reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-522 - Sidewalks; repair; cost; assessment; notice.

17-522.
Sidewalks; repair; cost; assessment; notice.
(1) The mayor and city council of a city of the second class or village board of trustees may construct and repair sidewalks or cause the construction and repair of sidewalks in such manner as the mayor and city council or village board of trustees deems necessary and assess the expense of such construction or repairs on the property in front of which such construction or repairs are made, after having given notice (a) by publication in one issue of a legal newspaper in or of general circulation in such city or village and (b) by either causing a written notice to be served upon the occupant in possession of the property involved or to be posted upon such premises ten days prior to the commencement of such construction or repair. The powers conferred under this section are in addition to those provided in sections 17-509 to 17-521 and may be exercised without creating an improvement district.
(2) If the owner of any property abutting any street or avenue or part thereof fails to construct or repair any sidewalk in front of the owner's property within the time and in the manner as directed and requested by the mayor and city council or village board of trustees, after having received due notice to do so, the mayor and city council or village board of trustees may cause the sidewalk to be constructed or repaired and may assess the cost of such construction or repairs against the property.
Source
Laws 1879, § 69, V, p. 211;
Laws 1881, c. 23, § 8, V, p. 173;
Laws 1885, c. 20, § 1, V, p. 163;
Laws 1887, c. 12, § 1, V, p. 292;
R.S.1913, § 5111;
C.S.1922, § 4284;
C.S.1929, § 17-433;
Laws 1943, c. 31, § 1, p. 141;
R.S.1943, § 17-522;
Laws 1947, c. 34, § 1, p. 144;
Laws 2005, LB 161, § 6;
Laws 2017, LB133, § 139.
Annotations
Law requires the village or city officer to use only reasonable diligence to keep the walks in a reasonably safe condition for the use by persons passing over them. Hupfer v. City of North Platte, 134 Neb. 585, 279 N.W. 168 (1938); Gates v. City of North Platte, 126 Neb. 785, 254 N.W. 418 (1934); Strubble v. Village of DeWitt, 81 Neb. 504, 116 N.W. 154 (1908).
The repair of sidewalks is at the cost of the owner. Gibson v. Troupe, 96 Neb. 770, 148 N.W. 944 (1914).
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-523 - Sidewalks; temporary walks; construction; cost.

17-523.
Sidewalks; temporary walks; construction; cost.
Cities of the second class and villages shall have the power to provide for the laying of temporary sidewalks, upon the natural surface of the ground, without regard to grade, on streets not permanently improved, and to provide for the assessment of the cost of such temporary sidewalks on the property in front of which such sidewalks shall be laid.
Source
Laws 1879, § 69, VI, p. 211;
Laws 1881, c. 23, § 8, VI, p. 173;
Laws 1885, c. 20, § 1, VI, p. 164;
Laws 1887, c. 12, § 1, VI, p. 292;
Laws 1905, c. 29, § 1, p. 255;
R.S.1913, § 5112;
C.S.1922, § 4285;
C.S.1929, § 17-434;
R.S.1943, § 17-523;
Laws 2017, LB133, § 140.
Annotations
This section governs the construction of temporary sidewalks on ungraded and unimproved streets. Whitla v. Connor, 114 Neb. 526, 208 N.W. 670 (1926).
The terms of this section provide for the construction of temporary, as distinguished from permanent, sidewalk improvements. Gibson v. Troupe, 96 Neb. 770, 148 N.W. 944 (1914).
The provisions for estimates are jurisdictional, and without compliance therewith, there is no authority for a special tax. Moss v. City of Fairbury, 66 Neb. 671, 92 N.W. 721 (1902).
A sidewalk is defined as that portion of a public highway which is set apart by dedication, ordinance, or otherwise for the use of pedestrians. City of Ord v. Nash, 50 Neb. 335, 69 N.W. 964 (1897).
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-526 - Dogs and other animals; license tax; enforcement.

17-526.
Dogs and other animals; license tax; enforcement.
Cities of the second class and villages may, by ordinance, impose a license tax in an amount which shall be determined by the governing body of such city of the second class or village for each dog or other animal, on the owners and harborers of dogs and other animals, and enforce such license tax by appropriate penalties, and cause the destruction of any dog or other animal, for which the owner or harborer shall refuse or neglect to pay such license tax. Any licensing provision shall comply with subsection (2) of section 54-603 for service animals. Such municipality may regulate, license, or prohibit the running at large of dogs and other animals and guard against injuries or annoyances from such animals and authorize the destruction of such animals when running at large contrary to the provisions of any ordinance.
Source
Laws 1879, § 69, X, p. 213;
Laws 1881, c. 23, § 8, X, p. 175;
Laws 1885, c. 20, § 1, X, p. 165;
Laws 1887, c. 12, § 1, X, p. 294;
Laws 1899, c. 14, § 1, p. 79;
R.S.1913, § 5116;
C.S.1922, § 4289;
C.S.1929, § 17-438;
R.S.1943, § 17-526;
Laws 1959, c. 59, § 2, p. 253;
Laws 1976, LB 515, § 1;
Laws 1981, LB 501, § 4;
Laws 1997, LB 814, § 5;
Laws 2008, LB806, § 4;
Laws 2017, LB133, § 143.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-527 - Elections; rules governing; power to prescribe.

17-527.
Elections; rules governing; power to prescribe.
Cities of the second class and villages shall have power to prescribe the manner of conducting all municipal elections and the return of such elections and for holding special elections for any purpose provided by law.
Source
Laws 1879, § 69, XI, p. 213;
Laws 1881, c. 23, § 8, XI, p. 175;
Laws 1885, c. 20, § 1, XI, p. 166;
Laws 1887, c. 12, § 1, XI, p. 294;
R.S.1913, § 5117;
C.S.1922, § 4290;
C.S.1929, § 17-439;
R.S.1943, § 17-527;
Laws 1959, c. 60, § 55, p. 272;
Laws 2017, LB133, § 144.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-528 - Electricity; franchises and contracts; tax; sale by public service company to city.

