reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-670 - Bonds; amount; interest; maturity; special assessments; revenue bonds.

16-670.
Bonds; amount; interest; maturity; special assessments; revenue bonds.
For the purpose of paying the cost of any sewer, drainage, or water improvements in any district created pursuant to section 16-667, the city council shall have the power and may by ordinance cause bonds of the city to be issued called District Sewer Bonds of District No. ....., District Drainage Bonds of District No. ....., or District Water Bonds of District No. ....., payable in not exceeding twenty years from date and to bear interest payable annually or semiannually with interest coupons attached. All special assessments which may be levied upon properties specially benefited by such work or improvements shall, when collected, be set aside and constitute a sinking fund for the payment of the interest and principal of such bonds. The cost of such sewer, drainage, or water improvements chargeable by special assessment to the private property within such district may be paid by the owners of such property within fifty days from the levy of such special assessments, and thereupon such property shall be exempt from any lien for the special assessment. Such bonds shall not be sold for less than their par value and if any assessment or any part thereof fails or for any reason is invalid, the city council may make such other and further assessments on such lots or lands as may be required to collect from the lots or lands the cost of any such sewer, drainage, or water improvements properly chargeable to the lots or lands as provided in this section. If such assessments or any part thereof fails or for any reason is invalid, the city council may, without further notice, make such other and further assessments on such lots or lands as may be required to collect from the lots or lands the cost of such improvement properly chargeable to the lots or lands as provided in this section. Nothing in this section shall be construed to prevent a city from paying the cost of sewer, drainage, or water improvements from revenue bonds as otherwise provided by law. When revenue bonds are issued to pay the cost of sewer, drainage, or water improvements, the city council may provide that the collections from any related special assessment district shall be allocated to the gross revenue of the appropriate utility system.
Source
Laws 1901, c. 18, § 48, XXVII, p. 252;
Laws 1905, c. 24, § 1, p. 248;
Laws 1911, c. 14, § 1, p. 130;
Laws 1913, c. 161, § 1, p. 501;
R.S.1913, § 4952;
C.S.1922, § 4121;
C.S.1929, § 16-650;
Laws 1937, c. 25, § 1, p. 144;
C.S.Supp.,1941, § 16-650;
R.S.1943, § 16-670;
Laws 1969, c. 82, § 1, p. 415;
Laws 1969, c. 51, § 32, p. 292;
Laws 1977, LB 483, § 5;
Laws 2005, LB 161, § 5;
Laws 2016, LB704, § 122.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-671 - Construction costs; warrants; power to issue; amount; interest; payment; fund; created.

16-671.
Construction costs; warrants; power to issue; amount; interest; payment; fund; created.
For the purpose of paying the cost of construction of sewer, drainage, or water systems or mains, or any or all of such sewer, drainage, or water systems or mains, the mayor and city council shall have power to issue warrants in amounts not to exceed the total sum of the special assessments provided for in section 16-670, which such warrants shall bear interest at such rate as the mayor and city council shall order. When there are no funds immediately available for the payment thereof, such warrants shall be registered in the manner provided for the registration of other warrants, and called and paid whenever there are funds available for the purpose in the manner provided for the calling and paying of other warrants. For the purpose of paying such warrants and the interest thereon from the time of their registration until paid, the special assessments pursuant to section 16-670 shall be kept as they are paid and collected in a fund to be designated and known as the Sewer and Water Extension Fund into which all money levied for such improvements shall be paid as collected, and out of which all warrants issued for such purposes shall be paid.
Source
Laws 1913, c. 161, § 1, p. 502;
R.S.1913, § 4952;
C.S.1922, § 4121;
C.S.1929, § 16-650;
Laws 1937, c. 25, § 1, p. 145;
C.S.Supp.,1941, § 16-650;
R.S.1943, § 16-671;
Laws 1969, c. 82, § 2, p. 416;
Laws 1969, c. 51, § 33, p. 293;
Laws 2016, LB704, § 123.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-671.01 - Partial payments, authorized; interest; rate; warrants; issuance; payment.

