reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-711 - Road tax; how expended.

16-711.
Road tax; how expended.
All money arising from the levying of a road tax against or upon property in a city of the first class shall belong to such city and shall be expended upon the streets and grades in such city.
Source
Laws 1901, c. 18, § 87, p. 294;
Laws 1907, c. 13, § 1, p. 120;
R.S.1913, § 4979;
C.S.1922, § 4148;
C.S.1929, § 16-710;
Laws 1935, c. 31, § 1, p. 135;
C.S.Supp.,1941, § 16-710;
R.S.1943, § 16-711;
Laws 2016, LB704, § 179.
Annotations
The amendment of statute without saving clause, during course of city's litigation for transfer of road funds, is fatal to all rights based on original statute not retained in the amended statute. City of Beatrice v. Gage County, 130 Neb. 850, 266 N.W. 777 (1936).
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-712 - City funds; depositories; payment; conflict of interest.

16-712.
City funds; depositories; payment; conflict of interest.
The city treasurer of a city of the first class shall deposit, and at all times keep on deposit, for safekeeping, in banks, capital stock financial institutions, or qualifying mutual financial institutions of approved and responsible standing, all money collected, received, or held by him or her as city treasurer. Such deposits shall be subject to all regulations imposed by law or adopted by the city council for the receiving and holding thereof. The fact that a stockholder, director, or other officer of such bank, capital stock financial institution, or qualifying mutual financial institution shall also be serving as mayor, as a member of the city council, as a member of a board of public works, or as any other officer of such city shall not disqualify such bank, capital stock financial institution, or qualifying mutual financial institution from acting as a depository for such city funds. 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 1901, c. 18, § 84, p. 293;
R.S.1913, § 4980;
C.S.1922, § 4149;
C.S.1929, § 16-711;
Laws 1935, c. 140, § 3, p. 516;
C.S.Supp.,1941, § 16-711;
R.S.1943, § 16-712;
Laws 1957, c. 54, § 2, p. 263;
Laws 1959, c. 48, § 1, p. 235;
Laws 1969, c. 84, § 3, p. 425;
Laws 1989, LB 33, § 18;
Laws 1996, LB 1274, § 18;
Laws 2001, LB 362, § 19;
Laws 2016, LB704, § 180;
Laws 2019, LB194, § 79.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-713 - City funds; certificates of deposit; time deposits; security required.

16-713.
City funds; certificates of deposit; time deposits; security required.
The city treasurer of a city of the first class may, upon resolution of the mayor and city council authorizing the action, purchase certificates of deposit from and make time deposits in banks, capital stock financial institutions, or qualifying mutual financial institutions selected as depositories of city funds under the provisions of sections 16-712, 16-714, and 16-715. The certificates of deposit purchased and time deposits made shall bear interest and shall be secured as set forth in sections 16-714 and 16-715, except that the penal sum of such bond or the sum of such security shall be reduced in the amount of the time deposit or certificate of deposit insured or guaranteed by the Federal Deposit Insurance Corporation. 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 1901, c. 18, § 85, p. 293;
R.S.1913, § 4981;
C.S.1922, § 4150;
C.S.1929, § 16-712;
R.S.1943, § 16-713;
Laws 1959, c. 48, § 2, p. 235;
Laws 1969, c. 84, § 4, p. 425;
Laws 1989, LB 33, § 19;
Laws 1992, LB 757, § 17;
Laws 1996, LB 1274, § 19;
Laws 2001, LB 362, § 20;
Laws 2009, LB259, § 7;
Laws 2016, LB704, § 181;
Laws 2019, LB194, § 80.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-714 - City funds; depository bond; conditions.

16-714.
City funds; depository bond; conditions.
For the security of the fund so deposited, the city treasurer of a city of the first class shall require each depository to give bond for the safekeeping and payment of such deposits and the accretions thereof, which bond shall run to the city and be approved by the mayor. Such bond shall be conditioned that such a depository shall, at the end of every quarter, render to the city treasurer a statement in duplicate, showing the several daily balances, the amount of money of the city held by it during the quarter, the amount of the accretion thereto, and how credited. The bond shall also be conditioned that the depository shall generally do and perform whatever may be required by the provisions of sections 16-712 to 16-715 and faithfully discharge the trust reposed in such depository. Such bond shall be as nearly as practicable in the form provided in section 77-2304. No person in any way connected with any depository as an officer or stockholder shall be accepted as a surety on any bond given by the depository of which he or she is an officer or stockholder. Such bond shall be deposited with the city clerk. 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 1901, c. 18, § 86, p. 294;
R.S.1913, § 4982;
C.S.1922, § 4151;
C.S.1929, § 16-713;
Laws 1931, c. 28, § 1, p. 115;
Laws 1937, c. 22, § 1, p. 134;
C.S.Supp.,1941, § 16-713;
R.S.1943, § 16-714;
Laws 1969, c. 84, § 5, p. 426;
Laws 1989, LB 33, § 20;
Laws 2001, LB 362, § 21;
Laws 2016, LB704, § 182;
Laws 2019, LB194, § 81.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-715 - City funds; depository; security in lieu of bond; authorized.

