reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-624 - Improvement districts; creation upon petition; denial; assessments; bonds.

16-624.
Improvement districts; creation upon petition; denial; assessments; bonds.
Whenever the owners of lots or lands abutting upon any street, avenue, or alley within a city of the first class, representing three-fourths of the front footage thereon, so that an improvement district when created will make up one continuous or extended thoroughfare or more, shall petition the mayor and city council to make improvement of such street, avenue, or alley without cost to the city, and to assess the entire cost of any such improvements in any such street, avenue, or alley, including intersections of streets or avenues and spaces opposite alleys, against the private property within such improvement district or districts, it shall be the duty of the mayor and city council to create the proper improvement district or districts, which shall be consecutively numbered, and to improve the same and to proceed in the same manner and form as provided for in other improvement districts. The mayor and city council shall have power to levy the entire cost of such improvements of any such street, avenue, or alley, including intersections of streets or avenues and spaces opposite alleys, against the private property within such district, and to issue Street Improvement Bonds of District No. ..... to pay for such improvements in the same manner and form as provided for in other improvement bonds. Such bonds shall be issued to cover the entire cost of so improving such streets or avenues, intersections of the same, and spaces opposite alleys. If the assessments provided for, or any part thereof, shall fail, or for any reason shall be invalid, the mayor and city council may make other and further assessments upon such lots or lands as may be required to collect from the same the cost of any improvements properly chargeable thereto, as provided in this section. The mayor and city council shall have the discretion to deny the formation of the proposed district when the area to be improved has not previously been improved with a water system, sewer system, and grading of streets. If the mayor and city council should deny a requested improvement district formation, they shall state their grounds for such denial in a written letter to interested parties.
Source
Laws 1901, c. 18, § 48, LV, p. 259;
Laws 1901, c. 19, § 4, p. 307;
Laws 1907, c. 13, § 1, p. 111;
R.S.1913, § 4919;
C.S.1922, § 4087;
Laws 1925, c. 50, § 4, p. 194;
C.S.1929, § 16-616;
Laws 1933, c. 27, § 2, p. 203;
C.S.Supp.,1941, § 16-616;
R.S.1943, § 16-624;
Laws 1967, c. 67, § 7, p. 222;
Laws 1983, LB 125, § 1;
Laws 2016, LB704, § 91;
Laws 2019, LB194, § 39.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-625 - Intersections; improvements; railways; duty to pave right-of-way.

16-625.
Intersections; improvements; railways; duty to pave right-of-way.
The cost of improving the intersections of streets or avenues and spaces opposite alleys in an improvement district, except as specially provided in sections 16-609 to 16-624, shall be paid by the city as provided in sections 16-625 to 16-628. Nothing in sections 16-617 to 16-650 shall be construed to exempt any street or other railway company from improving, with such material as the mayor and city council may order, its whole right-of-way including all space between and one foot beyond the outer rails, at its own cost, whenever any street or avenue shall be ordered improved by the mayor and city council as provided by law. No street or other railway company shall enter upon or occupy any paved street or avenue, within five years after such paving shall have been completed, until it shall pay into the city treasury the original cost of paving between and one foot beyond the outer rails, which sum shall be credited on the special assessment upon the abutted lots. If the special assessment shall have been paid, then the money shall be paid, by warrant, to the party who has already paid such special assessment.
Source
Laws 1901, c. 18, § 48, LV, p. 259;
Laws 1901, c. 19, § 4, p. 307;
Laws 1907, c. 13, § 1, p. 111;
R.S.1913, § 4920;
C.S.1922, § 4088;
Laws 1925, c. 50, § 5, p. 195;
C.S.1929, § 16-617;
R.S.1943, § 16-625;
Laws 1967, c. 67, § 8, p. 223;
Laws 2016, LB704, § 92.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-626 - Intersection improvement bonds; amount; interest; warrants; partial payments; final payment; interest; restrictions on work.

16-626.
Intersection improvement bonds; amount; interest; warrants; partial payments; final payment; interest; restrictions on work.
In a city of the first class, for all 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, the assessment shall be made upon all the taxable property of the city, and for the payment of such improvements, the mayor and city council are hereby authorized to issue improvement bonds of the city in such denominations as they deem proper, to be called Intersection Improvement Bonds, payable in not to exceed twenty years from date of the bonds and to bear interest payable annually or semiannually. Such bonds shall not be issued in excess of the cost of such improvements. For the purpose of making partial payments as the work progresses in making the 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, warrants may be issued by the mayor and city council 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 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 city council, and running until the date that the warrant is tendered to the contractor. Nothing in this section shall be construed as authorizing the mayor and city council to make improvements of any intersections or areas formed by the crossing of streets, avenues, or alleys, unless in connection with one or more blocks of any of aforesaid kinds or forms of street improvement of which the improvement of such intersection or areas shall form a part.
Source
Laws 1901, c. 18, § 48, LV, p. 259;
Laws 1901, c. 19, § 4, p. 307;
Laws 1907, c. 13, § 1, p. 111;
R.S.1913, § 4921;
Laws 1917, c. 96, § 1, p. 259;
C.S.1922, § 4089;
Laws 1923, c. 146, § 1, p. 360;
Laws 1925, c. 50, § 14, p. 201;
C.S.1929, § 16-618;
R.S.1943, § 16-626;
Laws 1965, c. 55, § 1, p. 261;
Laws 1967, c. 67, § 9, p. 223;
Laws 1969, c. 51, § 28, p. 289;
Laws 1974, LB 636, § 1;
Laws 2016, LB704, § 93;
Laws 2019, LB194, § 40.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-627 - Intersections; improvement; cost; tax levy.

