reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-567 - Pension board; duties; retirement plan reports.

14-567.
Pension board; duties; retirement plan reports.
(1) Each December 31, for a defined benefit plan the pension board or its designee shall prepare and electronically file an annual report with the Auditor of Public Accounts and the Nebraska Retirement Systems Committee of the Legislature. If such retirement plan is a defined benefit plan which was open to new members on January 1, 2004, the report shall be in addition to the reports required by section 13-2402. The report shall be on a form prescribed by the Auditor of Public Accounts and shall include, but not be limited to, the following information:
(a) The levels of benefits of participants in the plan, the number of members who are eligible for a benefit, the total present value of such members' benefits, and the funding sources which will pay for such benefits; and
(b) A copy of a full actuarial analysis of each such defined benefit plan. The analysis shall be prepared by an independent private organization or public entity employing actuaries who are members in good standing of the American Academy of Actuaries, and which organization or entity has demonstrated expertise to perform this type of analysis and is unrelated to any organization which offers investment advice or provides investment management services to the retirement plan.
(2) The Auditor of Public Accounts may prepare a review of such report pursuant to section 84-304.02 but is not required to do so. If the pension board does not submit a copy of the report to the Auditor of Public Accounts within six months after the end of the plan year, the Auditor of Public Accounts may audit, or cause to be audited, the pension board. All costs of the audit shall be paid by the pension board.
Source
Laws 1998, LB 1191, § 5;
Laws 1999, LB 795, § 3;
Laws 2011, LB474, § 3;
Laws 2014, LB759, § 4;
Laws 2017, LB415, § 3;
Laws 2022, LB800, § 212.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-568 - Municipal bidding procedure; waiver; when.

14-568.
Municipal bidding procedure; waiver; when.
Notwithstanding any home rule charter or statutory provisions or restrictions, any municipal bidding procedure may be waived by the city council of a city of the metropolitan class when required to comply with any federal grant, loan, or program.
Source
Laws 2011, LB335, § 1;
Laws 2022, LB800, § 213.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-601 - Police; appointment; powers and duties of city council.

14-601.
Police; appointment; powers and duties of city council.
The city council of a city of the metropolitan class shall have the power and the duty to appoint a chief of police and all other members of the police force to the extent that funds may be available to pay their salaries and as may be necessary to protect citizens and property and maintain peace and good order.
Source
Laws 1921, c. 116, art. V, § 1, p. 496;
C.S.1922, § 3682;
C.S.1929, § 14-601;
R.S.1943, § 14-601;
Laws 2022, LB800, § 214.
Annotations
Until particular event happens upon which pension is to be paid to police officer, there is no vested right in pension payments. Lickert v. City of Omaha, 144 Neb. 75, 12 N.W.2d 644 (1944).
Provisions of this article are subject to amendment by ordinance adopted by city council and submitted to electors of city of metropolitan class operating under home rule charter. Munch v. Tusa, 140 Neb. 457, 300 N.W. 385 (1941).
Provisions relative to appointment and discharge of fireman are substantially identical with those relating to policeman. Shandy v. City of Omaha, 127 Neb. 406, 255 N.W. 477 (1934).
City is empowered to appoint police officers and require them to give bonds, and persons injured by negligent acts may recover thereon, although bond runs to the city as obligee. Curnyn v. Kinney, 119 Neb. 478, 229 N.W. 894 (1930).
A member of the police department of a metropolitan city is an officer and in the service of a governmental agency of the state. Rooney v. City of Omaha, 104 Neb. 260, 177 N.W. 166 (1920), opinion modified 105 Neb. 447, 181 N.W. 143 (1920).
When policeman of metropolitan city is assigned work outside duties of peace officer, but falling within corporate functions of municipality, he becomes servant thereof in its corporate capacity. Levin v. City of Omaha, 102 Neb. 328, 167 N.W. 214 (1918).
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-602 - Chief of police; duties.

14-602.
Chief of police; duties.
The chief of police of a city of the metropolitan class shall have the supervision and control of the police force of the city. All orders relating to the direction of the police force shall be given through the chief of police or, in the chief's absence, the officer in charge of the police force.
Source
Laws 1921, c. 116, art. V, § 2, p. 496;
C.S.1922, § 3683;
C.S.1929, § 14-602;
R.S.1943, § 14-602;
Laws 2022, LB800, § 215.
Annotations
It is the duty of mayor and chief of police to interfere actively to prevent open violation of law, and compliance may be compelled by mandamus. Moores v. State ex rel. Dunn, 71 Neb. 522, 99 N.W. 249 (1904).
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-603 - Chief of police; jurisdiction for service of process; bail.

14-603.
Chief of police; jurisdiction for service of process; bail.
The chief of police of a city of the metropolitan class shall be the principal ministerial officer of the city. His or her jurisdiction and that of his or her officers in the service of process in all criminal cases and in cases for the violation of city ordinances shall be coextensive with the county. The chief of police or his or her officers shall take bail in all bailable cases for the appearance before the county court of persons under arrest, but such bail shall be subject to the approval of the county court.
Source
Laws 1921, c. 116, art. V, § 3, p. 496;
C.S.1922, § 3684;
C.S.1929, § 14-603;
R.S.1943, § 14-603;
Laws 1972, LB 1032, § 97;
Laws 1984, LB 13, § 2;
Laws 2022, LB800, § 216.
Annotations
Jurisdiction of chief of police is restricted to county in which metropolitan city is located. Barton v. City of Omaha, 180 Neb. 752, 145 N.W.2d 444 (1966).
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-604 - Chief of police; riots; subject to order of mayor; arrest powers.

