reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-121 - Annexation; validation.

16-121.
Annexation; validation.
Whenever a city of the first class lawfully reannexes territory which it had formerly annexed but which annexation was illegal because the statutes under which such original annexation was made were unconstitutional and void, (1) all contracts for public improvements, warrants and bonds issued by the city of the first class with respect to such territory and all payments made thereon shall thereby be validated, binding and legal upon such city of the first class in the same manner and with the same effect as if the original annexation had been lawful, (2) all obligations of any sanitary and improvement district assumed by a city of the first class with respect to such territory shall thereby be validated, binding and legal upon such city of the first class in the same manner and with the same effect as if the original annexation had been lawful, and (3) such city of the first class may issue bonds under the appropriate statutes relating to public improvements to refund the warrants, warrant interest and any unpaid cost with respect to public improvements referred to in subdivision (1) of this section in the same manner and with the same effect as if the original annexation had been lawful.
Source
Laws 1967, c. 61, § 1, p 209.
Annotations
United States had no standing to contest validity of former annexation of land not owned. United States v. City of Bellevue, 334 F.Supp. 881 (D. Neb. 1971).
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-122 - Annexation of city of the second class or village; conditions.

16-122.
Annexation of city of the second class or village; conditions.
In addition to existing annexation powers, the mayor and city council of any city of the first class may by ordinance annex any village or city of the second class which is entirely surrounded by such city of the first class, if the following conditions exist:
(1) The city has water mains adjacent to the village or city of the second class which are available for extension into and have capacity to serve the village or city of the second class;
(2) The city has sanitary sewer lines adjacent to the village or city of the second class which are available for extension into and have capacity to serve the village or city of the second class;
(3) The city has water and sewer treatment facilities which have the capacity to serve the village or city of the second class; and
(4) The city has police, fire, and snow removal facilities which have the capacity to serve the village or city of the second class.
In determining whether a village or city of the second class is entirely surrounded by a city for annexation purposes, any land adjacent to the village or city of the second class which is legally immune from annexation by either the city or the village, or city of the second class, shall not be considered if the village or city of the second class is otherwise surrounded by the city.
Source
Laws 1969, c. 72, § 1, p. 394;
Laws 2016, LB704, § 10.
Annotations
The requirement that the annexing city have sewer treatment facilities with capacity to serve the city annexed was to insure the residents of the annexed city sewer treatment service. City of Parkview v. City of Grand Island, 188 Neb. 267, 196 N.W.2d 197 (1972).
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-123 - Annexation; powers; when restricted.

16-123.
Annexation; powers; when restricted.
Notwithstanding the powers granted by section 16-122, no village or city of the second class may be annexed by a city of the first class when such village or city of the second class has its own sewage disposal plant, sewage disposal system, water well, water tower, water distribution system, and electrical distribution system or contracts for such services and facilities with an entity or entities other than such city of the first class.
Source
Laws 1969, c. 72, § 2, p. 395.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-124 - Annexation; succession to property, contracts, obligations, and choses in action.

16-124.
Annexation; succession to property, contracts, obligations, and choses in action.
Whenever any city of the first class extends its boundaries so as to annex any village or city of the second class, the charter, laws, ordinances, powers, and government of such city of the first class shall at once extend over the territory within any village or city of the second class so annexed. Such city of the first class shall succeed to all the property and property rights of every kind, contracts, obligations, and choses in action of every kind held by or belonging to the village or city of the second class so annexed, and it shall be liable for and assume and carry out all valid contracts, obligations, franchises, and licenses of any such village or city of the second class so annexed. Any obligations incurred by such village or city of the second class for water, paving, sewer, or sewer treatment purposes shall remain the obligation of the real property in such village or city of the second class as its boundaries existed immediately prior to such annexation. Such village or city of the second class so annexed shall be deemed fully compensated by virtue of such annexation and the assumption of its obligations and contracts for all its property and property rights of every kind so acquired.
Source
Laws 1969, c. 72, § 3, p. 395;
Laws 2016, LB704, § 11.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-125 - Annexation; taxes, assessments, fines, licenses, fees, claims, demands; paid to and collection by city of the first class.

16-125.
Annexation; taxes, assessments, fines, licenses, fees, claims, demands; paid to and collection by city of the first class.
All taxes, assessments, fines, licenses, fees, claims, and demands of every kind assessed or levied against persons or property within any village or city of the second class annexed under section 16-122 shall be paid to and collected by the city of the first class.
Source
Laws 1969, c. 72, § 4, p. 395;
Laws 2016, LB704, § 12.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-126 - Taxes and special assessments; annexation; effect.

16-126.
Taxes and special assessments; annexation; effect.
All taxes and special assessments which a village or city of the second class annexed under section 16-122 was authorized to levy or assess and which are not levied or assessed at the time of such annexation for any kind of public improvements made or in process of construction or contracted for, may be levied or assessed by the city of the first class. Such city of the first class shall have power to reassess or relevy all special assessments or taxes levied or assessed by any such village or city of the second class so annexed where such village or city of the second class is authorized to make reassessments or relevies of such taxes and assessments.
Source
Laws 1969, c. 72, § 5, p. 395;
Laws 2016, LB704, § 13.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-127 - Annexation; pending actions at law or in equity; prosecution and defense by city of the first class.