16-627.
Intersections; improvement; cost; tax levy.
The cost and expense of improving, constructing, or repairing streets, avenues, alleys, and sidewalks, at their intersections as provided in section 16-626, may be included in the special tax levied for the construction or improvement of any one street, avenue, alley, or sidewalk, as may be deemed best by the city council.
Source
Laws 1901, c. 18, § 75, p. 288;
R.S.1913, § 4922;
C.S.1922, § 4090;
C.S.1929, § 16-619;
R.S.1943, § 16-627;
Laws 1967, c. 67, § 10, p. 224;
Laws 2016, LB704, § 94;
Laws 2019, LB194, § 41.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-628 - Improvements; tax; when due.

16-628.
Improvements; tax; when due.
Special taxes as provided in section 16-627 shall be due and may be collected as the improvements are completed in front of or along or upon any block or piece of ground, or at the time the improvement is entirely completed or otherwise, as shall be provided in the ordinance levying the tax.
Source
Laws 1901, c. 18, § 76, p. 288;
R.S.1913, § 4923;
C.S.1922, § 4091;
C.S.1929, § 16-620;
R.S.1943, § 16-628;
Laws 2016, LB704, § 95.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-629 - Curbs and gutters; authorized; petition; formation of district; bonds.

16-629.
Curbs and gutters; authorized; petition; formation of district; bonds.
In a city of the first class, curbing and guttering shall not be required or ordered to be laid on any street, avenue or alley not ordered to be paved, repaved, graveled or macadamized, except on a petition of the owners of two-thirds of the front footage of property abutting along the line of that portion of the street, avenue or alley which is to be curbed or guttered.
When such petition is presented, a curbing and guttering district shall be formed, which district shall be governed by the provisions of section 16-630. Any bonds issued on account of such district shall be known as Bonds of Curbing and Guttering District No. ........ .
Source
Laws 1901, c. 18, § 48, LV, p. 259;
Laws 1901, c. 19, § 4, p. 307;
Laws 1907, c. 13, § 1, p. 111;
R.S.1913, § 4924;
C.S.1922, § 4092;
Laws 1925, c. 50, § 6, p. 196;
C.S.1929, § 16-621;
R.S.1943, § 16-629;
Laws 1965, c. 56, § 1, p. 263;
Laws 2019, LB194, § 42.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-630 - Curbing and guttering bonds; interest rate; special assessments; how levied.

16-630.
Curbing and guttering bonds; interest rate; special assessments; how levied.
If curbing, or curbing and guttering, is done upon any street, avenue, or alley in any improvement district in a city of the first class in which paving or other such improvement has been ordered, and the mayor and city council shall deem it expedient to do so, the mayor and city council may, for the purpose of paying the cost of such curbing, or curbing and guttering, cause to be issued bonds of the city, to be called Curbing and Guttering Bonds of Improvement District No. ....., payable in not exceeding ten years from date, bearing interest, payable annually or semiannually, with interest coupons attached. In all cases the mayor and city council shall assess at one time as a special assessment the total cost of such curbing, or curbing and guttering, upon the property abutting or adjacent to the portion of the street, avenue, or alley so improved, according to the special benefits. Such special assessments shall become delinquent the same as the special assessments for paving, repaving, graveling, or macadamizing purposes, draw the same rate of interest, be subject to the same penalties, and may be paid in the same manner, as special assessments for such purpose. The special assessment shall constitute a sinking fund for the payment of such bonds and interest, and the bonds shall not be sold for less than their par value.
Source
Laws 1901, c. 18, § 48, LV, p. 267;
Laws 1901, c. 19, § 4, p. 315;
Laws 1907, c. 13, § 1, p. 119;
R.S.1913, § 4925;
Laws 1915, c. 87, § 1, p. 226;
C.S.1922, § 4093;
Laws 1925, c. 50, § 7, p. 196;
C.S.1929, § 16-622;
R.S.1943, § 16-630;
Laws 1945, c. 21, § 1, p. 128;
Laws 1969, c. 51, § 29, p. 290;
Laws 2015, LB361, § 21;
Laws 2016, LB704, § 96;
Laws 2019, LB194, § 43.
Annotations
Under prior act, where street had been reduced to grade, and only limited expense was necessary to complete the work, engineer's estimate, advertisement, etc., for bids was not necessary, and city was permitted to pay for such work out of proper city funds. Hilger v. City of Nebraska City, 97 Neb. 268, 149 N.W. 807 (1914).
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-631 - Curbing and guttering; cost; paving bonds may include; special assessment.