16-715.
City funds; depository; security in lieu of bond; authorized.
In lieu of the bond required by section 16-714, any bank, capital stock financial institution, or qualifying mutual financial institution making application to become a depository may give security as provided in the Public Funds Deposit Security Act to the city clerk. The penal sum of such bond shall be equal to or greater than the amount of the deposit in excess of that portion of such deposit insured or guaranteed by the Federal Deposit Insurance Corporation. 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 1931, c. 28, § 1, p. 116;
Laws 1937, c. 22, § 1, p. 135;
C.S.Supp.,1941, § 16-713;
R.S.1943, § 16-715;
Laws 1959, c. 263, § 5, p. 926;
Laws 1969, c. 84, § 6, p. 426;
Laws 1972, LB 1152, § 1;
Laws 1977, LB 266, § 1;
Laws 1987, LB 440, § 7;
Laws 1989, LB 33, § 21;
Laws 1989, LB 377, § 10;
Laws 1992, LB 757, § 18;
Laws 1996, LB 1274, § 20;
Laws 2001, LB 362, § 22;
Laws 2009, LB259, § 8.
Cross References
Public Funds Deposit Security Act, see section 77-2386.
Annotations
This section permits banks to pledge certain securities to secure deposits of a city of the first class. Luikart v. City of Aurora, 125 Neb. 263, 249 N.W. 590 (1933).
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-716 - City funds; depositories; maximum deposits; liability of treasurer.

16-716.
City funds; depositories; maximum deposits; liability of treasurer.
The city treasurer of a city of the first class shall not have on deposit in any bank, capital stock financial institution, or qualifying mutual financial institution at any time more than the amount insured or guaranteed by the Federal Deposit Insurance Corporation plus the maximum amount of the bond given by the bank, capital stock financial institution, or qualifying mutual financial institution if the bank, capital stock financial institution, or qualifying mutual financial institution gives a surety bond, nor in any bank, capital stock financial institution, or qualifying mutual financial institution giving a personal bond, more than the amount insured or guaranteed by the Federal Deposit Insurance Corporation plus one-half of the amount of the bond of such bank, capital stock financial institution, or qualifying mutual financial institution, and the amount so on deposit any time with any such bank, capital stock financial institution, or qualifying mutual financial institution shall not in either case exceed the amount insured or guaranteed by the Federal Deposit Insurance Corporation plus the paid-up capital stock and surplus of such bank, capital stock financial institution, or qualifying mutual financial institution.
The city treasurer shall not be liable for any loss sustained by reason of the failure of any such bonded depository whose bond has been duly approved by the mayor as provided in section 16-714 or which has, in lieu of a surety bond, given security as provided in section 16-715.
Source
Laws 1901, c. 18, § 86, p. 294;
R.S.1913, § 4982;
C.S.1922, § 4151;
C.S.1929, § 16-713;
Laws 1931, c. 28, § 1, p. 116;
Laws 1937, c. 22, § 1, p. 135;
C.S.Supp.,1941, § 16-713;
R.S.1943, § 16-716;
Laws 1981, LB 491, § 1;
Laws 1993, LB 157, § 2;
Laws 1996, LB 1274, § 21;
Laws 2001, LB 362, § 23;
Laws 2002, LB 860, § 1;
Laws 2009, LB259, § 9;
Laws 2016, LB704, § 183;
Laws 2019, LB194, § 82.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-717 - City treasurer; books and accounts.

16-717.
City treasurer; books and accounts.
The city treasurer of a city of the first class shall receive all money belonging to the city, and the city clerk and city treasurer shall keep their books and accounts in such a manner as the mayor and city council shall prescribe. The city treasurer shall keep a daily cash book, which shall be footed and balanced daily, and such books and accounts shall always be subject to inspection of the mayor, members of the city council, and such other persons as they may designate.
Source
Laws 1901, c. 18, § 88, p. 295;
R.S.1913, § 4983;
C.S.1922, § 4152;
C.S.1929, § 16-714;
R.S.1943, § 16-717;
Laws 2016, LB704, § 184;
Laws 2019, LB194, § 83.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-718 - City treasurer; warrants; issuance; delivery.

16-718.
City treasurer; warrants; issuance; delivery.
Upon allowance of a claim by the city council of a city of the first class, the order for the payment thereof shall specify the particular fund out of which it is 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 to the credit of the proper fund for its payment, and no claim shall be audited or allowed except an order or warrant for the payment thereof may legally be drawn. All warrants drawn upon the treasury must be signed by the mayor and countersigned by the city clerk and shall state 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 warrant so drawn. Such warrants may be delivered immediately when so drawn.
Source
Laws 1901, c. 18, § 89, p. 295;
Laws 1909, c. 19, § 1, p. 186;
R.S.1913, § 4984;
C.S.1922, § 4153;
C.S.1929, § 16-715;
R.S.1943, § 16-718;
Laws 1963, c. 68, § 1, p. 268;
Laws 1969, c. 145, § 18, p. 683;
Laws 2016, LB704, § 185;
Laws 2019, LB194, § 84.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-719 - City treasurer; conversion of funds; penalty.

