reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-2150 - Surplus property; sale proceeds; disposition.

14-2150.
Surplus property; sale proceeds; disposition.
Whenever any of the property of a utility under the control of a metropolitan utilities district, whether real property or personal property, is no longer required for the operation of such utility, the district may sell and convey such surplus property, whether the property was acquired directly by the district or as a part of the utility plant or system acquired by the city of the metropolitan class or any municipality or other political subdivision constituting a part of the district. Proceeds of the sale of such surplus property shall be credited to the utility of which the property was a part, or when funds of more than one utility have been invested in property involved in a consolidated operation of the district, proceeds of such sale shall be apportioned among the utilities involved in such consolidated operation upon some reasonable basis determined by the board of directors of the district.
Source
Laws 1972, LB 1250, § 1;
R.S.1943, (1991), § 14-1115;
Laws 1992, LB 746, § 50.
Annotations
This section removed from metropolitan city any right to sell and convey utility property, gave that right to the metropolitan utilities district, and determined manner of disposition of proceeds of sale. Lynch v. Metropolitan Utilities Dist., 192 Neb. 17, 218 N.W.2d 546 (1974).
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-2151 - Utilities district; bonds; when not required.

14-2151.
Utilities district; bonds; when not required.
No bond for costs, appeal, supersedeas, injunction, or attachment shall be required of any metropolitan utilities district or of any officer, board, head of any department, agent, or employee of any such district in any proceeding or court action in which the metropolitan utilities district or any officer, board, head of department, agent, or employee is a party litigant in its, his, or her official capacity.
Source
Laws 1965, c. 34, § 1, p. 225;
R.S.1943, (1991), § 14-1114;
Laws 1992, LB 746, § 51.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-2152 - Utilities district; elections; procedure.

14-2152.
Utilities district; elections; procedure.
The elections provided for in sections 14-2102, 14-2120, 14-2142, and 14-2157 shall be held according to the Election Act.
Source
Laws 1913, c. 143, § 19, p. 360;
R.S.1913, § 4261;
C.S.1922, § 3764;
C.S.1929, § 14-1020;
R.S.1943, § 14-1030;
R.S.1943, (1991), § 14-1030;
Laws 1992, LB 746, § 52;
Laws 1994, LB 76, § 479.
Cross References
Election Act, see section 32-101.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-2153 - Utilities district; restriction on sale of equipment or appliances.

14-2153.
Utilities district; restriction on sale of equipment or appliances.
A metropolitan utilities district shall not sell any gas-burning equipment or appliances, at either retail or wholesale, if the retail price of that item exceeds fifty dollars, except that newly developed gas-burning appliances may be merchandised and sold during the period of time in which any such appliances are being introduced to the public. New models of existing appliances shall not be deemed to be newly developed appliances. A gas-burning appliance shall be considered to be in such introductory period of time until the particular type of appliance is used by twenty-five percent of all the gas customers served by such district, but such period shall in no event exceed seven years from the date of introduction by the manufacturer of the new appliance to the local market.
Source
Laws 1921, c. 111, § 1, p. 390;
C.S.1922, § 3775;
C.S.1929, § 14-1101;
R.S.1943, § 14-1101;
Laws 1961, c. 34, § 1, p. 155;
R.S.1943, (1991), § 14-1101;
Laws 1992, LB 746, § 53.
Annotations
Name of existing district was derived from this section. Erickson v. Metropolitan Utilities Dist., 171 Neb. 654, 107 N.W.2d 324 (1961).
Metropolitan utilities district is a municipal corporation created by statute to take over, control and operate the water plant formerly owned by the city of Omaha and certain other public utilities. Keystone Investment Company v. Metropolitan Utilities District, 113 Neb. 132, 202 N.W. 416 (1925), 37 A.L.R. 1507 (1925).
Metropolitan utilities district is a corporation, and as such, it succeeded to the rights, powers and duties of the water board and the metropolitan water district. State ex rel. Metropolitan Utilities District v. City of Omaha, 112 Neb. 694, 200 N.W. 871 (1924), 46 A.L.R. 602 (1924).
In 1921, metropolitan utilities district became the successor of the metropolitan water district and has all the powers and authority conferred upon the district as fully and effectually as though the corporate name had not been changed. Metropolitan Utilities District v. City of Omaha, 112 Neb. 93, 198 N.W. 858 (1924).
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-2154 - Utilities district; energy conservation or weatherization programs; establish; powers.

14-2154.
Utilities district; energy conservation or weatherization programs; establish; powers.
A metropolitan utilities district may establish energy conservation or weatherization programs that will encourage and promote the efficient use of energy supplies. A metropolitan utilities district may enter into agreements with companies, service organizations, municipalities, political subdivisions, or state or federal agencies to establish or participate in such programs. Such participation may include the providing of administrative or other similar services from the district's separate gas utility for the support of such programs.
Source
Laws 1983, LB 362, § 1;
R.S.1943, (1991), § 14-1102.01;
Laws 1992, LB 746, § 54.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-2155 - Utilities district; public offstreet motor vehicle parking facilities; location.

