reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-922 - Sewers; assessments; interest; exempt property; cost; how paid.

17-922.
Sewers; assessments; interest; exempt property; cost; how paid.
No city council or village board of trustees shall cause to be assessed for any of the improvements authorized pursuant to section 17-913, property by law not assessable, or property not included within the district defined in the preliminary resolution, and shall not assess property not benefited. The cost of sewers at the intersection of streets and alleys and opposite property belonging to the United States Government, or other property not assessable, may be included with the cost of the rest of the work and may be assessed on the property within the district, if benefited by the improvement to such extent, or may be paid from unappropriated money in the general fund. The cost of the improvements shall draw interest from the date of acceptance thereof by the city council or village board of trustees.
Source
Laws 1919, c. 189, § 10, p. 431;
C.S.1922, § 4346;
C.S.1929, § 17-537;
R.S.1943, § 17-922;
Laws 1969, c. 51, § 53, p. 305;
Laws 2017, LB133, § 257.
Annotations
In absence of a jurisdictional defect in proceedings, where property owner had opportunity but failed to present his objections to the municipal body making assessments for local improvements, he cannot thereafter attack collaterally the levy so made. Weilage v. City of Crete, 110 Neb. 544, 194 N.W. 437 (1923).
In levying special assessments for construction of sewers, they should be confined to abutting property only. Hurd v. Sanitary Sewer District No. 1 of Harvard, 109 Neb. 384, 191 N.W. 438 (1922).
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-923 - Sewers; assessments; when due; interest.

17-923.
Sewers; assessments; when due; interest.
All special assessments provided for in section 17-921 shall become due in fifty days after the date of the levy and may be paid within that time without interest, but if not so paid they shall bear interest thereafter until delinquent. Such assessment shall become delinquent in equal annual installments over such period of years as the city council or village board of trustees may determine at the time of making the levy. Delinquent installments shall bear interest at the rate specified in section 45-104.01, as such rate may from time to time be adjusted by the Legislature, until paid and shall be collected in the usual manner for the collection of taxes.
Source
Laws 1919, c. 189, § 11, p. 431;
C.S.1922, § 4347;
Laws 1923, c. 143, § 2, p. 356;
C.S.1929, § 17-538;
R.S.1943, § 17-923;
Laws 1949, c. 27, § 2, p. 100;
Laws 1953, c. 35, § 1, p. 126;
Laws 1959, c. 64, § 5, p. 288;
Laws 1969, c. 51, § 54, p. 306;
Laws 1980, LB 933, § 20;
Laws 1981, LB 167, § 21;
Laws 2017, LB133, § 258.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-924 - Sewers; assessments; sinking fund; purpose.

17-924.
Sewers; assessments; sinking fund; purpose.
All the special assessments provided for in section 17-921 shall, when levied, constitute a sinking fund for the purpose of paying the cost of the improvements authorized pursuant to section 17-913 with allowable interest thereon, and shall be solely and strictly applied to such purpose to the extent required. Any excess assessments may be transferred to such other fund or funds as the city council or village board of trustees may deem advisable after fully discharging the purposes for which they were levied.
Source
Laws 1919, c. 189, § 13, p. 432;
C.S.1922, § 4349;
C.S.1929, § 17-539;
R.S.1943, § 17-924;
Laws 2017, LB133, § 259.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-925 - Sewers; bonds; term; rate of interest; partial payments; final payment; contractor; interest; special assessments; tax authorized.

17-925.
Sewers; bonds; term; rate of interest; partial payments; final payment; contractor; interest; special assessments; tax authorized.
For the purpose of paying the cost of the improvements authorized pursuant to section 17-913, the city council of any city of the second class or village board of trustees of any village, after such improvements have been completed and accepted, shall have the power to issue negotiable bonds of such city or village, to be called Sewer Bonds, payable in not exceeding twenty years and bearing interest payable annually or semiannually, which may either be sold by the city or village or delivered to the contractor in payment for the work, but in either case for not less than their par value. For the purpose of making partial payments as the work progresses, warrants may be issued by the mayor and city council or by the village board of trustees upon certificates of the engineer in charge showing the amount of work completed and materials necessarily purchased and delivered for the orderly and proper continuation of the project, in a sum not exceeding ninety-five percent of the cost of such project and upon the completion and acceptance of the work issue a final warrant for a balance of the amount due the contractor, which warrants shall be redeemed and paid upon the sale of the bonds issued and sold. The city or village shall pay to the contractor interest at the rate of eight percent per annum on the amounts due on partial and final payments beginning forty-five days after the certification of the amounts due by the engineer in charge and approval by the governing body and running until the date that the warrant is tendered to the contractor. All special assessments which may be levied upon property specially benefited by such work or improvements shall, when collected, be set aside and constitute a sinking fund for the payment of the interest and principal of such bonds. There shall be levied annually upon all the taxable property in such city or village a tax, which, together with such sinking fund derived from special assessments, shall be sufficient to meet payments of interest and principal as the same become due. Such tax shall be known as the sewer tax and shall be payable annually in money.
Source
Laws 1919, c. 189, § 14, p. 432;
C.S.1922, § 4350;
C.S.1929, § 17-540;
Laws 1931, c. 34, § 1, p. 126;
Laws 1935, c. 35, § 1, p. 146;
C.S.Supp.,1941, § 17-540;
R.S.1943, § 17-925;
Laws 1963, c. 70, § 2, p. 272;
Laws 1969, c. 51, § 55, p. 306;
Laws 1974, LB 636, § 4;
Laws 2017, LB133, § 260.
Annotations
Cost of main sewers in excess of special benefits can only be paid for by means of general taxation. Hurd v. Sanitary Sewer District No. 1 of Harvard, 109 Neb. 384, 191 N.W. 438 (1922).
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-925.01 - Sewers; water utilities; maintenance and repair; tax authorized; service rate in lieu of tax; lien.

