Such ordinance shall be published once each week for three weeks in a legal newspaper published in or of general circulation in such city or village. Such publication shall be sufficient notice to the owners, occupants, and parties interested, and all parties having equitable interests therein.
Source
Laws 1935, Spec. Sess., c. 34, § 4, p. 197;
C.S.Supp.,1941, § 18-1904;
R.S.1943, § 18-604;
Laws 2021, LB163, § 46.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-610 - Bonds; election; notice; failure to approve; effect.

18-610.
Bonds; election; notice; failure to approve; effect.
The original ordinance authorizing construction of subways or viaducts as provided in section 18-601 shall also give notice of an election to authorize issuance of bonds, for such amount as may be necessary to pay for right-of-way and damages. A majority of those voting shall be sufficient to carry authority to issue bonds, as provided in sections 18-610 to 18-612. A failure to approve the issue of bonds shall cancel all proceedings, except that in that event, the city or village shall pay the cost of survey and preparation of plans and specifications that have been filed and may levy a tax for that purpose.
Source
Laws 1935, Spec. Sess., c. 34, § 10, p. 199;
C.S.Supp.,1941, § 18-1910;
R.S.1943, § 18-610;
Laws 1951, c. 101, § 62, p. 476;
Laws 1971, LB 534, § 23;
Laws 2021, LB163, § 47.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-611 - Bonds; terms; payment.

18-611.
Bonds; terms; payment.
Upon approval of the issuance of bonds pursuant to section 18-610, a city or village may, without further vote of the electors, issue negotiable bonds in such amount as may be needed to pay for acquisition, extension, or enlargement of any street or highway, and the amount of damages that may accrue by the appropriation thereof and construction of viaducts or subways pursuant to section 18-601. Such bonds shall draw interest and may be sold at not less than par, shall be payable in annual installments over a period of not to exceed twenty years, and shall be subject to retirement at the option of the city or village at any time after five years. Such bonds shall be payable out of the general fund, and the city or village shall annually make a levy and an appropriation for the payment of interest and the installment of the principal.
Source
Laws 1935, Spec. Sess., c. 34, § 11, p. 199;
C.S.Supp.,1941, § 18-1911;
R.S.1943, § 18-611;
Laws 1969, c. 51, § 65, p. 312;
Laws 2021, LB163, § 48.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-612 - Bonds; vesting of powers.

18-612.
Bonds; vesting of powers.
On the approval of a bond issue pursuant to section 18-610, the mayor and city council or village board of trustees shall be vested with all the powers provided for them in sections 18-601 to 18-614, without such powers having been specifically mentioned in the ordinance authorizing construction of subways and viaducts pursuant to section 18-601.
Source
Laws 1935, Spec. Sess., c. 34, § 12, p. 199;
C.S.Supp.,1941, § 18-1912;
R.S.1943, § 18-612;
Laws 2021, LB163, § 49.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-613 - Department of Transportation; construction contracts authorized.

18-613.
Department of Transportation; construction contracts authorized.
The Department of Transportation shall be authorized to enter into contracts for the construction of viaducts or subways, in accordance with plans and specifications approved under section 18-601, immediately upon the approval by the voters of the issuance of bonds under section 18-610.
Source
Laws 1935, Spec. Sess., c. 34, § 13, p. 199;
C.S.Supp.,1941, § 18-1913;
R.S.1943, § 18-613;
Laws 2017, LB339, § 80;
Laws 2021, LB163, § 50.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-614 - Damages; payment methods.

18-614.
Damages; payment methods.
In lieu of, or in addition to, the issuance of bonds under section 18-610, the city council or village board of trustees may issue warrants for the payment of damages, and levy taxes, if necessary, to provide funds for their payment, or may temporarily borrow any funds in the treasury belonging to any other fund, for the purpose of making the payments required under sections 18-601 to 18-615, restoring such funds within a reasonable time.
Source
Laws 1935, Spec. Sess., c. 34, § 14, p. 200;
C.S.Supp.,1941, § 18-1914;
R.S.1943, § 18-614;
Laws 2021, LB163, § 51.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-615 - Funds; appropriation not required.