16-127.
Annexation; pending actions at law or in equity; prosecution and defense by city of the first class.
All actions at law or in equity pending in any court in favor of or against any village or city of the second class annexed under section 16-122 at the time such annexation takes effect shall be prosecuted by or defended by the city of the first class. All rights of action existing against any village or city of the second class annexed under section 16-122 at the time of such annexation or accruing thereafter on account of any transaction had with or under any law or ordinance of such village or city of the second class may be prosecuted against the city of the first class.
Source
Laws 1969, c. 72, § 6, p. 396;
Laws 2016, LB704, § 14.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-128 - Annexation; records, books, bonds, funds, and property; property of city of the first class; officers; termination.

16-128.
Annexation; records, books, bonds, funds, and property; property of city of the first class; officers; termination.
All officers of any village or city of the second class annexed under section 16-122 having books, papers, records, bonds, funds, effects, or property of any kind under their control belonging to any such village or city of the second class, shall upon taking effect of such annexation deliver the books, papers, records, bonds, funds, effects, or property to the respective officers of the city of the first class as may be by law or ordinance or limitation of such city entitled or authorized to receive such items. Upon such annexation taking effect, the terms and tenure of all offices and officers of any such village or city of the second class shall terminate and entirely cease.
Source
Laws 1969, c. 72, § 7, p. 396;
Laws 2016, LB704, § 15.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-201 - General powers.

16-201.
General powers.
Each city of the first class shall be a body corporate and politic and shall have power (1) to sue and be sued, (2) to purchase, lease, lease with option to buy, or acquire by gift or devise and to hold real and personal property within or without the limits of the city and real estate sold for taxes for the use of the city in such manner and upon such terms and conditions as may be deemed in the best interests of the city, (3) to sell and convey, exchange, or lease any real or personal property owned by the city, including park land, in such manner and upon such terms and conditions as may be deemed in the best interests of the city, except that real estate owned by the city may be conveyed without consideration to the State of Nebraska for state veterans' cemetery sites or state armory sites or, if acquired for state armory sites, shall be conveyed in the manner strictly as provided in sections 18-1001 to 18-1006, (4) to make all contracts and do all other acts in relation to the property and concerns of the city necessary to the exercise of its corporate powers, and (5) to exercise such other and further powers as may be conferred by law.
Source
Laws 1901, c. 18, § 8, p. 230;
R.S.1913, § 4816;
C.S.1922, § 3984;
C.S.1929, § 16-201;
Laws 1935, Spec. Sess., c. 10, § 6, p. 74;
Laws 1941, c. 130, § 12, p. 497;
C.S.Supp.,1941, § 16-201;
R.S.1943, § 16-201;
Laws 1963, c. 60, § 1, p. 252;
Laws 1965, c. 48, § 1, p. 248;
Laws 1971, LB 5, § 1;
Laws 1975, LB 150, § 1;
Laws 1988, LB 793, § 3;
Laws 2020, LB911, § 2.
Annotations
Where the population of city of first class, as shown by the last United States census, drops below the numerical requirement for such class, it becomes a city of second class. State ex rel. Cashman v. Carmean, 138 Neb. 819, 295 N.W. 801 (1941).
Cities of the first class, which adopt a "home rule" charter, possess no power to remit or cancel interest or penalties on special taxes, though such cities have power to sue and be sued, to make contracts and do all acts in relation to property and concerns of the city, necessary to exercise its corporate functions. Falldorf v. City of Grand Island, 138 Neb. 212, 292 N.W. 598 (1940).
City has authority, by ordinance, to make all rules and regulations, not inconsistent with state laws, as are expedient, but council's discretion in such matters must be exercised, in a reasonable and not an arbitrary and discriminating manner. State ex rel. Andruss v. Mayor & Council of City of North Platte, 120 Neb. 413, 233 N.W. 4 (1930).
The city's allowance of a claim will not be set aside by suit of a taxpayer, where the city retains the property, though the manner of entering into said contract was irregular and defective, and where there was no fraud, or lack of consideration. Stickel Lumber Co. v. City of Kearney, 103 Neb. 636, 173 N.W. 595 (1919).
Municipality possesses only such powers as are expressly conferred by statute, or as are necessary to carry into effect the powers enumerated. State ex rel. Ransom v. Irey, 42 Neb. 186, 60 N.W. 601 (1894).
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-203 - Property tax; levy; amount.

16-203.
Property tax; levy; amount.
A city of the first class may levy taxes for general revenue purposes in any one year, not exceeding forty-two cents on each one hundred dollars upon the taxable value of all the taxable property in the limits of such city. This section shall not be construed so as to affect the limitation on maximum annual levies for all municipal purposes in the city in any one year as set forth in section 16-702.
Source
Laws 1901, c. 18, § 48, I, p. 245;
Laws 1901, c. 19, § 3, p. 307;
R.S.1913, § 4819;
C.S.1922, § 3987;
C.S.1929, § 16-204;
Laws 1937, c. 28, § 1, p. 150;
C.S.Supp.,1941, § 16-204;
R.S.1943, § 16-203;
Laws 1945, c. 20, § 1, p. 127;
Laws 1947, c. 29, § 1, p. 136;
Laws 1953, c. 287, § 7, p. 933;
Laws 1979, LB 187, § 38;
Laws 1992, LB 719A, § 41.
Annotations
In absence of a limitation in the act granting it authority to issue bonds, the city has power to levy sufficient taxes to pay the same, and a judgment against the city for the amount of the bonds, puts the question of authority to levy the tax to pay such bonds to rest, and mandamus will enforce such levy. United States ex rel. Masslich v. Saunders, 124 F. 124 (8th Cir. 1903).
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-204 - Other taxes; power to levy.