14-2155.
Utilities district; public offstreet motor vehicle parking facilities; location.
A metropolitan utilities district is hereby authorized to own, purchase, construct, equip, and operate public offstreet motor vehicle parking facilities on property owned or leased by such district within the area designated as the civic center by the city council in the master plan of a city of the metropolitan class. Such parking facilities shall be constructed upon land contiguous to the office or administrative headquarters of such district and shall be used in whole or in part in connection therewith.
Source
Laws 1973, LB 577, § 1;
R.S.1943, (1991), § 14-1116;
Laws 1992, LB 746, § 55.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-2156 - Utilities district; public offstreet motor vehicle parking facilities; bonds; powers.

14-2156.
Utilities district; public offstreet motor vehicle parking facilities; bonds; powers.
A metropolitan utilities district shall have authority to issue bonds and evidences of indebtedness for the purposes of acquiring, purchasing, constructing, and equipping such parking facilities as provided in section 14-2142 for other public utilities under its control and may manage the funds of such parking facilities and borrow money as provided by section 14-2141 for other utilities.
Source
Laws 1973, LB 577, § 2;
R.S.1943, (1991), § 14-1117;
Laws 1992, LB 746, § 56.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-2157 - Utilities district; termination; petition; election.

14-2157.
Utilities district; termination; petition; election.
The existence of a metropolitan utilities district may be terminated by the people of the district in the following manner: Upon the filing of a petition with the board of directors signed by fifteen percent of the registered voters of the district at least thirty days prior to the date of any general state election requesting that the question of the continuance or termination of the existence of such district be submitted to a vote of the registered voters of the district, it shall be the duty of such board to submit the question at such general state election, and if a majority of the votes cast thereon shall be in favor of the continuance of such district, then it shall continue, otherwise its existence shall cease at the close of the thirty-first day of the following month.
Source
Laws 1913, c. 143, § 21, p. 361;
R.S.1913, § 4263;
C.S.1922, § 3766;
C.S.1929, § 14-1022;
R.S.1943, § 14-1032;
R.S.1943, (1991), § 14-1032;
Laws 1992, LB 746, § 57.
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-101 - Cities of the primary class, defined; population required.

15-101.
Cities of the primary class, defined; population required.
All cities having more than one hundred thousand and less than four hundred thousand inhabitants as determined by the most recent federal decennial census or the most recent revised certified count by the United States Bureau of the Census shall be known as cities of the primary class. The population of a city of the primary class shall consist of the people residing within the territorial boundaries of such city and the residents of any territory duly and properly annexed to such city.
Source
Laws 1901, c. 16, § 1, p. 71;
R.S.1913, § 4404;
C.S.1922, § 3780;
C.S.1929, § 15-101;
R.S.1943, § 15-101;
Laws 1947, c. 50, § 2, p. 171;
Laws 1961, c. 58, § 2, p. 216;
Laws 1965, c. 85, § 2, p. 328;
Laws 1993, LB 726, § 4;
Laws 2017, LB113, § 7;
Laws 2022, LB820, § 3.
Annotations
A city may put into its home rule charter any provisions that it deems proper so long as they do not run contrary to the Constitution or to any general statute. Eppley Hotels Co. v. City of Lincoln, 133 Neb. 550, 276 N.W. 196 (1937).
In matters relating exclusively to local and municipal affairs, home rule charter prevails over conflicting provisions in statute. Pester v. City of Lincoln, 127 Neb. 440, 255 N.W. 923 (1934).
Home rule charter may not contravene Constitution or general statutes. Schroeder v. Zehrung, 108 Neb. 573, 188 N.W. 237 (1922).
Classification is not special legislation although only one city in state falls within class. State ex rel. Pentzer v. Malone, 74 Neb. 645, 105 N.W. 893 (1905).
Act was not void as to tax commissioners, nor was it amendatory of state revenue law. State ex rel. Prout v. Aitken, 62 Neb. 428, 87 N.W. 153 (1901).
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-102 - Declaration as city of the primary class; when.

15-102.
Declaration as city of the primary class; when.
Whenever any city of the first class attains a population of more than one hundred thousand inhabitants as determined by the most recent federal decennial census or the most recent revised certified count by the United States Bureau of the Census, the mayor of such city shall certify such fact to the Secretary of State, who upon the filing of such certificate shall by proclamation declare such city to be a city of the primary class.
Source
Laws 1901, c. 16, § 2, p. 71;
R.S.1913, § 4405;
C.S.1922, § 3781;
C.S.1929, § 15-102;
R.S.1943, § 15-102;
Laws 1967, c. 53, § 1, p. 189;
Laws 2017, LB113, § 8;
Laws 2020, LB1003, § 5.
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-103 - Declaration as city of the primary class; government pending reorganization.

15-103.
Declaration as city of the primary class; government pending reorganization.
The government of a city of the first class which is declared to be a city of the primary class pursuant to section 15-102 shall continue in authority from the date of such declaration until reorganization as a city of the primary class.
Source
Laws 1901, c. 16, § 3, p. 71;
R.S.1913, § 4406;
C.S.1922, § 3782;
C.S.1929, § 15-103;
R.S.1943, § 15-103;
Laws 2020, LB1003, § 6.
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-104 - Corporate limits; extension; annexation of villages; powers of city council.