17-925.01.
Sewers; water utilities; maintenance and repair; tax authorized; service rate in lieu of tax; lien.
The mayor and city council of any city of the second class or the village board of trustees is hereby authorized, after the establishment of a system of sewerage and at the time of levying other taxes for city or village purposes, to levy a tax of not more than three and five-tenths cents on each one hundred dollars upon the taxable value of all the taxable property in such city or village for the purpose of creating a fund to be used for the maintenance and repairing of any sewer or water utilities in such city or village. In lieu of the levy of such tax, the mayor and city council or the village board of trustees may establish by ordinance such rates for such sewer service as may be deemed to be fair and reasonable, to be collected from either the owner or the person, firm, or corporation requesting the services at such times, either monthly, quarterly, or otherwise, as may be specified in the ordinance. All sewer charges shall be a lien upon the premises or real estate for which the same is used or supplied. Such lien shall be enforced in such manner as the city council or village board of trustees provides by ordinance. The charges thus made when collected shall be placed either in a separate fund or in a combined water and sewer fund and used exclusively for the purpose of maintenance and repairs of the sewer system, or the water and sewer system, in such city or village.
Source
Laws 1903, c. 22, § 9, p. 258;
R.S.1913, § 5048;
C.S.1922, § 4217;
Laws 1923, c. 188, § 1, p. 432;
C.S.1929, § 17-156;
Laws 1943, c. 33, § 2, p. 151;
R.S.1943, § 17-925.01;
Laws 1947, c. 51, § 2, p. 172;
Laws 1951, c. 37, § 1, p. 138;
Laws 1953, c. 287, § 22, p. 944;
Laws 1979, LB 187, § 59;
Laws 1992, LB 719A, § 61;
Laws 1997, LB 67, § 1;
Laws 2017, LB133, § 261.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-925.02 - Sewers; rental charges; collection.

17-925.02.
Sewers; rental charges; collection.
Any city of the second class or village may make rental charges for the use of an established municipal sewerage system on a fair and impartial basis for services rendered. Such rental charges shall be collected at the same time and in the same manner as water charges by the same city or village.
Source
Laws 1947, c. 43, § 1, p. 159;
Laws 2017, LB133, § 262.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-925.03 - Sewers; rental charges; reduction in taxes.

17-925.03.
Sewers; rental charges; reduction in taxes.
The revenue from rental charges under section 17-925.02 shall only be used for the abatement or the reduction of ad valorem taxes being levied or to be levied for the payment of bonds outstanding or to be issued for the construction of or additions to the sewerage system described in section 17-925.02.
Source
Laws 1947, c. 43, § 2, p. 159;
Laws 2017, LB133, § 263.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-925.04 - Sewers; rental charges; cumulative to service rate for maintenance and repair.

17-925.04.
Sewers; rental charges; cumulative to service rate for maintenance and repair.
The charges permitted by sections 17-925.02 to 17-925.04 shall be in addition to the charges permitted by section 17-925.01 for the maintenance and repair of a sewer system.
Source
Laws 1947, c. 43, § 3, p. 159;
Laws 2017, LB133, § 264.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-926 - Cemetery; acquisition; condemnation; procedure.

17-926.
Cemetery; acquisition; condemnation; procedure.
Any city of the second class or village through its mayor and city council or village board of trustees may, by eminent domain, condemn, purchase, hold, and pay for land not exceeding one hundred sixty acres outside the corporate limits of any city of the second class or village for the purpose of the burial of the dead. The mayor and city council or chairperson and village board of trustees are also empowered and authorized to receive by gift or devise real estate for cemetery purposes. In the event any city of the second class or village through its mayor and city council or chairperson and village board of trustees desires to purchase any cemetery belonging to any corporation, partnership, limited liability company, association, or individual, which cemetery has already been properly surveyed and platted, and is used for cemetery purposes, then the mayor and city council or chairperson and village board of trustees are hereby authorized and empowered to purchase the cemetery. In the event the owner or owners of such cemetery desired to be purchased by any city of the second class or village will not or cannot sell and convey such cemetery to the city or village or in the event the owner or owners of such cemetery cannot agree upon the price to be paid for the cemetery, the mayor and city council or the village board of trustees shall by resolution declare the necessity for the acquisition of such cemetery by exercise of the power of eminent domain. The adoption of the resolution shall be deemed conclusive evidence of such necessity. The procedure to condemn property shall be exercised in the manner set forth in sections 76-704 to 76-724.
Source
Laws 1929, c. 46, § 1, p. 195;
C.S.1929, § 17-541;
R.S.1943, § 17-926;
Laws 1951, c. 101, § 60, p. 474;
Laws 1963, c. 70, § 3, p. 273;
Laws 1993, LB 121, § 136;
Laws 2017, LB133, § 265.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-933 - Cemetery; acquisition; title.