16-204.
Other taxes; power to levy.
A city of the first class may levy any other tax or special assessment authorized by law, and appropriate money and provide for the payment of the debts and expenses of the city.
Source
Laws 1901, c. 18, § 48, II, p. 245;
R.S.1913, § 4820;
C.S.1922, § 3988;
C.S.1929, § 16-205;
R.S.1943, § 16-204.
Annotations
While the burden is upon he who denies a lien for general taxes, to prove them void, yet he who seeks to enforce a lien for special taxes, has the burden of proving their validity. Farmer L. & T. Co. v. Hastings, 2 Neb. Unof. 337, 96 N.W. 104 (1902).
In absence of limitation in the act granting it authority to issue bonds, the city has power to levy sufficient taxes to pay the same, and a judgment against the city for the amount of the bonds, puts the question of authority to levy the tax to pay such bonds to rest, and mandamus will enforce such levy. United States ex rel. Masslich v. Saunders, 124 F. 124 (8th Cir. 1903).
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-206 - Dogs and other animals; regulation; license tax; enforcement.

16-206.
Dogs and other animals; regulation; license tax; enforcement.
A city of the first class may collect a license tax from the owners and harborers of dogs and other animals in an amount which shall be determined by the city council and enforce the license tax by appropriate penalties. Any licensing provision shall comply with subsection (2) of section 54-603 for service animals. The city may cause the destruction of any dog or other animal for which the owner or harborer shall refuse or neglect to pay such license tax. The city may regulate, license, or prohibit the running at large of dogs and other animals and guard against injuries or annoyances therefrom and authorize the destruction of such dogs and other animals when running at large contrary to any ordinance.
Source
Laws 1901, c. 18, § 48, X, p. 247;
R.S.1913, § 4822;
C.S.1922, § 3990;
C.S.1929, § 16-207;
R.S.1943, § 16-206;
Laws 1959, c. 59, § 1, p. 253;
Laws 1971, LB 478, § 1;
Laws 1981, LB 501, § 3;
Laws 1997, LB 814, § 4;
Laws 2008, LB806, § 3;
Laws 2016, LB704, § 18.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-207 - Streets and sidewalks; removal of obstructions; trees; declaration of nuisance; procedure; special assessment.

16-207.
Streets and sidewalks; removal of obstructions; trees; declaration of nuisance; procedure; special assessment.
(1) A city of the first class may by ordinance provide for the removal of all obstructions from the sidewalks, curbstones, gutters, and crosswalks at the expense of the owners or occupants of the grounds fronting thereon or at the expense of the person placing the obstruction and may require and regulate the planting and protection of shade trees in and along the streets and the trimming and removing of the trees.
(2) A city of the first class may by ordinance declare it to be a nuisance for a property owner to permit, allow, or maintain any dead or diseased trees within the right-of-way of streets within the corporate limits of the city or within its extraterritorial zoning jurisdiction. Notice to abate and remove such nuisance and notice of the right to a hearing and the manner in which it may be requested shall be given to each owner or owner's duly authorized agent and to the occupant, if any. The city shall establish the method of notice by ordinance. If notice is given by first-class mail, such mail shall be conspicuously marked as to its importance. Within five days after receipt of such notice, the owner or occupant of the lot or piece of ground may request a hearing with the city to appeal the decision to abate or remove the nuisance by filing a written appeal with the office of the city clerk. A hearing on the appeal shall be held within fourteen days after the filing of the appeal and shall be conducted by an elected or appointed officer as designated in the ordinance. The hearing officer shall render a decision on the appeal within five business days after the conclusion of the hearing. If the appeal fails, the city may have the work done to abate and remove the dead or diseased trees. If the owner or occupant of the lot or piece of ground does not request a hearing with the city within five days after receipt of such notice or fails to comply with the order to abate and remove the nuisance, the city may have such work done. The city may levy and assess all or any portion of the costs and expenses of the work upon the lot or piece of ground so benefited as a special assessment.
(3) The city may also regulate the building of bulkheads, cellars, basements, ways, stairways, railways, windows, doorways, awnings, lampposts, awning posts, and all other structures projecting upon or over any adjoining excavation through and under the sidewalks in the city.
Source
Laws 1901, c. 18, § 48, XI, p. 247;
R.S.1913, § 4823;
C.S.1922, § 3991;
C.S.1929, § 16-208;
R.S.1943, § 16-207;
Laws 1994, LB 695, § 5;
Laws 2015, LB266, § 5;
Laws 2015, LB361, § 17;
Laws 2016, LB703, § 1;
Laws 2016, LB704, § 19.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-209 - Transportation of freight; regulation.