16-671.01.
Partial payments, authorized; interest; rate; warrants; issuance; payment.
For the purpose of making partial payments as the work progresses, warrants may be issued by the mayor and city council of a city of the first class upon certificates of the engineer in charge showing the amount of work completed and materials necessarily purchased and delivered for the orderly and proper continuation of the project in a total amount not to exceed ninety-five percent of the cost thereof and upon the completion and acceptance of the work issue a final warrant for the balance of the amount due the contractor. The city shall pay to the contractor interest at the rate of eight percent per annum on the amounts due on partial and final payments beginning forty-five days after the certification of the amounts due by the engineer in charge and approval of the governing body, and running until the date that the warrant is tendered to the contractor. The warrants shall be redeemed and paid out of the proceeds received from the special assessments levied under the provisions of section 16-669, or out of the proceeds of the bonds or warrants issued under the provisions of sections 16-670 and 16-671. The warrants shall draw such interest as shall be provided in the warrants from the date of registration until paid.
Source
Laws 1955, c. 34, § 1, p. 142;
Laws 1969, c. 51, § 34, p. 293;
Laws 1974, LB 636, § 2;
Laws 2019, LB194, § 62.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-672.01 - Storm sewer districts; ordinance; contents.

16-672.01.
Storm sewer districts; ordinance; contents.
Supplemental to any existing law on the subject, whenever the mayor and city council of any city of the first class shall deem it advisable or necessary to construct storm water sewers and appurtenances in any section of the city and the extraterritorial zoning jurisdiction of the city as established pursuant to section 16-901, together with outlets for such storm water sewers or appurtenances, the advisability and necessity thereof shall be declared in a proposed ordinance, which shall state the kinds of pipe proposed to be used, and shall include concrete pipe and vitrified clay pipe and any other material deemed suitable and shall state the size or sizes and kinds of sewers proposed to be constructed and shall designate the location and terminal points thereof. The ordinance shall refer to the plans and specifications thereof which shall have been made and filed with the city clerk by the city engineer before publication of such ordinance. The city engineer shall also make and file, prior to the publication of such ordinance, an estimate of the total cost of the proposed improvement, which shall be stated in the ordinance. The mayor and city council shall have power to assess, to the extent of special benefits, the cost of such portions of the improvements as are local improvements, upon properties found specifically benefited. The ordinance shall state the outer boundaries of the district or districts in which it is proposed to make special assessments.
Source
Laws 1961, c. 46, § 1, p. 177;
Laws 2005, LB 234, § 1;
Laws 2016, LB704, § 125.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-672.02 - Ordinance; hearing; notice.

16-672.02.
Ordinance; hearing; notice.
Notice of the time when any ordinance as provided in section 16-672.01 shall be set for consideration before the mayor and city council shall be given by at least two publications in a legal newspaper in or of general circulation in such city, which publication shall state the entire wording of the ordinance. The last publication shall be not less than five days nor more than two weeks prior to the time set for the hearing of objections to the passage of any such ordinance, at which hearing the owners of real property located in such improvement district and which might become subject to assessment for the cost of the contemplated improvement may appear and make objections to the improvement. Thereafter the ordinance may be amended and passed or passed as proposed.
Source
Laws 1961, c. 46, § 2, p. 178;
Laws 2016, LB704, § 126.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-672.03 - Ordinance; protest; filing; effect.

16-672.03.
Ordinance; protest; filing; effect.
If a written protest signed by owners of the property located in an improvement district provided in section 16-672.01 and representing a majority of the front footage which may become subject to assessment for the cost of the improvement is filed with the city clerk within three days before the date of the meeting for the consideration of such ordinance, such ordinance shall not be passed.
Source
Laws 1961, c. 46, § 3, p. 178;
Laws 2016, LB704, § 127.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-672.04 - Ordinance; adoption.

16-672.04.
Ordinance; adoption.
Upon compliance with sections 16-672.01 to 16-672.03, the mayor and city council may, by ordinance, order the making and construction of the improvements provided for in section 16-672.01. To adopt such ordinance, a majority of the whole number of members elected to the city council shall be required. If the vote is a tie, the mayor may vote to break such tie.
Source
Laws 1961, c. 46, § 4, p. 179;
Laws 2016, LB704, § 128.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-672.05 - Construction; notice to contractors, when; contents; bids; acceptance.