15-104.
Corporate limits; extension; annexation of villages; powers of city council.
The corporate limits of a city of the first class which is declared to be a city of the primary class pursuant to section 15-102 shall remain as before such declaration. The city council may by ordinance at any time include within the corporate limits of such city any contiguous or adjacent lands, lots, tracts, streets, or highways such distance and in such direction as may be deemed proper. The city council may include, annex, merge, or consolidate with such city, by such extension of its corporate limits, any village which is within the extraterritorial zoning jurisdiction of such city and which it serves with water service or supply or with a sanitary sewerage system and service, or both such water and sanitary sewerage service. Such city shall have power by ordinance to compel owners of land so brought within the corporate limits to lay out streets and public ways to conform to and be continuous with the streets and ways of such city, or otherwise as appears best for the convenience of the inhabitants of such city and the public. Such city may vacate any public road established through such land when necessary to secure regularity in the general system of its public ways.
Source
Laws 1901, c. 16, § 4, p. 71;
R.S.1913, § 4407;
Laws 1919, c. 41, § 1, p. 124;
C.S.1922, § 3783;
C.S.1929, § 15-104;
R.S.1943, § 15-104;
Laws 1957, c. 51, § 9, p. 242;
Laws 1963, c. 86, § 1, p. 295;
Laws 1965, c. 43, § 1, p. 238;
Laws 2020, LB1003, § 7.
Annotations
Lands annexed by city of primary class met all requirements set out in this section. Campbell v. City of Lincoln, 182 Neb. 459, 155 N.W.2d 444 (1968).
Agricultural lands may not be annexed to city where the sole object of annexation is to increase its revenue. Witham v. City of Lincoln, 125 Neb. 366, 250 N.W. 247 (1933).
Under conditions stated, council had power to include plaintiff's land in city. Miller v. City of Lincoln, 94 Neb. 577, 143 N.W. 921 (1913).
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-105 - Corporate limits; extension; contiguous territory, defined.

15-105.
Corporate limits; extension; contiguous territory, defined.
For purposes of sections 15-104 to 15-106.02, land shall be deemed contiguous although a stream, embankments, or a strip or parcel of land, not more than five hundred feet wide, lies between such land and the corporate limits.
Source
Laws 1901, c. 16, § 5, p. 72;
R.S.1913, § 4408;
C.S.1922, § 3784;
C.S.1929, § 15-105;
R.S.1943, § 15-105;
Laws 1972, LB 1147, § 1;
Laws 2020, LB1003, § 8.
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-106.01 - Certain additions with low population density; included within corporate limits of city; when.

15-106.01.
Certain additions with low population density; included within corporate limits of city; when.
Commencing on April 17, 1982, an addition which has been approved pursuant to section 15-106 and is adjoining or contiguous to the corporate boundaries of a city of the primary class but which includes land which lies wholly or partially (1) outside of the area designated and described as being for future urban uses in the comprehensive plan adopted by the city pursuant to sections 15-1102 and 15-1103 and (2) within a zoning district adopted pursuant to section 15-902 which allows a residential density of not more than one dwelling per acre shall be included within the corporate limits of the city only upon the enactment of a city ordinance specifically annexing such addition.
Source
Laws 1982, LB 909, § 2;
Laws 1993, LB 39, § 2;
Laws 2020, LB1003, § 10.
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-106.02 - Certain agricultural-industrial reserve additions; included within corporate limits of city; when.

15-106.02.
Certain agricultural-industrial reserve additions; included within corporate limits of city; when.
Commencing on April 17, 1982, an addition which has been approved pursuant to section 15-106 and is adjoining or contiguous to the corporate boundaries of a city of the primary class, but which (1) includes land which lies wholly or partially within the area designated as being for future urban uses in the comprehensive plan adopted by the city pursuant to sections 15-1102 and 15-1103 and (2) is set aside in such comprehensive plan as an agricultural-industrial reserve shall be included within the corporate limits of the city only upon the enactment of a city ordinance specifically annexing such addition.
Source
Laws 1982, LB 909, § 3;
Laws 2020, LB1003, § 11.
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-107 - Corporate name; service of process.

15-107.
Corporate name; service of process.
The corporate name of each city of the primary class shall be The City of ............. . All process affecting any such city shall be served in the manner provided for service of a summons in a civil action.
Source
Laws 1901, c. 16, § 7, p. 73;
R.S.1913, § 4410;
C.S.1922, § 3786;
C.S.1929, § 15-107;
R.S.1943, § 15-107;
Laws 1983, LB 447, § 4.
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-108 - Reorganization; rights and privileges preserved.

15-108.
Reorganization; rights and privileges preserved.
When any city of the first class is declared a city of the primary class pursuant to section 15-102, all trusts, rights, and privileges of such city of the first class shall be transmitted to and be invested in such city of the primary class.
Source
Laws 1901, c. 16, § 8, p. 73;
R.S.1913, § 4411;
C.S.1922, § 3787;
C.S.1929, § 15-108;
R.S.1943, § 15-108;
Laws 2020, LB1003, § 12.
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-110 - Precincts; numbering; division.

15-110.
Precincts; numbering; division.
Precinct lines within the corporate limits of a city of the primary class shall correspond in number with the ward and be coextensive with such limits, except that
when a ward is divided into election districts, the precinct corresponding with such ward shall be divided to correspond with the election district.
Source
Laws 1901, c. 16, § 11, p. 74;
R.S.1913, § 4413;
C.S.1922, § 3789;
C.S.1929, § 15-110;
R.S.1943, § 15-110;
Laws 1961, c. 35, § 1, p. 157;
Laws 2020, LB1003, § 13.
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-111 - Cities and villages; consolidation; petition; election; ballot forms.