14-604.
Chief of police; riots; subject to order of mayor; arrest powers.
The chief of police of a city of the metropolitan class shall be subject to the orders of the mayor in the suppression of riots, tumultuous disturbances, and breaches of the peace. He or she may pursue and arrest any person fleeing from justice in any part of the state and shall bring all persons arrested by him or her before the county court for trial or examination. He or she may receive and execute any proper authority for the arrest and detention of criminals fleeing or escaping from other places or states.
Source
Laws 1921, c. 116, art. V, § 4, p. 496;
C.S.1922, § 3685;
C.S.1929, § 14-604;
R.S.1943, § 14-604;
Laws 1972, LB 1032, § 98;
Laws 1984, LB 13, § 3;
Laws 2022, LB800, § 217.
Annotations
This section does not apply to proceedings instituted by complaint for violation of state statutes. Koop v. City of Omaha, 173 Neb. 633, 114 N.W.2d 380 (1962).
It is the duty of the chief of police to interfere for the prevention of public violation of the law, and this duty may be enforced by mandamus. Moores v. State ex rel. Dunn, 71 Neb. 522, 99 N.W. 249 (1904).
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-605 - Chief of police; powers.

14-605.
Chief of police; powers.
The chief of police of a city of the metropolitan class shall have, in the discharge of his or her proper duties, like powers and be subject to like responsibilities as a county sheriff in similar cases.
Source
Laws 1921, c. 116, art. V, § 5, p. 497;
C.S.1922, § 3686;
C.S.1929, § 14-605;
R.S.1943, § 14-605;
Laws 2022, LB800, § 218.
Annotations
The purpose of this section is to give chief of police the same powers and responsibilities to enforce the law as that given to sheriffs; it does not make the chief of police liable for the acts of policemen. Webber v. Andersen, 187 Neb. 9, 187 N.W.2d 290 (1971).
The chief of police has same duty as sheriff to interfere for prevention of public violation of the law. Moores v. State ex rel. Dunn, 71 Neb. 522, 99 N.W. 249 (1904).
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-606 - Police officer; bond; arrest powers.

14-606.
Police officer; bond; arrest powers.
Each police officer of a city of the metropolitan class shall give a bond, shall have the same powers as a county sheriff in arresting all offenders against the laws of the state, and may arrest all offenders against the ordinances of the city with or without a warrant. In discharge of their duties as police officers, they shall be subject to the immediate orders of the chief of police.
Source
Laws 1921, c. 116, art. V, § 6, p. 497;
C.S.1922, § 3687;
C.S.1929, § 14-606;
R.S.1943, § 14-606;
Laws 1988, LB 1030, § 2;
Laws 2022, LB800, § 219.
Annotations
A policeman is an officer who is required to give an official bond, and premium is payable from general funds of the city. Wheeler v. City of Omaha, 111 Neb. 494, 196 N.W. 894 (1924).
Policeman is required to give bond as a public officer. Rooney v. City of Omaha, 104 Neb. 260, 177 N.W. 166 (1920).
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-607 - Police officer; reports; duties.

14-607.
Police officer; reports; duties.
It shall be the duty of police officers of a city of the metropolitan class to report to the chief of police any defect in any sidewalk, street, alley, or other public highway, the existence of ice or dangerous obstructions on the walks or streets, a break in any sewer, any disagreeable odors emanating from inlets to sewers, or any violation of the health laws or ordinances of the city. Suitable forms for making such reports shall be furnished to the chief of police by the city department of public works. Such reports shall be transmitted by the chief of police to the proper officers of the city. In case of any violation of laws or ordinances, the police officer making report shall report the facts to the appropriate prosecuting authority. Such police officers shall also perform such other duties as may be required by ordinance.
Source
Laws 1921, c. 116, art. V, § 7, p. 497;
C.S.1922, § 3688;
C.S.1929, § 14-607;
R.S.1943, § 14-607;
Laws 2014, LB464, § 1;
Laws 2022, LB800, § 220.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-609 - Police; removal.

14-609.
Police; removal.
All members or appointees of the police department of a city of the metropolitan class shall be subject to removal by the city council in the same manner as provided for members of the fire department.
Source
Laws 1921, c. 116, art. V, § 9, p. 499;
C.S.1922, § 3690;
C.S.1929, § 14-609;
R.S.1943, § 14-609;
Laws 2022, LB800, § 221.
Cross References
Removal of firefighters, see section 14-704.
Annotations
All members of police department are subject to removal by city council in the same manner as provided for members of fire department. State ex rel. Sutton v. Towl, 127 Neb. 848, 257 N.W. 263 (1934).
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-702 - Fire department; officers, employees; appointment; criminal history record information check.