16-209.
Transportation of freight; regulation.
A city of the first class by ordinance may regulate the transportation of articles through the streets, and prevent injuries to the streets from overloaded vehicles.
Source
Laws 1901, c. 18, § 48, XIII, p. 248;
R.S.1913, § 4825;
C.S.1922, § 3993;
C.S.1929, § 16-210;
R.S.1943, § 16-209.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-210 - Streets and sidewalks; use; safety regulations.

16-210.
Streets and sidewalks; use; safety regulations.
A city of the first class may prevent and remove all encroachments into and upon all sidewalks, streets, avenues, alleys, and other city property, and prevent and punish all horseracing, fast driving or riding in the streets, highways, alleys, bridges or places in the city, and all games, practices or amusements therein likely to result in damage to any person or property. It may regulate, prevent, and punish the operation of vehicles or the riding, driving or passing of animals over or upon any streets or sidewalks of the city; regulate and prevent the use of streets, sidewalks, and public grounds for signs, sign posts, awnings, telegraph, telephone or other poles, racks, bulletin boards, and the posting of handbills and advertisements; regulate traffic and sale upon the streets, sidewalks and public places; punish and prohibit cruelty to animals; and regulate and prevent the moving of buildings through or upon the streets.
Source
Laws 1901, c. 18, § 48, XIV, p. 248;
R.S.1913, § 4826;
C.S.1922, § 3994;
C.S.1929, § 16-211;
R.S.1943, § 16-210;
Laws 1967, c. 67, § 1, p. 219.
Annotations
Where the Legislature has provided a limitation upon the speed of vehicles, the city, by ordinance, may make further restrictions, if the same are reasonable and made necessary by the circumstances, and such ordinances do not prohibit or restrict the free use of the streets. Christensen v. Tate, 87 Neb. 848, 128 N.W. 622 (1910).
Prior to the enactment of this section in 1901, the fee of the streets was in the city in trust for public use, and such city could not sell or permanently obstruct them, without compensation being paid owners of property specially injured thereby. Omaha & R. V. R. R. Co. v. Rogers, 16 Neb. 117, 19 N.W. 603 (1884); Burlington & M. R. R. Co. v. Reinhackle, 15 Neb. 279, 18 N.W. 69 (1883), 48 Am. R. 342 (1883).
A purchaser of a tract by metes and bounds is not entitled to an injunction to restrain claimant from enclosing an alley, where the addition from which purchaser obtained his tract, was not platted, dedicated nor conveyed to public. Bushman v. Gibson, 15 Neb. 676, 20 N.W. 106 (1884).
Court will not by mandamus compel city to remove building temporarily placed in the street, which placement was reasonable and necessary for the erection of a building upon an adjoining lot, provided, the obstruction was not unreasonably prolonged. State ex rel. Beatty v. City of Omaha, 14 Neb. 265, 15 N.W. 210 (1883), 45 Am. R. 108 (1883).
City is primarily liable for injury, though it has recourse from owner, where owner let a contract for excavation of a sidewalk space, and where by reason of the acts of negligence of the contractor in making such excavation, the plaintiff was injured. Palmer v. City of Lincoln, 5 Neb. 136, 25 Am. R. 470 (1876).
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-211 - Railroads; depots; power to regulate.

16-211.
Railroads; depots; power to regulate.
A city of the first class by ordinance may regulate levees, depots, depot grounds, and places for storing freight and goods, and provide for and regulate the passage of railways through the streets and public grounds of the city, reserving the rights of all persons injured thereby.
Source
Laws 1901, c. 18, § 48, XV, p. 248;
R.S.1913, § 4827;
C.S.1922, § 3995;
C.S.1929, § 16-212;
R.S.1943, § 16-211.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-212 - Railroads; safety regulations; power to prescribe.

16-212.
Railroads; safety regulations; power to prescribe.
A city of the first class by ordinance may regulate the crossing of railway tracks and provide precautions and prescribe rules regulating the same, regulate the running of railway engines, cars, and trucks within the limits of such city, and prescribe rules relating thereto, and govern the speed thereof, and make other and further provisions, rules, and restrictions to prevent accidents at the crossings and on the tracks of railways, and to prevent fires from engines. A city of the first class may regulate and prescribe the manner of running street cars, require the heating and cleaning of such cars, and fix and determine the fare charged, require the lighting of any railways within the city in such manner as the city shall prescribe, and fix and determine the number, style, and size of the lampposts, burners, lamps, and all other fixtures and apparatus necessary for such lighting, and the points of location for such lampposts. If the company owning or operating such railways shall fail to comply with such requirements, the city council may cause such requirements to be complied with by giving notice of such action and may assess the expense of complying with such requirements against such company, and the expense shall constitute a lien on any real estate belonging to such company, and lying within such city, and may be collected in the same manner as taxes for general purposes. The city may (1) require railroad companies to keep flagmen at all railroad crossings of streets, and provide protection against injury to persons and property in the use of such railroads, (2) compel any railroad to raise or lower their railroad tracks to conform to the general grade, which may at any time be established by such city, and where such tracks run lengthwise through or over any street, alley, or highway, to keep the tracks level with the street surface, and (3) compel and require railroad companies to keep open the streets, and to construct and keep in repair ditches, drains, sewers, and culverts, along and under their railroad tracks, and to pave their whole right-of-way on all paved streets, and keep the right-of-way and tracks in repair.
Source
Laws 1901, c. 18, § 48, XVI, p. 249;
R.S.1913, § 4828;
C.S.1922, § 3996;
C.S.1929, § 16-213;
R.S.1943, § 16-212;
Laws 2016, LB704, § 20.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-213 - Money; power to borrow.