17-528.
Electricity; franchises and contracts; tax; sale by public service company to city.
Cities of the second class and villages shall have power to grant a franchise, for a period of not to exceed twenty-five years, to any person, company, corporation, or association, whether publicly or privately owned, to furnish light and power to the residents, citizens, and corporations doing business in such city or village, and to make contracts, for a period of not to exceed five years, with such person, company, or association for the furnishing of light for the streets, lanes, alleys, and other public places and property of such city or village, and the inhabitants of such city or village, the furnishing of electricity to pump water or similar services for such city or village, and to levy a tax for the purpose of paying the costs of such lighting of streets, lanes, alleys, and other public places and property of such city or village. No public service company, whether publicly or privately owned, shall sell to any city of the second class or village, now generating its own electric current for all or the major portion of its electric requirements, unless first authorized so to do by a vote of the electors of such city or village, in the same manner and subject to the same conditions as are set forth in section 18-412. If no tax or issuance of bonds is required, any city of the second class or village may by resolution of the city council or village board of trustees contract for the furnishing of electricity at retail to such city or village, or to any electric plant within such city or village, with any public power district or an electric cooperative which cooperative has an approved retail service area adjoining such city or village.
Source
Laws 1879, § 69, XIV, p. 214;
Laws 1881, c. 23, § 8, XIV, p. 176;
Laws 1885, c. 20, § 1, XIV, p. 166;
Laws 1887, c. 12, § 1, XIV, p. 295;
Laws 1895, c. 16, § 1, p. 111;
Laws 1905, c. 27, § 1, p. 252;
R.S.1913, § 5118;
C.S.1922, § 4291;
C.S.1929, § 17-440;
Laws 1943, c. 28, § 2, p. 124;
R.S.1943, § 17-528;
Laws 1965, c. 58, § 2, p. 266;
Laws 1969, c. 83, § 2, p. 419;
Laws 2017, LB133, § 145.
Annotations
This section was not applicable to specific contract authorized by the Constitution. City of O'Neill v. Consumers P. P. Dist., 179 Neb. 773, 140 N.W.2d 644 (1966).
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-528.02 - Gas franchises; length; conditions; tax.

17-528.02.
Gas franchises; length; conditions; tax.
Cities of the second class and villages shall have power to grant a franchise, subject to the conditions of this section and section 17-528.03, for a period not exceeding twenty-five years to any person, company, or association, whether publicly or privately owned, and to his, her, or its assigns, to lay and maintain gas mains, pipes, service, and all other necessary structures in the streets, lanes, alleys, and public places of such city or village for the purpose of transporting gas on, under, or along any streets, lanes, alleys, and public places of such city or village and for furnishing gas to the inhabitants of such city or village. The city or village may make any reasonable regulation with reference to any person, firm, or corporation holding such franchise as to charges for such gas. Such city or village is authorized to contract, lease, or rent the gas plant from any person, firm, or corporation furnishing gas within such city or village. Such contract, lease, or rental agreement shall not be for a period longer than five years. Such city or village may levy a tax to pay the rent under such lease or to pay for any gas used for street lighting or for other necessary purposes.
Source
Laws 1879, § 39, VI, p. 201;
Laws 1881, c. 24, § 1, p. 195;
Laws 1905, c. 27, § 1, p. 252;
Laws 1911, c. 18, § 1, p. 135;
R.S.1913, § 5019;
Laws 1919, c. 45, § 1, p. 129;
C.S.1922, § 4188;
C.S.1929, § 17-127;
Laws 1943, c. 28, § 1, p. 123;
R.S.1943, § 17-125;
Laws 1957, c. 33, § 1(1), p. 196;
Laws 1959, c. 49, § 1, p. 237;
Laws 2017, LB133, § 146.
Annotations
Right of regulation of rates to be charged for gas is reserved to municipality. Nebraska Natural Gas Co. v. City of Lexington, 167 Neb. 413, 93 N.W.2d 179 (1958).
Power to regulate rates is delegated to municipality but rates must not be confiscatory. Kansas-Nebraska Natural Gas Co. v. City of St. Edward, 167 Neb. 15, 91 N.W.2d 69 (1958).
City may make regulations with reference to holders of franchise for distribution of gas. City of Bayard v. North Central Gas Co., 164 Neb. 819, 83 N.W.2d 861 (1957).
City council is empowered to fix rates for the term of franchise. Kansas-Nebraska Natural Gas Co. v. City of St. Edward, 134 F.Supp. 809 (D. Neb. 1955).
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-528.03 - Electricity franchises; length; conditions; election, when required; exceptions.