15-111.
Cities and villages; consolidation; petition; election; ballot forms.
A city of the second class or village, which adjoins a city of the primary class, as well as other villages either adjoining such city of the second class or village, or supplied in whole or in part with gas, electric light, or street transportation service or supply from manufacturing or power plants and systems mainly located in and maintained and operated mainly from chief headquarters or offices within such city of the primary class, may be consolidated with such city of the primary class in the manner provided in sections 15-111 to 15-118. It shall be the duty of the officers of such cities of the second class and villages twenty days prior to any general city or village election, to submit to the electors of such cities or villages at such general city or village election whenever petitioned to do so by twenty percent of the qualified electors of such cities or villages, the question of the consolidation of such adjoining cities or villages with the city of the primary class. Such question shall be submitted in substantially the following form:
Shall the city of ........... be consolidated with the city of ........... ? Or, as the case may be, Shall the village of .......... be consolidated with the city of .......... ? The ballot shall provide in the usual manner for a Yes and No vote on the question.
Source
Laws 1921, c. 202, § 1, p. 730;
C.S.1922, § 3790;
C.S.1929, § 15-111;
R.S.1943, § 15-111;
Laws 1955, c. 55, § 1, p. 177;
Laws 2020, LB1003, § 14.
Annotations
Action of city council, in passing on validity of proceedings for consolidation, was final in absence of fraud or mistake. State ex rel. Loomis v. City of Lincoln, 119 Neb. 352, 229 N.W. 19 (1930).
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-112 - Consolidation; approval at election; certification.

15-112.
Consolidation; approval at election; certification.
If at an election held pursuant to section 15-111 a majority of the vote cast in a city of the second class or village shall be in favor of consolidation, the result shall be certified to the city council of the city of the primary class. If the city council of such city of the primary class approves of the consolidation, an ordinance shall be passed extending the limits of such city to include all the territory of the city of the second class or village voting for consolidation, and the city or cities, village or villages, so consolidated with the city of the primary class shall become a part thereof.
Source
Laws 1921, c. 202, § 2, p. 730;
C.S.1922, § 3791;
C.S.1929, § 15-112;
R.S.1943, § 15-112;
Laws 2020, LB1003, § 15.
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-113 - Consolidated or annexed cities and villages; rights and liabilities of city, franchise holders, and licensees.

15-113.
Consolidated or annexed cities and villages; rights and liabilities of city, franchise holders, and licensees.
Whenever any city of the primary class shall extend its boundaries so as to annex any village, or whenever there is consolidation taking effect in the manner provided in sections 15-111 to 15-118, the charter, laws, ordinances, powers, and government of such city of the primary class, shall at once extend over the territory embraced within any such city or village so annexed or consolidated with it. Such city of the primary 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 such city or village so annexed or consolidated with it. Such city of the primary class shall be liable for and assume and carry out all valid contracts, obligations, franchises, and licenses of any such city or village so annexed or consolidated with it. Such city or village so annexed or consolidated with such city of the primary class shall be deemed fully compensated by virtue of such annexation or consolidation and such assumption of its obligations and contracts for all its property and property rights of every kind so acquired. Any public franchise granted to or held by any person or corporation from such city of the primary class, before such consolidation or annexation, shall not by virtue of such consolidation or annexation be extended into, upon, or over the streets or public places of such city or village so consolidated with or annexed by such city of the primary class. Any public franchise, license, or privilege granted to or held by any person or corporation from any of the cities or villages consolidated with or annexed by such city of the primary class before such consolidation or annexation shall not by virtue of such consolidation be extended into, upon, or over the streets, alleys, or public places of the city of the primary class involved in such consolidation or annexation.
Source
Laws 1921, c. 202, § 3, p. 731;
C.S.1922, § 3792;
C.S.1929, § 15-113;
R.S.1943, § 15-113;
Laws 1965, c. 43, § 2, p. 239;
Laws 2020, LB1003, § 16.
Annotations
Upon consolidation of village with city of the primary class, status of streets as to vacation was subject to conditions binding upon the village. Dell v. City of Lincoln, 170 Neb. 176, 102 N.W.2d 62 (1960).
Upon consolidation with another municipality, city of Lincoln became liable for, assumed and was required to carry out all valid obligations of the municipality consolidated with it. Enyeart v. City of Lincoln, 136 Neb. 146, 285 N.W. 314 (1939).
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-115 - Consolidated or annexed cities and villages; taxes, fines, fees, claims; inure to city of the primary class.

15-115.
Consolidated or annexed cities and villages; taxes, fines, fees, claims; inure to city of the primary class.
All taxes, assessments, fines, licenses, fees, claims, and demands of every kind assessed or levied against persons or property within any city of the second class or village consolidated with or annexed by any city of the primary class as provided in sections 15-111 to 15-118, shall be paid to and collected by such city of the primary class.
Source
Laws 1921, c. 202, § 5, p. 732;
C.S.1922, § 3794;
C.S.1929, § 15-115;
R.S.1943, § 15-115;
Laws 1965, c. 43, § 3, p. 239;
Laws 2020, LB1003, § 17.
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-116 - Consolidated or annexed cities and villages; authorized taxes, assessments; right of city of the primary class to assess and levy.