16-213.
Money; power to borrow.
A city of the first class may borrow money on the credit of the city and pledge the credit, revenue, and public property of the city for the payment thereof when authorized in the manner provided by law.
Source
Laws 1901, c. 18, § 48, XVII, p. 249;
R.S.1913, § 4829;
C.S.1922, § 3997;
C.S.1929, § 16-214;
R.S.1943, § 16-213;
Laws 2016, LB704, § 21.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-214 - Bonds; refunding indebtedness.

16-214.
Bonds; refunding indebtedness.
A city of the first class by ordinance may provide for issuing bonds, for the purpose of funding any and all indebtedness of the city, due or to become due. Floating indebtedness shall be funded only by authority of a vote of the people, but the mayor and city council may by a two-thirds vote issue bonds to pay off any bonded debt without a vote of the people.
Source
Laws 1901, c. 18, § 48, XVIII, p. 250;
R.S.1913, § 4830;
Laws 1919, c. 34, § 1, p. 112;
C.S.1922, § 3998;
C.S.1929, § 16-215;
R.S.1943, § 16-214;
Laws 1969, c. 51, § 26, p. 288;
Laws 2016, LB704, § 22.
Annotations
Strict compliance with all the prerequisites of the statute must be shown before mandamus will compel Auditor of Public Accounts to register a bond issue, and where notice of bond election was given for twenty days and statute requires four weeks, such notice is not sufficient. State ex rel. City of Fremont v. Babcock, 25 Neb. 500, 41 N.W. 450 (1889).
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-215 - Bonds; sinking fund; authorized; tax to retire bonds.

16-215.
Bonds; sinking fund; authorized; tax to retire bonds.
A city of the first class may make provision for a sinking fund to pay accruing interest and to pay at maturity the principal of the bonded indebtedness of the city, levy and collect taxes on all the taxable property in the city, in addition to other taxes, for the purpose of paying the same, and provide that the tax shall be paid in cash.
Source
Laws 1901, c. 18, § 48, XIX, p. 250;
R.S.1913, § 4831;
C.S.1922, § 3999;
C.S.1929, § 16-216;
R.S.1943, § 16-215.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-216 - Special elections; authorized; regulation.

16-216.
Special elections; authorized; regulation.
A city of the first class may provide for the holding and regulation of special elections, the return and canvass of votes cast thereat, and pay the expenses of the same.
Source
Laws 1901, c. 18, § 48, XXI, p. 250;
R.S.1913, § 4832;
C.S.1922, § 4000;
C.S.1929, § 16-217;
R.S.1943, § 16-216.
Annotations
In absence of a limitation in the act granting it authority to issue bonds, the city has power to levy sufficient taxes to pay the same, and a judgment against the city for the amount of the bonds puts the question of authority to levy the tax to pay such bonds to rest, and mandamus will enforce such levy. United States ex rel. Masslich v. Saunders, 124 F. 124 (8th Cir. 1903).
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-217 - Officers; removal; vacancies; how filled.

16-217.
Officers; removal; vacancies; how filled.
A city of the first class by ordinance may provide for the removal of elective officers of the city for misconduct. The city may create any office that it deems necessary for the good government and interest of the city. The city may provide for filling vacancies which occur in any elective office, except the mayor or member of the city council, by appointment by the mayor with the consent of the city council to hold his or her office for the unexpired term. Whenever the city council fails to consent to any appointment made under this section by the mayor by the close of the second regular city council meeting following the announcement of the appointment, the vacancy shall be filled by a special election to be held as prescribed by ordinance in the ward in which such vacancy exists. A vacancy in the office of the mayor or on the city council shall be filled as provided in section 32-568.
Source
Laws 1901, c. 18, § 48, XXII, p. 250;
R.S.1913, § 4833;
C.S.1922, § 4001;
C.S.1929, § 16-218;
R.S.1943, § 16-217;
Laws 1957, c. 55, § 1, p. 266;
Laws 1972, LB 1145, § 1;
Laws 1980, LB 601, § 1;
Laws 1990, LB 853, § 1;
Laws 1994, LB 76, § 484;
Laws 2016, LB704, § 23.
Annotations
Where a board has authority to remove an officer for cause, a court will not interfere by injunction, where the board has not acted. Cox v. Moores, 55 Neb. 34, 75 N.W. 35 (1898).
Where statute provides "for removing officers of the city for misconduct", the council acting without the mayor, is without power to remove the mayor and such attempted removal is null and void. Stahlhut v. Bauer, 51 Neb. 64, 70 N.W. 496 (1897).
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-218 - Officers; regulation.