17-933.
Cemetery; acquisition; title.
Where real estate for a cemetery under section 17-926 is acquired by gift or devise, the title shall vest in the city or village upon the conditions imposed by the donor and upon acceptance by the mayor and city council or chairperson and village board of trustees. Where such real estate is acquired by purchase or by virtue of exercise of the right of eminent domain, the title shall vest absolutely in such city or village. Nothing in sections 17-933 to 17-937 shall be construed in any manner to affect cemeteries belonging to any religious organization or society, lodge, or fraternal society.
Source
Laws 1929, c. 46, § 8, p. 197;
C.S.1929, § 17-548;
R.S.1943, § 17-933;
Laws 2017, LB133, § 266.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-934 - Cemetery; existing cemetery association; transfer to; conditions.

17-934.
Cemetery; existing cemetery association; transfer to; conditions.
In any city of the second class or village in which there exists a duly perfected cemetery association as defined in section 12-501, if the cemetery association proposes to the mayor and city council or to the chairperson and village board of trustees by means of a resolution duly enacted by such cemetery association, signed by its president and attested by its secretary, signifying the willingness of the cemetery association to exercise control and management of any cemetery belonging to such city or village, then the mayor and city council or chairperson and village board of trustees shall submit at the next regular municipal election the question of the management and control over the cemetery under the conveyance made by the proper authorities of such city or village. If a majority of the votes cast at such election are in favor of the transfer of the management and control of the cemetery belonging to such city or village to the cemetery association, the management and control of such cemetery shall be relinquished forthwith by the proper authorities of such city or village to the cemetery association. If the real estate of the cemetery of such city or village has been acquired by gift or devise, the relinquishment of the management and control to the cemetery association shall be subject to the conditions imposed by the donor; and upon acceptance by the president and secretary of the cemetery association, the conditions shall be binding upon the cemetery association.
Source
Laws 1929, c. 46, § 8, p. 198;
C.S.1929, § 17-548;
R.S.1943, § 17-934;
Laws 2014, LB863, § 13;
Laws 2017, LB133, § 267.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-935 - Existing cemetery association; transfer; deeds; how executed.

17-935.
Existing cemetery association; transfer; deeds; how executed.
Subsequent to the relinquishment by the mayor and city council of a city of the second class or the chairperson and village board of trustees of a village to the proper officers of a cemetery association, as provided in section 17-934, the deeds to all burial lots executed by the trustees of such cemetery association, through its president and secretary, shall as a matter of course be signed, sealed, acknowledged, and delivered by the proper officers of such city or village as other real property of such city or village is conveyed, except that the transfer of such burial lots shall not require a vote of a majority of the electors of such city or village to make title to the same valid and legal in the purchaser or purchasers thereof.
Source
Laws 1929, c. 46, § 8, p. 198;
C.S.1929, § 17-548;
R.S.1943, § 17-935;
Laws 2017, LB133, § 268.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-936 - Existing cemetery association; transfer of funds.

17-936.
Existing cemetery association; transfer of funds.
In case of the transfer of the management and control of a city cemetery or a village cemetery, as provided in sections 17-934 and 17-935, the cemetery board erected under section 12-401 shall have no jurisdiction over the management and control of such cemetery after the transfer. In the event of such transfer, any funds or any money to the credit of the cemetery fund or any perpetual fund created under section 12-402 shall be paid over by the city treasurer of such city or by the village treasurer of such village to the treasurer of the cemetery association; and all endowments contemplated under section 12-301 to such city cemetery or village cemetery shall vest absolutely in the cemetery association to whom the control and management of such cemetery shall have been transferred.
Source
Laws 1929, c. 46, § 8, p. 199;
C.S.1929, § 17-548;
R.S.1943, § 17-936;
Laws 1959, c. 49, § 3, p. 239;
Laws 2009, LB500, § 3;
Laws 2017, LB133, § 269.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-937 - Existing cemetery association; trustees; oath; bond; vacancy; how filled.

