reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-3312 - Additions; plat; vacation; right of owner to plat.

18-3312.
Additions; plat; vacation; right of owner to plat.
The owner of any lots in a plat vacated under section 18-3308 may cause such lots and a proportionate part of adjacent streets and public grounds to be platted and numbered by the county surveyor. When such plat is acknowledged by such owner and is recorded in the record office of the county, such lots may be conveyed and assessed by the numbers given them on such plat.
Source
Laws 1879, § 112, p. 235;
R.S.1913, § 5100;
C.S.1922, § 4273;
C.S.1929, § 17-422;
R.S.1943, § 17-423;
R.S.1943, (2012), § 17-423;
Laws 2017, LB133, § 323.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-3313 - Additions; plat; failure to execute and record; power of county clerk; costs; collection.

18-3313.
Additions; plat; failure to execute and record; power of county clerk; costs; collection.
Whenever the original owners of any subdivision of land as provided in sections 18-3304 and 18-3305 have sold or conveyed any part of such subdivision or invested the public with any rights in such subdivision and have failed and neglected to execute and file for record a plat as provided in sections 18-3304 and 18-3305, the county clerk shall notify such owners by certified mail and demand an execution of such plat as required by law. If such owners fail and neglect to execute and file for record such plat for thirty days following the issuance of such notice, the county clerk shall cause the plat of such subdivision to be made, along with any necessary surveying. Such plat shall be signed and acknowledged by the county clerk, who shall certify that he or she executed it by reason of the failure of the owners required to do so, and filed for record. When so filed for record, it shall have the same effect for all purposes as if executed, acknowledged, and recorded by the owners themselves. A correct statement of the costs and expenses of such plat, surveying, and recording, verified by oath, shall be submitted by the county clerk to the county board, who shall allow such costs and expenses to be paid out of the county treasury and shall assess such amount, pro rata, upon all subdivisions of such tract, lot, or parcel so subdivided. Such assessment shall be collected with and in like manner as the general taxes and shall go to the county general fund. The county board may also direct suit to be brought in the name of the county, before any court having jurisdiction, to recover from the original owners the cost and expense of procuring and recording such plat.
Source
Laws 1879, § 113, p. 235;
R.S.1913, § 5101;
C.S.1922, § 4274;
C.S.1929, § 17-423;
R.S.1943, § 17-424;
R.S.1943, (2012), § 17-424;
Laws 2017, LB133, § 324.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-3314 - Land less than forty acres; ownership in severalty; county clerk may plat.

18-3314.
Land less than forty acres; ownership in severalty; county clerk may plat.
Whenever any subdivision of land of forty acres or less or any lot or subdivision is owned by two or more persons in severalty, and the description of one or more of the different parts or parcels cannot, in the judgment of the county clerk, be made sufficiently certain and accurate for the purpose of assessment and taxation without noting the metes and bounds of such parts or parcels, the county clerk shall require and cause to be made and recorded a plat of such tract or lot of land with its several subdivisions, in accordance with section 18-3304. The county clerk shall proceed in such cases according to section 18-3313, and all the provisions of law in relation to the plats of cities and villages shall govern any tracts and parcels of land platted pursuant to this section.
Source
Laws 1879, § 114, p. 236;
R.S.1913, § 5102;
C.S.1922, § 4275;
C.S.1929, § 17-424;
R.S.1943, § 17-425;
R.S.1943, (2012), § 17-425;
Laws 2017, LB133, § 325.
Annotations
This section has nothing to do with incorporation of cities and villages and, though a method is provided for vacation of plat hereunder, such act of vacating does not have the effect of disconnecting land from a municipality. Kershaw v. Jansen, 49 Neb. 467, 68 N.W. 616 (1896).
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-3315 - Additions; lots; sale before platting; penalty.

18-3315.
Additions; lots; sale before platting; penalty.
Any person who sells or offers for sale or lease any lots in any municipality or addition to any municipality, before the plat of such lots has been duly acknowledged and recorded as provided in section 18-3305, shall pay a penalty of fifty dollars for each lot or part of lot sold, leased, or offered for sale.
Source
Laws 1879, § 116, p. 237;
R.S.1913, § 5104;
C.S.1922, § 4277;
C.S.1929, § 17-426;
R.S.1943, § 17-426;
R.S.1943, (2012), § 17-426;
Laws 2017, LB133, § 326.
Annotations
Platting is required before county board can establish a village. State ex rel. Schoonover v. Crabill, 136 Neb. 819, 287 N.W. 669 (1939).
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-3316 - Detachment of property from corporate limits; procedure.