18-615.
Funds; appropriation not required.
No previous annual appropriation of funds shall be required as a condition precedent to disbursement of any funds for the purpose of carrying out the objects of section 18-601.
Source
Laws 1935, Spec. Sess., c. 34, § 15, p. 200;
C.S.Supp.,1941, § 18-1915;
R.S.1943, § 18-615.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-617 - Construction; resolution; notice.

18-617.
Construction; resolution; notice.
Whenever the governing body of any city or village within the state believes the construction of a viaduct over or subway under the track or tracks of any railroad within its corporate limits is necessary for the public safety, convenience, and welfare, such governing body shall pass a resolution so declaring. The governing body shall publish a notice of the passage of such resolution six consecutive days in a legal newspaper published in or of general circulation in such city or village or, if there is no such daily legal newspaper, then two consecutive weeks in a weekly legal newspaper published in or of general circulation in such city or village. The notice of the passage of such resolution shall include an exact copy of the resolution.
Source
Laws 1949, c. 28, § 1, p. 103;
Laws 2021, LB163, § 52.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-618 - Construction; contracts and agreements; conditions.

18-618.
Construction; contracts and agreements; conditions.
After the passage and publication of a resolution as provided in section 18-617, a city or village shall have authority to enter into contracts and agreements with any railroad company or companies over or under whose railroad a viaduct or subway is to be constructed providing for the construction and maintenance of such viaduct or subway and for the apportionment of the costs thereof. Such agreement or contract shall not be effective nor shall any work be commenced until after such matter is submitted to a vote of the electors as provided in section 18-623.
Source
Laws 1949, c. 28, § 2, p. 103;
Laws 2021, LB163, § 53.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-619 - Inability to reach agreement; complaint; service; railroad company; duties.

18-619.
Inability to reach agreement; complaint; service; railroad company; duties.
If no agreement can be reached between a city or village and a railroad company or companies for construction or the division of the costs thereof as provided in section 18-618, the city or village shall file a complaint by the city attorney or village attorney with the city clerk or village clerk on behalf of such city or village. The complaint shall allege therein (1) the passage of the resolution referred to in section 18-617, (2) the location of the proposed viaduct or subway, (3) any facts which may show or tend to show why the proposed improvement is necessary for the public safety, convenience, and welfare, and (4) that the city or village and the railroad company or companies are unable to agree as to the construction or the division of the cost thereof and ask the governing body to make an order relative to such construction and apportioning the cost thereof between the railroad company or companies and the city or village. A copy of such complaint shall be served upon the railroad company or companies affected. Thereafter, within a reasonable time to be fixed by the governing body, such railroad company or companies shall file with the city clerk or village clerk plans and specifications for such viaduct or subway requested in such complaint, together with an estimate by such railroad or railroads of the cost of construction and maintenance thereof.
Source
Laws 1949, c. 28, § 3, p. 103;
Laws 2021, LB163, § 54.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-620 - Complaint; hearing.

18-620.
Complaint; hearing.
Upon the filing of a complaint and after the filing of plans and specifications as provided in section 18-619, the governing body shall fix a time for hearing such complaint and give notice thereof to the railroad company or companies. At the time so fixed the governing body shall sit as a board of equalization and assessment and at such hearing shall receive and hear such evidence as may be offered on the question of whether public safety, convenience, and welfare require the construction of such viaduct or subway, whether or not the cost of such viaduct or subway will exceed the benefits to be derived therefrom, and evidence on the question of the extent to which such railroad company or companies and the public will be respectively benefited by the construction of such viaduct or subway.
Source
Laws 1949, c. 28, § 4(1), p. 104;
Laws 2021, LB163, § 55.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-621 - Order; contents; filing; service; dismissal of petition.