14-702.
Fire department; officers, employees; appointment; criminal history record information check.
The city council of a city of the metropolitan class shall employ a chief of the fire department and all other officers, firefighters, and assistants as may be proper and necessary for the effective service of the fire department to the extent and limit that the funds provided by the city council for that purpose will allow. Each fire department applicant shall, as a condition of employment, submit to the city a full set of his or her fingerprints along with written permission authorizing the city to forward the set of fingerprints to the Federal Bureau of Investigation, through either the Nebraska State Patrol or the city police department, to facilitate a check of his or her criminal history record information by the Identification Division of the Federal Bureau of Investigation. The fingerprint check provided for in this section shall be solely for the purpose of confirming information provided by the fire department applicant.
Source
Laws 1921, c. 116, art. VI, § 5, p. 506;
C.S.1922, § 3706;
C.S.1929, § 14-706;
R.S.1943, § 14-702;
Laws 1994, LB 1025, § 1;
Laws 2022, LB800, § 222.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-704 - Fire department; officers; removal; causes; procedure.

14-704.
Fire department; officers; removal; causes; procedure.
(1) All members or appointees of the fire department of a city of the metropolitan class shall be subject to removal by the city council under such rules and regulations as may be adopted, and whenever the city council shall consider and declare such removal necessary for the proper management or discipline, or for the more effective working or service of the fire department.
(2) No member or officer of the fire department shall be discharged for political reasons, nor shall a person be employed by such department for political reasons.
(3) Before a firefighter can be discharged, charges must be filed against such firefighter before the city council and a hearing had on such charges, and an opportunity given such firefighter to defend against such charges, but this provision shall not be construed to prevent peremptory suspension of such member by such member's superiors in case of misconduct or neglect of duty or disobedience to orders. Whenever any such suspension is made, charges shall be at once filed before the city council by the person ordering such suspension, and a trial had on such charges.
(4) The city council shall have the power to enforce the attendance of witnesses and the production of books and papers, and to administer oaths to such witnesses in the same manner and with like effect and under the same penalties as in the case of magistrates exercising civil and criminal jurisdiction under the statutes of the State of Nebraska. The city council shall have such other powers and perform such other duties as may be authorized or defined by ordinance.
Source
Laws 1921, c. 116, art. VI, § 6, p. 506;
C.S.1922, § 3707;
C.S.1929, § 14-707;
R.S.1943, § 14-704;
Laws 2022, LB800, § 223.
Annotations
Dismissal is necessary when the employee lacks the qualifications of the position, fails in the performance of his duties, or has been shown to be an unfit or improper person to hold the position. Lewis v. City of Omaha, 153 Neb. 11, 43 N.W.2d 419 (1950).
This section makes members of fire department subject to removal by city council under conditions specified herein. State ex rel. Sutton v. Towl, 127 Neb. 848, 257 N.W. 263 (1934).
Members of police or fire department may be discharged on economic grounds without notice of hearing. State ex rel. Gieseke v. Moores, 63 Neb. 301, 88 N.W. 490 (1901); Moores v. State ex rel. Shoop, 54 Neb. 486, 74 N.W. 823 (1898).
Passage of resolution abolishing office and notification of incumbent that his services were no longer needed is sufficient to constitute discharge of officer. Moores v. State ex rel. Cox, 4 Neb. Unof. 235, 93 N.W. 986 (1903).
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-709 - Authorized arson investigator; classified as a peace officer; when; powers.

14-709.
Authorized arson investigator; classified as a peace officer; when; powers.
(1) Any person who is a sworn member of an organized and paid fire department of any city of the metropolitan class and who is an authorized arson investigator for such city in order to determine the cause, origin, and circumstances of fires shall be classified as a peace officer while on duty and in the course of any such investigation. Such person shall possess the same powers of arrest, search, seizure, and the securing and service of warrants as police officers of such city.
(2) While on duty and in the course of any such investigation, an arson investigator may carry such weapons as may be necessary but only if such investigator has satisfactorily completed a training program offered or approved by the Nebraska Police Standards Advisory Council or equivalent training offered by such city and certified by the city council. Such training need not include exposure to vehicle and traffic law, traffic control and accident investigation, or first aid.
(3) An arson investigator shall, in addition to having been an active member of an organized fire department for a minimum of six years, meet the minimum qualifications and training standards established by the city for all firefighters.
(4) Any arson investigator granted the powers enumerated in this section may exercise such powers only while on duty and during the course of investigating the cause, origin, and circumstances of a fire.
Source
Laws 1981, LB 205, § 1;
Laws 1994, LB 971, § 1;
Laws 2022, LB800, § 224.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-805 - Claims; disallowance; notice.

14-805.
Claims; disallowance; notice.
Upon the rejection or disallowance of any claim against a city of the metropolitan class, it shall be the duty of the city clerk to notify the claimant or the claimant's agent or attorney of such fact, unless such notice is waived in writing. Such notice may be served by any person authorized by the city clerk and must be served within ten days from the rejection of such claim. The notice and return of such notice shall be filed with the city clerk.
Source
Laws 1921, c. 116, art. VII, § 5, p. 510;
C.S.1922, § 3713;
C.S.1929, § 14-805;
R.S.1943, § 14-805;
Laws 2022, LB800, § 226.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-806 - Claims; time limit for allowing; payment prohibited, when.