17-937.
Existing cemetery association; trustees; oath; bond; vacancy; how filled.
In the case of the transfer of the management and control of a city cemetery or village cemetery as provided in sections 17-934 and 17-935, each of the trustees of the cemetery association shall qualify by subscribing to an oath in the office of the city clerk or village clerk, as the case may be, substantially as follows: That he or she will faithfully, impartially, and honestly perform his or her duties as such trustee. Whenever the trustees of any cemetery association organized under sections 17-926 to 17-939 shall receive the gift of any property, real or personal, in trust, for the perpetual care of such cemetery, or anything connected therewith, such trustees shall, upon the enactment of bylaws by the association to that effect, require the treasurer of such association to give a bond to such association in a sum equal to the amount of such trust fund and other personal property, conditioned for the faithful administration of such trust and for the care of such funds and property. Such bonds shall be approved by the mayor of the city or by the chairperson of the village board of trustees and shall remain on file with and in the custody of the city clerk or the village clerk. The premium on the bond of the treasurer shall be paid from available cemetery funds credited to or in the hands of such cemetery association. In the event of a vacancy occurring among the members of the board of trustees of such cemetery association, such vacancy shall be filled in the like manner as the original member of such board of trustees was elected in accordance with the provisions of section 12-501. Each trustee elected to fill such vacancy shall subscribe to the oath as provided in this section. Such appointment to fill such vacancy shall continue until the successor of such trustee shall be duly elected and qualified.
Source
Laws 1929, c. 46, § 8, p. 199;
C.S.1929, § 17-548;
R.S.1943, § 17-937;
Laws 2017, LB133, § 270.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-939 - Cemetery; acquisition; bonds; interest; approval of electors required.

17-939.
Cemetery; acquisition; bonds; interest; approval of electors required.
The mayor and city council of any city of the second class or the village board of trustees of any village is hereby authorized to issue bonds in a sum not exceeding ten thousand dollars for the purpose of acquiring title by purchase or by virtue of eminent domain to land used for cemetery purposes and that may be acquired for any necessary addition to any existing cemetery. No such bonds shall be issued until the question of issuing the same shall be submitted to the electors of any such city or village at a general election thereof, or at a special election called for the purpose of submitting the proposition of issuing such bonds, and unless at such election a majority of the electors voting on the proposition shall have voted in favor of issuing such bonds. Such bonds shall be payable in not exceeding ten years from date and shall bear interest payable annually or semiannually. Notice of such election shall be given by publication in a legal newspaper in or of general circulation in the city or village for three successive weeks, the final publication to be not more than ten days prior to the date of such election. The election shall be governed by the Election Act.
Source
Laws 1929, c. 46, § 10, p. 200;
C.S.1929, § 17-550;
R.S.1943, § 17-939;
Laws 1969, c. 51, § 56, p. 307;
Laws 1971, LB 534, § 17;
Laws 1996, LB 299, § 14;
Laws 2017, LB133, § 272.
>
Cross References
Election Act, see section 32-101.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-940 - Cemetery; improvement.

17-940.
Cemetery; improvement.
The mayor and city council of a city of the second class or village board of trustees may survey, plat, map, grade, fence, ornament, and otherwise improve all burial and cemetery grounds and avenues leading to any cemetery owned by such city or village. Such city or village may construct walks and protect ornamental trees therein and provide for paying the expenses thereof.
Source
Laws 1879, § 69, XXXIII, p. 218;
Laws 1881, c. 23, § 8, XXXIII, p. 186;
Laws 1885, c. 20, § 1, XXXIII, p. 177;
Laws 1887, c. 12, § 1, XXXIII, p. 305;
R.S.1913, § 5167;
C.S.1922, § 4354;
C.S.1929, § 17-552;
R.S.1943, § 17-940;
Laws 2017, LB133, § 273.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-941 - Cemetery; lots; conveyance.

17-941.
Cemetery; lots; conveyance.
The mayor and city council of a city of the second class or village board of trustees may convey cemetery lots by certificate signed by the mayor or chairperson of the village board of trustees, and countersigned by the city clerk or village clerk, under the seal of the city or village, specifying that the person to whom the same is issued is the owner of the lot or lots described therein by number as laid down on such map or plat, for the purpose of interment; and such certificate shall vest in the proprietor, his or her heirs and assigns, a right in fee simple to such lot for the sole purpose of interment, under the regulation of the city council or village board of trustees.
Source
Laws 1879, § 69, XXXIV, p. 218;
Laws 1881, c. 23, § 8, XXXIV, p. 186;
Laws 1885, c. 20, § 1, XXXIV, p. 177;
Laws 1887, c. 12, § 1, XXXIV, p. 306;
R.S.1913, § 5168;
C.S.1922, § 4355;
C.S.1929, § 17-553;
R.S.1943, § 17-941;
Laws 1971, LB 32, § 4;
Laws 2015, LB241, § 3;
Laws 2017, LB133, § 274.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-942 - Cemetery; lots; ownership and use; regulations.

17-942.
Cemetery; lots; ownership and use; regulations.
The mayor and city council of a city of the second class or village board of trustees may limit the number of cemetery lots which shall be owned by the same person at the same time. The city or village may prescribe rules for enclosing, adorning, and erecting monuments and tombstones on cemetery lots and may prohibit any diversion of the use of such lots and any improper adornment thereof; but no religious test shall be made as to the ownership of lots, the burial therein, or the ornamentation of graves or of such lots.
Source
Laws 1879, § 69, XXXV, p. 218;
Laws 1881, c. 23, § 8, XXXV, p. 187;
Laws 1885, c. 20, § 1, XXXV, p. 178;
Laws 1887, c. 12, § 1, XXXV, p. 306;
R.S.1913, § 5169;
C.S.1922, § 4356;
C.S.1929, § 17-554;
R.S.1943, § 17-942;
Laws 2017, LB133, § 275.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-943 - Cemetery; protection; rules and regulations.