16-719.
City treasurer; conversion of funds; penalty.
The city treasurer of a city of the first class shall keep all money in his or her hands belonging to the city separate and distinct from his or her own money. He or she is expressly prohibited from using, either directly or indirectly, the city money or warrants in his or her custody and keeping for his or her own use and benefit or that of any other person. Any violation of this section shall subject him or her to immediate removal from office by the city council, and the council may declare such office vacant. The mayor shall appoint a successor, who shall be confirmed by the city council, to hold office for the remainder of the term.
Source
Laws 1901, c. 18, § 90, p. 295;
R.S.1913, § 4985;
C.S.1922, § 4154;
C.S.1929, § 16-716;
R.S.1943, § 16-719;
Laws 2016, LB704, § 186;
Laws 2019, LB194, § 85.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-720 - City treasurer; report; warrant register.

16-720.
City treasurer; report; warrant register.
The city treasurer of a city of the first class shall report to the mayor and city council annually, and more often if required, at such times as may be prescribed by ordinance, giving a full and detailed account of the receipts and expenditures during the preceding fiscal year, and the state of the treasury. He or she shall also keep a register of all warrants redeemed and paid during the year, describing such warrants, their date, amount, number, time of payment, the fund from which paid, and the person to whom paid. All such warrants shall be examined by the finance committee at the time of making such annual report.
Source
Laws 1901, c. 18, § 91, p. 296;
R.S.1913, § 4986;
C.S.1922, § 4155;
C.S.1929, § 16-717;
R.S.1943, § 16-720;
Laws 2016, LB704, § 187;
Laws 2019, LB194, § 86.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-721 - City funds; transfer; when authorized.

16-721.
City funds; transfer; when authorized.
Each fund created under Chapter 16 shall be strictly devoted to the purpose for which it was created and shall not be diverted therefrom. When the city council by a three-fourths vote of the members thereof shall declare the expenditure of any fund for the purpose for which it was created to be unwise and impracticable or where the purpose thereof has been fully accomplished and the whole fund or an unexpired balance thereof remains, and no indebtedness has been incurred on account of such fund which has not been fully paid, such fund may be transferred to any other fund of the city by the affirmative vote of three-fourths of all the members of the city council.
Source
Laws 1901, c. 18, § 92, p. 296;
Laws 1903, c. 19, § 18, p. 247;
R.S.1913, § 4987;
C.S.1922, § 4156;
C.S.1929, § 16-718;
R.S.1943, § 16-721;
Laws 2016, LB704, § 188.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-722 - City receipts and expenditures; publication.

16-722.
City receipts and expenditures; publication.
The mayor and city council of a city of the first class shall cause to be published semiannually a statement of the receipts of the city and an itemized account of the expenditures of the city.
Source
Laws 1901, c. 18, § 93, p. 296;
R.S.1913, § 4988;
C.S.1922, § 4157;
C.S.1929, § 16-719;
R.S.1943, § 16-722;
Laws 1992, LB 415, § 1;
Laws 2016, LB704, § 189;
Laws 2019, LB194, § 87.
Cross References
Receipts and expenditures, publication requirements, village or city having population of not more than one hundred thousand, see section 19-1101.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-723 - Taxes; payable in cash; sinking fund; investment; matured bonds or coupons; payment.

16-723.
Taxes; payable in cash; sinking fund; investment; matured bonds or coupons; payment.
All taxes levied for the purpose of raising money to pay the interest or to create a sinking fund for the payment of the principal of any funded or bonded debt of a city of the first class shall be payable in money only. Except as otherwise expressly provided, no money so obtained shall be used for any other purpose than the payment of the interest or debt for the payment of which it shall have been raised. Such sinking fund may, under the direction of the mayor and city council, be invested in any of the unmatured bonds issued by the city, if they can be procured by the city treasurer at such rate or premium as shall be prescribed by ordinance. Any due or overdue bond or coupon shall be a sufficient warrant or order for the payment of the same by the city treasurer out of any fund especially created for that purpose without any further order or allowance by the mayor or city council.
Source
Laws 1901, c. 18, § 96, p. 297;
R.S.1913, § 4989;
C.S.1922, § 4158;
C.S.1929, § 16-720;
R.S.1943, § 16-723;
Laws 2016, LB704, § 190;
Laws 2019, LB194, § 88.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-726 - Claims and accounts payable; filing; requirements; disallowance; notice; costs.