14-806.
Claims; time limit for allowing; payment prohibited, when.
No bill or claim for labor, salary, or material, or for extra service or overtime or account of any kind against a city of the metropolitan class, after such bill or claim has been adversely reported on and rejected by the city, and no bill, account, or claim, not presented or claimed within eighteen months after such bill, account, or claim was incurred and payable, shall be allowed or authorized to be paid by the mayor and city council except through the judgment of a court of competent jurisdiction. These provisions shall apply equally to any modification of the same account in whatever form such account may be presented.
Source
Laws 1921, c. 116, art. VII, § 6, p. 510;
C.S.1922, § 3714;
C.S.1929, § 14-806;
R.S.1943, § 14-806;
Laws 2022, LB800, § 227.
Annotations
This section operates as a statute of limitations for wage claims against a city of the metropolitan class. Under this section, an administration may pay a timely wage claim rejected by a prior administration if ordered to do so by a court. Thompson v. City of Omaha, 235 Neb. 346, 455 N.W.2d 538 (1990).
This section is a limitation upon the power and jurisdiction of the council itself. Redell v. City of Omaha, 80 Neb. 178, 113 N.W. 1054 (1907).
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-807 - Property damage assessments; appeal; exclusive remedy; effect.

14-807.
Property damage assessments; appeal; exclusive remedy; effect.
In all cases of damage arising under the provisions of sections 14-101 to 14-2004, the party or parties whose property is damaged or sought to be taken by the provisions of such sections shall have the right to appeal from such assessment of damages, but such appeal shall not delay the appropriation of the property sought to be taken, delay the improvement proposed, or retard the change of grade sought to be made. In no case shall a city of the metropolitan class be liable for the costs or interest on such appeal, unless the party appealing shall be adjudged entitled, upon the appeal, to a greater amount of damage than was awarded. The remedy by appeal allowed by this section shall be exclusive.
Source
Laws 1921, c. 116, art. VII, § 7, p. 510;
C.S.1922, § 3715;
C.S.1929, § 14-807;
R.S.1943, § 14-807;
Laws 2022, LB800, § 228.
Annotations
Owner failing to appeal from special assessment is estopped to question same unless council without jurisdiction. Burkley v. City of Omaha, 102 Neb. 308, 167 N.W. 72 (1918).
It is necessary to the taking of an appeal that petition be filed in the district court within thirty days after the final order of the council assessing damages. Creighton University v. City of Omaha, 91 Neb. 486, 136 N.W. 829 (1912).
Damages need not be definitely fixed and ascertained before the appropriation of property, as act expressly provides that appeal shall not delay the taking, and until the appeal is determined, the amount of damages involved is a matter of conjecture. City of Omaha v. State ex rel. Metzger, 69 Neb. 29, 94 N.W. 979 (1903).
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-808 - Corporate name; process; service upon city.

14-808.
Corporate name; process; service upon city.
The corporate name of each city of the metropolitan class shall be The City of .................., and all process or notice whatever affecting any such city shall be served in the manner provided for service of a summons in a civil action.
Source
Laws 1921, c. 116, art. VII, § 8, p. 511;
C.S.1922, § 3716;
C.S.1929, § 14-808;
R.S.1943, § 14-808;
Laws 1983, LB 447, § 3;
Laws 2022, LB800, § 229.
Annotations
Notice must be in writing and be served on mayor or acting mayor or in their absence from city, upon city clerk. Gordon v. City of Omaha, 77 Neb. 556, 110 N.W. 313 (1906).
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-809 - Actions; intervention; waiver of service; confession of judgment; power of city attorney.

14-809.
Actions; intervention; waiver of service; confession of judgment; power of city attorney.
The city attorney of a city of the metropolitan class shall have the power to:
(1) Intervene in any suit or proceeding when the rights of the city are involved or where the city is a proper party;
(2) Waive the issuance and service of summons and may enter a voluntary appearance when in the city attorney's opinion the interests of the city may require it; and
(3) Confess judgment, but only when authorized by the city council.
Source
Laws 1921, c. 116, art. VII, § 9, p. 511;
C.S.1922, § 3717;
C.S.1929, § 14-809;
R.S.1943, § 14-809;
Laws 2022, LB800, § 230.
Annotations
Nebraska private citizens cannot maintain action under Clayton Act for alleged injury to municipality arising from alleged Sherman Act violations. Cosentino v. Carver-Greenfield Corp., 433 F.2d 1274 (8th Cir. 1970).
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-810 - Actions; failure of city to defend; right of taxpayer; costs.

14-810.
Actions; failure of city to defend; right of taxpayer; costs.
If a city of the metropolitan class shall refuse or neglect to defend any suit at law or in equity brought against such city, any resident taxpayer may defend such suit on behalf of such city at the cost of the city, not including attorney's fees.
Source
Laws 1921, c. 116, art. VII, § 10, p. 511;
C.S.1922, § 3718;
C.S.1929, § 14-810;
R.S.1943, § 14-810;
Laws 2022, LB800, § 231.
Annotations
Resident taxpayer may commence and prosecute to judgment an equitable action for enforcement of a claim on behalf of city which its officers have refused to enforce. Pedersen v. Westroads, Inc., 189 Neb. 236, 202 N.W.2d 198 (1972).
If the city neglects or refuses to defend an action, a resident taxpayer may do so on behalf of the city. Lynch v. City of Omaha, 153 Neb. 147, 43 N.W.2d 589 (1950).
Where duly constituted representatives of city refuse or neglect to defend action, resident taxpayer may defend at cost of city, not including attorney's fees. Ash v. City of Omaha, 152 Neb. 393, 41 N.W.2d 386 (1950).
Where taxpayer with notice fails to appeal, he cannot thereafter bring injunction. Morse v. City of Omaha, 67 Neb. 426, 93 N.W. 734 (1903).
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-811 - Franchises; grant; modification; procedure; notice; election.