16-631.
Curbing and guttering; cost; paving bonds may include; special assessment.
If an improvement district has been established in a city of the first class, an improvement thereon constructed, and curbing, or curbing and guttering, is therewith constructed and it becomes necessary to issue and sell street improvement bonds to pay for the cost of construction of the improvement and the curbing, or curbing and guttering, the mayor and city council may, at their discretion, include the cost of curbing, or curbing and guttering, with the cost of other improvements in the improvement district, and issue bonds for the combined cost of the improvement and curbing, or curbing and guttering, in any of the districts, naming the bonds Street Improvement Bonds of District No. ........ . The amount of money necessary for the payment of such bonds shall be levied upon and collected from abutting and adjacent property and property specially benefited as a special assessment.
Source
Laws 1915, c. 87, § 1, p. 227;
C.S.1922, § 4093;
Laws 1925, c. 50, § 7, p. 197;
C.S.1929, § 16-622;
R.S.1943, § 16-631;
Laws 1967, c. 67, § 11, p. 224;
Laws 2015, LB361, § 22;
Laws 2016, LB704, § 97;
Laws 2019, LB194, § 44.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-632 - Improvement districts; assessments; when authorized; ordinary repairs excepted.

16-632.
Improvement districts; assessments; when authorized; ordinary repairs excepted.
In order to defray the costs and expenses of improvements in any improvement district in a city of the first class, the mayor and city council shall have power and authority to levy and collect special taxes and assessments upon the lots and pieces of ground adjacent to or abutting upon the street, avenue, alley, or sidewalk, thus in whole or in part improved or repaired or which may be specially benefited by such improvements. The provisions in this section shall not apply to ordinary repairs of streets or alleys, and the cost of such repairs shall be paid out of the road fund. The mayor and city council are authorized to draw warrants against such fund not to exceed eighty-five percent of the amount levied as soon as levy shall be made by the county board.
Source
Laws 1901, c. 18, § 48, LV, p. 259;
Laws 1901, c. 19, § 4, p. 307;
Laws 1907, c. 13, § 1, p. 111;
R.S.1913, § 4926;
C.S.1922, § 4094;
Laws 1925, c. 50, § 8, p. 198;
C.S.1929, § 16-623;
R.S.1943, § 16-632;
Laws 1967, c. 67, § 12, p. 225;
Laws 2016, LB704, § 98;
Laws 2019, LB194, § 45.
Annotations
An unplatted and nonsubdivided tract of land in a city of the first class may be subjected to assessment for special benefits. City of Scottsbluff v. Kennedy, 141 Neb. 728, 4 N.W.2d 878 (1942).
Section refers to proceedings for the creation, opening, and improvements of streets by new construction work, and not to ordinary repairs. Hilger v. City of Nebraska City, 97 Neb. 268, 149 N.W. 807 (1914).
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-633 - Improvements; assessments against public lands.

16-633.
Improvements; assessments against public lands.
If, in any city of the first class, there shall be any real estate belonging to any county, school district, city, village, or other political subdivision abutting upon the street, avenue, or alley whereon paving or other improvements have been ordered, it shall be the duty of the governing body of the political subdivision to pay such special taxes. In the event of the neglect or refusal of such governing body to pay such taxes, or to levy and collect the taxes necessary to pay for such improvements, the city may recover the amount of such special taxes in a proper action. The judgment thus obtained may be enforced in the usual manner, and the signatures of such political subdivisions to all petitions shall have like force and effect as that of other property owners.
Source
Laws 1901, c. 18, § 48, LV, p. 259;
Laws 1901, c. 19, § 4, p. 307;
Laws 1907, c. 13, § 1, p. 111;
R.S.1913, § 4927;
C.S.1922, § 4095;
C.S.1929, § 16-624;
R.S.1943, § 16-633;
Laws 2016, LB704, § 99.
Annotations
Though church property, used exclusively for church purposes, is exempt from general taxation under the Constitution, such property is not exempt from special assessments for local improvements. City of Beatrice v. Brethren Church of Beatrice, 41 Neb. 358, 59 N.W. 932 (1894).
Officers representing state, county, or school districts, may not sign petition for paving on behalf of the property of the district they represent. Von Steen v. City of Beatrice, 36 Neb. 421, 54 N.W. 677 (1893).
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-634 - Improvements; real estate owned by minor or protected person; petition; guardian or conservator may sign.

16-634.
Improvements; real estate owned by minor or protected person; petition; guardian or conservator may sign.
If, in any city of the first class, there shall be any real estate of any minor or protected person, the guardian or conservator of such minor or protected person may sign any petition referred to by law, and such signature shall have like force and effect as that of other property owners.
Source
Laws 1907, c. 13, § 1, p. 111;
R.S.1913, § 4928;
C.S.1922, § 4096;
C.S.1929, § 16-625;
R.S.1943, § 16-634;
Laws 1975, LB 481, § 3;
Laws 2016, LB704, § 100.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-635 - Improvements; terms, defined; depth to which assessable.

