reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-708 - Funds; expenditure; appropriation condition precedent.

17-708.
Funds; expenditure; appropriation condition precedent.
The mayor and city council of a city of the second class or village board of trustees shall have no power to appropriate or to issue or draw any order or warrant on the city treasurer or village treasurer for money, unless the same has been appropriated or ordered by ordinance, or the claim for the payment of which such order or warrant is issued has been allowed according to the provisions of sections 17-714 and 17-715, and funds for the class or object out of which such claim is payable have been included in the adopted budget statement or transferred according to law.
Source
Laws 1879, § 88, p. 226;
R.S.1913, § 5186;
C.S.1922, § 4373;
C.S.1929, § 17-571;
Laws 1935, Spec. Sess., c. 10, § 10, p. 77;
Laws 1941, c. 130, § 18, p. 502;
C.S.Supp.,1941, § 17-571;
R.S.1943, § 17-708;
Laws 1959, c. 63, § 2, p. 283;
Laws 1961, c. 47, § 3, p. 185;
Laws 1967, c. 78, § 3, p. 249;
Laws 1969, c. 145, § 21, p. 685;
Laws 1972, LB 1423, § 2;
Laws 2017, LB133, § 220.
Annotations
An appropriation is not necessary where funds to meet expenditures are not raised by taxation, the obligation being payable alone out of funds on hand and the net earnings of light plant purchased. Carr v. Fenstermacher, 119 Neb. 172, 228 N.W. 114 (1929).
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-710 - Special assessments; expenditure; limitations.

17-710.
Special assessments; expenditure; limitations.
All money received on special assessments shall be held by the city treasurer of a city of the second class or village treasurer as a special fund to be applied to the payment of the improvement for which the assessment was made, and such money shall be used for no other purpose whatever, unless to reimburse such municipality for money expended for such improvement.
Source
Laws 1879, § 90, p. 227;
R.S.1913, § 5188;
C.S.1922, § 4375;
C.S.1929, § 17-573;
R.S.1943, § 17-710;
Laws 2017, LB133, § 222.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-711 - Warrants; how executed.

17-711.
Warrants; how executed.
All warrants drawn upon the city treasurer of a city of the second class or village treasurer must be signed by the mayor or chairperson of the village board of trustees and countersigned by the city clerk or village clerk, stating the particular fund to which the same is chargeable, the person to whom payable, and for what particular object. No money shall be otherwise paid than upon such warrants so drawn. Each warrant shall specify the amount included in the adopted budget statement for such fund upon which it is drawn and the amount already expended of such fund.
Source
Laws 1879, § 66, p. 210;
R.S.1913, § 5190;
C.S.1922, § 4380;
C.S.1929, § 17-578;
R.S.1943, § 17-711;
Laws 1969, c. 145, § 22, p. 686;
Laws 2017, LB133, § 223.
Annotations
Where warrants were drawn by the mayor and city clerk for the purchase of an addition to a cemetery, the title to which was later refused by the city council, without a prior appropriation therefor or without the sanction of a majority of the legal voters, the mayor and clerk who drew such warrant are liable to the city for the funds of the city so withdrawn through such warrant. City of Blair v. Lantry, 21 Neb. 247, 31 N.W. 790 (1887).
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-713 - Road tax; amount; when authorized.

17-713.
Road tax; amount; when authorized.
The city council or village board of trustees of a city of the second class or village shall, upon petition being filed with the city clerk or village clerk signed by a majority of the resident property owners of such city or village requesting such city council or village board of trustees to levy a tax upon the taxable valuation of the property in the city or village, make a levy as in such petition requested, not exceeding eighty-seven and five-tenths cents on each one hundred dollars of taxable valuation, and shall certify the same to the county board as other taxes are levied by the city or village, or certified, for the purpose of creating a fund. The fund shall be expended solely in the improvement of the public highways adjacent to the city or village and within five miles of such city or village, shall at all times be under the control and direction of the city council or village board of trustees, and shall be expended under the authority and direction of the city council or village board of trustees. The city council or village board of trustees is hereby granted the power and authority to employ such person or persons as it may select for the performance of such work under such rules and regulations as it may by ordinance provide.
Source
Laws 1905, c. 32, § 1, p. 263;
R.S.1913, § 5191;
C.S.1922, § 4381;
Laws 1925, c. 166, § 5, p. 438;
C.S.1929, § 17-579;
R.S.1943, § 17-713;
Laws 1979, LB 187, § 57;
Laws 1992, LB 719A, § 58;
Laws 2017, LB133, § 224.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-714 - Claims and accounts payable; filing; requirements; disallowance; notice; costs.