15-116.
Consolidated or annexed cities and villages; authorized taxes, assessments; right of city of the primary class to assess and levy.
All taxes and special assessments which a city of the second class or village consolidated with or annexed by a city of the primary class as provided in sections 15-111 to 15-118 was authorized to levy or assess and which are not levied or assessed at the time of such consolidation or annexation for any kind of public improvements made by it or in process of construction or contracted for, may be levied or assessed by such city of the primary class, and such city of the primary class shall have the power to reassess all special assessments or taxes levied or assessed by any such city of the second class or village thus consolidated or annexed with it, in all cases where such city of the second class or village is authorized to make reassessments or relevies of such taxes and assessments.
Source
Laws 1921, c. 202, § 6, p. 732;
C.S.1922, § 3795;
C.S.1929, § 15-116;
R.S.1943, § 15-116;
Laws 1965, c. 43, § 4, p. 240;
Laws 2020, LB1003, § 18.
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-117 - Consolidated or annexed cities and villages; actions pending; claims; claimants' rights.

15-117.
Consolidated or annexed cities and villages; actions pending; claims; claimants' rights.
All actions at law or in equity pending in any court in favor of or against any city of the second class or village consolidated with or annexed by a city of the primary class as provided in sections 15-111 to 15-118 at the time such consolidation or annexation takes effect, shall be prosecuted by or defended by such city of the primary class, and all rights of action existing against any city of the second class or village consolidated with or annexed by such city of the primary class at the time of such consolidation or annexation or accruing thereafter on account of any transaction had with or under any law or ordinance of such city of the second class or village, may be prosecuted against such city of the primary class.
Source
Laws 1921, c. 202, § 7, p. 732;
C.S.1922, § 3796;
C.S.1929, § 15-117;
R.S.1943, § 15-117;
Laws 1965, c. 43, § 5, p. 240;
Laws 2020, LB1003, § 19.
Annotations
Right of action on account of injuries received, due to negligence of municipality prior to consolidation with city of Lincoln, could be prosecuted after consolidation against latter city. Enyeart v. City of Lincoln, 136 Neb. 146, 285 N.W. 314 (1939).
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-118 - Consolidated or annexed cities and villages; books, records, property; transfer to city; offices; termination.

15-118.
Consolidated or annexed cities and villages; books, records, property; transfer to city; offices; termination.
All officers of any city of the second class or village consolidated with or annexed by a city of the primary class as provided in sections 15-111 to 15-118 having books, papers, records, bonds, funds, effects, or property of any kind in their hands or under their control belonging to such city of the second class or village, shall upon taking effect of such consolidation or annexation deliver the same to the respective officers of such city of the primary class as may be by law or ordinance or limitation of such city entitled or authorized to receive the same. Upon such consolidation or annexation taking effect, the terms and tenure of all offices and officers of any such city of the second class or village so consolidated with or annexed by such city of the primary class shall terminate.
Source
Laws 1921, c. 202, § 8, p. 732;
C.S.1922, § 3797;
C.S.1929, § 15-118;
R.S.1943, § 15-118;
Laws 1965, c. 43, § 6, p. 241;
Laws 2020, LB1003, § 20.
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-201.01 - Extraterritorial zoning jurisdiction or authority; exercise outside of county.

15-201.01.
Extraterritorial zoning jurisdiction or authority; exercise outside of county.
Any extraterritorial zoning jurisdiction or authority which a city of the primary class may exercise outside of its corporate limits by authority of state law may be exercised by such city outside of the county in which such city is located.
Source
Laws 1967, c. 75, § 7, p. 242;
Laws 2020, LB1003, § 22.
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-201.02 - Purchase of real or personal property; installment contracts authorized.

15-201.02.
Purchase of real or personal property; installment contracts authorized.
In addition to any other powers granted to it by law, a city of the primary class may enter into installment contracts for the purchase of real or personal property. Such contracts need not be restricted to a single year and may provide for the purchase of the property in installment payments to be paid over more than one fiscal year. This section shall be in addition to and notwithstanding the provisions of a home rule charter.
Source
Laws 1988, LB 978, § 1;
Laws 2006, LB 1175, § 1.
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-202 - Property and occupation taxes; power to levy; limitations.