16-672.05.
Construction; notice to contractors, when; contents; bids; acceptance.
After ordering improvements as provided in section 16-672.01, the mayor and city council may enter into a contract for the construction of the improvements in one or more contracts, but no work shall be done or contract let, if the estimated cost of the improvements, as determined by the city engineer, is in excess of two thousand dollars, until notice to contractors has been published once each week for three weeks in a legal newspaper in or of general circulation in the city. The notice shall state the extent of the work, and the kind of materials to be bid upon, including in such notice all kinds of material mentioned in the ordinance specified in section 16-672.01, and the time when bids will be received, and may set forth the amount of the engineer's estimate of the cost of such improvements. The work provided for in sections 16-672.01 to 16-672.11 shall be done under a written contract with the lowest responsible bidder on the material selected after the bids are opened and in accordance with the requirements of the plans and specifications. The mayor and city council may reject any or all bids received and advertise for new bids in accordance with this section.
Source
Laws 1961, c. 46, § 5, p. 179;
Laws 1969, c. 82, § 3, p. 416;
Laws 1975, LB 112, § 1;
Laws 2016, LB704, § 129.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-672.06 - Construction; acceptance; notice of assessments.

16-672.06.
Construction; acceptance; notice of assessments.
After the completion of work in the construction of public improvements as provided in section 16-672.05, the city engineer shall file with the city clerk a certificate of acceptance, which acceptance shall be approved by the mayor and city council by ordinance. The mayor and city council shall then require the city engineer to make a complete statement of all the costs of such improvement and a plat of the property in the storm water sewer district and a schedule of the amount proposed to be assessed against each separate parcel of real property in such district, which shall be filed with the city clerk within ten days from the date of the acceptance of the work. The mayor and city council shall then order the clerk to give notice that the 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 within twenty days after the first publication of the 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 the city and by notices posted in three conspicuous places in such storm water sewer district. Such notice shall state the time and place where objections, filed as provided in this section, shall be considered by the mayor and city council.
Source
Laws 1961, c. 46, § 6, p. 180;
Laws 2016, LB704, § 130.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-672.07 - Assessments; hearing; equalization; delinquent payments; interest.

16-672.07.
Assessments; hearing; equalization; delinquent payments; interest.
The hearing on the proposed assessments as provided in section 16-672.06 shall be held by the mayor and city council sitting as a board of adjustment and equalization, at the time and place specified in such notice which shall not be less than twenty days nor more than thirty days after the date of the 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 is payable in installments, each installment shall draw interest payable annually or semiannually from the date of levy until due. Any 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, from the date of delinquency until paid.
Source
Laws 1961, c. 46, § 7, p. 180;
Laws 1969, c. 51, § 35, p. 294;
Laws 1980, LB 933, § 15;
Laws 1981, LB 167, § 16;
Laws 2016, LB704, § 131;
Laws 2019, LB194, § 64.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-672.08 - Special assessments; levy.

16-672.08.
Special assessments; levy.
After the equalization of special assessments as required under section 16-672.07, the special assessments shall be levied by the mayor and city council upon all lots or parcels of real property within the storm water sewer district, specifically benefited by reason of the improvement. The special assessment 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 special assessments for street improvements are enforced in cities of the first class, and any payments thereon, made under previous levies, shall be credited to the property involved. All assessments made for such purposes shall be collected in the same manner as general taxes and shall be subject to the same penalties.
Source
Laws 1961, c. 46, § 8, p. 181;
Laws 2016, LB704, § 132.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-672.09 - Assessments; maturity; interest; rate.

16-672.09.
Assessments; maturity; interest; rate.
All special assessments provided for in section 16-672.08 shall become due in fifty days after the date of levy and may be paid within that time without interest, but if not so paid, they shall bear interest at the rate set by the city council until delinquent. Such assessments shall become delinquent in equal annual installments over such period of years as the mayor and city council may determine at the time of making the levy. Delinquent installments shall bear interest at the rate specified in section 45-104.01, as such rate may from time to time be adjusted by the Legislature, until paid and shall be collected in the usual manner for the collection of general taxes and shall be subject to the same penalties.
Source
Laws 1961, c. 46, § 9, p. 181;
Laws 1969, c. 51, § 36, p. 294;
Laws 1980, LB 933, § 16;
Laws 1981, LB 167, § 17.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-672.10 - Assessments; sinking fund; disbursement.