14-811.
Franchises; grant; modification; procedure; notice; election.
Any ordinance or resolution granting, extending, changing, or modifying the terms and conditions of a franchise in a city of the metropolitan class shall not be passed until at least four weeks have elapsed after its introduction or proposal, and not until such resolution or ordinance has been published daily for at least two weeks in the official newspaper of the city. Such ordinance or resolution shall not become effective or binding until submitted to the electors and approved by a majority vote of such electors. Submission to the electors shall be made as provided in section 14-202. A new franchise shall not hereafter be granted or any modification or extension of any existing franchise made unless an annuity or royalty be provided and reserved to the city to be based either upon a fixed reasonable amount per year or a fixed percentage of the earnings under the operation of the franchise so granted, and not then until such franchise has been submitted to a vote and approved by the electors at a general city election or special election called for that purpose.
Source
Laws 1921, c. 116, art. VII, § 11, p. 511;
C.S.1922, § 3719;
C.S.1929, § 14-811;
R.S.1943, § 14-811;
Laws 2022, LB800, § 232.
Annotations
The power granted by section 18-2204 to the city to levy by ordinance an occupation tax upon community antenna television service is a special statute which takes precedence over the general provisions of this section requiring submission of a franchise annuity or royalty to the electorate. Hall v. Cox Cable of Omaha, Inc., 212 Neb. 887, 327 N.W.2d 595 (1982).
A lease-purchase agreement relating to financing of a waste disposal plant and authorized by section 14-365.05 is not a franchise that violates this section. Cosentino v. City of Omaha, 186 Neb. 407, 183 N.W.2d 475 (1971).
Defendant's use of streets in supplying steam and chilled water for purposes of heating and air conditioning did not require granting of franchise. Dunmar Inv. Co. v. Northern Nat. Gas Co., 185 Neb. 400, 176 N.W.2d 4 (1970).
State Railway Commission may regulate operation of taxicab company in Omaha. In re Yellow Cab & Baggage Co., 126 Neb. 138, 253 N.W. 80 (1934).
A permit to operate auto buses on streets of a city is not a franchise, and need not be submitted to a vote of the people. Omaha & Council Bluffs St. Ry. Co. v. City of Omaha, 114 Neb. 483, 208 N.W. 123 (1926).
Taxpayer cannot maintain suit to enjoin city from granting franchise to telephone company unless taxation will be increased thereby. Clark v. Interstate Independent Telephone Co., 72 Neb. 883, 101 N.W. 977 (1904).
Ordinance extending time for purchase of plant of water company is an extension of a franchise and must be submitted to popular vote. Poppleton v. Moores, 62 Neb. 851, 88 N.W. 128 (1901), affirmed on rehearing, 67 Neb. 388, 93 N.W. 747 (1903).
Ordinance or resolutions for building sidewalks should be published. Ives v. Irey, 51 Neb. 136, 70 N.W. 961 (1897).
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-812 - City property; exemption from taxation, execution; judgments, how paid.

14-812.
City property; exemption from taxation, execution; judgments, how paid.
Lands, houses, money, debts due to a city of the metropolitan class, property, and assets of every description belonging to any such city, shall be exempt from taxation, execution, and sale. Judgments against such city shall be paid out of the judgment fund, or out of a special fund created for such purpose.
Source
Laws 1921, c. 116, art. VII, § 12, p. 512;
C.S.1922, § 3720;
C.S.1929, § 14-812;
R.S.1943, § 14-812;
Laws 2022, LB800, § 233.
Cross References
Constitutional provisions:
For constitutional provisions, see Article VIII, section 2, Constitution of Nebraska.
Annotations
Municipal waterworks of Omaha is not taxable. City of Omaha v. Douglas County, 96 Neb. 865, 148 N.W. 938 (1914).
Term "special fund" refers to a levy made for payment of specific judgments when general levy is insufficient. City of Omaha v. State ex rel. Metzger, 69 Neb. 29, 94 N.W. 979 (1903).
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-814 - Utilities district; torts or obligations; exemption of city from liability.

14-814.
Utilities district; torts or obligations; exemption of city from liability.
A city of the metropolitan class shall not be liable for any tort or act of negligence of the metropolitan utilities district or of any other utility board or body with full and independent powers of control, or for torts or acts of negligence of any of the officers or employees of such metropolitan utilities district or other board or body which may in any way result from, grow out of, or be connected with the maintenance, management, control, or operation of any water system or plant, any gas system or plant, or any other public utility system or plant which the city may acquire or own but which has been placed in the control of and is maintained and operated by any such metropolitan utilities district or other board or body. The city shall not be liable for the debts and obligations of any such metropolitan utilities district or other board or body incurred in connection with or in any way pertaining to the maintenance, management, control, or operation of any such plant or system by such district, board, or body of control with full authority over the revenue and earnings of such system or plant.
Source
Laws 1921, c. 116, art. VII, § 14, p. 512;
C.S.1922, § 3722;
C.S.1929, § 14-814;
R.S.1943, § 14-814;
Laws 1992, LB 746, § 61;
Laws 2022, LB800, § 235.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-815 - Utilities district; powers and duties exclusive.