16-726.
Claims and accounts payable; filing; requirements; disallowance; notice; costs.
All liquidated and unliquidated claims and accounts payable against a city of the first class shall: (1) Be presented in writing; (2) state the name and address of the claimant and the amount of the claim; and (3) 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.
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.
The city 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.
No costs shall be recovered against such city 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 to be audited, unless the recovery is for a greater sum than the amount allowed with the interest due.
Source
Laws 1901, c. 18, § 38, p. 240;
Laws 1903, c. 19, § 6, p. 236;
Laws 1907, c. 13, § 1, p. 109;
R.S.1913, § 4991;
C.S.1922, § 4160;
C.S.1929, § 16-722;
R.S.1943, § 16-726;
Laws 1955, c. 37, § 1, p. 150;
Laws 1990, LB 1044, § 1.
Annotations
Noncompliance with the filing requirement of this section may be asserted as a defense in an action to recover on a claim against a city of the first class. Niemoller v. City of Papillion, 276 Neb. 40, 752 N.W.2d 132 (2008).
Where a claim is not filed with the city clerk — the person designated by statute as the authorized recipient — a substantial compliance analysis is not applicable. Niemoller v. City of Papillion, 276 Neb. 40, 752 N.W.2d 132 (2008).
The 90-day "condition precedent" under this section is a procedural precedent to commencement of a claim, and noncompliance is an affirmative defense which must be raised before the first tribunal or agency charged with determining the cause of action or the defense is waived. Crown Products Co. v. City of Ralston, 253 Neb. 1, 567 N.W.2d 294 (1997).
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-727 - Claims; disallowance; appeal to district court; procedure.

16-727.
Claims; disallowance; appeal to district court; procedure.
When the claim of any person against a city of the first class, except a tort claim as defined in section 13-903, is disallowed in whole or in part by the city council, such person may appeal from the decision of the city council to the district court of the same county by causing a written notice to be served on the city clerk within twenty days after making such decision and executing a bond to such city, with good and sufficient sureties to be approved by the city clerk, conditioned for the faithful prosecution of such appeal and the payment of all costs that may be adjudged against the appellant.
Source
Laws 1901, c. 18, § 38, p. 240;
Laws 1903, c. 19, § 6, p. 236;
Laws 1907, c. 13, § 1, p. 109;
R.S.1913, § 4991;
C.S.1922, § 4160;
C.S.1929, § 16-722;
R.S.1943, § 16-727;
Laws 1969, c. 138, § 22, p. 635;
Laws 2016, LB704, § 191;
Laws 2019, LB194, § 89.
Annotations
Plaintiff failed to file a petition in district court within 50 days of denial of his claim, and therefore, became nonsuited. Fisher v. City of Grand Island, 239 Neb. 929, 479 N.W.2d 772 (1992).
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-728 - Claims; allowance; appeal by taxpayer.

16-728.
Claims; allowance; appeal by taxpayer.
Any taxpayer may appeal from the allowance of any claim against a city of the first class, except a tort claim as defined in section 13-903, by serving a written notice upon the city clerk within ten days from such allowance and giving bond as provided in section 16-727. When the city council, by ordinance, provides for the publication of the list of the claims allowed, giving the amounts allowed and the names of the persons to whom allowed, in a legal newspaper in or of general circulation in such city, such appeal may be taken by a taxpayer by serving a notice thereof within such time after such publication as may be fixed by such ordinance, and giving bond for such appeal within ten days after such allowance.
Source
Laws 1901, c. 18, § 38, p. 241;
Laws 1903, c. 19, § 6, p. 236;
Laws 1907, c. 13, § 1, p. 109;
R.S.1913, § 4991;
C.S.1922, § 4160;
C.S.1929, § 16-722;
R.S.1943, § 16-728;
Laws 1969, c. 138, § 23, p. 635;
Laws 2016, LB704, § 192;
Laws 2019, LB194, § 90.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-729 - Claims; allowance or disallowance; appeal; transcript; trial.

16-729.
Claims; allowance or disallowance; appeal; transcript; trial.
The city clerk, upon an appeal being taken under section 16-727 or 16-728 and being paid the proper fees therefor, including fees for filing the same in the district court, shall make out a transcript of the proceedings of the city council, mayor, and other officers as relate to the presentation and allowance or disallowance of such claim and shall file it with the clerk of the district court within thirty days after the decision allowing or disallowing the claim and paying the proper commencement fees. Such appeal shall be entered on the record of the court, tried, and determined and costs awarded thereon in the manner provided in sections 25-1901 to 25-1937. No appeal bond shall be required of the city by any court in the case of an appeal by the city, and judgment shall be stayed pending such appeal.
Source
Laws 1901, c. 18, § 38, p. 241;
Laws 1903, c. 19, § 6, p. 236;
Laws 1907, c. 13, § 1, p. 110;
R.S.1913, § 4991;
C.S.1922, § 4160;
C.S.1929, § 16-722;
R.S.1943, § 16-729;
Laws 1991, LB 1, § 1;
Laws 2016, LB704, § 193;
Laws 2018, LB193, § 3.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-731 - County treasurer; monthly payment of bond fund money; when.