17-528.03.
Electricity franchises; length; conditions; election, when required; exceptions.
Cities of the second class and villages shall have power to grant a franchise subject to the conditions of this section or section 17-528.02. Such franchise may run for a period not exceeding twenty-five years, and it may be granted to any person, company, or association, whether publicly or privately owned, and to his, her, or its assigns. Such franchise may permit the person, company, or association to erect and maintain poles, lines, wires, and conductors for electricity in the streets, lanes, alleys, and public places of such city or village and for furnishing electricity to the inhabitants of such city or village. Such franchise may establish the amount that may be charged during such period for electricity and provide that such city or village may, after such period, make any reasonable regulation with reference to any person, firm, or corporation holding such franchise either as to charges for electricity or otherwise. Such city or village is further authorized to contract, lease, or rent the plant, from any person, firm, or corporation, furnishing electricity, within such city or village, for power or the lighting of streets, lanes, alleys, and public places of such city or village, but not for a period longer than five years. Such city or village may levy a tax for the purpose of paying the cost of such lighting of streets, lanes, alleys, or public places of such city or village or to pay the rent under such lease. No public service company, whether publicly or privately owned, shall sell to any city of the second class or village, generating its own electric energy for all or a major portion of its electric requirements, unless first authorized so to do by a vote of the electors of such city or village, in the same manner and subject to the same conditions as are set forth in section 18-412. If no tax or issuance of bonds is required, any city of the second class or village may by resolution of the city council or village board of trustees contract for the furnishing of electricity at retail to such city or village, or to any electric plant within such city or village, with any public power district or an electric cooperative which cooperative has an approved retail service area adjoining such city or village.
Source
Laws 1879, § 39, VI, p. 201;
Laws 1881, c. 24, § 1, p. 195;
Laws 1905, c. 27, § 1, p. 252;
Laws 1911, c. 18, § 1, p. 135;
R.S.1913, § 5019;
Laws 1919, c. 45, § 1, p. 129;
C.S.1922, § 4188;
C.S.1929, § 17-127;
Laws 1943, c. 28, § 1, p. 123;
R.S.1943, § 17-125;
Laws 1957, c. 33, § 1(2), p. 197;
Laws 1965, c. 58, § 3, p. 267;
Laws 1969, c. 83, § 3, p. 419;
Laws 2017, LB133, § 147.
Annotations
This section was not applicable to specific contract authorized by the Constitution. City of O'Neill v. Consumers P. P. Dist., 179 Neb. 773, 140 N.W.2d 644 (1966).
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-529 - Watercourses; aqueducts; wells; regulation.

17-529.
Watercourses; aqueducts; wells; regulation.
Cities of the second class and villages shall have power (1) to establish and alter the channel of watercourses and to wall them and cover them over, (2) to establish, regulate, and provide for the filling of wells, cisterns and windmills, aqueducts, and reservoirs of water, and (3) to erect and maintain a dike or dikes as protection against flood or surface waters.
Source
Laws 1879, § 69, XV, p. 214;
Laws 1881, c. 23, § 8, XV, p. 176;
Laws 1885, c. 20, § 1, XV, p. 167;
Laws 1887, c. 12, § 1, XV, p. 295;
Laws 1893, c. 8, § 1, p. 133;
Laws 1903, c. 21, § 1, p. 250;
Laws 1905, c. 30, § 1, p. 256;
Laws 1907, c. 17, § 1, p. 126;
R.S.1913, § 5119;
Laws 1917, c. 103, § 1, p. 270;
Laws 1919, c. 48, § 1, p. 136;
Laws 1919, c. 52, § 1, p. 150;
Laws 1919, c. 46, § 2, p. 131;
C.S.1922, § 4292;
Laws 1925, c. 41, § 1, p. 156;
C.S.1929, § 17-441;
Laws 1935, c. 34, § 1, p. 141;
C.S.Supp.,1941, § 17-441;
R.S.1943, § 17-529;
Laws 1947, c. 35, § 1(1), p. 146;
Laws 2017, LB133, § 148.
Annotations
City was authorized to erect and maintain a dike as protection against flood or surface waters. Gruntorad v. Hughes Bros. Inc., 161 Neb. 358, 73 N.W.2d 700 (1955).
A village has the right, under police power, to control lateral of irrigation ditch through one of its streets. Thornton v. Kingrey, 100 Neb. 525, 160 N.W. 871 (1916), affirmed on rehearing, 101 Neb. 631, 164 N.W. 561 (1917).
Where a municipality fills a channel with earth and fails to provide a sufficient outlet for passage of natural flood waters, damaging property, it is liable therefore. McClure v. City of Broken Bow, 81 Neb. 384, 115 N.W. 1081 (1908).
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-529.01 - Dikes; erection and maintenance; eminent domain; procedure.

17-529.01.
Dikes; erection and maintenance; eminent domain; procedure.
In connection with the power to establish and alter the channel of watercourses and the power to erect and maintain dikes against flood waters and surface waters, cities of the second class and villages shall be empowered to exercise the power of eminent domain to acquire easements and rights-of-way over real estate situated either within or not more than two miles outside the corporate limits of such city or village, for the purpose of constructing either a ditch or a dike to prevent flooding of such city or village. The procedure for taking and condemning real estate for such purpose shall be exercised in the manner set forth in sections 76-704 to 76-724. In connection with such condemnation proceedings, the city or village shall be liable not only for the land actually taken but for consequential damages to other lands damaged by the construction of such improvement and shall be authorized to pay such damages out of any available funds on hand or by the issuance of bonds as provided by law.
Source
Laws 1947, c. 35, § 1(2), p. 146;
Laws 1949, c. 23, § 1, p. 95;
Laws 1951, c. 101, § 56, p. 473;
Laws 1953, c. 287, § 16, p. 939;
Laws 1965, c. 66, § 1, p. 286;
Laws 2017, LB133, § 149.
Cross References
For additional flood control powers and duties of cities of the second class and villages, see section 23-320.07.
For funding provisions, see section 17-529.08.
Annotations
Exercise of powers of eminent domain and taxation were authorized for flood control project. Gruntorad v. Hughes Bros. Inc., 161 Neb. 358, 73 N.W.2d 700 (1955).
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-529.02 - Flood control projects; cooperation with United States; consent to requirements.

17-529.02.
Flood control projects; cooperation with United States; consent to requirements.
Cities of the second class and villages may cooperate with the United States Government in protecting against floods and enter into agreements with such government for that purpose. Such cities and villages may, in order to obtain federal funds for protecting against floods, consent to requirements of the Congress of the United States that such city or village (1) provide without cost to the United States all lands, easements, and rights-of-way necessary for the construction of flood control projects, (2) hold and save the United States free and harmless from damages due to the construction works, and (3) maintain and operate all the flood control works after completion in accordance with regulations prescribed by the Secretary of the Army of the United States.
Source
Laws 1947, c. 35, § 1(3), p. 146;
Laws 1972, LB 1047, § 1;
Laws 2017, LB133, § 150.
Annotations
City is authorized to enter into agreements with United States to maintain and operate flood control projects. Gruntorad v. Hughes Bros. Inc., 161 Neb. 358, 73 N.W.2d 700 (1955).
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-529.03 - Flood control projects; removal to another site; definitions.