15-202.
Property and occupation taxes; power to levy; limitations.
A city of the primary class shall have the power to levy taxes for general revenue purposes on all property within the corporate limits of the city taxable according to the laws of Nebraska and to levy an occupation tax on public service property or corporations in such amounts as may be proper and necessary, in the judgment of the mayor and city council, for purposes of revenue. All such taxes shall be uniform with respect to the class upon which they are imposed. The occupation tax may be based upon a certain percentage of the gross receipts of such public service corporation or upon such other basis as may be determined upon by the mayor and city council. After March 27, 2014, any occupation tax imposed pursuant to this section shall make a reasonable classification of businesses, users of space, or kinds of transactions for purposes of imposing such tax, except that no occupation tax shall be imposed on any transaction which is subject to tax under section 53-160, 66-489, 66-489.02, 66-4,140, 66-4,145, 66-4,146, 77-2602, or 77-4008 or which is exempt from tax under section 77-2704.24. The occupation tax shall be imposed in the manner provided in section 18-1208, except that section 18-1208 does not apply to an occupation tax subject to section 86-704.
Source
Laws 1901, c. 16, § 129, I, p. 126;
Laws 1905, c. 16, § 11, p. 212;
Laws 1907, c. 9, § 12, p. 84;
R.S.1913, § 4416;
C.S.1922, § 3800;
C.S.1929, § 15-203;
R.S.1943, § 15-202;
Laws 2001, LB 329, § 13;
Laws 2012, LB745, § 3;
Laws 2014, LB474, § 2;
Laws 2020, LB1003, § 23.
Annotations
Tax based upon gross receipts, though part received from long distance tolls, is valid. Nebraska Tel. Co. v. City of Lincoln, 82 Neb. 59, 117 N.W. 284 (1908).
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-203 - Occupation tax; power to levy; exemptions.

15-203.
Occupation tax; power to levy; exemptions.
A city of the primary class shall have power to raise revenue by levying and collecting a license or occupation tax on any person, partnership, limited liability company, corporation, or business within the limits of the city and regulate the same by ordinance except as otherwise provided in this section and in section 15-212. After March 27, 2014, any occupation tax imposed pursuant to this section shall make a reasonable classification of businesses, users of space, or kinds of transactions for purposes of imposing such tax, except that no occupation tax shall be imposed on any transaction which is subject to tax under section 53-160, 66-489, 66-489.02, 66-4,140, 66-4,145, 66-4,146, 77-2602, or 77-4008 or which is exempt from tax under section 77-2704.24. The occupation tax shall be imposed in the manner provided in section 18-1208, except that section 18-1208 does not apply to an occupation tax subject to section 86-704. All such taxes shall be uniform in respect to the class upon which they are imposed. All scientific and literary lectures and entertainments shall be exempt from such taxation as well as concerts and all other musical entertainments given exclusively by the citizens of the city.
Source
Laws 1901, c. 16, § 129, XIV, p. 130;
Laws 1905, c. 16, § 11, p. 212;
R.S.1913, § 4425;
C.S.1922, § 3809;
C.S.1929, § 15-212;
R.S.1943, § 15-203;
Laws 1993, LB 121, § 131;
Laws 2012, LB745, § 4;
Laws 2014, LB474, § 3.
Annotations
Assessment of occupation tax based on gross earnings and also a franchise tax is not double taxation. Lincoln Traction Co. v. City of Lincoln, 84 Neb. 327, 121 N.W. 435 (1909); Nebraska Tel. Co. v. City of Lincoln, 82 Neb. 59, 117 N.W. 284 (1908).
Payment of an occupation tax cannot be made a condition precedent to obtaining a license to conduct business sought to be taxed. State ex rel. School Dist. of City of Lincoln v. Aitken, 61 Neb. 490, 85 N.W. 395 (1901).
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-204 - Additional taxes; authorized.

15-204.
Additional taxes; authorized.
A city of the primary class shall have the power to levy any other tax or special assessment authorized by law and to appropriate money and provide for the payment of the debts and expenses of the city.
Source
Laws 1901, c. 16, § 129, II, p. 126;
R.S.1913, § 4417;
C.S.1922, § 3801;
C.S.1929, § 15-204;
R.S.1943, § 15-204;
Laws 2020, LB1003, § 24.
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-205 - Safety regulations; sidewalk structures; powers.

15-205.
Safety regulations; sidewalk structures; powers.
A city of the primary class shall have the power to (1) remove all obstructions from the sidewalk, 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 such obstructions there and (2) regulate the building of bulkheads, cellars, basements, stairways, railways, windows, doorways, awnings, lampposts, awning posts, and all other structures upon or over adjoining excavations through or under the sidewalks of the city.
Source
Laws 1901, c. 16, § 129, VI, p. 128;
R.S.1913, § 4418;
C.S.1922, § 3802;
C.S.1929, § 15-205;
R.S.1943, § 15-205;
Laws 2020, LB1003, § 25.
Annotations
Allowing and regulating entrances to basements through sidewalks is within reasonable discretion of mayor and council. State ex rel. McNerney v. Armstrong, 97 Neb. 343, 149 N.W. 786 (1914).
Where boiler room was constructed under proper authority from city, after maintenance for fifteen years, authorities could not have same removed as a nuisance. Tiernan v. Thorp, 88 Neb. 662, 130 N.W. 280 (1911).
City must keep streets and walks free of obstructions for entire width. Chapman v. City of Lincoln, 84 Neb. 534, 121 N.W. 596 (1909).
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-207 - Traffic; regulations; vehicle tax; powers.

15-207.
Traffic; regulations; vehicle tax; powers.
A city of the primary class shall have the power, by ordinance, to regulate the transportation of articles through the streets, to prevent injuries to the streets from overloaded vehicles, and to provide for a vehicle license or tax.
Source
Laws 1901, c. 16, § 129, VIII, p. 129;
Laws 1905, c. 16, § 11, p. 212;
R.S.1913, § 4420;
C.S.1922, § 3804;
C.S.1929, § 15-207;
R.S.1943, § 15-207;
Laws 2020, LB1003, § 26.
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-208 - Signs and obstructions on streets and public property; traffic and safety regulations; powers.