16-672.10.
Assessments; sinking fund; disbursement.
All the special assessments provided for in section 16-672.08, shall, when levied and collected be placed in a sinking fund for the purpose of paying the cost of the improvements as provided in sections 16-672.01 to 16-672.11 with allowable interest thereon, and shall be solely and strictly applied to such purpose to the extent required; but any excess thereof may be by the mayor and city council, after fully discharging the purposes for which levied, transferred to such other fund or funds as the mayor and city council may deem advisable.
Source
Laws 1961, c. 46, § 10, p. 182.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-672.11 - Bonds; maturity; interest; rate; contractor; interest; warrants; tax levy.

16-672.11.
Bonds; maturity; interest; rate; contractor; interest; warrants; tax levy.
For the purpose of paying the cost of the public improvements as provided in sections 16-672.01 to 16-672.11, the mayor and city council of any city of the first class, after such improvements have been completed and accepted, shall have the power to issue negotiable bonds of the city to be called storm water sewer district bonds, payable in not exceeding twenty years and bearing interest payable annually, which may either be sold by the city or delivered to the contractor in payment for the work, but in either case for not less than their par value. For the purpose of making partial payments as the work progresses, warrants may be issued by the mayor and city council upon certificates of the engineer in charge, showing the amount of work completed and materials necessarily purchased and delivered for the orderly and proper continuance of the project, in a sum not exceeding ninety-five percent of the cost thereof, and upon the completion and acceptance of the work, a final warrant may be issued for the balance due the contractor, which warrants shall be redeemed and paid upon the sale of the bonds issued and sold as provided in this section. The city shall pay to the contractor interest at the rate of eight percent per annum on the amounts due on partial and final payments beginning forty-five days after the certification of the amounts due by the engineer in charge and approval by the city council and running until the date that the warrant is tendered to the contractor. All special assessments which may be levied upon property specially benefited by such work or improvements in any such storm water sewer district shall, when collected, be set aside and placed in a sinking fund for the payment of the interest and principal of the bonds. There shall be levied annually upon all of the taxable property in the city a tax which, together with such sinking fund derived from special assessments collected, shall be sufficient to meet payments of interest and principal on the bonds as the same become due. Such tax shall be known as the storm water sewer tax, shall be payable annually, shall be collected in the same manner as general taxes, and shall be subject to the same penalties.
Source
Laws 1961, c. 46, § 11, p. 182;
Laws 1969, c. 51, § 37, p. 295;
Laws 1974, LB 636, § 3;
Laws 1992, LB 719A, § 42;
Laws 2016, LB704, § 133.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-673 - Construction and operation; contracts; procedures.

16-673.
Construction and operation; contracts; procedures.
The mayor and city council of any city of the first class shall have power to make contracts with and authorize any person, company, or association to erect a gas works, power plant, electric or other light works, heating plant, or waterworks in such city and give such persons, company, or association the privilege of furnishing water, lights, power, or heat for the streets, lanes, alleys, and public places and property of such city and its inhabitants for any length of time not exceeding twenty-five years. Any city of the first class may by resolution of the city council contract for the furnishing of electricity at retail to such city and the inhabitants thereof with any public power district, or an electric cooperative which cooperative has an approved retail service area adjoining such city's retail service area.
Source
Laws 1901, c. 18, § 54, p. 272;
Laws 1905, c. 23, § 2, p. 244;
Laws 1907, c. 14, § 1, p. 121;
Laws 1909, c. 19, § 1, p. 184;
R.S.1913, § 4954;
Laws 1917, c. 97, § 1, p. 260;
Laws 1919, c. 38, § 1, p. 120;
Laws 1921, c. 169, § 1, p. 661;
C.S.1922, § 4123;
C.S.1929, § 16-652;
Laws 1931, c. 29, § 1, p. 118;
C.S.Supp.,1941, § 16-652;
R.S.1943, § 16-673;
Laws 1951, c. 26, § 2, p. 118;
Laws 1965, c. 58, § 1, p. 266;
Laws 1969, c. 83, § 1, p. 418;
Laws 1975, LB 67, § 1.
Annotations
Contract with private corporation to supply water to supplement city waterworks system authorized. Hevelone v. City of Beatrice, 120 Neb. 648, 234 N.W. 791 (1931).
Power company that contracted with village, to furnish electric power at a given rate for twenty-five years, is estopped, after operating thereunder for six years, to claim the contract was ultra vires and confiscatory. Village of Davenport v. Meyer Hydro-Electric Power Co., 110 Neb. 367, 193 N.W. 719 (1923).
Under prior act, city's authority to grant a franchise to a gas company was not restricted to such works being built within such city nor need its franchise be limited to a period of five years. Sharp v. City of South Omaha, 53 Neb. 700, 74 N.W. 76 (1898).
City cannot make a contract precluding it from increasing or decreasing the rates for electric power during the life of the contract, but such city cannot make rates that are noncompensatory or confiscatory. Central Power Co. v. City of Kearney, 274 F. 253 (8th Cir. 1921).
Authority granted city to contract to build and operate a waterworks "on such terms and under such regulations as may be agreed on" constitutes authority to agree with water company on water rates for twenty-five years, and city's attempt to alter such rates may be enjoined. Omaha Water Co. v. City of Omaha, 147 F. 1 (8th Cir. 1906).
City is estopped to defend against waterworks bonds in hands of innocent purchasers where such bonds reflect city certified in bond that they were legally issued, it having plenary power so to do, though the bonds cited the wrong statutory section as authority therefor. City of Beatrice v. Edminson, 117 F. 427 (8th Cir. 1902).
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-674 - Acquisition of plants or facilities; condemnation; procedure.