18-621.
Order; contents; filing; service; dismissal of petition.
Upon the conclusion of the hearing provided for in section 18-620, the governing body, as a board of equalization, shall make an order determining: (1) Whether or not the construction of the viaduct or subway is necessary for the public safety, convenience, and welfare; (2) whether or not the cost of such viaduct or subway will exceed the benefits to be derived therefrom; and (3) the proportion of the total benefits from the construction of such viaduct or subway to be derived by the public and by the railroad company or companies respectively and shall apportion the cost of construction and maintenance of such viaduct or subway in the proportions found and shall apportion to the city or village and the railroad company or companies respectively such proportion of the cost of construction and maintenance of such viaduct or subway as the governing body shall find the public and railroad company or companies are respectively benefited. Such order shall include the governing body's estimate of the cost of the proposed viaduct or subway including the cost of approaches and damages caused to any property by construction thereof. A copy of such order together with the plans, specifications, and estimates made therein shall be signed by the presiding officer and a majority of the members of the governing body who concur therein, and filed with the city clerk or village clerk and a copy thereof served on the railroad company or companies, parties thereto. If the governing body shall find that construction of such viaduct or subway is not necessary for public safety, convenience, or welfare or that the cost thereof exceeds the benefits to be derived therefrom, it shall dismiss such complaint.
Source
Laws 1949, c. 28, § 4(2), p. 104;
Laws 2021, LB163, § 56.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-622 - Order; appeal; transcript; cost; standard of review.

18-622.
Order; appeal; transcript; cost; standard of review.
If any railroad company is dissatisfied with an order issued as provided in section 18-621, such company may appeal such order to the district court in the county in which such city or village is situated. Such appeal shall be perfected by the railroad company filing, with the city clerk or village clerk of such city or village within ten days after such order is served, a written notice of its intention to appeal. Within twenty days after the filing of such notice of appeal, the city clerk or village clerk shall file with the clerk of the district court of such county a transcript containing the complaint and the order appealed from together with such other documents as may have been filed in such proceedings. The railroad company appealing shall pay to the city clerk or village clerk the cost of preparing such transcript. Upon such appeal the district court, without jury, shall hear and determine de novo all of the issues determined by the governing body except the question of whether or not the construction of such viaduct or subway is necessary for the public safety, convenience, and welfare. The court shall hear and determine such an appeal promptly and speedily, and the court's decision shall be subject to review by appeal or otherwise as other judgments of the district court are reviewable.
Source
Laws 1949, c. 28, § 4(3), p. 105;
Laws 2021, LB163, § 57.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-623 - Construction; approval by electors; ballot; appeal; effect.

18-623.
Construction; approval by electors; ballot; appeal; effect.
The governing body of a city or village shall, after agreeing with a railroad company or companies as provided in section 18-618 or after an order, other than one of dismissal, of the governing body, sitting as a board of equalization as provided in sections 18-620 to 18-622, at the next general election or at a special election called for the purpose, submit to the electors of the city or village the question of whether such city or village and railroad company or companies shall construct and maintain a viaduct or subway in accordance with any agreement made or in accordance with the order of the governing body of such city or village, and whether such city or village shall have the power to levy taxes or borrow money and pledge the property and credit of such city or village upon its negotiable bonds to pay its proportion of all costs connected therewith. The ballot shall contain concise statements, to be prepared by the city attorney or village attorney, of the original ordinance declaring the necessity and, if such viaduct or subway is to be constructed under the provisions of any agreement, a concise statement of the provisions of the agreement or, if it is to be constructed by virtue of an order of the governing body, a concise statement of such order, and in any instance a statement of the estimated amount of the costs of the construction and maintenance of such viaduct or subway, including the cost of acquisition of or damage to property to be borne by such city or village and the method by which the share of such costs of such city or village is to be obtained. The city or village may, at its option, proceed with such election notwithstanding the pendency of any appeal of any railroad company as provided in section 18-622.
Source
Laws 1949, c. 28, § 5, p. 105;
Laws 2021, LB163, § 58.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-624 - Approval by electors; governing body; powers.

18-624.
Approval by electors; governing body; powers.
If a majority of those voting on the proposition of the construction of a viaduct or subway approve such construction by their vote, the governing body of the city or village shall have the power to levy taxes, borrow money, and pledge the property and credit of such city or village upon its negotiable bonds in an amount not exceeding its proportion of the aggregate cost of the construction and maintenance of such viaduct or subway, and to pay for the acquisition of or damage to property by reason of such construction.
Source
Laws 1949, c. 28, § 6, p. 106;
Laws 2021, LB163, § 59.