17-943.
Cemetery; protection; rules and regulations.
The mayor and city council of a city of the second class or village board of trustees may pass rules and ordinances imposing penalties and fines not exceeding one hundred dollars, regulating, protecting, and governing the cemetery, the owners of lots, visitors, and trespassers. The officers of such city or village shall have as full jurisdiction and power in the enforcing of such rules and ordinances as though they related to the municipality itself.
Source
Laws 1879, § 69, XXXVI, p. 218;
Laws 1881, c. 23, § 8, XXXVI, p. 187;
Laws 1885, c. 20, § 1, XXXVI, p. 178;
Laws 1887, c. 12, § 1, XXXVI, p. 306;
R.S.1913, § 5170;
C.S.1922, § 4357;
C.S.1929, § 17-555;
R.S.1943, § 17-943;
Laws 2017, LB133, § 276.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-944 - Cemetery association; formation; when authorized.

17-944.
Cemetery association; formation; when authorized.
Whenever, in cities of the second class and villages, one-fifth of the resident lot owners of any cemetery under the control of such city or village shall so desire it, it shall be lawful for such lot owners to associate themselves into and form a cemetery association as defined in section 12-501.
Source
Laws 1887, c. 15, § 1, p. 330;
R.S.1913, § 5171;
C.S.1922, § 4358;
C.S.1929, § 17-556;
R.S.1943, § 17-944;
Laws 2014, LB863, § 14.
Annotations
The section does not apply to cities having over five thousand inhabitants. State ex rel. Wyuka Cemetery Assn. v. Bartling, 23 Neb. 421, 36 N.W. 811 (1888).
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-945 - Cemetery association; trustees; conveyances.

17-945.
Cemetery association; trustees; conveyances.
Upon the formation of a cemetery association under section 17-944, the lot owners in such cemetery shall elect five of their number as trustees, to whom shall be given the general care, management, and supervision of such cemetery. The mayor of the city of the second class or chairperson of the village board of trustees shall, by virtue of his or her office, be a member of the board of trustees of the cemetery association, and it shall be his or her duty to make, execute, and deliver to purchasers of lots deeds for the lots, when requested by the board of trustees of the cemetery association. Such deeds shall be executed under the corporate seal of such city or village, and countersigned by the city clerk or village clerk, specifying that the person to whom such deed is issued is the owner, for the purposes of interment, of the lot or lots described therein by numbers, as laid down on the map or plat of such cemetery. Such deed shall vest in the proprietor, his or her heirs or assigns, a right in fee simple to such lot for the sole purpose of interment, under the regulations of the board of trustees of the cemetery association.
Source
Laws 1887, c. 15, § 2, p. 330;
R.S.1913, § 5172;
C.S.1922, § 4359;
C.S.1929, § 17-557;
R.S.1943, § 17-945;
Laws 2015, LB241, § 4;
Laws 2017, LB133, § 277.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-946 - Cemetery association; powers of board of trustees; income; use.

17-946.
Cemetery association; powers of board of trustees; income; use.
(1) The board of trustees of a cemetery association formed pursuant to section 17-944 shall have power:
(a) To limit the number of cemetery lots that shall be owned by the same person at the same time;
(b) To prescribe rules for enclosing, adorning, and erecting monuments and tombstones on cemetery lots;
(c) To prohibit any diversions of the use of such lots, and any improper adornment thereof, but no religious tests shall be made as to the ownership of lots, the burial therein, or the ornamentation of graves or of such lots; and
(d) To pass rules and ordinances imposing penalties and fines, not exceeding one hundred dollars, regulating, governing, and protecting the cemetery, the owners of lots, visitors, and trespassers.
(2) The officers of a city of the second class or village in which a cemetery association has been formed pursuant to section 17-944 shall have as full jurisdiction and power in the enforcing of rules and ordinances passed pursuant to subsection (1) of this section as though such rules and ordinances related to such city or village itself.
(3) All money received from sale of lots in any such cemetery, or which may come to it by donation, bequest, or otherwise, shall be devoted exclusively to the care, management, adornment, and government of such cemetery itself and shall be expended exclusively for such purposes under the direction of the association's board of trustees, except that in addition, and notwithstanding any provision of Chapter 12, article 5, the principal of the fund that is attributable to money received from the sale of lots, or attributable to money which has come to the fund by donation, bequest, or otherwise that does not prohibit such use, may be used for the purchase and development of additional land to be used for cemetery purposes as long as no more than twenty-five percent of such principal is so used in any fiscal year and no more than thirty-five percent of such principal is so used in any period of ten consecutive fiscal years.
(4) This section does not limit the use of any money that comes to the city or village by donation, bequest, or otherwise that is not designated to be credited to the perpetual fund or that allows greater use for purchase or development of additional land to be used for cemetery purposes.
Source
Laws 1887, c. 15, §§ 3, 4, 5, p. 331;
R.S.1913, §§ 5173, 5174, 5175;
C.S.1922, §§ 4360, 4361, 4362;
C.S.1929, §§ 17-558, 17-559, 17-560;
R.S.1943, § 17-946;
Laws 2005, LB 262, § 3;
Laws 2017, LB133, § 278.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-947 - Cemetery association; formation; funds; transfer to.