16-635.
Improvements; terms, defined; depth to which assessable.
(1) For purposes of sections 16-617 to 16-650:
(a) Lot means a lot as described and designated upon the record plat of any city of the first class, or within a county industrial area as defined in section 13-1111 contiguous to such city. If there is no recorded plat of any such city or county industrial area, lot means a lot as described and designated upon any generally recognized map of any such city or county industrial area; and
(b) Land means any subdivided or unplatted real estate in such city or county industrial area.
(2) If the lots and real estate abutting upon that part of the street ordered improved, as shown upon any recorded plat or map, are not of uniform depth, or, if for any reason, it shall appear just and proper to the mayor and city council, they are authorized and empowered to determine and establish the depth to which such real estate shall be charged and assessed with the costs of the improvements, which shall be determined and established according to the benefits accruing to the property by reason of such improvements. Real estate may be so charged and assessed to a greater depth than lots as shown on any such plat or map.
Source
Laws 1901, c. 18, § 48, LV, p. 259;
Laws 1901, c. 19, § 4, p. 307;
Laws 1907, c. 13, § 1, p. 111;
R.S.1913, § 4929;
C.S.1922, § 4097;
Laws 1925, c. 50, § 9, p. 198;
C.S.1929, § 16-626;
R.S.1943, § 16-635;
Laws 1967, c. 67, § 13, p. 225;
Laws 1969, c. 81, § 3, p. 414;
Laws 2016, LB704, § 101.
Annotations
An unplatted and nonsubdivided tract of land in a city of the first class may be subjected to assessment for special benefits. City of Scottsbluff v. Kennedy, 141 Neb. 728, 4 N.W.2d 878 (1942).
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-636 - Improvement districts; land which city council may include.

16-636.
Improvement districts; land which city council may include.
The mayor and city council may, in their discretion, include all the real estate to be charged and assessed with the cost of such improvements in the improvement districts described in sections 16-617 to 16-635 but are not required to do so. The mayor and city council may, in their discretion, in determining whether the requisite majority of owners who are authorized in sections 16-617 to 16-635 to petition for improvements, and to object to the improvements and to determine the kind of material to be used therefor, have joined in such petition, determination, or objections, consider and take into account all the owners of real estate to be charged and assessed with the cost of any of such improvements, or only such as own lots, parts of lots, and real estate which, in fact, abut upon the part of the street, avenue, or alley proposed to be so improved. This section, in regard to the depth to which real estate may be charged and assessed, shall apply to all special taxes that may be levied by the mayor and city council in any such city in proportion to the front footage.
Source
Laws 1901, c. 18, § 48, LV, p. 259;
Laws 1901, c. 19, § 4, p. 307;
Laws 1907, c. 13, § 1, p. 111;
R.S.1913, § 4930;
Laws 1917, c. 95, § 1, p. 255;
C.S.1922, § 4098;
Laws 1925, c. 50, § 10, p. 199;
C.S.1929, § 16-627;
R.S.1943, § 16-636;
Laws 1967, c. 67, § 14, p. 226;
Laws 2016, LB704, § 102.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-645 - Damages caused by construction; procedure.

16-645.
Damages caused by construction; procedure.
In a city of the first class, all cases of damages arising from the creation or widening of new streets, avenues, or alleys, from the appropriation of property for sewers, parks, parkways, public squares, public heating plants, power plants, gas works, electric light plants, waterworks, or market places, and from change of grade in streets, avenues, or alleys, the damages sustained shall be ascertained and determined as provided 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.
Source
Laws 1901, c. 18, § 53, p. 271;
Laws 1903, c. 19, § 12, p. 243;
R.S.1913, § 4937;
C.S.1922, § 4105;
C.S.1929, § 16-634;
R.S.1943, § 16-645;
Laws 1951, c. 101, § 52, p. 471;
Laws 2002, LB 384, § 23;
Laws 2019, LB194, § 47.
Cross References
Municipal Natural Gas System Condemnation Act, see section 19-4624.
Annotations
Objections as to lack of notice were waived by appeal from award of appraisers. Webber v. City of Scottsbluff, 155 Neb. 48, 50 N.W.2d 533 (1951).
Damage for opening of street was separate cause of action from annexation of territory. City of Alliance v. Cover-Jones Motor Co., 154 Neb. 900, 50 N.W.2d 349 (1951).
The owner has right of appeal from board's decision to the district court. Stuhr v. City of Grand Island, 123 Neb. 369, 243 N.W. 80 (1932), vacated on rehearing, 124 Neb. 285, 246 N.W. 461 (1933).
Property owner is entitled to a jury trial to determine his damages. Grantham v. City of Chadron, 20 F.2d 40 (8th Cir. 1927).
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-646 - Special taxes; lien upon property; collection.