18-3316.
Detachment of property from corporate limits; procedure.
(1) Any person owning real property located within and adjacent to the corporate limits of a city of the first class, city of the second class, or village seeking to have such property detached from the corporate limits of such city or village may file a request with the city council or village board of trustees asking that such property be detached. The request shall contain the legal description of the property sought to be detached. If the city council or village board of trustees determines that the property meets the requirements of this section and that all or a part of such property ought to be detached, the city council or village board of trustees shall adopt an ordinance by a majority vote of its members to order such property detached from the corporate limits of the city or village. The city clerk or village clerk shall file a certified copy of such ordinance in the office of the register of deeds and of the election commissioner or county clerk of the county in which such property is located.
(2) A city of any class or village may initiate detachment of any real property located within and adjacent to the corporate limits of such city or village by first publishing notice in a legal newspaper in or of general circulation in the city or village of the intention of the city or village to detach such property. Such notice shall include a legal description of the property to be detached and shall provide the date, time, and place of the meeting at which the ordinance ordering such property to be detached will be voted on by the city council or village board of trustees. If, by a majority vote of its members, the city council or village board of trustees adopts the ordinance ordering such property detached from the corporate limits of the city or village, the city clerk or village clerk shall file a certified copy of such ordinance in the office of the register of deeds and of the election commissioner or county clerk of the county in which such property is located.
Source
Laws 2021, LB131, § 15.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-3401 - Act, how cited.

18-3401.
Act, how cited.
Sections 18-3401 to 18-3418 shall be known and may be cited as the Nebraska Municipal Land Bank Act.
Source
Laws 2013, LB97, § 1;
R.S.Supp.,2018, § 19-5201;
Laws 2020, LB424, § 1.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-3402 - Legislative findings and declarations.

18-3402.
Legislative findings and declarations.
The Legislature finds and declares as follows:
(1) Nebraska's municipalities are important to the social and economic vitality of the state, and many municipalities are struggling to cope with vacant, abandoned, and tax-delinquent properties;
(2) Vacant, abandoned, and tax-delinquent properties represent lost revenue to municipalities and large costs associated with demolition, safety hazards, and the deterioration of neighborhoods;
(3) There is an overriding public need to confront the problems caused by vacant, abandoned, and tax-delinquent properties through the creation of new tools for municipalities to use to turn vacant spaces into vibrant places; and
(4) Land banks are one of the tools that can be utilized by municipalities to facilitate the return of vacant, abandoned, and tax-delinquent properties to productive use.
Source
Laws 2013, LB97, § 2;
R.S.Supp.,2018, § 19-5202;
Laws 2020, LB424, § 2.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-3403 - Terms, defined.

18-3403.
Terms, defined.
For purposes of the Nebraska Municipal Land Bank Act:
(1) Board means the board of directors of a land bank;
(2) Chief executive officer means the mayor, city manager, or chairperson of the board of trustees of a municipality;
(3) Immediate family has the same meaning as in section 49-1425;
(4) Land bank means a land bank established in accordance with the act;
(5) Municipality means any city or village of this state; and
(6) Real property means lands, lands under water, structures, and any and all easements, air rights, franchises, and incorporeal hereditaments and every estate and right therein, legal and equitable, including terms for years and liens by way of judgment, mortgage, or otherwise, and any and all fixtures and improvements located thereon.
Source
Laws 2013, LB97, § 3;
R.S.Supp.,2018, § 19-5203;
Laws 2020, LB424, § 3.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-3404 - Creation of land bank; procedure; use of Interlocal Cooperation Act; join by agreement; goal of land bank.

18-3404.
Creation of land bank; procedure; use of Interlocal Cooperation Act; join by agreement; goal of land bank.
(1) A single municipality may create a land bank if the municipality is a city of the metropolitan class or city of the primary class. Such municipality shall create the land bank by the adoption of an ordinance which specifies the following:
(a) The name of the land bank;
(b) The initial individuals to serve as members of the board and the length of terms for which they are to serve; and
(c) The qualifications and terms of office of members of the board.
(2) Two or more municipalities may elect to enter into an agreement pursuant to the Interlocal Cooperation Act to create a single land bank to act on behalf of such municipalities, which agreement shall contain the information required by subsection (1) of this section.
(3) A municipality may elect to join an existing land bank by entering into an agreement pursuant to the Interlocal Cooperation Act with a city of the metropolitan class or city of the primary class that has created a land bank pursuant to subsection (1) of this section or by joining an existing agreement pursuant to the Interlocal Cooperation Act with the municipalities that formed a land bank pursuant to subsection (2) of this section. Agreements entered into or joined under this subsection shall contain the information required by subsection (1) of this section.
(4) Each land bank created pursuant to the Nebraska Municipal Land Bank Act shall be deemed to be a public corporation acting in a governmental capacity and a political subdivision of the state and shall have permanent and perpetual duration until terminated and dissolved in accordance with section 18-3414.
(5) The primary goal of any land bank shall be to facilitate the return of vacant, abandoned, and tax-delinquent properties to productive use.
Source
Laws 2013, LB97, § 4;
R.S.Supp.,2018, § 19-5204;
Laws 2020, LB424, § 4.
Cross References
Interlocal Cooperation Act, see section 13-801.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-3406 - Agents and employees.