17-529.03.
Flood control projects; removal to another site; definitions.
For purposes of sections 17-529.03 to 17-529.07:
(1) The term old city or village shall mean a city of the second class or village at its old location, and is not used in the sense that it is another or different city or village after its removal to a new site;
(2) The term new city or village shall mean a city of the second class or village at its new location, and is not used in the sense that it is another or different city or village than it was before its removal from an old site;
(3) The term county board shall mean the board of county commissioners or board of supervisors of a county; and
(4) The term governing board shall mean the city council of a city of the second class, or the village board of trustees.
Source
Laws 1947, c. 44, § 1, p. 160;
Laws 2017, LB133, § 151.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-529.04 - Flood control projects; removal to another site; when authorized.

17-529.04.
Flood control projects; removal to another site; when authorized.
Whenever the United States Government acquires by purchase or under eminent domain the entire site upon which a city of the second class or a village is located under any flood control project, such city or village may be removed to another site and retain its corporate identity by observing the procedure set out in sections 17-529.05 and 17-529.06.
Source
Laws 1947, c. 44, § 2, p. 160.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-529.05 - Flood control projects; removal to another site; petition; contents; order for hearing; notice.

17-529.05.
Flood control projects; removal to another site; petition; contents; order for hearing; notice.
Whenever a petition is filed with the county clerk of any county, signed by either the governing board of any city of the second class or village or by one hundred or more electors of any city of the second class or village within such county setting forth: (1) That the United States Government has acquired, or is about to acquire, by purchase or eminent domain or both, the entire site upon which such city or village is located; (2) that the petitioners desire such city or village removed to another site and the corporate identity retained; (3) that a new site has been acquired, or contracted to be acquired, to which the old city or village can be removed; (4) that the petitioners intend to become residents of the new city or village when it is removed to the proposed new site; and (5) offer to pay all costs of the proceedings to effectuate such removal, the county board of such county shall enter an order setting such petition down for hearing not less than thirty nor more than sixty days after the filing of such petition and shall cause notice of such hearing to be given by publication three successive weeks prior to the hearing in a legal newspaper in or of general circulation in such county.
Source
Laws 1947, c. 44, § 3, p. 160;
Laws 2017, LB133, § 152.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-529.06 - Flood control projects; removal to another site; hearing; entry of order.

17-529.06.
Flood control projects; removal to another site; hearing; entry of order.
Upon the hearing held pursuant to section 17-529.05, if the county board finds that the statements set forth in the petition are true and that it is in the best interests of the old city or village to authorize such removal, the county board shall enter an order granting such petition.
Source
Laws 1947, c. 44, § 4, p. 161;
Laws 2017, LB133, § 153.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-529.07 - Flood control projects; removal to another site; order; effect.

17-529.07.
Flood control projects; removal to another site; order; effect.
The order granting a petition under section 17-529.05 shall have the following effect:
(1) The name and corporate identity of the old city or village shall be retained by the new city or village.
(2) The officers of the old city or village shall continue to be the officers of the new city or village until their successors are elected and qualified at the time and in the manner provided by law.
(3) The funds and property of the old city or village shall be retained by and belong to the new city or village.
(4) The proceeds from the sale or condemnation of municipally owned property of the old city or village shall accrue and be paid to the new city or village, except that any outstanding bonded indebtedness of or judgments against the old city or village shall be paid to the holders of such bonds or judgments who shall demand payment thereof and are not willing to permit such bonds or judgments to continue as an indebtedness due from the new city or village.
(5) The ordinances of the old city or village shall continue in full force and effect as the ordinances of the new city or village.
(6) The proceeds from the sale or condemnation of any public school buildings and grounds situated within the old city or village shall be used for the purchase and construction of a new school building and grounds at the new site, if the new site is located within the same school district as the old site, and if not, the proceeds shall be apportioned between the school district in which the new city or village is located and the school district in which the old city or village was located in the proportion that the actual valuation of the property purchased and condemned by the United States Government in such school district bears to the valuation of the property remaining in such school district not condemned or purchased by the United States Government.
(7) The proceeds from the sale or condemnation of any public buildings and grounds of any township in which the old city or village was located shall be used for the purchase and construction of similar buildings and grounds at the new site, if the new site is located within the same township as the old site, and if not, the proceeds shall be apportioned between the township in which the new city or village is located and the township in which the old city or village was located in the proportion that the actual valuation of the property purchased and condemned by the United States Government in such township bears to the actual valuation of the property remaining in such township not condemned or purchased by the United States Government.
Source
Laws 1947, c. 44, § 5, p. 161;
Laws 1979, LB 187, § 51;
Laws 2017, LB133, § 154.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-529.08 - Flood control projects; bonds; interest; election; tax; levy.

17-529.08.
Flood control projects; bonds; interest; election; tax; levy.
(1) For the purpose of paying the costs and expenses in implementing sections 17-529.01 and 17-529.02, cities of the second class and villages may borrow money or issue bonds in an amount not to exceed five percent of the taxable valuation of all the taxable property within such city or village according to the most recent assessment.
(2) Such cities or villages may levy and collect a general tax in the same manner as other municipal taxes are levied and collected in an amount sufficient to pay the interest and principal of the bonds referred to in subsections (1) and (3) of this section, as the same mature, upon the taxable value of all the taxable property within such city or village as shown upon the assessment roles, in addition to the sum authorized to be levied under section 17-506.
(3) No money shall be borrowed or bonds issued as referred to in subsections (1) and (2) of this section unless authorized by a majority of the legal votes cast for and against the proposition at an election held for that purpose. Notice of the election shall be given by publication in a legal newspaper in or of general circulation in such city or village for at least two weeks prior to the date of such election. The bonds shall be the bonds of such city or village, shall become due in not to exceed twenty years from their date of issue, and shall draw interest payable semiannually or annually.
Source
Laws 1965, c. 73, § 1, p. 296;
Laws 1969, c. 51, § 46, p. 300;
Laws 1971, LB 534, § 14;
Laws 1979, LB 187, § 52;
Laws 1992, LB 719A, § 53;
Laws 2017, LB133, § 155.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-530 - Waterworks; franchises; terms.