16-646.
Special taxes; lien upon property; collection.
In every case of the levy of special taxes by a city of the first class, the special taxes shall be a lien on the property on which levied from date of levy and shall be due and payable to the city treasurer thirty days after such levy when not otherwise provided. At the time of the next certification for general revenue purposes to the county clerk, if not previously paid, the special taxes, except paving, repaving, graveling, macadamizing, and curbing or curbing and guttering shall be certified to the county clerk, placed upon the tax list, collected as other real estate taxes are collected, and paid over to the city treasurer. Paving, repaving, graveling, macadamizing, and curbing, or curbing and guttering taxes may be so certified and collected by the county treasurer at the option of such city.
Source
Laws 1901, c. 18, § 77, p. 288;
Laws 1903, c. 19, § 14, p. 245;
R.S.1913, § 4938;
Laws 1917, c. 95, § 1, p. 255;
C.S.1922, § 4106;
Laws 1925, c. 50, § 12, p. 200;
C.S.1929, § 16-635;
R.S.1943, § 16-646;
Laws 2016, LB704, § 104;
Laws 2019, LB194, § 48.
Annotations
Special assessment was a lien at time of foreclosure, and could have been included in tax foreclosure proceeding. Dent v. City of North Platte, 148 Neb. 718, 28 N.W.2d 562 (1947).
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-647 - Special taxes; payment by part owner.

16-647.
Special taxes; payment by part owner.
In every case of the levy of special taxes by a city of the first class, it shall be sufficient in any case to describe the lot or piece of ground as it is platted and recorded although the lot or piece of ground belongs to several persons. If any lot or piece of ground belongs to different persons, the owner of any part thereof may pay his or her portion of the tax on such lot or piece of ground, and his or her proper share may be determined by the city treasurer.
Source
Laws 1901, c. 18, § 78, p. 289;
R.S.1913, § 4939;
C.S.1922, § 4107;
C.S.1929, § 16-636;
R.S.1943, § 16-647;
Laws 2016, LB704, § 105;
Laws 2019, LB194, § 49.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-648 - Money from special assessments; how used.

16-648.
Money from special assessments; how used.
All money received from special assessments by a city of the first class may be applied to pay for the improvement for which assessed, or applied to reimburse the fund of the city from which the cost of the improvement may have been made.
Source
Laws 1901, c. 18, § 79, p. 289;
Laws 1903, c. 19, § 15, p. 245;
R.S.1913, § 4940;
C.S.1922, § 4108;
C.S.1929, § 16-637;
R.S.1943, § 16-648;
Laws 2019, LB194, § 50.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-649 - Improvements; contracts; bids; requirement.

16-649.
Improvements; contracts; bids; requirement.
All improvements of any streets, avenues, or alleys in a city of the first class for which, or any part thereof, a special tax shall be levied, shall be done by contract with the lowest responsible bidder to be determined by the city council.
Source
Laws 1901, c. 18, § 74, p. 288;
R.S.1913, § 4941;
C.S.1922, § 4109;
Laws 1925, c. 50, § 13, p. 201;
C.S.1929, § 16-638;
R.S.1943, § 16-649;
Laws 1967, c. 67, § 16, p. 227;
Laws 2016, LB704, § 106;
Laws 2019, LB194, § 51.
Annotations
Engineer may estimate total work and need not do so by item, and where bids are called for on four different kinds of material, and the contract is let for one of the kinds shown in the advertisement for bids, such estimate and advertisement for bids are sufficient. Wurdeman v. City of Columbus, 100 Neb. 134, 158 N.W. 924 (1916).
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-650 - Public improvements; acceptance by city engineer; approval or rejection by city council.

16-650.
Public improvements; acceptance by city engineer; approval or rejection by city council.
When any improvement in a city of the first class is completed according to contract, it shall be the duty of the city engineer to carefully inspect the improvement and if the improvement is found to be properly done, such engineer shall accept the improvement and report his or her acceptance to the board of public works or mayor, who shall report the same to the city council with recommendation that the same be approved or disapproved. The city council may confirm or reject such acceptance. When the ordinance levying the tax makes the same due as the improvement is completed in front of or along any block or piece of ground, the city engineer may accept the same in sections from time to time, if found to be done according to the contract, reporting his or her acceptance as in other cases.
Source
Laws 1901, c. 18, § 66, p. 278;
R.S.1913, § 4942;
C.S.1922, § 4110;
C.S.1929, § 16-639;
R.S.1943, § 16-650;
Laws 2016, LB704, § 107;
Laws 2019, LB194, § 52.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-651 - Grading and grading districts.