14-815.
Utilities district; powers and duties exclusive.
Nothing in sections 14-101 to 14-138, 14-201 to 14-229, 14-360 to 14-376, 14-501 to 14-556, 14-601 to 14-609, 14-702, 14-704, and 14-804 to 14-816 shall be construed so as to interfere with the powers, duties, authority, and privileges that are conferred and imposed upon the metropolitan utilities district as prescribed by law, but all matters relating to the powers, duties, authority, and privileges of such metropolitan utilities district so far as elsewhere conferred, imposed, and defined by law shall be exclusive and paramount.
Source
Laws 1921, c. 116, art. VII, § 14 1/2, p. 513;
C.S.1922, § 3723;
C.S.1929, § 14-815;
R.S.1943, § 14-815;
Laws 1992, LB 746, § 62.
Annotations
The Metropolitan Utilities District has exclusive authority over the routine inspection of gas furnaces, and this authority is not shared with the City of Omaha. McNally v. City of Omaha, 273 Neb. 558, 731 N.W.2d 573 (2007).
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-816 - City records; inspection; reports of city officers.

14-816.
City records; inspection; reports of city officers.
All citizens of this state and other persons interested in the examination of the records kept by any officer of a city of the metropolitan class, are authorized to examine such records free of charge during the hours the respective offices may be kept open for the ordinary transaction of business. The city council shall have the power to require from any officer of the city at any time a report in detail of the transactions in such person's office, or any matter connected with such transactions.
Source
Laws 1921, c. 116, art. VII, § 15, p. 513;
C.S.1922, § 3724;
C.S.1929, § 14-816;
R.S.1943, § 14-816;
Laws 2022, LB800, § 236.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-817 - Bond; cost, appeal, supersedeas, injunction, attachment; when not required.

14-817.
Bond; cost, appeal, supersedeas, injunction, attachment; when not required.
No bond for cost, appeal, supersedeas, injunction, or attachment shall be required of any city of the metropolitan class or of any officer, board, commission, head of any department, agent, or employee of any such city in any proceeding or court action in which such city of the metropolitan class or its officer, board, commission, head of department, agent, or employee is a party litigant in such person's or entity's official capacity.
Source
Laws 1961, c. 31, § 1, p. 151;
Laws 2022, LB800, § 237.
Annotations
An appeal by a party described in this section operates as a supersedeas of a lower court judgment. Cummings Enterprises v. Shukert, 231 Neb. 370, 436 N.W.2d 199 (1989).
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-818 - Paunch manure, rendering, or sewage plant; refuse area; establish; residential area; restriction.

14-818.
Paunch manure, rendering, or sewage plant; refuse area; establish; residential area; restriction.
After July 19, 1980, no person shall establish a paunch manure, rendering, or sewage treatment plant or facility, or an area where refuse, garbage, or rubbish is disposed of within three thousand three hundred feet of a residential area in a city of the metropolitan class. For purposes of this section, residential area means an area designated as residential under the zoning ordinances of such city.
Source
Laws 1980, LB 853, § 15;
Laws 2022, LB800, § 238.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-1201 - Bridges; acquisition; construction; maintenance; operation; powers of city; jurisdiction; exercise of powers.

14-1201.
Bridges; acquisition; construction; maintenance; operation; powers of city; jurisdiction; exercise of powers.
(1) Any city of the metropolitan class, including one governed under a home rule charter, is authorized and empowered to:
(a) Acquire by purchase, condemnation, bargain and sale, lease, sublease, gift or otherwise, any bridge or viaduct, including approaches and avenues, rights-of-way, or easements of access to approaches, necessary real and personal property incident to such bridges or viaducts, and franchises, special privileges, leases, and contracts in connection with such bridges or viaducts;
(b) Construct and contract for the construction of bridges or viaducts, including all appurtenances to such bridges or viaducts, facilities, and property; and
(c) Repair, maintain, extend, renew, reconstruct, replace, enlarge, mortgage or lease, and to use and operate any such bridges or viaducts as toll or free bridges, either or both from time to time for public use and travel of all kinds by railroads, street railways, bus lines, vehicles, and pedestrians, and other uses, any or all as may be determined by the city council.
(2) The city may use such bridges or viaducts for public utility purposes, and fix the rates of toll or the charges for the use of such bridges or viaducts, and grant nonexclusive franchises for use of such bridges or viaducts for public utility purposes upon such terms and conditions as may be prescribed by ordinance.
(3) The city may exercise all such powers within the city limits and five miles outside the city limits within the State of Nebraska, and any adjoining state, and across any navigable or nonnavigable stream forming the boundary between such states after having obtained authority, if any be necessary, from such states and from the United States.
(4) The city may exercise such powers directly through the city council or any committee of the city council or through a bridge commission created as provided in sections 14-1227 and 14-1244 to 14-1246, or part any one and part any other.
Source
Laws 1929, c. 176, § 1, p. 608;
C.S.1929, § 14-1201;
R.S.1943, § 14-1201;
Laws 2022, LB800, § 239.
Annotations
Right of city of Omaha to construct bridge across Missouri River and issue revenue bonds payable from bridge tolls upheld. Kirby v. Omaha Bridge Commission, 127 Neb. 382, 255 N.W. 776 (1934).
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-1202 - Bridges; powers; joint action authorized.