16-218.
Officers; regulation.
Except as otherwise provided by law, a city of the first class by ordinance may regulate and prescribe the powers, duties, and compensation of the officers of the city and classify such offices, on the basis of merit as the city council shall provide for that purpose.
Source
Laws 1901, c. 18, § 48, XXIII, p. 250;
R.S.1913, § 4834;
C.S.1922, § 4002;
C.S.1929, § 16-219;
Laws 1939, c. 11, § 1, p. 78;
C.S.Supp.,1941, § 16-219;
R.S.1943, § 16-218;
Laws 2016, LB704, § 24.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-219 - Officers; bonds or insurance; restrictions upon officers as sureties.

16-219.
Officers; bonds or insurance; restrictions upon officers as sureties.
A city of the first class by ordinance may require all officers, elected or appointed, to give bond and security or evidence of equivalent insurance for the faithful performance of their duties. No officer shall become surety upon the official bond of another, or upon any contractor's bond, license, or appeal bond given to the city, or under any ordinance thereof, or from conviction in the county court for violation of any ordinance of such city.
Source
Laws 1901, c. 18, § 48, XXIV, p. 250;
R.S.1913, § 4835;
C.S.1922, § 4003;
C.S.1929, § 16-220;
R.S.1943, § 16-219;
Laws 1972, LB 1032, § 102;
Laws 2007, LB347, § 8;
Laws 2016, LB704, § 25.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-220 - Officers; reports; required; when.

16-220.
Officers; reports; required; when.
A city of the first class may require from any officer of the city at any time a report in detail of the transactions in his or her office or of any matters connected therewith.
Source
Laws 1901, c. 18, § 48, XXV, p. 251;
R.S.1913, § 4836;
C.S.1922, § 4004;
C.S.1929, § 16-221;
R.S.1943, § 16-220;
Laws 2016, LB704, § 26.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-221 - Watercourses; surface waters; regulation.

16-221.
Watercourses; surface waters; regulation.
A city of the first class may establish, alter, and change the channel of watercourses, and wall and cover them over. No city shall be liable in damages on account of the accumulations of surface waters which fall upon its site, or any portion thereof, unless such accumulations be caused by the act of a city officer while employed in his or her official capacity and by authorization of the mayor and city council first entered of record.
Source
Laws 1901, c. 18, § 48, XXVIII, p. 253;
Laws 1907, c. 13, § 1, p. 110;
R.S.1913, § 4837;
C.S.1922, § 4005;
C.S.1929, § 16-222;
R.S.1943, § 16-221;
Laws 2016, LB704, § 27.
Annotations
Courts by injunction will prevent a village from accumulating surface waters upon its site or any portion thereof and discharging it by ditches upon lands of another. Andrews v. Village of Steele City, 2 Neb. Unof. 676, 89 N.W. 739 (1902).
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-222 - Fire department; establishment authorized; fire prevention; regulations.

16-222.
Fire department; establishment authorized; fire prevention; regulations.
A city of the first class may provide for the organization and support of a fire department; procure fire engines, hooks, ladders, buckets, and other apparatus; organize fire engine, hook and ladder, and bucket companies, and prescribe rules for duty and the government of the fire department, with such penalties as the city council may deem proper, not exceeding one hundred dollars; make all necessary appropriations for the fire department; and establish regulations for the prevention and extinguishment of fires. The city may prescribe limits within which no building shall be constructed except of brick, stone, or other incombustible material, with fireproof roof, and impose a penalty for the violation of such ordinance. The city may cause the destruction or removal of any building constructed or repaired in violation of such ordinance, and after such limits are established, no special permits shall be given for the erection or repairing of buildings of combustible material. The city may regulate the construction and inspection of, and order the suppression of and cleaning of, fireplaces, chimneys, stoves, stovepipes, ovens, boilers, kettles, forges, or any apparatus used in any building, business, or enterprise which may be dangerous in causing or promoting fires, and prescribe limits within which dangerous or obnoxious and offensive businesses or enterprises may be conducted.
Source
Laws 1901, c. 18, § 48, XXIX, p. 253;
R.S.1913, § 4838;
C.S.1922, § 4006;
C.S.1929, § 16-223;
R.S.1943, § 16-222;
Laws 2016, LB704, § 28.
Annotations
A city is liable, under the workmen's compensation law, to a fireman injured while attending a firemen's convention with the consent and approval of city authorities. City of Fremont v. Lea, 115 Neb. 565, 213 N.W. 820 (1927).
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-222.01 - Emergency response systems; legislative findings.

16-222.01.
Emergency response systems; legislative findings.
The Legislature finds that matters relating to emergency medical first response and fire protection are matters of state concern, particularly in larger cities that rely primarily or entirely upon volunteers to provide these services. Recognizing the increasing complexity and difficulty of providing these services, the stringent and growing training demands made upon volunteers, the demographics of an aging population, the economic pressures that deny or inhibit employers from granting the opportunity for volunteers to respond to emergency calls during business hours, and the economic costs to residents and businesses of financing either a paid or partly paid emergency response system, the Legislature hereby declares the necessity of establishing a system and process whereby certain cities of the first class would be required to review, study, and modify on a continuing basis their emergency response systems, with appropriate public input, based upon local conditions and circumstances.
Source
Laws 2008, LB1096, § 1.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-222.02 - Employment of full-time fire chief; appointment; duties.