17-714.
Claims and accounts payable; filing; requirements; disallowance; notice; costs.
(1) All liquidated and unliquidated claims and accounts payable against a city of the second class or village shall (a) be presented in writing, (b) state the name and address of the claimant and the amount of the claim, and (c) fully and accurately identify the items or services for which payment is claimed or the time, place, nature, and circumstances giving rise to the claim.
(2) As a condition precedent to maintaining an action for a claim, other than a tort claim as defined in section 13-903, the claimant shall file such claim within ninety days of the accrual of the claim in the office of the city clerk or village clerk.
(3) The city clerk or village clerk shall notify the claimant or his or her agent or attorney by letter mailed to the claimant's address within five days if the claim is disallowed by the city council or village board of trustees.
(4) No costs shall be recovered against such city or village in any action brought against it for any claim or for any claim allowed in part which has not been presented to the city council or village board of trustees to be audited, unless the recovery is for a greater sum than the amount allowed with the interest due.
Source
Laws 1879, § 80, p. 223;
R.S.1913, § 5192;
C.S.1922, § 4382;
C.S.1929, § 17-580;
R.S.1943, § 17-714;
Laws 1955, c. 42, § 1, p. 157;
Laws 1990, LB 1044, § 2;
Laws 2017, LB133, § 225.
Annotations
Presentation of claim to municipal utility board, where that board had no power to consider claims nor any duty to forward claims to the city council, does not constitute compliance with this section. Hammond v. City of Broken Bow, 239 Neb. 437, 476 N.W.2d 822 (1991).
The word "claim" as used in this section applies alone to those arising upon contract and not in tort. Bayard v. City of Franklin, 87 Neb. 57, 127 N.W. 113 (1910); Butterfield v. City of Beaver City, 84 Neb. 417, 121 N.W. 592 (1909); Village of Ponca v. Crawford, 18 Neb. 551, 26 N.W. 365 (1886); Nance v. Falls City, 16 Neb. 85, 20 N.W. 109 (1884).
The requirement that no costs can be recovered unless the claim has been first presented to the mayor and council to be audited does not make their action judicial, and their decision does not have the force and effect of a judgment. State ex rel. Minden Edison E. L. & P. Co. v. City of Minden, 84 Neb. 193, 120 N.W. 913 (1909), 21 L.R.A.N.S. 289 (1909).
Fact that claim was filed with council need not be proved in personal injury cases. City of Lexington v. Fleharty, 74 Neb. 626, 104 N.W. 1056 (1905); City of Lexington v. Kreitz, 73 Neb. 770, 103 N.W. 444 (1905).
The failure to present a claim to council where the action is for personal injuries does not affect the right of recovery. City of Chadron v. Glover, 43 Neb. 732, 62 N.W. 62 (1895).
Failure to present claim to council prevents the recovery of costs but does not affect recovery otherwise. City of Crete v. Childs, 11 Neb. 252, 9 N.W. 55 (1881).
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-715 - Claims; allowance; payment.

17-715.
Claims; allowance; payment.
Upon the allowance of claims by the city council of a city of the second class or village board of trustees, the order for their payment shall specify the particular fund or appropriation out of which they are payable as specified in the adopted budget statement; and no order or warrant shall be drawn in excess of eighty-five percent of the current levy for the purpose for which it is drawn, unless there shall be sufficient money in the treasury at the credit of the proper fund for its payment. In the event there exists at the time such warrant is drawn, obligated funds from the federal government or the State of Nebraska, or both from the federal government and the State of Nebraska, for the general purpose or purposes of such warrant, then such warrant may be drawn in excess of eighty-five percent of the current levy for the purpose for which it is drawn to the additional extent of one hundred percent of such obligated federal or state funds. No claim shall be audited or allowed unless an order or warrant for the payment thereof may legally be drawn.
Source
Laws 1879, § 81, p. 223;
Laws 1885, c. 18, § 1, p. 160;
R.S.1913, § 5193;
C.S.1922, § 4383;
C.S.1929, § 17-581;
R.S.1943, § 17-715;
Laws 1969, c. 145, § 23, p. 686;
Laws 1972, LB 693, § 1;
Laws 2017, LB133, § 226.
Annotations
Where warrant is drawn in excess of eighty-five per cent of the current levy, unless sufficient money is in the treasury to credit of the proper fund for the payment thereof, the warrant is void and the payment thereof may be enjoined. Ballard v. Cerney, 83 Neb. 606, 120 N.W. 151 (1909).
Where warrant was issued by reason of fraudulent representations of payee's agent, mandamus will not force city treasurer to pay the same in third person's hands. State ex rel. First Nat. Bank of York v. Cook, 43 Neb. 318, 61 N.W. 693 (1895).
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-717 - Intersection paving bonds; tax authorized.

17-717.
Intersection paving bonds; tax authorized.
Any city of the second class or village is hereby authorized, annually, to levy a tax upon all the taxable property thereof, sufficient to pay the principal and interest of any intersection paving bonds issued by such municipality.
Source
Laws 1921, c. 199, § 3, p. 721;
C.S.1922, § 4389;
C.S.1929, § 17-587;
R.S.1943, § 17-717.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-718 - Voluntary fire departments; maintenance; tax; limitation.