16-731.
County treasurer; monthly payment of bond fund money; when.
Any city of the first class may request that bond fund money be included with payments distributed under subsection (4) of section 23-1601. Such bond fund money shall be included in the monthly payment until notified otherwise by the city.
Source
Laws 1978, LB 847, § 2;
Laws 2012, LB823, § 1.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-801 - Offstreet parking; purpose.

16-801.
Offstreet parking; purpose.
The Legislature finds and declares that the great increase in the number of motor vehicles, buses, and trucks in Nebraska has created hazards to life and property in cities of the first class in the state. In order to remove or reduce such hazards to life and property and the inconvenience of congested traffic on the streets in such cities in this state, it is hereby deemed necessary and of general benefit to the entire State of Nebraska to provide means for such cities in Nebraska to own offstreet vehicle parking facilities exclusively for the parking of motor vehicles.
Source
Laws 1955, c. 35, § 1, p. 143;
Laws 2016, LB704, § 194.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-802 - Grant of power.

16-802.
Grant of power.
Any city of the first class is hereby authorized to own, purchase, construct, equip, lease, or operate within such city offstreet motor vehicle parking facilities for the use of the general public. This does not include the power to engage, directly or indirectly, in the sale of gasoline, oil, or other merchandise or in the furnishing of any service other than that of parking motor vehicles as provided in this section. Such city shall have the authority to acquire by grant, contract, or purchase or through the condemnation of property, as provided by law for such acquisition, all real or personal property, including a site or sites on which to construct the facilities necessary or convenient in the carrying out of this grant of power. Before any such city may commence a program to construct, purchase, or acquire by other means a proposed offstreet parking facility or facilities, notice shall be given, by publication in a legal newspaper in or of general circulation in the city once each week for not less than three weeks, inviting application for private ownership and operation of offstreet parking facilities. If no application or applications have been received or, if received, the application or applications have been disapproved by the city council within ninety days from the first date of publication, then such city may proceed in the exercise of the powers granted under this section.
Source
Laws 1955, c. 35, § 2, p. 144;
Laws 1996, LB 299, § 13;
Laws 2016, LB704, § 195.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-803 - Acquisition of property and facilities; cost; revenue bonds; interest; issuance; revenue pledged.

16-803.
Acquisition of property and facilities; cost; revenue bonds; interest; issuance; revenue pledged.
In order to pay the cost required by any purchase, construction, lease, or condemnation of property and equipping of facilities, or the enlargement of presently owned facilities, or to pay a portion of the cost of facilities purchased or constructed pursuant to the Offstreet Parking District Act, a city of the first class may issue revenue bonds to provide the funds for such improvements. Such revenue bonds shall not be payable from any general tax upon the issuing city, but shall be a lien only upon the revenue and earnings of the parking facilities. Such revenue bonds may be issued at an interest cost to maturity set by the city council and shall mature in not to exceed forty years but may be optional prior to maturity at a premium as provided in the authorizing resolution or ordinance. Any such revenue bonds which may be issued shall not be included in computing the maximum amount of bonds which the issuing city of the first class may be authorized to issue under its charter or any statute of this state. Such revenue bonds may be issued and sold or delivered to the contractor at par and accrued interest for the amount of work performed. If any city has installed or installs onstreet parking meters, it may pledge all or any part of the revenue of such parking meters, not previously pledged, as security for the bonds authorized in this section.
Source
Laws 1955, c. 35, § 3, p. 144;
Laws 1969, c. 88, § 27, p. 450;
Laws 1969, c. 51, § 40, p. 296;
Laws 2016, LB704, § 196.
Cross References
Offstreet Parking District Act, see section 19-3301.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-804 - Revenue bonds; plans and specifications; engineer.

16-804.
Revenue bonds; plans and specifications; engineer.
Before the issuance of any revenue bonds as provided under section 16-803, the city of the first class shall have an independent and qualified firm of engineers prepare plans and specifications for such improvements. In the preparation of the plans and specifications, the independent engineer shall collaborate and counsel with any city engineering or traffic departments so as to coordinate the program with the program for the control of traffic within such city.
Source
Laws 1955, c. 35, § 4, p. 145;
Laws 2016, LB704, § 197.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-805 - City council; rules and regulations; rates and charges; adopt.

16-805.
City council; rules and regulations; rates and charges; adopt.
The city council shall make all necessary rules and regulations governing the use, operation, and control of the improvements as provided in sections 16-801 to 16-811. In the exercise of the grant of power as provided in sections 16-801 to 16-811, the city of the first class may make contracts with departments of the city, or others, if such contracts are necessary and needed for the payment of the revenue bonds authorized in section 16-803 and for the successful operation of the parking facilities. The city council shall also establish and maintain equitable rates or charges for such services sufficient in amount to pay for the cost of operation, repair, and upkeep of the facilities to be purchased, acquired, or leased, and the principal of and interest on any revenue bonds issued pursuant to sections 16-801 to 16-811. The city council may also make any other agreements with the purchasers of the bonds for the security of the issuing city and the purchasers of such bonds not in contravention with sections 16-801 to 16-811.
Source
Laws 1955, c. 35, § 5, p. 145;
Laws 2016, LB704, § 198.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-806 - Ordinance; publication; objections; submission to electors; election; notice.