16-674.
Acquisition of plants or facilities; condemnation; procedure.
The mayor and city council of a city of the first class shall have power to purchase or provide for, establish, construct, extend, enlarge, maintain, operate, and regulate for the city any such waterworks, gas works, power plant, including an electrical distribution facility, electric or other light works, or heating plant, or to condemn and appropriate, for the use of the city, waterworks, gas works, power plant, including an electrical distribution facility, electric or other light works, or heating plant. 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 or the Municipal Natural Gas System Condemnation Act is applicable. For purposes of this section, an electrical distribution facility shall be located within the retail service area of such city as approved by and on file with the Nebraska Power Review Board, pursuant to Chapter 70, article 10.
Source
Laws 1901, c. 18, § 54, p. 272;
Laws 1905, c. 23, § 2, p. 244;
Laws 1907, c. 14, § 1, p. 122;
Laws 1909, c. 19, § 1, p. 184;
R.S.1913, § 4954;
Laws 1917, c. 97, § 1, p. 260;
Laws 1919, c. 38, § 1, p. 120;
Laws 1921, c. 169, § 1, p. 661;
C.S.1922, § 4123;
C.S.1929, § 16-652;
Laws 1931, c. 29, § 1, p. 118;
C.S.Supp.,1941, § 16-652;
R.S.1943, § 16-674;
Laws 1951, c. 101, § 53, p. 471;
Laws 1982, LB 875, § 1;
Laws 2002, LB 384, § 24;
Laws 2019, LB194, § 65.
Cross References
Municipal Natural Gas System Condemnation Act, see section 19-4624.
Annotations
Gas company's franchise authorizes it to substitute natural gas for artificial gas, as such substitution carries out the intention of the franchise to insure the best gas available to the users. Central Power Co. v. City of Hastings, 52 F.2d 487 (D. Neb. 1931).
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-675 - Acquisition; operation; tax authorized.

16-675.
Acquisition; operation; tax authorized.
The mayor and city council of a city of the first class may levy a tax, not exceeding seven cents on each one hundred dollars upon the taxable value of all the taxable property in such city, for the purpose of paying the cost of lighting the streets, lanes, alleys, and other public places or property of the city, for the purpose of furnishing water, heat, or power for the city, or for the purpose of buying, establishing, extending, or maintaining such waterworks, gas, electric, or other light works, or heating or power plant, not exceeding three and five-tenths cents on each one hundred dollars upon the taxable value of all the taxable property in such city for any one of the respective purposes.
Source
Laws 1901, c. 18, § 54, p. 272;
Laws 1905, c. 23, § 2, p. 244;
Laws 1907, c. 14, § 1, p. 122;
Laws 1909, c. 19, § 1, p. 184;
R.S.1913, § 4954;
Laws 1917, c. 97, § 1, p. 261;
Laws 1919, c. 38, § 1, p. 121;
Laws 1921, c. 169, § 1, p. 661;
C.S.1922, § 4123;
C.S.1929, § 16-652;
Laws 1931, c. 29, § 1, p. 118;
C.S.Supp.,1941, § 16-652;
R.S.1943, § 16-675;
Laws 1953, c. 287, § 8, p. 934;
Laws 1979, LB 187, § 39;
Laws 1992, LB 719A, § 43;
Laws 2019, LB194, § 66.
Annotations
Provision in prior act, limiting tax levy to five mills on a dollar valuation for purpose stated, repealed by implication, and reduced to one mill on a dollar valuation by reason of the amendment of the general revenue laws. Drew v. Mumford, 114 Neb. 100, 206 N.W. 159 (1925).
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-676 - Acquisition; operation; bonds; issuance; amount; approval of electors required.