17-718.
Voluntary fire departments; maintenance; tax; limitation.
The city council in cities of the second class and board of trustees in villages having only voluntary fire departments or companies may levy a tax annually of not more than seven cents on each one hundred dollars upon the taxable value of all the taxable property within such cities or villages for the maintenance and benefit of such fire departments or companies. The amount of such tax shall be established at the beginning of the year and shall be included in the adopted budget statement. Upon collection of such tax, the city treasurer or village treasurer shall disburse the same upon the order of the chief of the fire department with the approval of the city council or village board of trustees.
Source
Laws 1921, c. 198, § 1, p. 720;
C.S.1922, § 4391;
C.S.1929, § 17-589;
R.S.1943, § 17-718;
Laws 1947, c. 38, § 1, p. 150;
Laws 1953, c. 287, § 21, p. 943;
Laws 1969, c. 96, § 1, p. 464;
Laws 1969, c. 145, § 24, p. 687;
Laws 1979, LB 187, § 58;
Laws 1992, LB 719A, § 59;
Laws 2017, LB133, § 227.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-720 - Certificates of deposit; time deposits; security required.

17-720.
Certificates of deposit; time deposits; security required.
The city treasurer or village treasurer of cities of the second class and villages may, upon resolution of the mayor and city council or village board of trustees authorizing the same, purchase certificates of deposit from and make time deposits in any bank, capital stock financial institution, or qualifying mutual financial institution in the State of Nebraska to the extent that such certificates of deposit or time deposits are insured or guaranteed by the Federal Deposit Insurance Corporation. Deposits may be made in excess of the amounts so secured by the municipality, and the amount of the excess deposit shall be secured by a bond or by security given in the same manner as is provided for cities of the first class in sections 16-714 to 16-716 as of the time the deposit is made. Section 77-2366 shall apply to deposits in capital stock financial institutions. Section 77-2365.01 shall apply to deposits in qualifying mutual financial institutions.
Source
Laws 1969, c. 84, § 1, p. 424;
Laws 1987, LB 440, § 8;
Laws 1990, LB 825, § 1;
Laws 1993, LB 157, § 3;
Laws 1996, LB 1274, § 23;
Laws 2001, LB 362, § 25;
Laws 2009, LB259, § 11;
Laws 2017, LB133, § 228.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-801 - Board of public works; how created; members; appointment; removal; qualifications; terms.

17-801.
Board of public works; how created; members; appointment; removal; qualifications; terms.
Whenever any city of the second class has or is about to establish or acquire any system of waterworks, power plant, ice plant, gas plant, sewerage, heating, or lighting plant, or distribution system, the city council of such city may, by ordinance, create a board of public works, which shall consist of not less than three, nor more than six members, residents of such city, to be appointed by the mayor, subject to the approval of the city council. Members of the board of public works may be removed by the mayor and a majority of the members elected to the city council at any time. The term of the first members of the board of public works shall be one, two, three, or four years in the manner designated by the mayor, as the case may be, after which the term of each member shall be four years; and the terms of not more than two members shall expire at any one time.
Source
Laws 1935, c. 33, § 1, p. 138;
C.S.Supp.,1941, § 17-701;
R.S.1943, § 17-801;
Laws 1975, LB 162, § 1;
Laws 2017, LB133, § 229.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-802 - Board of public works; powers and duties; city council; approve budget.

17-802.
Board of public works; powers and duties; city council; approve budget.
The city council of a city of the second class may, by ordinance, confer upon a board of public works the active direction and supervision of any or all of the utility systems owned or operated by such city. The city council shall approve the budget of each proprietary function as provided in the Municipal Proprietary Function Act. Such board of public works shall have the power to operate any utility referred to it and to exercise all powers conferred by law upon such city for the operation and government of such utility to the same extent, in the same manner, and under the same restrictions as the city council could do if no such board of public works existed, except that such board of public works shall not make any expenditure or contract any indebtedness other than for ordinary running expenses, exceeding an amount established by the city council, without first obtaining the approval of the city council. The board of public works shall report to the city council at regular intervals as the city council may require.
Source
Laws 1935, c. 33, § 2, p. 139;
Laws 1937, c. 34, § 1, p. 160;
C.S.Supp.,1941, § 17-702;
R.S.1943, § 17-802;
Laws 1949, c. 29, § 2(1), p. 113;
Laws 1983, LB 304, § 5;
Laws 1993, LB 734, § 27;
Laws 2017, LB133, § 230.
Cross References
Municipal Proprietary Function Act, see section 18-2801.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-802.01 - Board of public works; insurance plan; cooperation and participation.

17-802.01.
Board of public works; insurance plan; cooperation and participation.
The mayor and city council of a city of the second class may, by ordinance, authorize and empower the board of public works to cooperate and participate in a plan of insurance designed and intended for the benefit of the employees of any public utility operated by the city. For that purpose the board of public works may make contributions to pay premiums or dues under such plan, authorize deductions from salaries of employees, and take such other steps as may be necessary to effectuate such plan of insurance.
Source
Laws 1949, c. 29, § 2(2), p. 113;
Laws 2017, LB133, § 231.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-803 - Board of public works; surplus funds; investment.