18-3406.
Agents and employees.
A land bank may employ such agents and employees, permanent or temporary, as it may require, and may determine the qualifications and fix the compensation and benefits of such persons.
Source
Laws 2013, LB97, § 6;
R.S.Supp.,2018, § 19-5206;
Laws 2020, LB424, § 6.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-3409 - Exemption from taxation.

18-3409.
Exemption from taxation.
The real property of a land bank and the land bank's income and operations are exempt from all taxation by the state or any political subdivision thereof.
Source
Laws 2013, LB97, § 9;
R.S.Supp.,2018, § 19-5209;
Laws 2020, LB424, § 9.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-3411 - Land bank; funding; real property taxes collected on conveyed property; allocation; notice to county treasurer; when required.

18-3411.
Land bank; funding; real property taxes collected on conveyed property; allocation; notice to county treasurer; when required.
(1) A land bank may receive funding through grants and loans from the municipality or municipalities that created the land bank, from other municipalities, from the state, from the federal government, and from other public and private sources.
(2) A land bank may receive and retain payments for services rendered, for rents and leasehold payments received, for consideration for disposition of real and personal property, for proceeds of insurance coverage for losses incurred, for income from investments, and for any other asset and activity lawfully permitted to a land bank under the Nebraska Municipal Land Bank Act.
(3)(a) Except as otherwise provided in subdivision (b) of this subsection, fifty percent of the real property taxes collected on real property conveyed by a land bank pursuant to the laws of this state shall be remitted to the land bank. Such allocation of property tax revenue shall commence with the first taxable year following the date of conveyance and shall continue for a period of five years. Such allocation of property tax revenue shall not occur if such taxes have been divided under section 18-2147 as part of a redevelopment project under the Community Development Law, unless the authority, as defined in section 18-2103, enters into an agreement with the land bank for the remittance of such funds to the land bank.
(b) A land bank may, by resolution of the board, elect not to receive the real property taxes described in subdivision (a) of this subsection for any real property conveyed by the land bank. If such an election is made, the land bank shall notify the county treasurer of the county in which the real property is located by filing a copy of the resolution with the county treasurer, and thereafter the county treasurer shall remit such real property taxes to the appropriate taxing entities.
Source
Laws 2013, LB97, § 11;
R.S.Supp.,2018, § 19-5211;
Laws 2020, LB424, § 11.
Cross References
Community Development Law, see section 18-2101.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-3412 - Land bank; bonds; issuance; procedure; negotiable instruments; tax exempt; liability; termination of power to issue bonds.

18-3412.
Land bank; bonds; issuance; procedure; negotiable instruments; tax exempt; liability; termination of power to issue bonds.
(1) Subject to subsection (7) of this section, a land bank shall have the power to issue bonds for any of its corporate purposes, the principal and interest of which are payable from its revenue generally. Any of such bonds shall be secured by a pledge of any revenue of the land bank or by a mortgage of any property of the land bank.
(2) The bonds issued by a land bank are hereby declared to have all the qualities of negotiable instruments under the Uniform Commercial Code.
(3) The bonds of a land bank and the income therefrom shall at all times be exempt from all taxes imposed by the state or any political subdivision thereof.
(4) Bonds issued by the land bank shall be authorized by resolution of the board and shall be limited obligations of the land bank. The principal and interest, costs of issuance, and other costs incidental thereto shall be payable solely from the income and revenue derived from the sale, lease, or other disposition of the assets of the land bank. Any refunding bonds issued shall be payable from any source described above or from the investment of any of the proceeds of the refunding bonds, and shall not constitute an indebtedness or pledge of the general credit of any municipality within the meaning of any constitutional or statutory limitation of indebtedness and shall contain a recital to that effect. Bonds of the land bank shall be issued in such form, shall be in such denominations, shall bear interest, shall mature in such manner, and shall be executed by one or more members of the board as provided in the resolution authorizing the issuance thereof. Such bonds may be subject to redemption at the option of and in the manner determined by the board in the resolution authorizing the issuance thereof.
(5) Bonds issued by the land bank shall be issued, sold, and delivered in accordance with the terms and provisions of a resolution adopted by the board. The board may sell such bonds in such manner, either at public or private sale, and for such price as it may determine to be in the best interests of the land bank. The resolution issuing bonds shall be published in a newspaper of general circulation within the municipality or municipalities that created the land bank.
(6) Neither the members of the board nor any person executing the bonds shall be liable personally on any such bonds by reason of the issuance thereof. Such bonds or other obligations of a land bank shall not be a debt of any municipality and shall so state on their face, nor shall any municipality nor any revenue or any property of any municipality be liable therefor.
(7) A land bank shall not issue any bonds on or after November 14, 2020.
Source
Laws 2013, LB97, § 12;
R.S.Supp.,2018, § 19-5212;
Laws 2020, LB424, § 12.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-3413 - Board; minutes; record; meetings; public records; reports.