16-806.
Ordinance; publication; objections; submission to electors; election; notice.
The mayor and city council of a city of the first class may adopt by ordinance the proposition to make such purchase or to erect such facility or facilities as set forth in section 16-802, and before the purchase can be made or facility created, the city council shall publish in a legal newspaper in or of general circulation in the city the location of the proposed offstreet motor vehicle parking facility or facilities, the proposed cost, and the total amount of the bonds to be issued. If the electors of such city, equal in number to five percent of the electors of such city voting at the last preceding general municipal election, file a written objection or objections to the proposed issuance of revenue bonds within sixty days after the adoption of such ordinance, the city council must submit the question to the electors of such city at a general municipal election or at a special election called for that purpose and be approved by a majority of the electors voting on such question. If the question is submitted at a special election, the vote for the purchase or acquisition of such real estate or the purchase or erection of such facility or facilities shall equal at least a majority of the votes cast at the last preceding general election. Notice of the time and place of the election shall be given by publication in a legal newspaper in or of general circulation in such city three successive weeks prior thereto.
Source
Laws 1955, c. 35, § 6, p. 146;
Laws 1957, c. 27, § 1, p. 181;
Laws 2016, LB704, § 199.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-807 - Lease of facilities; competitive bidding.

16-807.
Lease of facilities; competitive bidding.
On the creation of a parking facility as provided under section 16-802 for the use of the general public, the city may lease such facility to one or more operators to provide for the efficient operation of the facility. Such lease shall be let on a competitive basis and no lease shall run for a period in excess of ten years. In granting any lease, the city shall retain such control of the facility as may be necessary to insure that the facility will be properly operated in the public interest and that the prices charged are reasonable. The provisions of sections 16-801 to 16-811 shall not be construed to authorize the city or the lessee of the facility to engage in the sale of any commodity, product, or service, or to engage in any business other than the purposes set forth in section 16-802.
Source
Laws 1955, c. 35, § 7, p. 146;
Laws 2016, LB704, § 200.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-808 - Property not subject to condemnation.

16-808.
Property not subject to condemnation.
Property now used or hereafter acquired for offstreet motor vehicle parking by a private operator within a city of the first class shall not be subject to condemnation.
Source
Laws 1955, c. 35, § 8, p. 146;
Laws 2019, LB194, § 91.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-809 - Revenue bonds; rights of holders.

16-809.
Revenue bonds; rights of holders.
The provisions of sections 16-801 to 16-811 and of any ordinance authorizing the issuance of bonds under the provisions of sections 16-801 to 16-811 shall constitute a contract with the holders of such bonds, and any holder of a bond or bonds or any of the coupons of any bond or bonds of such city, issued under the provisions of sections 16-801 to 16-811, may either in law or in equity, by suit, action, mandamus, or other proceedings, enforce and compel the performance of all duties required by the provisions of sections 16-801 to 16-811 or by the ordinance authorizing the bonds, including the making and collection of sufficient charges and fees for service and the use thereof, and the application of income and revenue thereof.
Source
Laws 1955, c. 35, § 9, p. 146;
Laws 2016, LB704, § 201.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-810 - Revenue bonds; onstreet parking meters; revenue; use; exception.

16-810.
Revenue bonds; onstreet parking meters; revenue; use; exception.
Any city of the first class is authorized to use any or all of the revenue from onstreet parking meters for the purpose set forth in section 16-802 if such revenue has not been pledged for the payment of revenue bonds authorized in section 16-803.
Source
Laws 1955, c. 35, § 10, p. 147;
Laws 2016, LB704, § 202.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-811 - Sections; supplementary to existing law.

16-811.
Sections; supplementary to existing law.
Sections 16-801 to 16-811 are supplementary to existing statutes relating to cities of the first class and confer upon such cities powers not heretofore granted.
Source
Laws 1955, c. 35, § 11, p. 147.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-903 - Platting; recording; city council; powers.

16-903.
Platting; recording; city council; powers.
No plat or instruments effecting the subdivision of real property, described in section 16-902, shall be recorded or have any force and effect unless the same be approved by the city council of such city or by its agent designated pursuant to section 19-916. The city council of such city shall have power, by ordinance, to provide the manner, plan, or method by which real property in any such area may be subdivided, platted, or laid out, including a plan or system for the avenues, streets, or alleys to be laid out within or across the same; and to prohibit the sale or offering for sale of, and the construction of buildings and other improvements on, any lots or parts of real property not subdivided, platted, or laid out as required in sections 16-902 to 16-904, 19-916, 19-918, and 19-920.
Source
Laws 1957, c. 28, § 2(2), p. 183;
Laws 1967, c. 66, § 5, p. 217;
Laws 1983, LB 71, § 3.
Annotations
Act, of which this section was a part, sustained as constitutional. Schlientz v. City of North Platte, 172 Neb. 477, 110 N.W.2d 58 (1961).
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-904 - Conformity with ordinance; dedication of avenues, streets, and alleys.