17-803.
Board of public works; surplus funds; investment.
Any surplus funds arising out of the operation of any municipal utilities by the board of public works, or by the city council of a city of the second class, where any of such utilities are not being operated by such a board, may be invested, if not invested pursuant to the provisions of any other law upon the subject, in like manner and subject to the same conditions as the investment of similar funds of cities of the first class, as provided in section 16-691.01.
Source
Laws 1937, c. 34, § 1, p. 160;
C.S.Supp.,1941, § 17-702;
R.S.1943, § 17-803;
Laws 1959, c. 51, § 1, p. 242;
Laws 1961, c. 47, § 5, p. 187;
Laws 2017, LB133, § 232.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-804 - Water commissioner and light commissioner; compensation; removal.

17-804.
Water commissioner and light commissioner; compensation; removal.
If a city of the second class has created a board of public works as provided in section 17-801, the water commissioner and light commissioner shall, subject to confirmation by the mayor and city council, be employed by such board at such reasonable compensation as may be agreed upon at the time of such employment and shall thereafter be under the jurisdiction of such board, any of the provisions of sections 17-501 to 17-560 to the contrary notwithstanding. Any water commissioner or light commissioner, under the jurisdiction and control of the board of public works, may be removed by the board, after an opportunity to be heard before the mayor and city council if he or she shall so request, for malfeasance, misfeasance, or neglect in office.
Source
Laws 1935, c. 33, § 2, p. 139;
Laws 1937, c. 34, § 1, p. 161;
C.S.Supp.,1941, § 17-702;
R.S.1943, § 17-804;
Laws 2017, LB133, § 233.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-805 - Board of public works; organization; meetings; records.

17-805.
Board of public works; organization; meetings; records.
The members of the board of public works in a city of the second class shall organize as soon as practicable after their appointment, by electing a chairperson and secretary, who shall serve until the first meeting in June next following; and thereafter such board shall elect a chairperson and secretary at the first meeting in June each year. In the absence of the regular officers, temporary officers to serve in their places may be chosen by the members present at any meeting. The board of public works shall establish regular times for meetings and may adopt such rules as may be necessary or desirable for the conduct of business. The board of public works shall keep a record of its proceedings and, if there is a legal newspaper in or of general circulation in the city of the second class, shall publish the minutes of each meeting in such legal newspaper within thirty days after the meeting is held.
Source
Laws 1935, c. 33, § 3, p. 139;
C.S.Supp.,1941, § 17-703;
R.S.1943, § 17-805;
Laws 2017, LB133, § 234.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-806 - Board members; oath; bond.

17-806.
Board members; oath; bond.
Each of the members of a board of public works of a city of the second class shall take an oath to discharge faithfully the duties of his or her office before entering upon the discharge of such office. Each of the members of such board before entering upon the duties of his or her office shall be required to give bond to the city with corporate surety. Such bond shall be in the sum of five thousand dollars and shall be conditioned for the faithful performance of the duties of member of the board of public works; and the surety on such bond shall be approved by the mayor and city council and shall be filed with the city treasurer. The premium on such bond shall be paid out of any public utility fund designated by the mayor and city council.
Source
Laws 1935, c. 33, § 4, p. 140;
C.S.Supp.,1941, § 17-704;
R.S.1943, § 17-806;
Laws 2017, LB133, § 235.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-807 - Board members; interest in contracts prohibited.

17-807.
Board members; interest in contracts prohibited.
No member of the board of public works of a city of the second class shall ever be financially interested, directly or indirectly, in any contract entered into by the board on behalf of the city for more than ten thousand dollars in one year.
Source
Laws 1935, c. 33, § 5, p. 140;
C.S.Supp.,1941, § 17-705;
R.S.1943, § 17-807;
Laws 1973, LB 24, § 3;
Laws 2017, LB133, § 236.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-808 - Bookkeeper and city clerk.

17-808.
Bookkeeper and city clerk.
If the board of public works determines that the best interests of the city of the second class and the patrons of the utility will be better or more economically served, the board may employ the duly elected city clerk as ex officio bookkeeper and collector for the utility or utilities, and he or she may be paid a reasonable salary for the extra services required of him or her in such position in addition to his or her salary as city clerk.
Source
Laws 1935, c. 33, § 6, p. 140;
C.S.Supp.,1941, § 17-706;
R.S.1943, § 17-808;
Laws 2017, LB133, § 237.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-810 - Rates; power to fix.

17-810.
Rates; power to fix.
Rates or charges for service by a board of public works for a city of the second class may be fixed or changed by resolution duly adopted by such board of public works.
Source
Laws 1935, c. 33, § 8, p. 140;
C.S.Supp.,1941, § 17-708;
R.S.1943, § 17-810;
Laws 2017, LB133, § 238.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-901 - Utilities; service; contracts for sale; when authorized.