17-947.
Cemetery association; formation; funds; transfer to.
Upon the organization of a cemetery association as provided in section 17-944, all property and money under the control of the city council or village board of trustees shall vest in such cemetery association for the purposes provided for in sections 17-926 to 17-947, and all money in the control of such city council or village board of trustees shall be turned over to the board of trustees of such cemetery association.
Source
Laws 1887, c. 15, § 6, p. 332;
R.S.1913, § 5176;
C.S.1922, § 4363;
C.S.1929, § 17-561;
R.S.1943, § 17-947;
Laws 2017, LB133, § 279.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-948 - Recreation and conservation; real estate; acquisition by gift or purchase; title.

17-948.
Recreation and conservation; real estate; acquisition by gift or purchase; title.
Cities of the second class and villages are empowered and authorized to receive, by gift or devise, and to purchase real estate within or without their corporate limits, for the purpose of parks, public grounds, swimming pools, or dams, either for recreational or conservational purposes. If such real estate is acquired by gift or devise, the title shall be vested in the city or village, upon the conditions imposed by the donor and upon the acceptance by the mayor and city council or the village board of trustees; and if such real estate is acquired by purchase, the title shall vest absolutely in such city or village.
Source
Laws 1937, c. 35, § 1, p. 162;
C.S.Supp.,1941, § 17-590;
R.S.1943, § 17-948;
Laws 1969, c. 86, § 3, p. 432;
Laws 2017, LB133, § 280.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-949 - Recreation and conservation; real estate; regulation and control; penalties authorized.

17-949.
Recreation and conservation; real estate; regulation and control; penalties authorized.
Whether the title to real estate under section 17-948 shall be acquired by gift, devise, or purchase, the jurisdiction of the city council, park board, or the village board of trustees shall at once be extended over such real estate; and the city council, park board, or village board of trustees shall have power to enact bylaws, rules, or ordinances for the protection and preservation of any real estate acquired, and to provide rules and regulations for the closing of such park or swimming pool, in whole or in part, to the general public, and charge admission thereto during such closing, either by the municipality or by any person, persons, or corporation leasing the same. The city or village may provide suitable penalties for the violation of such bylaws, rules, or ordinances, and the police power of any such city or village shall be at once extended over the same.
Source
Laws 1937, c. 35, § 2, p. 162;
C.S.Supp.,1941, § 17-591;
R.S.1943, § 17-949;
Laws 1961, c. 52, § 1, p. 195;
Laws 2017, LB133, § 281.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-950 - Recreation and conservation; real estate; acquisition; purposes; bonds; interest; approval of electors required.

17-950.
Recreation and conservation; real estate; acquisition; purposes; bonds; interest; approval of electors required.
The mayor and city council of any city of the second class or the village board of trustees of any village are hereby authorized to issue bonds for the purpose of acquiring title to real estate, as contemplated by sections 17-948 and 17-949, and for the purpose of improving, equipping, and furnishing such real estate as parks and recreational grounds and for the purpose of building swimming pools and dams. No such bonds shall be issued until the question of issuing the same shall have been submitted to the electors of such city or village at a general election therein, or at a special election called for the purpose of submitting a proposition to issue such bonds, and unless at such election a majority of the electors voting on such proposition shall have voted in favor of issuing such bonds. The question of bond issues in such cities and villages, when defeated, shall not be resubmitted in substance for a period of six months from and after the date of such election. Such bonds shall be payable in not exceeding twenty years from their date and shall bear interest payable annually or semiannually.
Source
Laws 1937, c. 35, § 3, p. 163;
C.S.Supp.,1941, § 17-592;
R.S.1943, § 17-950;
Laws 1955, c. 44, § 1, p. 159;
Laws 1965, c. 71, § 1, p. 292;
Laws 1969, c. 51, § 57, p. 308;
Laws 1971, LB 534, § 18;
Laws 1979, LB 187, § 61;
Laws 1982, LB 692, § 2;
Laws 2017, LB133, § 282.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-951 - Facilities; maintenance and improvement; tax authorized.

17-951.
Facilities; maintenance and improvement; tax authorized.
The mayor and city council of any city of the second class or the village board of trustees of any village which has already acquired or hereafter acquires land for park purposes or recreational facilities or which has already built or hereafter builds swimming pools, recreational facilities, or dams may each year make and levy a tax upon the taxable value of all the taxable property in such city or village. The levy shall be collected and put into the city or village treasury and shall constitute the park and recreation fund of such city or village. The funds so levied and collected shall be used for amusements, for laying out, improving, and beautifying such parks, for maintaining, improving, managing, and beautifying such swimming pools, recreational facilities, or dams, and for the payment of salaries and wages of persons employed in the performance of such labor.
Source
Laws 1937, c. 35, § 4, p. 163;
C.S.Supp.,1941, § 17-593;
R.S.1943, § 17-951;
Laws 1953, c. 36, § 1, p. 127;
Laws 1969, c. 86, § 4, p. 432;
Laws 1979, LB 187, § 62;
Laws 1992, LB 719A, § 63;
Laws 2017, LB133, § 283.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-952 - Board of commissioners; members; duties.