14-1202.
Bridges; powers; joint action authorized.
Any power granted by sections 14-1201 to 14-1252 to a city of the metropolitan class may be exercised by the city independently or in cooperation with or aid of similar action by any other city or any county in Nebraska, any city or county in an adjoining state, the State of Nebraska, any adjoining state, or the government of the United States, when such other political unit has been authorized by law to exercise the necessary powers. Such joint action may be directly by the city council through the medium of a joint bridge commission subject to the same conditions provided in such sections for independent action.
Source
Laws 1929, c. 176, § 2, p. 609;
C.S.1929, § 14-1202;
R.S.1943, § 14-1202;
Laws 2022, LB800, § 240.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-1203 - Bridges; utility franchises; power to grant.

14-1203.
Bridges; utility franchises; power to grant.
A city of the metropolitan class, through its city council, is authorized and empowered to grant franchises for the nonexclusive use of bridges acquired under sections 14-1201 to 14-1252 to public utilities upon such terms, conditions, and for such consideration as such city may impose, whether incident to or part of the purchase of an existing bridge and rights of utilities in connection with such bridge, or otherwise, and to extend the duration or to amend the terms and conditions of such franchise. In the case of interstate bridges, any such grant shall be made by the city council by ordinance and no vote of the electors of the city shall be required. In no case shall such a grant be made by any bridge commission.
Source
Laws 1929, c. 176, § 3, p. 609;
C.S.1929, § 14-1203;
R.S.1943, § 14-1203;
Laws 2022, LB800, § 241.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-1204 - Bridges; conveyance to state or United States for free bridge; conditions.

14-1204.
Bridges; conveyance to state or United States for free bridge; conditions.
In the event that the State of Nebraska, an adjoining state, the government of the United States, either, any or all of them, should agree to take over any bridge acquired by a city of the metropolitan class or in course of construction under sections 14-1201 to 14-1252 and thereafter maintain and operate such bridge as a free bridge at its or their expense, then such city is authorized to convey such bridge on such conditions to such party or parties. Such conveyance shall not be made unless and until all outstanding bonds issued to finance the bridge have been paid and canceled.
Source
Laws 1929, c. 176, § 4, p. 609;
C.S.1929, § 14-1204;
R.S.1943, § 14-1204;
Laws 2022, LB800, § 242.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-1205 - Bridges; acquisition; construction; power may be assigned; conditions.

14-1205.
Bridges; acquisition; construction; power may be assigned; conditions.
(1) Any city of the metropolitan class may grant the exclusive right to purchase an existing bridge or to construct a new bridge, and to maintain any such bridge within a distance not exceeding one mile on each side of the bridge to be so purchased or constructed, for the period necessary to reimburse cost plus not exceeding eight percent of such cost for financing charges, together with interest upon such cost and charges, but in no event to exceed ten years, subject to the condition that at the termination of such period, such bridge shall become the sole property of the public and thereafter be maintained and operated by the city as a toll or free bridge as such city may determine from time to time in harmony with the other provisions of sections 14-1201 to 14-1252 and the laws of the United States.
(2) Such grant shall be made in the same manner and subject to the same conditions as may be provided in the home rule charter of such city for the granting of franchises. Any such grant or assignment shall by operation of law be subject to the following conditions:
(a) The number of officers and employees and the salaries, wages, and compensation of such officers and employees shall be reasonable;
(b) No person shall be permitted free use of the bridge or use at discriminatory toll;
(c) Tolls shall be both adequate to hasten payment for the bridge and reasonable to the public;
(d) Financing costs shall be reasonable and the city may impose requirements and safeguards as to the conservation of funds and insurance of property;
(e) Complete statements of operations and finances shall be filed with the city clerk on bond interest dates upon completion of the bridge and upon delivery of such bridge to the city; and
(f) The city shall have power to require or itself perform audits and examine the books and call for any reports at any time.
(3) The city may enforce these obligations in any court of competent jurisdiction.
(4) Any such assignment shall by operation of law be subject to the conditions that the plans and specifications, the location, size, type, and method of construction, the boundaries and approaches and the estimates of cost of construction and acquisition shall first be submitted to the city council and receive approval before any construction may commence or any contract for construction or for financing such construction be entered into.
Source
Laws 1929, c. 176, § 5, p. 609;
C.S.1929, § 14-1205;
R.S.1943, § 14-1205;
Laws 2022, LB800, § 243.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-1207 - Bridges; right of eminent domain; procedure.