16-904.
Conformity with ordinance; dedication of avenues, streets, and alleys.
The city council, described in section 16-902, shall have power to compel the owner of any real property in such area in subdividing, platting, or laying out the same to conform to the requirements of the ordinance and to lay out and dedicate the avenues, streets, and alleys in accordance therewith.
Source
Laws 1957, c. 28, § 2(3), p. 184.
Annotations
Act, of which this section was a part, sustained as constitutional. Schlientz v. City of North Platte, 172 Neb. 477, 110 N.W.2d 58 (1961).
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-905 - Designation of jurisdiction; how described.

16-905.
Designation of jurisdiction; how described.
An ordinance of any city of the first class designating the extraterritorial zoning jurisdiction of the city under section 16-901 or 16-902 shall describe such territory by metes and bounds or by reference to an official map.
Source
Laws 1993, LB 208, § 2;
Laws 2016, LB704, § 205.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-1001 - Act, how cited; applicability.

16-1001.
Act, how cited; applicability.
Sections 16-1001 to 16-1019 shall be known and may be cited as the Police Officers Retirement Act and shall apply to all police officers of a city of the first class.
Source
Laws 1983, LB 237, § 1;
Laws 2012, LB1082, § 1.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-1003 - Police officer; prior service; how treated.

16-1003.
Police officer; prior service; how treated.
A police officer shall be credited with all years of his or her service after the year 1965 for the purpose of determining vested retirement benefits under the Police Officers Retirement Act.
Source
Laws 1983, LB 237, § 3;
Laws 2012, LB1082, § 3.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-1004 - Police Officers Retirement System Fund; administration; system funding; separate investment accounts.

16-1004.
Police Officers Retirement System Fund; administration; system funding; separate investment accounts.
(1) Each city of the first class shall keep and maintain a Police Officers Retirement System Fund for the purpose of investing payroll deductions and city contributions to the retirement system. The fund shall be maintained separate and apart from all city money and funds. The fund shall be administered under the direction of the city and the retirement committee exclusively for the purposes of the retirement system and for the benefit of participating police officers and their beneficiaries. The fund shall be established as a trust under the laws of this state for all purposes of section 401(a) of the Internal Revenue Code. Regular interest shall accrue on any contributions transferred into the fund. Such funds shall be invested in the manner prescribed in section 16-1016.
(2) The city shall establish a medium for funding of the retirement system, which may be a pension trust fund, custodial account, group annuity contract, or combination thereof, for the purpose of investing money for the retirement system in the manner prescribed by section 16-1016 and to provide the retirement, death, and disability benefits for police officers pursuant to the Police Officers Retirement Act. The trustee or custodian of any trust fund may be a designated funding agent which is qualified to act as a fiduciary or custodian in this state, the city treasurer, a city officer authorized to administer funds of the city, or a combination thereof.
(3) Upon direction of the city, there may be established separate investment accounts for each participating police officer for the purpose of allowing each police officer to direct the investment of all or a portion of his or her employee account or employer account subject to the requirements of section 16-1016 and any other rules or limitations that may be established by the city or the retirement committee. If separate investment accounts are established, each account shall be separately invested and reinvested, separately credited with all earnings and gains with respect to the investment of the assets of the investment account, and separately debited with the losses of the account. Each investment account shall be adjusted each year to reflect the appreciation or depreciation of the fair market value of the assets held in such account as determined by the retirement committee. The expenses incurred by the retirement system when a police officer directs the investment of all or a portion of his or her individual investment account shall be charged against the police officer's investment account and shall reduce the police officer's retirement value.
Source
Laws 1983, LB 237, § 4;
Laws 1992, LB 672, § 8;
Laws 1995, LB 574, § 18;
Laws 2012, LB1082, § 4.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-1005 - Contribution by police officer; amount; city; pick up officers' contributions; voluntary contributions.