17-530.
Waterworks; franchises; terms.
Cities of the second class and villages shall have power to make contracts with and authorize any person, company, or corporation to erect and maintain a system of waterworks and water supply, and to give such contractors the exclusive privilege for a term not exceeding twenty-five years to lay down in the streets and alleys of such city or village water mains and supply pipes, and to furnish water to such city or village, and the residents of such cities or villages, under such regulations as to price, supply, and rent of water meters, as the city council or village board of trustees may from time to time prescribe by ordinance for the protection of the city or village. The right to supervise and control such person, company, or corporation shall not be waived or set aside.
Source
Laws 1881, c. 23, § 8, XV, p. 176;
Laws 1885, c. 20, § 1, XV, p. 167;
Laws 1887, c. 12, § 1, XV, p. 295;
Laws 1893, c. 8, § 1, p. 133;
Laws 1903, c. 21, § 1, p. 250;
Laws 1905, c. 30, § 1, p. 256;
Laws 1907, c. 17, § 1, p. 126;
R.S.1913, § 5119;
Laws 1917, c. 103, § 1, p. 271;
Laws 1919, c. 46, § 2, p. 131;
Laws 1919, c. 48, § 1, p. 137;
Laws 1919, c. 52, § 1, p. 150;
C.S.1922, § 4292;
Laws 1925, c. 41, § 1, p. 157;
C.S.1929, § 17-441;
Laws 1935, c. 34, § 1, p. 141;
C.S.Supp.,1941, § 17-441;
R.S.1943, § 17-530;
Laws 2017, LB133, § 156.
Annotations
An ordinance, contracting for supply of water and payment therefor with private water company, is valid even though not preceded by an appropriation to meet such water rentals. City of North Platte v. North Platte Water-Works Co., 56 Neb. 403, 76 N.W. 906 (1898).
City of second class is authorized to contract with third persons to erect and maintain a system of waterworks to supply water. North Platte Water-Works Company v. City of North Platte, 50 Neb. 853, 70 N.W. 393 (1897).
An agreement to rent more hydrants than the assessed valuation of property in a municipality will justify does not affect the validity of contract to erect and maintain a waterworks system. State ex rel. Tarr v. City of Crete, 32 Neb. 568, 49 N.W. 272 (1891).
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-531 - Waterworks; acquisition or construction authorized.

17-531.
Waterworks; acquisition or construction authorized.
Cities of the second class and villages shall have power to provide for the purchase of fire-extinguishing apparatus and for a supply of water for the purpose of fire protection and public use and for the use of the inhabitants of such cities and villages by the purchase, erection, or construction of a system of waterworks, water mains, or extensions of any system of waterworks established or situated in whole or in part within such city or village, and for maintaining such fire-extinguishing apparatus or system of waterworks.
Source
Laws 1885, c. 20, § 1, XV, p. 167;
Laws 1887, c. 12, § 1, XV, p. 296;
Laws 1893, c. 8, § 1, p. 133;
Laws 1903, c. 21, § 1, p. 250;
Laws 1905, c. 30, § 1, p. 256;
Laws 1907, c. 17, § 1, p. 126;
R.S.1913, § 5119;
Laws 1917, c. 103, § 1, p. 271;
Laws 1919, c. 48, § 1, p. 137;
Laws 1919, c. 52, § 1, p. 151;
Laws 1919, c. 46, § 2, p. 131;
C.S.1922, § 4292;
Laws 1925, c. 41, § 1, p. 157;
C.S.1929, § 17-441;
Laws 1935, c. 34, § 1, p. 142;
C.S.Supp.,1941, § 17-441;
R.S.1943, § 17-531;
Laws 2017, LB133, § 157.
Annotations
Contract for construction of waterworks was not ultra vires where city had authority to make it though part of funds were diverted from purpose for which voted. Chicago Bridge & Iron Works v. City of South Sioux City, 108 Neb. 827, 189 N.W. 367 (1922).
City engaged in a commercial enterprise is liable to public for its negligence the same as individuals. Reed v. Village of Syracuse, 83 Neb. 713, 120 N.W. 180 (1909).
There is no grant of power, either to a franchise corporation or to the city, in maintaining its own waterworks, to sell meters, or to compel consumers to supply themselves with meters. Albert v. Davis, 49 Neb. 579, 68 N.W. 945 (1896).
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-532 - Waterworks; private companies; compulsory connections.

17-532.
Waterworks; private companies; compulsory connections.
Cities of the second class and villages shall have power to require any person, firm, or corporation operating any public water supply in such city or village to connect with and furnish water to such city or village from its mains located within such city or village, and to provide by ordinance for connections of such mains with the mains or portion of water system constructed or operated by such city or village, under such regulations and under such penalties as may be prescribed by ordinance.
Source
Laws 1907, c. 17, § 1, p. 126;
R.S.1913, § 5119;
Laws 1917, c. 103, § 1, p. 271;
Laws 1919, c. 48, § 1, p. 137;
Laws 1919, c. 52, § 1, p. 151;
Laws 1919, c. 46, § 2, p. 131;
C.S.1922, § 4292;
Laws 1925, c. 41, § 1, p. 157;
C.S.1929, § 17-441;
Laws 1935, c. 34, § 1, p. 142;
C.S.Supp.,1941, § 17-441;
R.S.1943, § 17-532;
Laws 2017, LB133, § 158.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-533 - Waterworks; construction; bids.