18-3413.
Board; minutes; record; meetings; public records; reports.
(1) The board shall cause minutes and a record to be kept of all its proceedings. Meetings of the board shall be subject to the Open Meetings Act.
(2) All of a land bank's records and documents shall be considered public records for purposes of sections 84-712 to 84-712.09.
(3) The board shall provide monthly reports to the municipality or municipalities that created the land bank on the board's activities pursuant to the Nebraska Municipal Land Bank Act. The board shall also provide an annual report to the municipality or municipalities that created the land bank, the Speaker of the Legislature, the chairperson of the Executive Board of the Legislative Council, the Revenue Committee of the Legislature, and the Urban Affairs Committee of the Legislature by March 1 of each year summarizing the board's activities for the prior calendar year. The reports submitted to the Legislature shall be submitted electronically.
(4) The annual report required under subsection (3) of this section shall include, but not be limited to:
(a) A listing of each property owned by the land bank at the end of the prior calendar year, including how long each such property has been owned by the land bank and whether such property was acquired utilizing the automatically accepted bid under section 18-3417 or 18-3418;
(b) A list of entities and individuals who received more than two thousand five hundred dollars from the land bank in the prior calendar year;
(c) A list of financial institutions in which the land bank has deposited funds;
(d) The percentage of total parcels located in each municipality which are held by the land bank; and
(e) A statement certifying that all board members and employees of the land bank comply with the conflict of interest requirements in sections 18-3407 and 18-3415.
Source
Laws 2013, LB97, § 13;
Laws 2016, LB699, § 3;
R.S.Supp.,2018, § 19-5213;
Laws 2020, LB424, § 13.
Cross References
Open Meetings Act, see section 84-1407.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-3414 - Land bank; dissolution; procedure; notice; assets.

18-3414.
Land bank; dissolution; procedure; notice; assets.
A land bank may be dissolved sixty calendar days after a resolution of dissolution is approved in accordance with this section. For a land bank created pursuant to subsection (1) of section 18-3404, the resolution of dissolution must be approved by two-thirds of the members of the governing body of the municipality that created the land bank. For a land bank created pursuant to subsection (2) or (3) of section 18-3404, the resolution of dissolution must be approved by a majority of the members of the governing body of each municipality that created the land bank. A governing body shall give sixty calendar days' advance written notice of its consideration of a resolution of dissolution by publishing such notice in a newspaper of general circulation within the municipality or municipalities that created the land bank and shall send such notice by certified mail to the trustee of any outstanding bonds of the land bank. Upon dissolution of the land bank, all real property, personal property, and other assets of the land bank shall become the assets of the municipality or municipalities that created the land bank.
Source
Laws 2013, LB97, § 14;
R.S.Supp.,2018, § 19-5214;
Laws 2020, LB424, § 14.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-3415 - Conflicts of interest; board; duties.

18-3415.
Conflicts of interest; board; duties.
(1) No member of the board or employee of a land bank shall acquire any interest, direct or indirect, in real property of the land bank, in any real property to be acquired by the land bank, or in any real property to be acquired from the land bank. No member of the board or employee of a land bank shall have any interest, direct or indirect, in any contract or proposed contract for materials or services to be furnished or used by a land bank. No member of the board or employee of a land bank shall have any interest, direct or indirect, in any investment of the land bank. The restrictions in this subsection shall also apply to a board member's or employee's immediate family and to any business or entity in which the board member or employee has a financial interest.
(2) The board shall adopt:
(a) Rules addressing potential conflicts of interest; and
(b) Ethical guidelines for members of the board and employees of the land bank.
Source
Laws 2013, LB97, § 15;
R.S.Supp.,2018, § 19-5215;
Laws 2020, LB424, § 15.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-3416 - Taxes or special assessments; lien or claim; discharge and extinguishment; procedure; remit payments to county treasurer.

18-3416.
Taxes or special assessments; lien or claim; discharge and extinguishment; procedure; remit payments to county treasurer.
(1) Whenever any real property is acquired by a land bank and is encumbered by a lien or claim for real property taxes or special assessments owed to one or more political subdivisions of the state, the land bank may, by resolution of the board, discharge and extinguish any and all such liens or claims, except that no lien or claim represented by a tax sale certificate held by a private third party shall be discharged or extinguished pursuant to this section. To the extent necessary and appropriate, the land bank shall file in appropriate public records evidence of the extinguishment and dissolution of such liens or claims.
(2) To the extent that a land bank receives payments of any kind attributable to liens or claims for real property taxes or special assessments owed to a political subdivision on property acquired by the land bank, the land bank shall remit the full amount of the payments to the county treasurer of the county that levied such taxes or special assessments for distribution to the appropriate taxing entity.
Source
Laws 2013, LB97, § 16;
R.S.Supp.,2018, § 19-5216;
Laws 2020, LB424, § 16.
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-201 - Toll bridges; licensing; regulation.