16-651.
Grading and grading districts.
Whenever the owners of lots and lands abutting upon any street or alley, or part thereof, within a city of the first class, representing two-thirds of the feet front abutting upon such part of street or alley desired to be graded, shall petition the city council to grade such street or alley, or part thereof, without cost to the city, the mayor and city council shall order the grading done and assess the costs thereof against the property abutting upon such street or alley or such part thereof so graded. For this purpose the mayor and city council shall create suitable grading districts, which shall be consecutively numbered.
Source
Laws 1901, c. 18, § 73, p. 285;
R.S.1913, § 4943;
C.S.1922, § 4111;
C.S.1929, § 16-640;
R.S.1943, § 16-651;
Laws 2016, LB704, § 108;
Laws 2019, LB194, § 53.
Annotations
Petition signed as required is necessary prerequisite. City of South Omaha v. Tighe, 67 Neb. 572, 93 N.W. 946 (1903).
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-652 - Grading; special assessments; when delinquent.

16-652.
Grading; special assessments; when delinquent.
The cost of grading the streets and alleys within a grading district in a city of the first class shall be assessed upon the lots and lands specially benefited thereby in such district in proportion to such benefits, to be determined by the mayor and city council under section 16-615, as a special assessment. The special assessment for grading purposes shall be levied at one time and shall become delinquent as follows: One-fifth of the total amount shall become delinquent in fifty days after such levy; one-fifth in one year; one-fifth in two years; one-fifth in three years; and one-fifth in four years. Each of the installments, except the first, shall draw interest at a rate not to exceed the rate of interest specified in section 45-104.01, as such rate may from time to time be adjusted by the Legislature, from the time of the levy until the installment becomes delinquent. If the installment 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, as in the case of other special assessments. The cost of grading the intersections of streets and spaces opposite alleys in any such district shall be paid by the city out of the general fund of such city.
Source
Laws 1901, c. 18, § 73, p. 286;
R.S.1913, § 4943;
C.S.1922, § 4111;
C.S.1929, § 16-640;
R.S.1943, § 16-652;
Laws 1980, LB 933, § 11;
Laws 1981, LB 167, § 12;
Laws 2015, LB361, § 23;
Laws 2019, LB194, § 54.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-653 - Grading bonds; interest rate.

16-653.
Grading bonds; interest rate.
For the purpose of paying the costs of grading the streets and alleys in a grading district in a city of the first class, exclusive of the intersection of streets and spaces opposite alleys therein, the mayor and city council shall have power, and may, by ordinance, cause to be issued bonds of the city, to be called District Grading Bonds of District No. ....., payable in not exceeding five years from date and to bear interest, payable annually or semiannually, with interest coupons attached, and that as nearly as possible an equal amount of the bonds shall be made to mature each year, and in such case shall also provide that such special taxes and assessments shall constitute a sinking fund for the payment of such bonds and interest. The entire cost of grading any such street or alley properly chargeable to any lots or lands within any such grading district, according to feet front thereof, may be paid by the owner of such lots or lands within fifty days from the levy of such special taxes or assessments. Upon payment, such lot or land shall be exempt from any lien or charge therefor.
Source
Laws 1901, c. 18, § 73, p. 285;
R.S.1913, § 4943;
C.S.1922, § 4111;
C.S.1929, § 16-640;
R.S.1943, § 16-653;
Laws 1945, c. 21, § 2, p. 129;
Laws 1969, c. 51, § 30, p. 290;
Laws 2016, LB704, § 109;
Laws 2019, LB194, § 55.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-654 - Grading upon petition; assessments; bonds.

16-654.
Grading upon petition; assessments; bonds.
Whenever the owner of lots and lands abutting upon any street or avenue, alley, or lane, or part thereof in a city of the first class, representing three-fourths of the feet front abutting upon any such street, avenue, alley, or lane, or part thereof, shall petition the mayor and city council to grade the street, avenue, alley, or lane, including the intersections of streets, avenues, or lanes and spaces opposite alleys and lanes, without cost to the city, and to assess the entire cost of grading such street, avenue, alley, or lane or part thereof, including the intersections of streets, avenues, or lanes and spaces opposite alleys or lanes, against the lots and lands abutting upon such street, avenue, alley, or lane, or part thereof, so graded, thereupon the mayor and city council shall create grading districts, make assessments, issue bonds, and proceed in the same manner as in cases of grading provided in sections 16-651 and 16-653. Bonds shall be issued to cover the entire cost of grading both the streets, avenues, or alleys, and the intersections of streets or avenues and spaces opposite alleys.
Source
Laws 1901, c. 18, § 73, p. 287;
R.S.1913, § 4943;
C.S.1922, § 4111;
C.S.1929, § 16-640;
R.S.1943, § 16-654;
Laws 2016, LB704, § 110;
Laws 2019, LB194, § 56.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-655 - Grading bonds; amount; sale; damages; how ascertained.