17-952.
Board of commissioners; members; duties.
In each city of the second class or village, where land for park purposes or recreational facilities is acquired, or swimming pools, recreational facilities, or dams may be built, the mayor and city council of the city or the village board of trustees may provide by ordinance for the creation of a board of park commissioners, or board of park and recreation commissioners, which, in either case, shall be composed of not less than three members, who shall be residents of the city or village, and who shall have charge of all parks and recreational facilities belonging to the city or village, and shall have the power to establish rules for the management, care, and use of the same. Where such board of park commissioners or board of park and recreation commissioners has been appointed and qualified, all accounts against the park fund or park and recreation fund shall be audited by such board, and warrants against the fund shall be drawn by the chairperson of such board, and warrants so drawn shall be paid by the city treasurer or village treasurer out of such fund.
Source
Laws 1937, c. 35, § 5, p. 163;
C.S.Supp.,1941, § 17-594;
R.S.1943, § 17-952;
Laws 1969, c. 86, § 5, p. 432;
Laws 2005, LB 626, § 4;
Laws 2017, LB133, § 284.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-953 - Public buildings; acquisition or construction; approval of electors required; exception.

17-953.
Public buildings; acquisition or construction; approval of electors required; exception.
Cities of the second class and villages are hereby authorized and empowered to (1) purchase, (2) accept by gift or devise, (3) purchase real estate upon which to erect, and (4) erect a building or buildings for an auditorium, fire station, municipal building, or community house for housing municipal enterprises and social and recreation purposes, and other public buildings, including the construction of buildings authorized to be constructed by Chapter 72, article 14, and including construction of buildings to be leased in whole or in part by the city or village to any other political or governmental subdivision of the State of Nebraska authorized by law to lease such buildings, and maintain, manage, and operate the same for the benefit of the inhabitants of such cities or villages. Except as provided in section 17-953.01, before any such purchase can be made or building erected, the question shall be submitted to the electors of such city or village at a general municipal election or at an election duly called for that purpose, or as set forth in section 17-954, and be adopted by a majority of the electors voting on such question.
Source
Laws 1935, c. 37, § 1, p. 151;
C.S.Supp.,1941, § 17-167;
R.S.1943, § 17-953;
Laws 1947, c. 40, § 1, p. 153;
Laws 1955, c. 45, § 2, p. 162;
Laws 1969, c. 97, § 1, p. 465;
Laws 1981, LB 220, § 1;
Laws 2017, LB133, § 285.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-953.01 - Purchase or construction of public buildings without bond issue; remonstrance petition; procedure.

17-953.01.
Purchase or construction of public buildings without bond issue; remonstrance petition; procedure.
If the funds to be used to finance the purchase or construction of a building under section 17-953 are available other than through a bond issue, then either:
(1) Notice of the proposed purchase or construction shall be published in a legal newspaper in or of general circulation in the city or village and no election shall be required to approve the purchase or construction unless within thirty days after the publication of the notice a remonstrance petition against the purchase or construction is signed by registered voters of the city or village equal in number to fifteen percent of the registered voters of the city or village voting at the last regular municipal election held therein and is filed with the governing body of the city or village. If the date for filing the petition falls upon a Saturday, Sunday, or legal holiday, the signatures shall be collected within the thirty-day period, but the filing shall be considered timely if filed or postmarked on or before the next business day. If a petition with the necessary number of qualified signatures is timely filed, the question shall be submitted to the voters of the city or village at a general municipal election or a special election duly called for that purpose. If the purchase or construction is not approved, the property involved shall not then, nor within one year following the election, be purchased or constructed; or
(2) The governing body may proceed without providing the notice and right of petition required in subdivision (1) of this section if the property can be purchased below the fair market value as determined by an appraisal, and there is a willing seller, and the purchase price is less than twenty-five thousand dollars. Such purchase shall be approved by the governing body after notice and public hearing as provided in section 18-1755.
Source
Laws 1981, LB 220, § 2;
Laws 1993, LB 59, § 3;
Laws 1995, LB 197, § 2;
Laws 2017, LB133, § 286.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-954 - Public buildings; purchase or construction; bonds; approval of electors required; exception.