19-201.
Toll bridges; licensing; regulation.
The mayor and city council in any city of the metropolitan class or city of the first class shall have power to license and regulate the keeping of toll bridges within or terminating within the city for the passage of persons and property over any river passing wholly or in part within or running by and adjoining the corporate limits of any such city, to fix and determine the rates of toll over any such bridge or over the part thereof within the city, and to authorize the owner or owners of any such bridge to charge and collect the rates of toll so fixed and determined from all persons passing over or using the same.
Source
Laws 1871, § 1, p. 26;
R.S.1913, § 5273;
C.S.1922, § 4496;
C.S.1929, § 19-201;
R.S.1943, § 19-201;
Laws 1969, c. 111, § 1, p. 519;
Laws 2019, LB193, § 10.
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-401 - Act, how cited; commission plan; population requirement.

19-401.
Act, how cited; commission plan; population requirement.
Sections 19-401 to 19-433 shall be known and may be cited as the Municipal Commission Plan of Government Act.
Any city in this state having not less than two thousand inhabitants as determined by the most recent federal decennial census or the most recent revised certified count by the United States Bureau of the Census may adopt the commission plan of government and be governed thereunder as provided in the act.
Source
Laws 1911, c. 24, § 1, p. 150;
R.S.1913, § 5288;
Laws 1919, c. 35, § 1, p. 113;
C.S.1922, § 4511;
Laws 1923, c. 141, § 1, p. 344;
C.S.1929, § 19-401;
R.S.1943, § 19-401;
Laws 2017, LB113, § 23;
Laws 2019, LB193, § 11.
Annotations
Laws 1911, Chapter 24 (sections 19-401 to 19-433), is an act complete in itself, and the constitutional provision respecting the manner of amendment and repeal of former statutes has no application. State ex rel. Baughn v. Ure, 91 Neb. 31, 135 N.W. 224 (1912).
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-402 - Commission plan; petition for adoption; election; ballot form.

19-402.
Commission plan; petition for adoption; election; ballot form.
If a petition to adopt the commission plan of government is filed with the city clerk of any city meeting the requirements of section 19-401, signed by registered voters equal in number to at least twenty-five percent of the votes cast for all candidates for mayor at the last preceding general city election, the mayor of the city shall, within twenty days after such filing, call and proclaim a special election to be held upon a date fixed in such proclamation, which date shall not be less than fifteen nor more than sixty days after the date and issuance of such proclamation. After the filing of any petition provided for in this section, no signer of such petition shall be permitted to withdraw his or her name from such petition. At such special election the proposition of adopting the commission plan of government shall be submitted to the registered voters of the city, and such proposition shall be stated as follows: Shall the city of (name of city) adopt the commission plan of city government? The special election shall be held and conducted, the vote canvassed, and the result declared in the same manner as provided for the holding and conducting of the general city election in any such city. All officers charged with any duty respecting the calling, holding, and conducting of such general city election shall perform such duties for and at such special election.
Source
Laws 1911, c. 24, § 2, p. 150;
R.S.1913, § 5289;
Laws 1919, c. 35, § 1, p. 113;
C.S.1922, § 4512;
C.S.1929, § 19-402;
R.S.1943, § 19-402;
Laws 1994, LB 76, § 507;
Laws 2019, LB193, § 12.
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-403 - Commission plan; proposal for adoption; frequency.

19-403.
Commission plan; proposal for adoption; frequency.
If the proposition of adopting the commission plan of government is not adopted at the special election under section 19-402 by a majority vote, the question of adopting it shall not be again submitted in the same city within two years thereafter.
Source
Laws 1911, c. 24, § 3, p. 151;
R.S.1913, § 5290;
C.S.1922, § 4513;
C.S.1929, § 19-403;
R.S.1943, § 19-403;
Laws 2019, LB193, § 13.
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-404 - Adoption of commission plan; effect.

19-404.
Adoption of commission plan; effect.
If the proposition under section 19-402 is adopted for the commission plan of government at least sixty days prior to the next general city election in the city, then at the next general city election provided by law in such city, city council members shall be elected as provided in section 32-539. If the proposition is not adopted at least sixty days prior to the date of holding the next general city election in such city, then such city shall continue to be governed under its existing laws until city council members are elected as provided in section 32-539 at the next general city election thereafter occurring in such city.
Source
Laws 1911, c. 24, § 4, p. 151;
Laws 1913, c. 21, § 1, p. 85;
R.S.1913, § 5291;
Laws 1919, c. 35, § 1, p. 114;
C.S.1922, § 4514;
Laws 1923, c. 141, § 2, p. 345;
C.S.1929, § 19-404;
R.S.1943, § 19-404;
Laws 1955, c. 55, § 2, p. 176;
Laws 1969, c. 257, § 14, p. 937;
Laws 1979, LB 281, § 1;
Laws 1979, LB 80, § 37;
Laws 1994, LB 76, § 508;
Laws 2019, LB193, § 14.
Annotations
It was not necessary or proper to elect a Tax Commissioner in Lincoln inasmuch as Lincoln operated under the home rule charter plan of the commission form of government. Eppley Hotels Co. v. City of Lincoln, 133 Neb. 550, 276 N.W. 196 (1937).
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-405 - City council members; nomination; candidate filing form; primary election; waiver.