16-655.
Grading bonds; amount; sale; damages; how ascertained.
The aggregate amount of bonds issued under sections 16-653 and 16-654 in any one year shall not exceed fifty thousand dollars and shall not be sold for less than their par value. If any assessment or part thereof shall fail or for any reason be invalid, the mayor and city council may make such further assessments upon such lots or lands, as may be required, and collect from the owners the cost of any grading properly chargeable. No street, avenue, alley, or lane shall be so graded until the damages to property owners, if any, shall be ascertained by three disinterested property owners to be appointed by the mayor and city council and the proceedings to be the same in all respects as provided in section 16-615 for cases of change of grade.
Source
Laws 1901, c. 18, § 73, p. 287;
R.S.1913, § 4943;
C.S.1922, § 4111;
C.S.1929, § 16-640;
R.S.1943, § 16-655;
Laws 2016, LB704, § 111.
Annotations
Council is without power to grade or change the grade of a street, including the sidewalk space, until damages are ascertained and paid. Shewell v. City of Nebraska City, 52 Neb. 138, 71 N.W. 952 (1897).
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-661 - Construction and repair; materials.

16-661.
Construction and repair; materials.
The mayor and city council of a city of the first class may construct and repair, or cause and compel the construction and repair, of sidewalks in such city of such material and in such manner as they may deem necessary.
Source
Laws 1901, c. 18, § 48, LV, p. 259;
Laws 1901, c. 19, § 4, p. 307;
Laws 1907, c. 13, § 1, p. 111;
R.S.1913, § 4945;
C.S.1922, § 4114;
C.S.1929, § 16-643;
R.S.1943, § 16-661;
Laws 2016, LB704, § 112;
Laws 2019, LB194, § 57.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-662 - Construction and repair; failure of property owner; power of city.

16-662.
Construction and repair; failure of property owner; power of city.
In case the owner or owners of any lot, lots, or lands abutting on any street or avenue, or part thereof in a city of the first class, shall fail to construct or repair any sidewalk in front of his, her, or their lot, lots, or lands within the time and in the manner as directed and requested by the mayor and city council, after having received due notice to do so, they shall be liable for all damages or injury occasioned by reason of the defective or dangerous condition of any sidewalk, and the mayor and city council shall have power to cause such sidewalk to be constructed or repaired and assess the cost thereof against such property.
Source
Laws 1901, c. 18, § 48, LV, p. 259;
Laws 1901, c. 19, § 4, p. 307;
Laws 1907, c. 13, § 1, p. 111;
R.S.1913, § 4946;
C.S.1922, § 4115;
C.S.1929, § 16-644;
R.S.1943, § 16-662;
Laws 2016, LB704, § 113;
Laws 2019, LB194, § 58.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-663 - Maintenance; snow and ice removal; duty of landowner; violation of ordinance; cause of action for damages.

16-663.
Maintenance; snow and ice removal; duty of landowner; violation of ordinance; cause of action for damages.
The mayor and city council of a city of the first class shall have power to provide for keeping the sidewalks clean and free from obstructions and accumulations of snow, ice, mud, and slush, and may provide for the assessment and collection of taxes on real estate and for the sale and conveyance thereof to pay expenses of keeping the sidewalks adjacent to such real estate clean and free from obstructions and accumulations of snow, ice, mud, and slush, and the mayor and city council shall also have power to provide that the violation of the ordinance relative thereto shall give rise to a cause of action for damages in favor of any person who is injured by the failure or neglect of the owner and occupant of the real estate to comply with the ordinance in question.
Source
Laws 1901, c. 18, § 50, p. 268;
R.S.1913, § 4947;
C.S.1922, § 4116;
C.S.1929, § 16-645;
R.S.1943, § 16-663;
Laws 1963, c. 64, § 1, p. 263;
Laws 2019, LB194, § 59.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-664 - Construction; cost; special assessment; levy; when delinquent; payment.

16-664.
Construction; cost; special assessment; levy; when delinquent; payment.
The mayor and city council of a city of the first class may provide for the laying of permanent sidewalks. Upon the petition of any property owner who desires to build such a permanent sidewalk, the mayor and city council may order the sidewalk to be built, the cost of the sidewalk until paid shall be a perpetual lien upon the real estate along which the property owner desires such sidewalk to be constructed, and the city council may assess and levy the costs of the sidewalk against such real estate as a special assessment. The total cost of the building of the permanent sidewalk shall be levied at one time upon the property along which such permanent sidewalk is to be built, and become delinquent as follows: One-seventh of the total cost shall become delinquent in ten days after such levy; one-seventh in one year; one-seventh in two years; one-seventh in three years; one-seventh in four years; one-seventh in five years; and one-seventh in six years. Each of such installments, except the first, shall draw interest at a rate of 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, from the time of the levy, until the installment becomes delinquent. If the installment 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 as in the case of other special assessments. The city council shall pay for the building of such permanent sidewalk out of the general fund. The mayor and city council may pass an ordinance to carry into effect this section.
Source
Laws 1901, c. 18, § 121, p. 303;
R.S.1913, § 4948;
C.S.1922, § 4117;
C.S.1929, § 16-646;
R.S.1943, § 16-664;
Laws 1963, c. 65, § 1, p. 264;
Laws 1965, c. 57, § 1, p. 264;
Laws 1980, LB 933, § 12;
Laws 1981, LB 167, § 13;
Laws 2015, LB361, § 24;
Laws 2016, LB704, § 114;
Laws 2019, LB194, § 60.
Annotations
Cities of the first class that adopt a "home rule" charter possess no power to remit or cancel interest or penalties on special taxes. Falldorf v. City of Grand Island, 138 Neb. 212, 292 N.W. 598 (1940).
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-665 - Ungraded streets; construction of sidewalks.