17-533.
Waterworks; construction; bids.
All contracts for the construction of any work pursuant to sections 17-530 to 17-532, or any portion of such work, shall be let to the lowest responsible bidder, and upon not less than twenty days' published notice of the terms and conditions upon which the contract is to be let having been given by publication in a legal newspaper in or of general circulation in such city or village. In all cases the city council or village board of trustees shall have the right to reject any and all bids that may not be satisfactory.
Source
Laws 1881, c. 23, § 8, XV, p. 177;
Laws 1885, c. 20, § 1, XV, p. 167;
Laws 1887, c. 12, § 1, XV, p. 296;
Laws 1893, c. 8, § 1, p. 133;
Laws 1903, c. 21, § 1, p. 250;
Laws 1905, c. 30, § 1, p. 256;
Laws 1907, c. 17, § 1, p. 127;
R.S.1913, § 5119;
Laws 1917, c. 103, § 1, p. 271;
Laws 1919, c. 48, § 1, p. 137;
Laws 1919, c. 52, § 1, p. 151;
Laws 1919, c. 46, § 2, p. 131;
C.S.1922, § 4292;
Laws 1925, c. 41, § 1, p. 157;
C.S.1929, § 17-441;
Laws 1935, c. 34, § 1, p. 142;
C.S.Supp.,1941, § 17-441;
R.S.1943, § 17-533;
Laws 2017, LB133, § 159.
Annotations
Estimate of costs must be made and submitted by city engineer before council can make contract and such estimate cannot be raised by the engineer after the bids have been opened. Murphy v. City of Plattsmouth, 78 Neb. 163, 110 N.W. 749 (1907).
City is only authorized to contract after advertising for bids and with only such persons as tender a bid in response to such advertisement. Fairbanks, Morse & Co. v. City of North Bend, 68 Neb. 560, 94 N.W. 537 (1903).
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-535 - Waterworks; construction and maintenance; acquisition of land beyond extraterritorial zoning jurisdiction; procedure.

17-535.
Waterworks; construction and maintenance; acquisition of land beyond extraterritorial zoning jurisdiction; procedure.
For the purpose of erecting, constructing, locating, maintaining, or supplying waterworks, mains, portion, or extension of any system of waterworks or water supply as provided in sections 17-530 to 17-532, any city of the second class or village may go beyond its extraterritorial zoning jurisdiction and may take, hold, or acquire rights, property, and real estate by purchase or otherwise, and may for this purpose, take, hold, and condemn any and all necessary property. The procedure to condemn property shall be exercised in the manner set forth in sections 76-704 to 76-724.
Source
Laws 1881, c. 23, § 8, XV, p. 178;
Laws 1885, c. 20, § 1, XV, p. 169;
Laws 1887, c. 12, § 1, XV, p. 297;
Laws 1893, c. 8, § 1, p. 135;
Laws 1903, c. 21, § 1, p. 251;
Laws 1905, c. 30, § 1, p. 257;
Laws 1907, c. 17, § 1, p. 128;
R.S.1913, § 5119;
Laws 1917, c. 103, § 1, p. 272;
Laws 1919, c. 48, § 1, p. 138;
Laws 1919, c. 52, § 1, p. 152;
Laws 1919, c. 46, § 2, p. 132;
C.S.1922, § 4292;
Laws 1925, c. 41, § 1, p. 159;
C.S.1929, § 17-441;
Laws 1935, c. 34, § 1, p. 143;
C.S.Supp.,1941, § 17-441;
R.S.1943, § 17-535;
Laws 1951, c. 101, § 57, p. 473;
Laws 2017, LB133, § 161.
Annotations
A village is limited to taking only such property as is presently necessary for the purposes described in section 17-531. Engelhaupt v. Village of Butte, 248 Neb. 827, 539 N.W.2d 430 (1995).
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-536 - Waterworks; water supply; pollution; power to prevent.

17-536.
Waterworks; water supply; pollution; power to prevent.
The jurisdiction of a city of the second class or village to prevent any pollution or injury to the stream or source of water for the supply of waterworks constructed under sections 17-530 to 17-532 shall extend fifteen miles beyond its corporate limits.
Source
Laws 1881, c. 23, § 8, XV, p. 178;
Laws 1885, c. 20, § 1, XV, p. 169;
Laws 1887, c. 12, § 1, XV, p. 298;
Laws 1893, c. 8, § 1, p. 135;
Laws 1903, c. 21, § 1, p. 251;
Laws 1905, c. 30, § 1, p. 258;
Laws 1907, c. 17, § 1, p. 128;
R.S.1913, § 5119;
Laws 1917, c. 103, § 1, p. 272;
Laws 1919, c. 48, § 1, p. 138;
Laws 1919, c. 52, § 1, p. 152;
Laws 1919, c. 46, § 2, p. 133;
C.S.1922, § 4292;
Laws 1925, c. 41, § 1, p. 159;
C.S.1929, § 17-441;
Laws 1935, c. 34, § 1, p. 143;
C.S.Supp.,1941, § 17-441;
R.S.1943, § 17-536;
Laws 2017, LB133, § 162.
Annotations
A village is limited to taking only such property as is presently necessary for the purposes described in section 17-531. Engelhaupt v. Village of Butte, 248 Neb. 827, 539 N.W.2d 430 (1995).
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-537 - Waterworks; rules and regulations.