14-1207.
Bridges; right of eminent domain; procedure.
If any city of the metropolitan class desires to acquire any existing bridge or lease of such bridge or all interests in such bridge by the exercise of the power of eminent domain, and has received any such authority as necessary from the government of the United States, such city may exercise such power in such manner as Congress may require. If the manner is not prescribed by Congress, the procedure to condemn property shall be exercised in the manner set forth in sections 76-704 to 76-724.
Source
Laws 1929, c. 176, § 7, p. 614;
C.S.1929, § 14-1207;
Laws 1935, c. 28, § 2, p. 124;
C.S.Supp.,1941, § 14-1207;
R.S.1943, § 14-1207;
Laws 1951, c. 101, § 39, p. 463;
Laws 2022, LB800, § 245.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-1211 - Bridges; condemnation; award; submission to electors.

14-1211.
Bridges; condemnation; award; submission to electors.
(1) Within ninety days after a final condemnation award pursuant to section 14-1207 has been made, the city council of such city of the metropolitan class shall, if such city council elects to proceed further, introduce an ordinance providing for the submission to the electors of the city the question whether such award shall be confirmed and the property be taken and bonds of the kind or kinds determined by the city council, and stated upon the ballot, shall be issued in the amount of the award.
(2) Such proposition shall be submitted within ninety days after the ordinance becomes effective at a special election called for that purpose or at any general city or state election, and shall be carried if a majority of the electors voting on such proposition shall vote in favor of such proposition.
(3) No election and no vote of electors shall be required upon the question of acquiring by condemnation any bridge or issuing revenue bonds as authorized by section 14-1217 for the acquisition by condemnation of any existing bridge, if the city council determines by a vote of a majority of its members to dispense with such election or vote of electors as to such question.
Source
Laws 1929, c. 176, § 7, p. 615;
C.S.1929, § 14-1207;
Laws 1935, c. 28, § 2, p. 126;
C.S.Supp.,1941, § 14-1207;
R.S.1943, § 14-1211;
Laws 1951, c. 101, § 40, p. 464;
Laws 2022, LB800, § 246.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-1212 - Bridges; condemnation; award; payment; vesting of title.

14-1212.
Bridges; condemnation; award; payment; vesting of title.
If a proposition is carried pursuant to section 14-1211, or if the city council of a city of the metropolitan class determines to dispense with such election, title to the property to be appropriated shall at once vest in such city, and the right to possession shall vest in such city as soon as money in the amount of such award is on deposit with the county judge.
Source
Laws 1929, c. 176, § 7, p. 616;
C.S.1929, § 14-1207;
Laws 1935, c. 28, § 2, p. 126;
C.S.Supp.,1941, § 14-1207;
R.S.1943, § 14-1212;
Laws 1961, c. 370, § 1, p. 1144;
Laws 2022, LB800, § 247.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-1215 - Bridges; acquisition; preliminary expenses; bonds; amount.

14-1215.
Bridges; acquisition; preliminary expenses; bonds; amount.
(1) Notwithstanding any limitation or requirement contained in the city home rule charter of a city of the metropolitan class or imposed by other laws upon the limit of indebtedness, the issuance of bonds, the vote of the electors, or the exercise of the power of eminent domain in or by such city, the city council of such city may issue general obligation bonds to the amount of fifty thousand dollars, or any part thereof, in any one calendar year, to finance preliminary work, including investigation, soundings, employment of engineers and architects, and any other useful work, or appropriate expenses in connection with the proposed acquisition or construction of any bridge, bridges, or viaducts, and the preliminary financing of such bridges or viaducts.
(2) Such bonds shall be short-term bonds not to exceed three years, redeemable at par on any semiannual interest date upon ten days' notice by publication once in the official newspaper, and may be sold at a discount of not more than two percent. The proceeds of the sale of such bonds may be advanced by the city council to a bridge commission created as provided in sections 14-1227 and 14-1244 to 14-1246, to be expended by such commission in preliminary work or for costs of operation and maintenance or interest charges as may be necessary.
(3) Whether expended by the city council or by a bridge commission, the amount so expended shall constitute a prior and first lien upon revenue derived from the operation of the bridge in connection with which such expenditures have been made, and shall be repaid as soon as possible and used by the city council to purchase or redeem such short-term bonds.
(4) The amount of such bonds shall be included as a part of the cost of the bridge and shall be repaid out of the proceeds of any bonds issued for permanent financing.
Source
Laws 1929, c. 176, § 8, p. 617;
C.S.1929, § 14-1208;
R.S.1943, § 14-1215;
Laws 1969, c. 51, § 21, p. 286;
Laws 2022, LB800, § 248.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-1217 - Bridges; acquisition; revenue bonds; power to issue.

14-1217.
Bridges; acquisition; revenue bonds; power to issue.
A city of the metropolitan class is authorized to provide funds for the purposes of sections 14-1201 to 14-1252 by the issuance of revenue bonds of such city, the principal and interest of which bonds shall be payable solely from the special funds provided in such sections for such payment and as to which, as shall be recited in such bonds, the city shall incur no indebtedness of any kind or nature and to support which the city shall not pledge its credit nor its taxing power nor any part of such credit or taxing power. Such bonds may, at the option of the city council, be supported by mortgage or by deed of trust.
Source
Laws 1929, c. 176, § 10, p. 619;
C.S.1929, § 14-1210;
Laws 1931, c. 27, § 2, p. 108;
C.S.Supp.,1941, § 14-1210;
R.S.1943, § 14-1217;
Laws 2022, LB800, § 250.