17-901.
Utilities; service; contracts for sale; when authorized.
Any city of the second class or village is hereby authorized and empowered to enter into a contract for the furnishing of electricity, power, steam or other product of any system or plant, owned and operated by such city or village, to any person or corporation, if the furnishing of such electricity, power, steam or other product shall not interfere with the proper purposes for which the lighting, heating, waterworks or other plant of such city or village was intended.
Source
Laws 1907, c. 19, § 1, p. 132;
R.S.1913, § 5142;
Laws 1917, c. 104, § 1, p. 275;
Laws 1919, c. 49, § 1, p. 142;
C.S.1922, § 4317;
C.S.1929, § 17-508;
R.S.1943, § 17-901.
Annotations
Where village without authority makes a contract with power company to furnish electric current to village and its people by ordinance, at a definite rate for twenty-five years, and thereafter the Legislature empowered it to make such contracts, the company is estopped to claim the contracts were ultra vires when made. Village of Davenport v. Meyer Hydro-Electric Power Co., 110 Neb. 367, 193 N.W. 719 (1923).
Where city without statutory authority makes contract with power company for electric current for a definite time and rate, and thereafter Legislature empowers it to make such contracts, the power company is estopped to claim such contract is ultra vires, and will be compelled to complete it. Central Power Co. v. Central City, 282 F. 998 (8th Cir. 1922).
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-902 - Utilities; contracts for service; transmission lines authorized.

17-902.
Utilities; contracts for service; transmission lines authorized.
Any city of the second class or village is hereby authorized and empowered to enter into a contract with any person or corporation either within or without the corporate limits of such city or village for the furnishing of electricity, power, steam or other product to such city or village or to any electric, power, steam or other system or plant owned and operated by such city or village. Such city of the second class or village is hereby authorized and empowered for the purpose of carrying out the provisions of sections 17-901 to 17-904, to have a right-of-way for and to maintain transmission lines upon, within and across any of the public highways of this state as is provided by law for persons, firms, associations and corporations engaged in generating and transmitting electric current within this state.
Source
Laws 1919, c. 49, § 1, p. 142;
C.S.1922, § 4317;
C.S.1929, § 17-508;
R.S.1943, § 17-902.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-903 - Utilities; contracts for service; approval of electors; bonds; interest; taxes.

17-903.
Utilities; contracts for service; approval of electors; bonds; interest; taxes.
Before any city of the second class or village shall make any contract with any person or corporation within or without such city or village for the furnishing of electricity, power, steam, or other product to such city or village, or any such municipal plant within such city or village, the question shall be submitted to the electors voting at any regular or special election upon the proposition. Such city of the second class or village may, by a majority vote at such election, vote bonds or taxes for the purpose of defraying the cost of such transmission line and connection with any person, firm, corporation, or other city or village with which it may enter into a contract for the purchasing of electricity, power, steam, or other product. The question of issuing bonds for any of the purposes provided in this section shall be submitted to the electors at an election held for that purpose, after not less than twenty days' notice thereof shall have 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 city council or village board of trustees shall levy annually a sufficient tax to maintain, operate, and extend any system or plant and to provide for the payment of the interest on, and the principal of, any bonds that may have been issued as provided in this section. If no tax or issuance of bonds is required, any city of the second class or village may by resolution of the city council or village board of trustees contract for the furnishing of electricity at retail to such city or village, or to any electric plant within such city or village, with any public power district, or an electric cooperative which cooperative has an approved retail service area adjoining such city or village.
Source
Laws 1917, c. 104, § 1, p. 275;
Laws 1919, c. 49, § 1, p. 143;
C.S.1922, § 4317;
C.S.1929, § 17-508;
R.S.1943, § 17-903;
Laws 1965, c. 58, § 4, p. 268;
Laws 1969, c. 83, § 4, p. 420;
Laws 1969, c. 51, § 49, p. 302;
Laws 2017, LB133, § 239.
Annotations
Village could abandon contract without authorization by electors. Babson v. Village of Ulysses, 155 Neb. 492, 52 N.W.2d 320 (1952).
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-904 - Transmission line outside city prohibited.

17-904.
Transmission line outside city prohibited.
Nothing contained in sections 17-901 to 17-903 shall be construed as granting power to any city of the second class or village to construct and maintain transmission lines outside of such city or village for the purpose of selling electricity, power, steam or other product of its plant to another municipality or the residents therein.
Source
Laws 1919, c. 49, § 1, p. 144;
C.S.1922, § 4317;
C.S.1929, § 17-508;
R.S.1943, § 17-904.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-905.01 - Gas distribution system or bottled gas plant; lease by city; terms; submission to election.