17-537.
Waterworks; rules and regulations.
The city council of a city of the second class or village board of trustees shall have power to make and enforce all necessary rules and regulations in the construction, use, and management of waterworks, mains, portion, or extension of any system of waterworks or water supply and for the use of the water from such system.
Source
Laws 1881, c. 23, § 8, XV, p. 178;
Laws 1885, c. 20, § 1, XV, p. 169;
Laws 1887, c. 12, § 1, XV, p. 298;
Laws 1893, c. 8, § 1, p. 135;
Laws 1903, c. 21, § 1, p. 251;
Laws 1905, c. 30, § 1, p. 258;
Laws 1907, c. 17, § 1, p. 128;
R.S.1913, § 5119;
Laws 1917, c. 103, § 1, p. 272;
Laws 1919, c. 48, § 1, p. 139;
Laws 1919, c. 52, § 1, p. 152;
Laws 1919, c. 46, § 2, p. 133;
C.S.1922, § 4292;
Laws 1925, c. 41, § 1, p. 159;
C.S.1929, § 17-441;
Laws 1935, c. 34, § 1, p. 143;
C.S.Supp.,1941, § 17-441;
R.S.1943, § 17-537;
Laws 2017, LB133, § 163.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-538 - Waterworks; use of water; rates or rental; collection.

17-538.
Waterworks; use of water; rates or rental; collection.
Cities of the second class and villages shall have the right and power to tax, assess, and collect from the inhabitants of such cities and villages such tax, rent, or rates for the use and benefit of water used or supplied to them by such waterworks, mains, portion, or extension of any system of waterworks or water supply as the city council or village board of trustees shall deem just or expedient. All such water rates, taxes, or rent shall be a lien upon the premises, or real estate, upon or for which such water is used or supplied; and such taxes, rents, or rates shall be paid and collected and such lien enforced in such manner as the city council or village board of trustees shall provide by ordinance.
Source
Laws 1881, c. 23, § 8, XV, p. 179;
Laws 1885, c. 20, § 1, XV, p. 169;
Laws 1887, c. 12, § 1, XV, p. 298;
Laws 1893, c. 8, § 1, p. 135;
Laws 1903, c. 21, § 1, p. 252;
Laws 1905, c. 30, § 1, p. 258;
Laws 1907, c. 17, § 1, p. 128;
R.S.1913, § 5118;
Laws 1917, c. 103, § 1, p. 273;
Laws 1919, c. 48, § 1, p. 139;
Laws 1919, c. 52, § 1, p. 152;
Laws 1919, c. 46, § 2, p. 133;
C.S.1922, § 4292;
Laws 1925, c. 41, § 1, p. 159;
C.S.1929, § 17-441;
Laws 1935, c. 34, § 1, p. 143;
C.S.Supp.,1941, § 17-441;
R.S.1943, § 17-538;
Laws 2017, LB133, § 164.
Annotations
The power to fix rates for furnishing water to city and inhabitants is vested in the municipality and such rates are presumed lawful and reasonable unless clearly shown to be confiscatory. McCook Waterworks Co. v. City of McCook, 85 Neb. 677, 124 N.W. 100 (1909).
Where title of ordinance did not refer to contract for "rental for hydrant" used in body of ordinance, though the ordinance authorized third party to construct and maintain water system and use the streets, such contract was void as to water rentals. Lincoln Land Co. v. Village of Grant, 57 Neb. 70, 77 N.W. 349 (1898).
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-539 - Waterworks; construction; cost; special assessments.

17-539.
Waterworks; construction; cost; special assessments.
The expense of erecting, locating, and constructing reservoirs and hydrants for the purpose of fire protection and the expense of constructing and laying water mains, pipes, or such parts of such mains or pipes as may be just and lawful, may be assessed upon and collected from the property and real estate specially benefited by such reservoirs, hydrants, mains, or pipes, if any, as a special assessment in such manner as may be provided for the making of special assessments for other public improvements in cities of the second class and villages.
Source
Laws 1881, c. 23, § 8, XV, p. 179;
Laws 1885, c. 20, § 1, XV, p. 170;
Laws 1887, c. 12, § 1, XV, p. 298;
Laws 1893, c. 8, § 1, p. 135;
Laws 1903, c. 21, § 1, p. 252;
Laws 1905, c. 30, § 1, p. 258;
Laws 1907, c. 17, § 1, p. 128;
R.S.1913, § 5119;
Laws 1917, c. 103, § 1, p. 273;
Laws 1919, c. 48, § 1, p. 139;
Laws 1919, c. 52, § 1, p. 153;
Laws 1919, c. 46, § 2, p. 133;
C.S.1922, § 4292;
Laws 1925, c. 41, § 1, p. 159;
C.S.1929, § 17-441;
Laws 1935, c. 34, § 1, p. 143;
C.S.Supp.,1941, § 17-441;
R.S.1943, § 17-539;
Laws 2015, LB361, § 32;
Laws 2017, LB133, § 165.
Annotations
Doubts as to meaning of statutory limitations as applied to special assessments to acquire water system should be determined in favor of taxpayer. Futscher v. City of Rulo, 107 Neb. 521, 186 N.W. 536 (1922).
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-540 - Waterworks; income; how used; surplus, investment.