19-405.
City council members; nomination; candidate filing form; primary election; waiver.
(1) Any person desiring to become a candidate for the office of city council member under the commission plan of government shall file a candidate filing form as provided in sections 32-606 and 32-607 and pay the filing fee as provided in section 32-608.
(2) Candidates for city council under the commission plan of government shall be nominated at large either at the statewide primary election or by filing a candidate filing form if there are not more than two candidates who have filed for each position or if the city council waives the requirement for a primary election.
(3) The city council may waive the requirement for a primary election by adopting an ordinance prior to January 5 of the year in which the primary election would have been held. If the city council waives the requirement for a primary election, all candidates filing candidate filing forms by August 1 prior to the date of the general election as provided in subsection (2) of section 32-606 shall be declared nominated. If the city council does not waive the requirement for a primary election and if there are not more than two candidates filed for each position to be filled, all candidates filing candidate filing forms by the deadline prescribed in subsection (1) of section 32-606 shall be declared nominated as provided in subsection (1) of section 32-811 and their names shall not appear on the primary election ballot.
Source
Laws 1911, c. 24, § 5, p. 152;
Laws 1913, c. 21, § 2, p. 86;
R.S.1913, § 5292;
Laws 1919, c. 35, § 1, p. 115;
C.S.1922, § 4515;
Laws 1923, c. 141, § 3, p. 345;
C.S.1929, § 19-405;
R.S.1943, § 19-405;
Laws 1969, c. 112, § 1, p. 519;
Laws 1969, c. 257, § 15, p. 938;
Laws 1979, LB 80, § 38;
Laws 1989, LB 327, § 1;
Laws 1994, LB 76, § 509;
Laws 1999, LB 250, § 1;
Laws 2019, LB193, § 15.
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-406 - Mayor and city council members; election.

19-406.
Mayor and city council members; election.
Elections for officers listed in section 19-415 shall be conducted as provided in the Election Act. The positions for which candidates are to be nominated or elected shall appear on the ballot in the order listed in section 19-415.
Source
Laws 1911, c. 24, § 5, p. 153;
Laws 1913, c. 21, § 2, p. 87;
R.S.1913, § 5292;
Laws 1919, c. 35, § 1, p. 116;
C.S.1922, § 4515;
Laws 1923, c. 141, § 3, p. 346;
C.S.1929, § 19-405;
R.S.1943, § 19-406;
Laws 1969, c. 112, § 2, p. 520;
Laws 1979, LB 80, § 39;
Laws 1989, LB 327, § 2;
Laws 1994, LB 76, § 510.
Cross References
Election Act, see section 32-101.
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-409 - City council members; candidates; terms.

19-409.
City council members; candidates; terms.
(1) In a city under the commission plan of government, the two candidates for city council member receiving the highest number of votes at the primary election shall be placed upon the official ballot for such position at the statewide general election. If no candidates appeared on the primary election ballot or if the city council waived the primary election under section 19-405, all persons filing pursuant to section 19-405 shall be the only candidates whose names shall be placed upon the official ballot for such position at the statewide general election.
(2) Terms for city council members under the commission plan of government shall begin on the date of the first regular meeting of the city council in December following the statewide general election. The changes made to this section by Laws 1999, LB 250, shall not change the staggering of the terms of city council members in cities that have adopted the commission plan of government prior to January 1, 1999.
Source
Laws 1911, c. 24, § 7, p. 155;
Laws 1913, c. 21, § 3, p. 88;
R.S.1913, § 5294;
C.S.1922, § 4517;
Laws 1923, c. 141, § 5, p. 348;
C.S.1929, § 19-407;
R.S.1943, § 19-409;
Laws 1969, c. 112, § 4, p. 522;
Laws 1979, LB 80, § 41;
Laws 1989, LB 327, § 3;
Laws 1994, LB 76, § 512;
Laws 1999, LB 250, § 2;
Laws 2019, LB193, § 16.
Annotations
The provision that the only candidates whose names shall be placed upon the official ballot at the city election means that these are the only candidates whose names shall be printed on the official ballot, and there is no prohibition against any voter inserting the names of such other persons as he may desire to vote for. State ex rel. Zeilinger v. Thompson, 134 Neb. 739, 279 N.W. 462 (1938).
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-411 - City council members; bonds; vacancies, how filled.