16-665.
Ungraded streets; construction of sidewalks.
The mayor and city council of a city of the first class may provide for the laying of permanent sidewalks and of temporary plank sidewalks upon the natural surface of the ground without regard to the grade, on streets not permanently improved, and provide for the assessment of the cost therein on the property in front of which such sidewalks shall be laid.
Source
Laws 1901, c. 18, § 48, VII, p. 246;
R.S.1913, § 4949;
C.S.1922, § 4118;
C.S.1929, § 16-647;
R.S.1943, § 16-665;
Laws 2016, LB704, § 115;
Laws 2019, LB194, § 61.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-666 - Assessments; levy; certification; collection.

16-666.
Assessments; levy; certification; collection.
Assessments made under sections 16-250 and 16-665 shall be made and assessed in the following manner:
(1) Such assessments shall be made by the city council at any meeting by a resolution fixing the costs of the construction or repair of such work along the lot adjacent thereto as a special assessment thereon, the amount charged against the same, which, with the vote thereon by yeas and nays, shall be recorded in 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 a legal newspaper in or of general circulation in the city at least ten days 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 with the cost of notice shall be levied and collected as a special tax, in addition to the taxes for general revenue purposes, subject to the same penalties and collected in like manner as other city taxes, but such special assessment shall draw interest at a rate not to exceed the rate of interest specified in section 45-104.01, as such rate may from time to time be adjusted by the Legislature, and the same shall be certified to the county clerk at the same time as the next certification for general revenue purposes.
Source
Laws 1901, c. 18, § 48, VIII, p. 246;
Laws 1903, c. 19, § 8, p. 240;
R.S.1913, § 4950;
C.S.1922, § 4119;
C.S.1929, § 16-648;
R.S.1943, § 16-666;
Laws 1980, LB 933, § 13;
Laws 1981, LB 167, § 14;
Laws 2016, LB704, § 116.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-667.01 - Prohibit formation of district; procedure.

16-667.01.
Prohibit formation of district; procedure.
Upon formation by city ordinance of sewerage, drainage, and water service districts as described by section 16-667, the city shall mail copies of such city ordinance and this section to the owners of the record title of any property abutting upon the streets, avenues, or alleys, or parts thereof, which are within such district within twenty calendar days of the passage of the ordinance. The owners of the record title representing more than fifty percent of the front footage of the property abutting upon the streets, avenues, or alleys, or parts thereof which are within such a proposed district may, by petition, stop formation of such a district. Such written protest shall be submitted to the city council or city clerk within thirty calendar days after publication of notice concerning the ordinance in a legal newspaper in or of general circulation in the city. Publication of such notice shall follow within ten calendar days after passage of such an ordinance. The mailing notice requirement of this section shall be satisfied by mailing a copy of the ordinance and this section by United States mail to the last-known address of the owners of the record title.
Source
Laws 1901, c. 18, § 48, XXVII, p. 251;
Laws 1905, c. 24, § 1, p. 247;
Laws 1911, c. 14, § 1, p. 129;
Laws 1913, c. 161, § 1, p. 500;
R.S.1913, § 4951;
C.S.1922, § 4120;
C.S.1929, § 16-649;
Laws 1933, c. 136, § 19, p. 528;
C.S.Supp.,1941, § 16-649;
R.S.1943, § 16-667.01;
Laws 1981, LB 31, § 1;
Laws 2016, LB704, § 118.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-667.02 - Districts; formation; sewer, drainage, or water systems and mains; special assessments; use of other funds.

16-667.02.
Districts; formation; sewer, drainage, or water systems and mains; special assessments; use of other funds.
Upon formation of a district as provided in section 16-667.01, the mayor and city council may order sewer, drainage, or water systems and mains to be laid and constructed in such district and the costs, to the extent of the special benefit, assessed against the lots and parcels of real estate in such district. The cost of sewer, drainage, or water systems or mains in excess of collections from special assessments under this section may be paid out of the sewer fund or water fund, or, if money in such fund is insufficient, out of the general fund of the city.
Source
Laws 1977, LB 483, § 2;
Laws 2016, LB704, § 119.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-667.03 - Sewer, drainage, or water systems and mains; failure to make connections; order; costs assessed.

16-667.03.
Sewer, drainage, or water systems and mains; failure to make connections; order; costs assessed.
If, after ten days' notice by certified mail or publication in a legal newspaper in or of general circulation in the city, a property owner fails to make such connections and comply with such regulations as the city council may order in accordance with section 16-667.02, the city council may order such connection be made, and assess the cost thereof against the property so benefited.
Source
Laws 1977, LB 483, § 3;
Laws 2016, LB704, § 120.