17-905.01.
Gas distribution system or bottled gas plant; lease by city; terms; submission to election.
Any city of the second class or any village which constructs a gas distribution system, or purchases or otherwise acquires a bottled gas plant, within the corporate limits of the city or village as provided in section 17-905, may lease any such facility or facilities to any such person, persons, corporation, or corporations as the city council or village board of trustees may select, upon such terms and conditions as it shall deem advisable. If there are any revenue bonds outstanding or to be outstanding at the time the lease becomes effective, for which the revenue and earnings of such facility or facilities are or shall be pledged and hypothecated, the net lease payments shall be sufficient to pay the principal and interest on such revenue bonds as the same become due. Such proposition shall be first submitted to the qualified voters of such city of the second class or village in the manner set forth in section 17-905, to be submitted either independently of or in conjunction with the proposition set forth in section 17-905.
Source
Laws 1963, c. 69, § 1, p. 270;
Laws 2017, LB133, § 241.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-906 - Power plant; construction; eminent domain; procedure.

17-906.
Power plant; construction; eminent domain; procedure.
Any city of the second class or village is hereby authorized and empowered to erect a power plant, electric or other light works outside the corporate limits of such city or village and to acquire real estate required for such power plant, electric or other light works. Such city or village in establishing and erecting such power plant, electric or other light works shall have the right to purchase or take private property for the purpose of erecting such power plant, electric or other light works and constructing, running, and extending its transmission line. In all cases such city or village shall pay to such person or persons whose property shall be taken or injured thereby such compensation therefor as may be agreed upon or as shall be allowed by lawful condemnation proceedings. The procedure to condemn property shall be exercised in the manner set forth in sections 76-704 to 76-724, except as to property specifically excluded by section 76-703 and as to which sections 19-701 to 19-707 are applicable.
Source
Laws 1921, c. 192, § 1, p. 711;
C.S.1922, § 4394;
C.S.1929, § 17-601;
R.S.1943, § 17-906;
Laws 1951, c. 101, § 59, p. 474;
Laws 2017, LB133, § 242.
Annotations
Power is conferred upon municipality to erect electric or other light works outside the corporate limits of the municipality, and to raise funds therefor. Interstate Power Co. v. City of Ainsworth, 125 Neb. 419, 250 N.W. 649 (1933).
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-907 - Power plant; transmission lines; right-of-way.

17-907.
Power plant; transmission lines; right-of-way.
A city of the second class or village is hereby given, for the purpose of erecting and operating a power plant, electric or other light works as provided in section 17-906, a right-of-way over and the right to erect and maintain transmission lines upon, within, and across any of the public highways of the state, subject to sections 75-709 to 75-724.
Source
Laws 1921, c. 192, § 1, p. 711;
C.S.1922, § 4394;
C.S.1929, § 17-601;
R.S.1943, § 17-907;
Laws 1992, LB 866, § 1;
Laws 2017, LB133, § 243.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-908 - Power plant; construction; election; bonds; interest; redemption.

17-908.
Power plant; construction; election; bonds; interest; redemption.
Before any city of the second class or village makes any contract with any person or corporation relating in any manner whatever to the erection of a proposed power plant, electric or other light works as provided in section 17-906, the question as to whether such power plant, electric or other light works shall be erected shall be duly submitted to the electors voting at any regular or special election upon the proposition, and such city of the second class or village may by a majority of the votes cast at such election vote bonds in an amount not in excess of seven percent of the taxable valuation of such city or village for the purpose of defraying the cost of such plant. The question of issuing such bonds shall be submitted to the electors at an election held for that purpose after not less than thirty days' notice thereof has been given by publication in a legal newspaper in or of general circulation in such city or village. Such bonds shall bear interest, payable annually or semiannually, and shall be payable any time the city or village may determine at the time of their issuance but in not more than twenty years after their issuance. The city or village shall have the option of paying any or all of such bonds at any time after five years from their date.
Source
Laws 1921, c. 192, § 1, p. 712;
C.S.1922, § 4394;
C.S.1929, § 17-601;
R.S.1943, § 17-908;
Laws 1969, c. 51, § 50, p. 304;
Laws 1971, LB 534, § 15;
Laws 1992, LB 719A, § 60;
Laws 2017, LB133, § 244.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-909 - Power plant; operation and extension; tax authorized.

17-909.
Power plant; operation and extension; tax authorized.
The city council or village board of trustees of a city of the second class or village shall levy annually a sufficient tax to maintain, operate, and extend any power plant, electric or other light works as provided in section 17-906 and to provide for the payment of the interest on the principal of any bonds that may have been issued as provided in section 17-908.
Source
Laws 1921, c. 192, § 1, p. 712;
C.S.1922, § 4394;
C.S.1929, § 17-601;
R.S.1943, § 17-909;
Laws 2017, LB133, § 245.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-910 - Joint power plant; construction; approval of electors.