16-1005.
Contribution by police officer; amount; city; pick up officers' contributions; voluntary contributions.
(1) Until October 1, 2013, each police officer shall contribute to the retirement system a sum equal to six percent of his or her salary. Beginning October 1, 2013, until October 1, 2015, each police officer shall contribute to the retirement system a sum equal to six and one-half percent of his or her salary. Beginning October 1, 2015, each police officer shall contribute to the retirement system a sum equal to seven percent of his or her salary. Such payment shall be made by regular payroll deductions from the police officer's periodic salary and shall be credited to his or her employee account on a monthly basis. Each such account shall also be credited with regular interest.
(2) Each city of the first class shall pick up the police officers' contributions required by subsection (1) of this section, and the contributions so picked up shall be treated as employer contributions in determining federal tax treatment under the Internal Revenue Code, except that the city shall continue to withhold federal income taxes based upon these contributions until the Internal Revenue Service or the federal courts rule that, pursuant to section 414(h) of the Internal Revenue Code, these contributions shall not be included as gross income of the employee until such time as they are distributed from the retirement system. The city shall pay these employee contributions from the same source of funds which is used in paying earnings to the employee. The city shall pick up these contributions by a salary deduction either through a reduction in the cash salary of the employee or a combination of a reduction in salary and offset against a future salary increase. A police officer shall not be given an option to choose to receive the amount of the required contribution in lieu of having such contribution paid directly to the retirement system.
(3) Each police officer shall be entitled to make voluntary cash contributions to the retirement system in an amount not to exceed the contribution limitations established by the Internal Revenue Code. Voluntary contributions shall be credited to the police officer's employee account and shall thereafter be credited with regular interest. A police officer's voluntary contribution shall become a part of the Police Officers Retirement System Fund and shall be held, administered, invested, and distributed in the same manner as any other employee contribution to the retirement system.
Source
Laws 1983, LB 237, § 5;
Laws 1992, LB 672, § 9;
Laws 1995, LB 574, § 19;
Laws 2012, LB1082, § 5.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-1006 - Contributions by city; amount; how credited; interest; when.

16-1006.
Contributions by city; amount; how credited; interest; when.
Each city of the first class shall contribute to the retirement system a sum equal to one hundred percent of the amounts deducted, in accordance with subsection (1) of section 16-1005, from each such police officer's periodic salary. Such payment shall be contributed as provided in subsection (1) of section 16-1005 for employee contributions and shall be credited to the police officer's employer account on a monthly basis. Each such account shall also be credited with regular interest. The city shall also contribute to the employer account of any police officer employed by the city on January 1, 1984, an amount equal to the employee contributions of such police officer that were made to the city prior to January 1, 1984, without interest, with such contribution to be made at the time the police officer retires or terminates employment with the city. The city may contribute such amount before the police officer's retirement or termination of employment or credit interest on such contribution.
Source
Laws 1983, LB 237, § 6;
Laws 1992, LB 672, § 10;
Laws 2012, LB1082, § 6.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-1008 - Retirement options; retirement date.

16-1008.
Retirement options; retirement date.
(1) A police officer of a city of the first class may:
(a) Elect to retire and receive the applicable pension benefit provided in section 16-1007 based on his or her full retirement value upon the attainment of age sixty;
(b) Elect to take early retirement and receive the applicable pension benefit provided in section 16-1007 if he or she has attained the age of fifty-five and has completed twenty-five years of service with the city; or
(c) Retire as a result of disability while in the line of duty, as determined under section 16-1011, at any age, and receive the applicable pension benefit provided in section 16-1011.
(2) A police officer who is eligible to retire pursuant to subsection (1) of this section but does not, shall continue to contribute to his or her employee account, and the city shall continue to contribute to his or her employee account and to his or her employer account.
(3) The first of the month immediately following the last day of work shall be the retirement date.
Source
Laws 1983, LB 237, § 8;
Laws 1992, LB 672, § 12.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-1010 - Police officer; death in the line of duty; beneficiaries; retirement benefits.

16-1010.
Police officer; death in the line of duty; beneficiaries; retirement benefits.
When prior to retirement any police officer dies in the line of duty or his or her death is caused by or is the result of injuries received while in the line of duty and if such police officer is not survived by a spouse or by minor children, the entire retirement value shall be payable to the beneficiary specified by the deceased police officer prior to his or her death or to the deceased police officer's estate if no beneficiary was specified. The retirement value or portion thereof to be received by the beneficiary may be paid in the form of a single lump-sum payment, straight life annuity, or other optional form of benefit specified in the retirement system's funding medium. For a police officer who is survived by a spouse or minor children, a retirement pension of fifty percent of regular pay shall be paid to the surviving spouse or, upon his or her remarriage or death, to the minor children during each child's minority subject to deduction of the amounts paid as workers' compensation benefits on account of death as provided in section 16-1012. Each such child shall share equally in the total pension benefit to the age of his or her majority, except that as soon as a child attains the age of majority, such pension as to such child shall cease. Any payments for the benefit of a minor child shall be made on behalf of such child to the surviving parent or, if there is no surviving parent, to the legal guardian of the child. To the extent that the retirement value at the date of death exceeds the amount required to purchase or provide the specified retirement pension, as reduced by any amounts paid as workers' compensation benefits, the excess shall be paid in the manner provided in subsection (1) of section 16-1009. If the actuarial equivalent of the pension benefit payable to a surviving spouse or minor children under this section exceeds the retirement value at the time of the first payment, the city shall contribute such additional amount as may be necessary to purchase or provide for the required pension benefit.
Source
Laws 1983, LB 237, § 10;
Laws 1986, LB 811, § 3;
Laws 1992, LB 672, § 14;
Laws 2012, LB1082, § 9.