16-222.02.
Employment of full-time fire chief; appointment; duties.
Each city of the first class with a population in excess of forty-one 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 shall employ a full-time fire chief with appropriate training, credentials, and experience and for whom firefighting or emergency medical first response is a full-time career. The fire chief shall be appointed under the Civil Service Act by the mayor with the approval of the city council or by the city manager in cities that have adopted the city manager plan of government. The fire chief shall have the immediate superintendence of the fire prevention, fire suppression, and emergency medical first response services and the facilities and equipment related to such services of the city. The fire chief shall promulgate, implement, and enforce rules governing the actions and conduct of volunteer members of the department so as to be in conformity with the personnel policies of the city.
Source
Laws 2008, LB1096, § 2;
Laws 2015, LB455, § 1;
Laws 2016, LB857, § 1;
Laws 2017, LB113, § 10.
Cross References
Civil Service Act, see section 19-1825.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-222.03 - Fire chief; annual report; contents; report to city council.

16-222.03.
Fire chief; annual report; contents; report to city council.
(1) In addition to such other duties as may be performed by the fire chief employed pursuant to section 16-222.02, he or she shall keep and maintain full and complete records regarding the twelve-month period ending thirty days prior to the annual report of the chief to the city council as provided for in subsection (2) of this section. Such records include, but are not limited to, the number of volunteers in active volunteer service providing emergency response services to the city including their ages, the amount and type of training received by each volunteer during the course of his or her time of service as an active volunteer, the number of new volunteers recruited during such period, the number of volunteers who ceased to be active volunteers during that period, the basic information regarding each volunteer specified in section 35-1309.01, the number and nature of calls or requests for emergency services, the response time for each call, to be calculated from the time of receipt of the dispatch to the time of arrival of the first fire or rescue emergency response vehicle at the site of the request, the number of volunteers responding to each call, and the time each call was received. The city council may specify any additional information to be gathered or collected by the fire chief or as the fire chief may recommend.
(2) The fire chief shall collate and analyze the information gathered pursuant to subsection (1) of this section and shall, no less than once in any twelve-month period, on a date specified by the city council, provide a report to the city council at a regular council meeting on the prior year's experience regarding the volunteer department and shall make such recommendations as he or she deems appropriate.
Source
Laws 2008, LB1096, § 3.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-224 - Fuel and feed; inspection and sale; regulation.

16-224.
Fuel and feed; inspection and sale; regulation.
A city of the first class by ordinance may provide for the inspection of electric light, water and gas meters, the inspection and weighing of hay, grain and coal, and the measuring of wood and fuel to be used in the city, and determine the place or places of the same. It may regulate and prescribe the place or places of exposing for sale of hay, coal and wood, provide for the appointment of an inspector, and fix the fees and duties of the inspector and of other persons authorized to perform such duties.
Source
Laws 1901, c. 18, § 48, XXXI, p. 254;
Laws 1905, c. 25, § 2, p. 250;
R.S.1913, § 4840;
C.S.1922, § 4008;
C.S.1929, § 16-225;
R.S.1943, § 16-224.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-225 - Police; regulation; penalties; power to prescribe.

16-225.
Police; regulation; penalties; power to prescribe.
A city of the first class may regulate its police force, establish and support a night watch, impose fines, forfeitures, confinement, and penalties for the breach of any ordinance, and for recovery and collection of such fines, forfeitures, and penalties. In default of payment, it may provide for confinement in the city or county jail or other place of confinement as may be provided by ordinance or as provided under section 16-252.
Source
Laws 1901, c. 18, § 48, XXXII, p. 254;
R.S.1913, § 4841;
C.S.1922, § 4009;
C.S.1929, § 16-226;
R.S.1943, § 16-225;
Laws 1965, c. 47, § 1, p. 247;
Laws 2016, LB704, § 29.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-226 - Billiard halls; bowling alleys; disorderly houses; gambling; regulation.

16-226.
Billiard halls; bowling alleys; disorderly houses; gambling; regulation.
A city of the first class by ordinance may regulate, prohibit, and suppress unlicensed billiard tables and bowling alleys, may restrain houses of prostitution, opium joints, dens, and other disorderly houses and practices, games, and gambling houses, may regulate all public amusements, shows, or exhibitions, and may prohibit all lotteries, all fraudulent devices and practices for the purpose of obtaining money or property, all shooting galleries except as provided in the Nebraska Shooting Range Protection Act, and all kinds of public indecencies, except that nothing in this section shall be construed to apply to bingo, lotteries, lotteries by the sale of pickle cards, or raffles conducted in accordance with the Nebraska Bingo Act, the Nebraska Lottery and Raffle Act, the Nebraska Pickle Card Lottery Act, the Nebraska Small Lottery and Raffle Act, or the State Lottery Act.
Source
Laws 1901, c. 18, § 48, XXXIII, p. 254;
R.S.1913, § 4842;
C.S.1922, § 4010;
C.S.1929, § 16-227;
R.S.1943, § 16-226;
Laws 1986, LB 1027, § 188;
Laws 1991, LB 849, § 61;
Laws 1993, LB 138, § 63;
Laws 2009, LB503, § 13;
Laws 2016, LB704, § 30.
Cross References
Nebraska Bingo Act, see section 9-201.
Nebraska Lottery and Raffle Act, see section 9-401.
Nebraska Pickle Card Lottery Act, see section 9-301.
Nebraska Shooting Range Protection Act, see section 37-1301.
Nebraska Small Lottery and Raffle Act, see section 9-501.
State Lottery Act, see section 9-801.
Annotations
Under the terms of a prior act, the Legislature authorized cities to prohibit, or to license, the keeping of billiard and pool tables for hire, and to provide a fine for the violation thereof. In re Langston, 55 Neb. 310, 75 N.W. 828 (1898).
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-227 - Riots; disorderly conduct; use of explosives; vagabonds; lights; bonfires; regulation.