15-208.
Signs and obstructions on streets and public property; traffic and safety regulations; powers.
A city of the primary class shall have the power to (1) prevent and remove all encroachments on streets, avenues, alleys, and other city property, (2) prevent and punish horseracing, fast driving or riding in the streets, highways, alleys, bridges, or other places in the city, (3) regulate all games, practices, or amusements within the city likely to result in damage to any person or property, (4) regulate the riding, driving, or passing along any street of the city, (5) regulate and prevent the use of streets, sidewalks, and public grounds for signs, signposts, awnings, telephone or other poles, racks, bulletin boards, and the posting of handbills and advertisements, (6) regulate traffic and sales upon the streets, (7) prohibit and punish cruelty to animals, and (8) regulate and prevent the moving of buildings through or upon the streets.
Source
Laws 1901, c. 16, § 129, IX, p. 129;
R.S.1913, § 4421;
C.S.1922, § 3805;
C.S.1929, § 15-208;
R.S.1943, § 15-208;
Laws 2020, LB1003, § 27.
Annotations
The fact that the Legislature enacts a law making driving a motor vehicle while intoxicated a crime, does not abrogate city ordinance defining and prescribing a penalty for same offense, or deprive municipality of power to legislate on same subject in future. State v. Hauser, 137 Neb. 138, 288 N.W. 518 (1939).
City of Lincoln does not have power under home rule charter to require by ordinance a sign painter to pay ten dollars annual license fee in addition to inspectors' regulatory permit and fee of one dollar for each sign. State v. Wiggenjost, 130 Neb. 450, 265 N.W. 422 (1936).
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-209 - Railroads, depots, warehouses; power to regulate.

15-209.
Railroads, depots, warehouses; power to regulate.
A city of the primary class shall have the power, by ordinance, to regulate levees, depots, depot grounds, and places for storing freight and goods and to provide for and regulate the passing of railways through the streets and public grounds of the city, reserving the rights of all persons injured thereby.
Source
Laws 1901, c. 16, § 129, X, p. 129;
R.S.1913, § 4422;
C.S.1922, § 3806;
C.S.1929, § 15-209;
R.S.1943, § 15-209;
Laws 2020, LB1003, § 28.
Annotations
Selection and grading of streets by railway company for its track are subject to regulation and control of city. Omaha, L. & B. Ry. Co. v. City of Lincoln, 97 Neb. 122, 149 N.W. 319 (1914).
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-210 - Parks, monuments, recreation centers; acquire; construct; maintain; donations.

15-210.
Parks, monuments, recreation centers; acquire; construct; maintain; donations.
A city of the primary class shall have the power to (1) acquire, hold, and improve public grounds, parks, playgrounds, swimming pools, recreation centers, or any other park or recreational use or facility within or without the limits of the city, (2) provide for the protection and preservation and use of such grounds, parks, and other uses and facilities, (3) provide for the planting and protection of trees, (4) erect and construct or aid in the erection and construction of statues, memorials, works of art, and other structures upon any public grounds of the city or state or political subdivision thereof, and (5) receive grants, devises, donations, and bequests of money or property for the purposes described in this section, in trust or otherwise.
Source
Laws 1901, c. 16, § 129, XI, p. 129;
Laws 1911, c. 11, § 2, p. 91;
R.S.1913, § 4423;
C.S.1922, § 3807;
C.S.1929, § 15-210;
R.S.1943, § 15-210;
Laws 1959, c. 41, § 1, p. 222;
Laws 1967, c. 55, § 1, p. 190;
Laws 2020, LB1003, § 29.
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-211 - Lots; drainage; costs; special assessment.

15-211.
Lots; drainage; costs; special assessment.
A city of the primary class may, by ordinance, require any and all lots or pieces of ground within the city or within its extraterritorial zoning jurisdiction to be drained or filled so as to prevent stagnant water or any other nuisance accumulating thereon. Upon the failure of the owners of such lots or pieces of ground to fill or drain the lots or pieces when so required, the city council may cause such lots or pieces of ground to be drained or filled, and the cost and expenses thereof shall be levied upon the property so filled or drained and collected as a special assessment.
Source
Laws 1901, c. 16, § 129, XII, p. 130;
R.S.1913, § 4424;
C.S.1922, § 3808;
C.S.1929, § 15-211;
R.S.1943, § 15-211;
Laws 2015, LB266, § 3;
Laws 2015, LB361, § 12;
Laws 2020, LB1003, § 30.
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-212 - Peddlers and vendors; regulation.

15-212.
Peddlers and vendors; regulation.
A city of the primary class shall have the power, by ordinance, to prescribe the kind and description of articles which may be sold and places to be occupied by vendors and may authorize the immediate seizure and arrest or removal from the markets of persons violating regulations fixed by ordinance, together with any articles of produce in their possession, and the immediate seizure and destruction of tainted or unsound meat or other provisions. Nothing in this section shall be construed to authorize the city council by ordinance to assess or impose any tax, assessment, fine, or punishment on any farmer or producer for selling at any time within the city any article of provision or vegetables grown or produced by the farmer or producer.
Source
Laws 1901, c. 16, § 129, XVI, p. 131;
R.S.1913, § 4426;
C.S.1922, § 3810;
C.S.1929, § 15-213;
R.S.1943, § 15-212;
Laws 2020, LB1003, § 31.
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-215 - Theatres, churches, halls; licenses; safety regulations.