17-910.
Joint power plant; construction; approval of electors.
Two or more cities of the second class or villages may jointly erect a power plant, electric or other light works as provided in section 17-906 which shall serve such respective cities or villages, and such power plant, electric or other light works may be owned and operated jointly by such respective cities or villages. Such cities or villages shall have the same rights and privileges as are in sections 17-906 to 17-909 granted to any single city or village. Before such cities or villages shall make any contract with any person or corporation relating in any manner whatever to the erection of such proposed power plant, electric or other light works, the question as to whether such jointly owned and operated power plant, electric or other light works shall be erected shall first be duly submitted to the electors of the respective cities or villages contemplating the erection of such power plant, electric or other light works and be approved by a sixty percent majority of the voters in each of such cities or villages in the manner provided in section 17-908.
Source
Laws 1921, c. 192, § 2, p. 712;
C.S.1922, § 4395;
C.S.1929, § 17-602;
R.S.1943, § 17-910;
Laws 2017, LB133, § 246.
Annotations
Electric or other light works may be constructed by a municipality outside its corporate limits. Interstate Power Co. v. City of Ainsworth, 125 Neb. 419, 250 N.W. 649 (1933).
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-911 - Joint power plant; bonds; election; interest.

17-911.
Joint power plant; bonds; election; interest.
Cities of the second class or villages contemplating the erection of a joint power plant, electric or other light works under section 17-910 may vote joint bonds in an amount not in excess of seven percent of the valuation of such cities or villages for the purpose of defraying the cost of such power plant, electric or other light works. The question of issuing such joint bonds for the purpose contemplated shall be submitted to the electors of the respective cities or villages interested at an election held for that purpose in each of such cities or villages after notice of such election for not less than twenty days shall have been given by publication in the manner provided in section 17-908. Such bonds may be issued only when a majority of the electors in each of the cities or villages interested and voting on the question favor their issuance. If in any one of such cities or villages voting on such question a majority of the electors voting in such city or village shall fail to favor the issuance of such joint bonds then the entire election in all of the cities or villages voting shall be deemed void and of no effect. Such joint bonds shall bear interest payable annually or semiannually and shall be payable any time the cities or villages may determine at the time of their issuance, but in not more than twenty years after their issuance, with the option of paying any or all of such bonds at any time after five years from their date.
Source
Laws 1921, c. 192, § 2, p. 713;
C.S.1922, § 4395;
C.S.1929, § 17-602;
R.S.1943, § 17-911;
Laws 1969, c. 51, § 51, p. 304;
Laws 1971, LB 534, § 16;
Laws 2017, LB133, § 247.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-912 - Joint power plant; operation and extension; tax.

17-912.
Joint power plant; operation and extension; tax.
The city councils or village boards of trustees of the cities of the second class or villages issuing joint bonds under section 17-911 shall levy annually a sufficient tax to maintain and operate and extend the power plant, electric or other light work and to provide for the payment of interest on, and principal of, any bonds that may have been issued as provided in section 17-911.
Source
Laws 1921, c. 192, § 2, p. 713;
C.S.1922, § 4395;
C.S.1929, § 17-602;
R.S.1943, § 17-912;
Laws 2017, LB133, § 248.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-914 - Sewers; resolution to construct; publication; hearing.

17-914.
Sewers; resolution to construct; publication; hearing.
Notice of the time when any resolution under section 17-913 shall be set for consideration before the city council or village board of trustees shall be given by at least two publications in a legal newspaper in or of general circulation in the city or village, which publication shall contain the entire wording of the resolution. The last publication shall be not less than five days nor more than two weeks prior to the time set for hearing of objections to the passage of any such resolution, at which hearing the owners of the property which might become subject to assessment for the contemplated improvement may appear and make objections to the proposed improvement. Following the publication, the resolution may be amended and passed or passed as proposed.
Source
Laws 1919, c. 189, § 1, p. 428;
C.S.1922, § 4338;
C.S.1929, § 17-529;
R.S.1943, § 17-914;
Laws 2017, LB133, § 250.
Annotations
Compliance was had with the requirements of this section. Jones v. Village of Farnam, 174 Neb. 704, 119 N.W.2d 157 (1963).
Resolution of necessity may be amended. Hutton v. Village of Cairo, 159 Neb. 342, 66 N.W.2d 820 (1954).
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-916 - Sewers; resolution to construct; petition in opposition; effect.

17-916.
Sewers; resolution to construct; petition in opposition; effect.
If a petition opposing a resolution proposed under section 17-913, signed by property owners representing a majority of the front footage which may become subject to assessment for the cost in any proposed lateral sewer district, be filed with the city clerk or village clerk within three days before the date of the meeting for the hearing on such resolution, such resolution shall not be passed.
Source
Laws 1919, c. 189, § 4, p. 428;
C.S.1922, § 4340;
C.S.1929, § 17-531;
R.S.1943, § 17-916;
Laws 2017, LB133, § 251.
Annotations
Ample opportunity is given to make objections to the creation of a sanitary sewer system. Jones v. Village of Farnam, 174 Neb. 704, 119 N.W.2d 157 (1963).
Special assessments, levied by the frontage rule, must be uniform and levied on abutting property only and must not exceed the local benefits conferred. 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 › 17-917 - Sewers; resolution to construct, purchase, or acquire; vote required.