16-227.
Riots; disorderly conduct; use of explosives; vagabonds; lights; bonfires; regulation.
A city of the first class may (1) prevent and restrain riots, routs, noises, disturbances, breaches of the peace, or disorderly assemblies in any street, house, or place in the city, (2) regulate, punish, and prevent the discharge of firearms, rockets, powder, fireworks, or any other dangerous combustible material in the streets, lots, grounds, and alleys or about or in the vicinity of any buildings, (3) arrest, regulate, punish, or fine vagabonds, (4) regulate and prevent the transportation or storage of gunpowder or other explosive or combustible articles, tar, pitch, resin, coal oil, benzine, turpentine, hemp, cotton, nitroglycerine, dynamite, petroleum or any other productions thereof, and other materials of like nature, the use of lights in stables, shops, or other places, and the building of bonfires, and (5) regulate and prohibit the piling of building material or any excavation or obstruction in the street.
Source
Laws 1901, c. 18, § 48, XXXIV, p. 255;
R.S.1913, § 4843;
C.S.1922, § 4011;
C.S.1929, § 16-228;
R.S.1943, § 16-227;
Laws 2009, LB430, § 3;
Laws 2016, LB704, § 31;
Laws 2023, LB77, § 4.
Effective Date: September 2, 2023
Annotations
City's delegated power hereunder to control storage of petroleum products must be exercised by ordinance. State ex rel. Andruss v. Mayor & Council of City of North Platte, 120 Neb. 413, 233 N.W. 4 (1930).
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-228 - Disturbing the peace; punishment.

16-228.
Disturbing the peace; punishment.
A city of the first class by ordinance may provide for the punishment of persons disturbing the peace and good order of the city by clamor and noise, by intoxication, drunkenness, fighting, or using obscene or profane language in the streets or other public places, or otherwise violating the public peace by indecent and disorderly conduct, or by lewd or lascivious behavior.
Source
Laws 1901, c. 18, § 48, XXXV, p. 255;
R.S.1913, § 4844;
C.S.1922, § 4012;
C.S.1929, § 16-229;
R.S.1943, § 16-228.
Annotations
Urinating in public constituted disorderly conduct under ordinance validly enacted pursuant to this section. State v. Cherry, 185 Neb. 103, 173 N.W.2d 887 (1970).
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-229 - Vagrants; pickpockets; other offenders; punishment.

16-229.
Vagrants; pickpockets; other offenders; punishment.
A city of the first class by ordinance may provide for the punishment of vagrants, tramps or street beggars, prostitutes, disturbers of the peace, pickpockets, gamblers, burglars, thieves, and persons who practice any game, trick, or device with intent to swindle.
Source
Laws 1901, c. 18, § 48, XXXVI, p. 255;
R.S.1913, § 4845;
C.S.1922, § 4013;
C.S.1929, § 16-230;
R.S.1943, § 16-229;
Laws 2016, LB704, § 32.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-231 - Health; nuisances; regulation.

16-231.
Health; nuisances; regulation.
A city of the first class may prevent any person from bringing, depositing, having, or leaving upon or near his or her premises or elsewhere in the city or within the extraterritorial zoning jurisdiction of the city any carcass or putrid beef, pork, fish, hides, or skins of any kind or any unwholesome substance and may compel the removal of the same.
Source
Laws 1901, c. 18, § 48, XXXVIII, p. 256;
Laws 1907, c. 13, § 1, p. 111;
R.S.1913, § 4847;
C.S.1922, § 4015;
C.S.1929, § 16-232;
R.S.1943, § 16-231;
Laws 1988, LB 934, § 3;
Laws 2016, LB704, § 34.
Annotations
City had power to contract for removal of refuse, filth, and garbage from public and private premises, within its limits, and to pay therefor from the miscellaneous fund appropriated for such purposes, though it was impossible to estimate the exact amount required at time the appropriation was made. Kelly v. Broadwell, 3 Neb. Unof. 617, 92 N.W. 643 (1902).
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-232 - Excavations; regulation.

16-232.
Excavations; regulation.
A city of the first class by ordinance may prevent the digging of holes, pits, or excavations within the city, except for the purpose of building where such excavations are made, prevent the leaving of any holes, pits, or excavations within such city in an exposed condition, and require the filling of same.
Source
Laws 1907, c. 13, § 1, p. 111;
R.S.1913, § 4848;
C.S.1922, § 4016;
C.S.1929, § 16-233;
R.S.1943, § 16-232;
Laws 2016, LB704, § 35.