19-411.
City council members; bonds; vacancies, how filled.
The city council members in a city under the commission plan of government shall qualify and give bond in the manner and amount provided by the existing laws governing the city in which they are elected. If any vacancy occurs in the office of city council member, the vacancy shall be filled as provided in section 32-568. The terms of office of all other elective or appointive officers in force within or for any such city shall cease as soon as the city council selects or appoints their successors and such successors qualify and give bond as by law provided or as soon as such city council by resolution declares the terms of any such elective or appointive officers at an end or abolishes or discontinues any of such offices.
Source
Laws 1911, c. 24, § 9, p. 156;
Laws 1913, c. 21, § 5, p. 89;
R.S.1913, § 5296;
C.S.1922, § 4519;
C.S.1929, § 19-409;
R.S.1943, § 19-411;
Laws 1969, c. 257, § 17, p. 941;
Laws 1979, LB 80, § 43;
Laws 1990, LB 853, § 3;
Laws 1994, LB 76, § 513;
Laws 2019, LB193, § 17.
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-412 - Officers; employees; compensation.

19-412.
Officers; employees; compensation.
(1) The officers and employees of a city under the commission plan of government shall receive such compensation as the mayor and city council shall fix by ordinance.
(2) The salary of any elective officer in a city under the commission plan of government shall not be increased or diminished during the term for which he or she was elected, except that when there are officers elected to a city council, board, or commission having more than one member and the terms of one or more members commence and end at different times, the compensation of all members of such city council, board, or commission may be increased or diminished at the beginning of the full term of any member thereof. No person who has resigned or vacated any office shall be eligible to be elected or appointed to such office during the time for which he or she was elected when, during the same time, the salary has been increased.
(3) The salary or compensation of all other officers or employees of a city under the commission plan of government shall be determined when they are appointed or elected by the city council, board, or commission and shall be payable at such times or for such periods as the city council, board, or commission shall determine.
Source
Laws 1911, c. 24, § 10, p. 157;
Laws 1913, c. 21, § 6, p. 90;
R.S.1913, § 5297;
Laws 1915, c. 97, § 1, p. 239;
C.S.1922, § 4520;
Laws 1923, c. 141, § 6, p. 349;
C.S.1929, § 19-410;
Laws 1943, c. 37, § 1, p. 179;
R.S.1943, § 19-412;
Laws 1951, c. 21, § 1, p. 105;
Laws 1979, LB 80, § 44;
Laws 1992, LB 950, § 1;
Laws 2019, LB193, § 18.
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-413 - City council; powers.

19-413.
City council; powers.
The city council in a city under the commission plan of government shall have, possess, and exercise, by itself or through such methods as it may provide, all executive or legislative or judicial powers and duties previously held, possessed, or exercised under the then existing laws governing such city, by the mayor, mayor and city council, water commissioners, water board, water and light commissioner, board of fire and police commissioners, park commissioners, or park board. The powers, duties, and office of all such boards and the members thereof shall cease and terminate, and the powers and duties and officers of all other boards created by statute for the government of any such city shall also cease and terminate. Nothing contained in this section shall be so construed as to interfere with the powers, duties, authority, and privileges that have been, are, or may be hereafter conferred and imposed upon the water board in cities of the metropolitan class as prescribed by law nor of any office or officer named in the Constitution of Nebraska exercising office, powers, or functions within any such city. Such city council, upon taking office, shall have and may exercise all executive or legislative or judicial powers possessed or exercised by any other officer or board provided by law for or within any such city, except officers named in the Constitution of Nebraska.
Source
Laws 1911, c. 24, § 11, p. 158;
Laws 1913, c. 21, § 7, p. 91;
R.S.1913, § 5298;
C.S.1922, § 4521;
Laws 1923, c. 141, § 7, p. 350;
C.S.1929, § 19-411;
R.S.1943, § 19-413;
Laws 2019, LB193, § 19.
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-414 - City council; departments; assignment of duties.