17-540.
Waterworks; income; how used; surplus, investment.
All income received by cities of the second class or villages from public utilities and from the payment and collection of water taxes, rents, rates, or assessments shall be applied to the payment of running expenses, interest on bonds or money borrowed, and the erection and construction of public utilities. If there is any surplus income, such income shall be placed into a sinking fund for the payment of public utility bonds or for the improvements of the works, or into the general fund as the city council or village board of trustees may direct. The surplus remaining, if any, may, if the city council or village board of trustees so directs, be invested in interest-bearing bonds or obligations of the United States.
Source
Laws 1881, c. 23, § 8, XV, p. 179;
Laws 1885, c. 20, § 1, XV, p. 170;
Laws 1887, c. 12, § 1, XV, p. 299;
Laws 1893, c. 8, § 1, p. 136;
Laws 1903, c. 21, § 1, p. 252;
Laws 1905, c. 30, § 1, p. 258;
Laws 1907, c. 17, § 1, p. 129;
R.S.1913, § 5119;
Laws 1917, c. 103, § 1, p. 273;
Laws 1919, c. 48, § 1, p. 139;
Laws 1919, c. 52, § 1, p. 153;
Laws 1919, c. 46, § 2, p. 133;
C.S.1922, § 4292;
Laws 1925, c. 41, § 1, p. 160;
C.S.1929, § 17-441;
Laws 1935, c. 34, § 1, p. 144;
C.S.Supp.,1941, § 17-441;
Laws 1943, c. 27, § 1(1), p. 121;
R.S.1943, § 17-540;
Laws 1969, c. 93, § 1, p. 459;
Laws 2017, LB133, § 166.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-542 - Waterworks; rates; regulation.

17-542.
Waterworks; rates; regulation.
The city council of a city of the second class or village board of trustees is hereby expressly given the power to fix the rates to be paid by water consumers of such city or village for the use of water from the waterworks of such city or village, including the power to require, as a condition precedent to the use of such water, the furnishing of water meters at the expense of such water consumers as may be provided by ordinance of such city or village.
Source
Laws 1881, c. 23, § 8, XV, p. 181;
Laws 1885, c. 20, § 1, XV, p. 171;
Laws 1887, c. 12, § 1, XV, p. 300;
Laws 1893, c. 8, § 1, p. 137;
Laws 1903, c. 21, § 1, p. 253;
Laws 1905, c. 30, § 1, p. 259;
Laws 1907, c. 17, § 1, p. 129;
R.S.1913, § 5119;
Laws 1917, c. 103, § 1, p. 274;
Laws 1919, c. 48, § 1, p. 140;
Laws 1919, c. 52, § 1, p. 154;
Laws 1919, c. 46, § 2, p. 134;
C.S.1922, § 4292;
Laws 1925, c. 41, § 1, p. 161;
C.S.1929, § 17-441;
Laws 1935, c. 34, § 1, p. 145;
Laws 1937, c. 33, § 1, p. 158;
C.S.Supp.,1941, § 17-441;
R.S.1943, § 17-542;
Laws 2017, LB133, § 168.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-543 - Waterworks; water commissioner; duty to account; report; salary; public works commissioner; duties.

17-543.
Waterworks; water commissioner; duty to account; report; salary; public works commissioner; duties.
The water commissioner in a city of the second class or village shall collect all money received by such city or village on account of its system of waterworks and shall faithfully account for and pay over such money to the city treasurer or village treasurer, taking his or her receipt for such money in duplicate and filing a receipt with the city clerk or village clerk. The water commissioner shall make a detailed report to the city council or village board of trustees, at least once every six months, of the condition of the water system, of all mains, pipes, hydrants, reservoirs, and machinery, and such improvements, repairs, and extension of such system as he or she may think proper. The report shall show the amount of receipts and expenditures on account of such system for the preceding six months. No money shall be expended for improvements, repairs, or extension of the waterworks system except upon recommendation of the water commissioner. The water commissioner shall perform such other duties as may be prescribed by ordinance. The water commissioner shall be paid such salary as the city council or village board of trustees may by ordinance provide, and upon his or her written recommendation, the mayor and city council or chairperson and village board of trustees shall employ such laborers and clerks as deemed necessary. Neither the mayor nor any member of the city council in a city of the second class shall be eligible to the office of water commissioner during the term for which he or she was elected. If the city or village involved owns public utilities other than the waterworks system, and the water commissioner has been designated by ordinance as the public works commissioner under the authority of section 17-541, then all provisions of this section in reference to a water commissioner shall apply to the public works commissioner.
Source
Laws 1881, c. 23, § 8, XV, p. 181;
Laws 1885, c. 20, § 1, XV, p. 172;
Laws 1887, c. 12, § 1, XV, p. 300;
Laws 1893, c. 8, § 1, p. 137;
Laws 1903, c. 21, § 1, p. 253;
Laws 1905, c. 30, § 1, p. 259;
Laws 1907, c. 17, § 1, p. 129;
R.S.1913, § 5119;
Laws 1917, c. 103, § 1, p. 274;
Laws 1919, c. 48, § 1, p. 140;
Laws 1919, c. 52, § 1, p. 154;
Laws 1919, c. 46, § 2, p. 134;
C.S.1922, § 4292;
Laws 1925, c. 41, § 1, p. 161;
C.S.1929, § 17-441;
Laws 1935, c. 34, § 1, p. 145;
Laws 1937, c. 33, § 1, p. 159;
C.S.Supp.,1941, § 17-441;
R.S.1943, § 17-543;
Laws 1961, c. 51, § 2, p. 194;
Laws 1983, LB 310, § 1;
Laws 2017, LB133, § 169.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-545 - Waterworks; additional tax; when authorized.

17-545.
Waterworks; additional tax; when authorized.
Every city of the second class and village in the State of Nebraska which owns its own water plant and a system of hydrants in connection with such water plant is hereby authorized and empowered to provide a fund upon the presentation to the city council or village board of trustees of a petition signed by sixty percent of the legal voters of the city or village, in addition to the general fund of such city or village, by making a levy at the time authorized by law, not to exceed two and one-tenth cents on each one hundred dollars upon the taxable value of all the taxable property of the city or village, for the purpose of paying the expense or aiding in paying the expense of maintaining such system of hydrants and pumping and supplying through them water for public purposes.
Source
Laws 1915, c. 217, § 1, p. 486;
C.S.1922, § 4294;
C.S.1929, § 17-443;
R.S.1943, § 17-545;
Laws 1953, c. 287, § 17, p. 939;
Laws 1979, LB 187, § 54;
Laws 1992, LB 719A, § 55;
Laws 2017, LB133, § 170.