17-954.
Public buildings; purchase or construction; bonds; approval of electors required; exception.
The mayor and city council of a city of the second class or the chairperson and village board of trustees adopting the proposition to make a purchase or erect a building or buildings for the purposes set forth in section 17-953 shall have the power to borrow money and pledge the property and credit of the city or village upon its negotiable bonds. No such bonds shall be issued until after the same have been authorized by a majority vote of the electors voting on the proposition of their issuance, at a general municipal election or at a special election called for the submission of such proposition. The question of such purchase or erection of such a building or buildings, as set forth in section 17-953, and the question of the issuance of the negotiable bonds referred to in this section may be submitted as one question at a general municipal or special election if so ordered by resolution or ordinance. Notice of the time and place of such election shall be given by publication in a legal newspaper in or of general circulation in such city or village three successive weeks immediately prior thereto. No such election for the issuance of such bonds shall be called until a petition for the election signed by at least ten percent of the legal voters of such city or village has been presented to the city council or to the village board of trustees. The number of voters voting at the last regular municipal election prior to the presenting of such petition shall be deemed the number of votes in such city or village for the purpose of determining the sufficiency of such petition. The question of bond issues for such purpose in such cities or villages when defeated shall not be resubmitted for six months from and after the date of such election. When the building to be constructed is to be used by the State of Nebraska or its agency or agencies under a lease authorized by Chapter 72, article 14, or the building is to be leased by any other political or governmental subdivision of the State of Nebraska, when the combined area of the building to be leased by the state or its agency or agencies and the political or governmental subdivision of the State of Nebraska is more than fifty percent of the area of the building, and when such sum does not exceed two million dollars, then no such vote of the electors will be required.
Source
Laws 1935, c. 37, § 2, p. 151;
C.S.Supp.,1941, § 17-168;
R.S.1943, § 17-954;
Laws 1947, c. 40, § 2, p. 154;
Laws 1969, c. 97, § 2, p. 466;
Laws 2017, LB133, § 287.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-955 - Public buildings; maintenance; tax.

17-955.
Public buildings; maintenance; tax.
The mayor and city council of cities of the second class and chairperson and village board of trustees of villages shall have the power to levy an annual tax not to exceed seven cents on each one hundred dollars upon the taxable value of the taxable property in such cities or villages for the purpose of maintaining an auditorium, municipal building, or community house and shall, by ordinance, determine and declare how such auditorium, municipal building, or community house shall be managed.
Source
Laws 1935, c. 37, § 3, p. 152;
C.S.Supp.,1941, § 17-169;
R.S.1943, § 17-955;
Laws 1947, c. 40, § 3, p. 155;
Laws 1953, c. 287, § 24, p. 930;
Laws 1957, c. 35, § 1, p. 199;
Laws 1979, LB 187, § 63;
Laws 1992, LB 1063, § 9;
Laws 1992, Second Spec. Sess., LB 1, § 9;
Laws 2017, LB133, § 288.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-956 - Cold storage plants; construction and operation; power.

17-956.
Cold storage plants; construction and operation; power.
Cities of the second class and villages shall have the power to purchase, construct, maintain and improve cold storage or refrigeration plants for the use of their respective municipalities and the inhabitants thereof.
Source
Laws 1941, c. 24, § 1, p. 118;
C.S.Supp.,1941, § 17-801;
R.S.1943, § 17-956.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-957 - Cold storage plants; construction; cost; tax; bonds.

17-957.
Cold storage plants; construction; cost; tax; bonds.
The cost of cold storage or refrigeration plants under section 17-956 may be defrayed by the levy of a tax of not to exceed three and five-tenths cents on each one hundred dollars upon the taxable value of the taxable property within the corporate limits of such city or village in any one year or, when such tax is insufficient for the purpose, by the issuance of bonds of the municipality.
Source
Laws 1941, c. 24, § 2, p. 118;
C.S.Supp.,1941, § 17-802;
R.S.1943, § 17-957;
Laws 1953, c. 287, § 25, p. 945;
Laws 1979, LB 187, § 64;
Laws 1992, LB 1063, § 10;
Laws 1992, Second Spec. Sess., LB 1, § 10;
Laws 2017, LB133, § 289.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-958 - Cold storage plants; bonds; approval of electors; interest; redemption.

17-958.
Cold storage plants; bonds; approval of electors; interest; redemption.
The question of issuing bonds for any purpose contemplated by sections 17-956 to 17-960 shall be submitted to the electors at any election held for that purpose after not less than thirty days' notice has been given by publication in a legal newspaper in or of general circulation in such municipality. Such bonds may be issued only when a majority of the electors voting on the question favor their issuance. Such bonds shall bear interest, payable annually or semiannually, and shall be payable any time the municipality may determine at the time of their issuance but in not more than twenty years after their issuance. The aggregate amount of bonds that may be issued for the construction or purchase of a cold storage or refrigeration plant shall not exceed five percent of the taxable valuation of all the property in such city or village subject to taxation.
Source
Laws 1941, c. 24, § 3, p. 118;
C.S.Supp.,1941, § 17-803;
R.S.1943, § 17-958;
Laws 1969, c. 51, § 58, p. 308;
Laws 1971, LB 534, § 19;
Laws 1986, LB 960, § 9;
Laws 1992, LB 719A, § 64;
Laws 2017, LB133, § 290.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-959 - Cold storage plants; operation and extension; tax.

17-959.
Cold storage plants; operation and extension; tax.
The city council or village board of trustees shall levy annually a sufficient tax to maintain, operate, and extend any cold storage or refrigeration plant as provided under section 17-956 and to provide for the payment of the interest on, and principal of, any bonds that may have been issued as provided in section 17-957.
Source
Laws 1941, c. 24, § 3, p. 119;
C.S.Supp.,1941, § 17-803;
R.S.1943, § 17-959;
Laws 2017, LB133, § 291.