19-414.
City council; departments; assignment of duties.
The executive and administrative powers, authorities, and duties in cities adopting the commission plan of government shall be distributed into and among departments as follows:
In cities of the metropolitan class, (1) finance, (2) fire, (3) human resources, (4) human rights and relations, (5) law, (6) parks, recreation, and public property, (7) planning, (8) police, and (9) public works;
In cities of the primary class, (1) department of public affairs, (2) department of accounts and finances, (3) department of public safety, (4) department of streets and public improvements, and (5) department of parks and public property; and
In cities containing two thousand or more and not more than forty thousand inhabitants as determined by the most recent federal decennial census or the most recent revised certified count by the United States Bureau of the Census, (1) department of public affairs and public safety, (2) department of accounts and finances, (3) department of streets, public improvements, and public property, (4) department of public works, and (5) department of parks and recreation.
The city council shall provide, as nearly as possible, the powers and duties to be exercised and performed by, and assign them to, the appropriate departments. The city council may prescribe the powers and duties of all officers and employees of the city and may assign particular officers, or employees, to more than one of the departments, may require any officer or employee to perform duties in two or more of the departments, and may make such other rules and regulations as may be necessary or proper for the efficient and economical management of the business affairs of the city.
Source
Laws 1911, c. 24, § 11, p. 159;
Laws 1913, c. 21, § 7, p. 92;
R.S.1913, § 5298;
C.S.1922, § 4521;
Laws 1923, c. 141, § 7, p. 351;
C.S.1929, § 19-411;
R.S.1943, § 19-414;
Laws 1955, c. 55, § 3, p. 179;
Laws 1979, LB 281, § 3;
Laws 2017, LB113, § 24;
Laws 2022, LB800, § 328.
Annotations
The general plan of the commission form of government has been followed in Lincoln under the home rule charter. Eppley Hotels Co. v. City of Lincoln, 133 Neb. 550, 276 N.W. 196 (1937).
The fact that an officer had been in the habit of employing men in the past does not override the provision of the statute unless it had previously been agreed to by the city commissioner. Scott v. City of Lincoln, 104 Neb. 546, 178 N.W. 203 (1920).
The power to fix salaries of police officers and members of the fire department in cities of the metropolitan class was not included in this section. Adams v. City of Omaha, 101 Neb. 690, 164 N.W. 714 (1917).
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-415 - Mayor; city council members; powers and duties; heads of departments.

19-415.
Mayor; city council members; powers and duties; heads of departments.
(1) In cities under the commission plan of government containing at least forty thousand and less than four hundred thousand inhabitants as determined by the most recent federal decennial census or the most recent revised certified count by the United States Bureau of the Census, the city council shall consist of the mayor who shall be superintendent of the department of public affairs, one city council member to be superintendent of the department of accounts and finances, one city council member to be superintendent of the department of public safety, one city council member to be superintendent of the department of streets and public improvements, and one city council member to be superintendent of the department of parks and public property.
(2) In cities under the commission plan of government containing at least two thousand and less than forty thousand inhabitants as determined by the most recent federal decennial census or the most recent revised certified count by the United States Bureau of the Census, the city council shall consist of the mayor who shall be commissioner of the department of public affairs and public safety, one city council member to be commissioner of the department of streets, public improvements, and public property, one city council member to be commissioner of the department of public accounts and finances, one city council member to be commissioner of the department of public works, and one city council member to be commissioner of the department of parks and recreation.
(3) In all cities described in this section, the commissioner of the department of accounts and finances shall be vice president of the city council and shall, in the absence or inability of the mayor to serve, perform the duties of the mayor. In case of vacancy in the office of mayor by death or otherwise, the vacancy shall be filled as provided in section 32-568.
Source
Laws 1911, c. 24, § 12, p. 160;
R.S.1913, § 5299;
C.S.1922, § 4522;
Laws 1923, c. 141, § 8, p. 352;
C.S.1929, § 19-412;
R.S.1943, § 19-415;
Laws 1963, c. 89, § 1, p. 299;
Laws 1969, c. 112, § 6, p. 523;
Laws 1979, LB 80, § 45;
Laws 1979, LB 281, § 4;
Laws 1994, LB 76, § 514;
Laws 2017, LB113, § 25;
Laws 2019, LB193, § 20;
Laws 2022, LB800, § 329;
Laws 2022, LB820, § 4.
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-417 - Offices and boards; creation; discontinuance.

19-417.
Offices and boards; creation; discontinuance.
The city council in a city under the commission plan of government shall have power to discontinue any employment or abolish any office at any time, when, in the judgment of the city council, such employment or office is no longer necessary. The city council shall have power, at any time and at any meeting, to create any office or board it deems necessary, including the office of city manager, and fix salaries. The city council may create a board of three or more members composed of other officers of the city and confer upon such board any power not required to be exercised by the city council itself. The city council may require such officers to serve upon any such board and perform the services required of it with or without any additional pay for such additional service.
Source
Laws 1911, c. 24, § 14, p. 162;
R.S.1913, § 5301;
Laws 1919, c. 35, § 1, p. 116;
C.S.1922, § 4524;
C.S.1929, § 19-414;
R.S.1943, § 19-417;
Laws 2019, LB193, § 22.
Annotations
For reasons of economy or lack of public necessity for services of a policeman, the city authorities may, when they see fit, terminate his employment, and he has no right to a statutory hearing upon the question of whether the public welfare requires a continuance of a full police force, or whether or not the revenues available are adequate for the payment of his salary. Rooney v. City of Omaha, 105 Neb. 447, 181 N.W. 143 (1920).