15-215.
Theatres, churches, halls; licenses; safety regulations.
A city of the primary class shall have the power to regulate, license, or suppress halls, opera houses, churches, places of amusement, entertainment, or instruction, or other buildings used for the assembly of citizens. A city of the primary class may cause such buildings to be provided with sufficient and ample means of exit and entrance and to be supplied with necessary and appropriate appliances for the extinguishment of fires and for escape from such places in case of fire. A city of the primary class may prevent overcrowding and regulate the placing of seats, chairs, benches, scenery, curtains, blinds, screens, or other appliances in such buildings. A city of the primary class may provide that for any violation of any such regulation a penalty of not to exceed two hundred dollars shall be imposed, and that upon the conviction of any violation of any ordinance regulating such places, the license of such place shall be revoked by the mayor and city council. Whenever the mayor or city council shall by resolution declare any such place to be unsafe, the license thereof shall be thereby revoked, and the city council may provide that in any case where they have so revoked the license, any owner, proprietor, manager, lessee, or person opening, using, or permitting such place to be opened or used, involving the assembling of more than twelve persons, shall upon conviction thereof be deemed guilty of a misdemeanor and fined in any sum not exceeding two hundred dollars.
Source
Laws 1901, c. 16, § 129, XIX, p. 132;
R.S.1913, § 4429;
C.S.1922, § 3813;
C.S.1929, § 15-216;
R.S.1943, § 15-215;
Laws 2020, LB1003, § 32.
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-216 - Buildings; construction; safety devices; regulation.

15-216.
Buildings; construction; safety devices; regulation.
A city of the primary class shall have the power, by ordinance, to prescribe the thickness, strength, and manner of constructing stone, brick, and other buildings and the number and construction of means of exit and entrance and of fire escapes. A city of the primary class may require the keeper and proprietor of any hotel, boarding house, or dormitory to provide and maintain such kind and number of ladders, ropes, balconies, and stairways, and other appliances, as by ordinance may be prescribed to facilitate the escape of persons from any such building in case of fire.
Source
Laws 1901, c. 16, § 129, XX, p. 133;
R.S.1913, § 4430;
C.S.1922, § 3814;
C.S.1929, § 15-217;
R.S.1943, § 15-216;
Laws 2020, LB1003, § 33.
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-217 - Auctions; licensing; regulation.

15-217.
Auctions; licensing; regulation.
A city of the primary class shall have the power to regulate, license, or prohibit the sale of domestic animals, goods, wares, and merchandise at public auction in the streets, alleys, highways, or any public grounds within the city and to regulate or license the auctioneering of goods, wares, and merchandise.
Source
Laws 1901, c. 16, § 129, XXI, p. 133;
R.S.1913, § 4431;
C.S.1922, § 3815;
C.S.1929, § 15-218;
R.S.1943, § 15-217;
Laws 1997, LB 752, § 74;
Laws 2020, LB1003, § 34.
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-218 - Animals at large; regulation; penalty.

15-218.
Animals at large; regulation; penalty.
A city of the primary class shall have the power, by ordinance, to regulate or prohibit the running at large of cattle, hogs, horses, mules, sheep, goats, dogs, and other animals and to cause such animals running at large to be impounded and sold to discharge the cost and penalties provided for violation of such prohibitions, and the fees and expenses of impounding and keeping such animals and of such sale.
Source
Laws 1901, c. 16, § 129, XXII, p. 133;
R.S.1913, § 4432;
C.S.1922, § 3816;
C.S.1929, § 15-219;
R.S.1943, § 15-218;
Laws 2020, LB1003, § 35.
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-219 - Pounds; power to establish; operation.

15-219.
Pounds; power to establish; operation.
A city of the primary class shall have the power to provide for the erection of all needful pens, pounds, and buildings for the use of the city, within or without such city limits, to appoint and compensate keepers thereof, and to establish and enforce rules governing such pens, pounds, and buildings.
Source
Laws 1901, c. 16, § 129, XXIII, p. 133;
R.S.1913, § 4433;
C.S.1922, § 3817;
C.S.1929, § 15-220;
R.S.1943, § 15-219;
Laws 2020, LB1003, § 36.
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-220 - Dogs and other animals; licensing; regulation.

15-220.
Dogs and other animals; licensing; regulation.
A city of the primary class shall have the power to regulate, license, or prohibit the running at large of dogs and other animals and guard against injuries or annoyances from such animals and to authorize the destruction of such animals when running at large contrary to the provisions of any ordinance. Any licensing provision shall comply with subsection (2) of section 54-603 for service animals.
Source
Laws 1901, c. 16, § 129, XXIV, p. 133;
R.S.1913, § 4434;
C.S.1922, § 3818;
C.S.1929, § 15-221;
R.S.1943, § 15-220;
Laws 1981, LB 501, § 2;
Laws 1997, LB 814, § 3;
Laws 2008, LB806, § 2;
Laws 2020, LB1003, § 37.
Cross References
For other provisions for regulation of dogs and cats, see sections 15-218, 54-601 to 54-624, and 71-4401 to 71-4412.