17-917.
Sewers; resolution to construct, purchase, or acquire; vote required.
Upon compliance with sections 17-913 to 17-916, the city council or village board of trustees may by resolution order the making, reconstruction, purchase, or otherwise acquiring of any of the improvements provided for in section 17-913. The vote upon any such resolution shall be as required by section 17-616.
Source
Laws 1919, c. 189, § 5, p. 429;
C.S.1922, § 4341;
C.S.1929, § 17-532;
R.S.1943, § 17-917;
Laws 1947, c. 39, § 2, p. 152;
Laws 2017, LB133, § 252.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-919 - Sewers; acceptance by engineer; approval; cost; assessments; notice.

17-919.
Sewers; acceptance by engineer; approval; cost; assessments; notice.
After the completion of any work or purchase or otherwise acquiring the improvements authorized pursuant to section 17-913, the engineer shall file with the city clerk or village clerk a certificate of acceptance, which acceptance shall be approved by the city council or village board of trustees by resolution. The city council or village board of trustees shall then require the engineer to make a complete statement of all the costs of any such improvement and a plat of the property in the district and a schedule of the amount proposed to be assessed against each separate piece of property in such district, which shall be filed with the city clerk or village clerk within ten days from date of acceptance of the work, purchase, or otherwise acquiring the system. The city council or village board of trustees shall then order the city clerk or village clerk to give notice that such plat and schedules are on file in his or her office and that all objections thereto, or to prior proceedings on account of errors, irregularities, or inequalities, not made in writing and filed with the city clerk or village clerk within twenty days after the first publication of such notice, shall be deemed to have been waived. Such notice shall be given by two publications in a legal newspaper in or of general circulation in such city or village. Such notice shall state the time and place where objections, filed as provided for in this section, shall be considered by the city council or village board of trustees.
Source
Laws 1919, c. 189, § 7, p. 430;
C.S.1922, § 4343;
C.S.1929, § 17-534;
R.S.1943, § 17-919;
Laws 1947, c. 39, § 3, p. 152;
Laws 1963, c. 75, § 1, p. 278;
Laws 2017, LB133, § 254.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-920 - Sewers; assessments; hearing; equalization; payable in installments; interest.

17-920.
Sewers; assessments; hearing; equalization; payable in installments; interest.
The hearing on the proposed assessment under section 17-919 shall be held by the city council or village board of trustees, sitting as a board of adjustment and equalization, at the time specified in the notice which shall be not less than twenty days nor more than thirty days after the date of first publication unless adjourned. Such session may be adjourned, with provisions for proper notice of such adjournment. At such meeting, the proposed assessment shall be adjusted and equalized with reference to benefits resulting from the improvement and shall not exceed such benefits. If any special assessment be payable in installments, each installment shall draw interest payable semiannually or annually from the date of levy until due. Such delinquent installments shall draw 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.
Source
Laws 1919, c. 189, § 8, p. 430;
C.S.1922, § 4344;
C.S.1929, § 17-535;
Laws 1935, c. 136, § 21, p. 534;
C.S.Supp.,1941, § 17-535;
R.S.1943, § 17-920;
Laws 1949, c. 27, § 1, p. 100;
Laws 1957, c. 34, § 1, p. 198;
Laws 1959, c. 64, § 4, p. 288;
Laws 1969, c. 51, § 52, p. 305;
Laws 1980, LB 933, § 19;
Laws 1981, LB 167, § 20;
Laws 2017, LB133, § 255.
Annotations
Levy of special benefits, by the frontage rule, should be equal and uniform and levied on abutting property only. Such levy must not exceed the benefits to such property. 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 › 17-921 - Sewers; special assessments; levy; collection.

17-921.
Sewers; special assessments; levy; collection.
After the equalization of special assessments as required by section 17-920, the special assessments shall be levied by the mayor and city council or the village board of trustees, upon all lots or parcels of ground within the district specified which are benefited by reason of the improvement. The special assessments may be relevied if, for any reason, the levy thereof is void or not enforceable and in an amount not exceeding the previous levy. Such levy shall be enforced as a special assessment, and any payments thereof under previous levies shall be credited to the person or property making the same. All special assessments made for such purposes shall be collected in the same manner as other special assessments.
Source
Laws 1919, c. 189, § 9, p. 430;
C.S.1922, § 4345;
C.S.1929, § 17-536;
R.S.1943, § 17-921;
Laws 2015, LB361, § 37;
Laws 2017, LB133, § 256.
Annotations
Special assessments are a lien when levied and assessed. Belza v. Village of Emerson, 159 Neb. 651, 68 N.W.2d 272 (1955).
Where improvements are made, and property owner had opportunity to object when special assessments were determined by board, he cannot, after the levy is made, attack such levy collaterally, except for a jurisdictional defect in proceedings. Weilage v. City of Crete, 110 Neb. 544, 194 N.W. 437 (1923).