16-676.
Acquisition; operation; bonds; issuance; amount; approval of electors required.
Where the amount of money which would be raised by the tax levy provided for in section 16-675 would be insufficient to establish or pay for a system of waterworks, gas, electric, or other light works, or heating or power system, the mayor and city council may borrow money and pledge the property and credit of the city upon its negotiable bonds or otherwise to an amount not exceeding two hundred and fifty thousand dollars for the purpose of establishing, constructing, extending, enlarging, or paying for, or maintaining the utilities named in this section. No such bonds shall be issued by the city council until the question of issuing the bonds shall have been submitted to the electors of the city at an election held for such purpose, notice of which shall have been given by publication once each week for three successive weeks prior thereto in a legal newspaper in or of general circulation in such city, and a majority of the electors voting upon the proposition shall have voted in favor of issuing such bonds. However, no election shall be called until a petition signed by at least fifty resident property owners shall be presented to the mayor and city council asking that an election be called for the purpose specified in this section.
Source
Laws 1901, c. 18, § 54, p. 272;
Laws 1905, c. 23, § 2, p. 244;
Laws 1907, c. 14, § 1, p. 122;
Laws 1909, c. 19, § 1, p. 185;
R.S.1913, § 4954;
Laws 1917, c. 97, § 1, p. 261;
Laws 1919, c. 38, § 1, p. 121;
Laws 1921, c. 169, § 1, p. 662;
C.S.1922, § 4123;
C.S.1929, § 16-652;
Laws 1931, c. 29, § 1, p. 118;
C.S.Supp.,1941, § 16-652;
R.S.1943, § 16-676;
Laws 1951, c. 26, § 3, p. 118;
Laws 2016, LB704, § 134.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-677 - Bonds; sinking funds; tax to provide.

16-677.
Bonds; sinking funds; tax to provide.
When bonds shall have been issued by the city as provided under section 16-676, the mayor and city council shall have power to levy annually upon all taxable property of the city such tax as may be necessary for a sinking fund for the payment of accruing interest on such bonds and the principal thereof at maturity, and to provide for the office of water commissioner, power commissioner, light commissioner, or heat commissioner, and to prescribe the powers and duties of such officers.
Source
Laws 1901, c. 18, § 54, p. 273;
Laws 1905, c. 23, § 2, p. 245;
Laws 1907, c. 14, § 1, p. 122;
Laws 1909, c. 19, § 1, p. 185;
R.S.1913, § 4954;
Laws 1917, c. 97, § 1, p. 261;
Laws 1919, c. 38, § 1, p. 121;
Laws 1921, c. 169, § 1, p. 662;
C.S.1922, § 4123;
C.S.1929, § 16-652;
Laws 1931, c. 29, § 1, p. 119;
C.S.Supp.,1941, § 16-652;
R.S.1943, § 16-677;
Laws 2016, LB704, § 135.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-678 - Existing franchises and contracts; rights preserved; tax authorized.

16-678.
Existing franchises and contracts; rights preserved; tax authorized.
Nothing contained in sections 16-673 to 16-677 shall change or in any way affect existing franchises or existing contracts between any city and any company, corporation, or individual for furnishing the city or its inhabitants with light, power, heat, or water. The mayor and city council shall levy a sufficient tax to pay for such light, power, heat, or water supply in accordance with the terms of such existing contracts, not exceeding four and nine-tenths cents on each one hundred dollars upon the taxable value of all the taxable property in such city in any one year for any one of the purposes.
Source
Laws 1901, c. 18, § 54, p. 273;
Laws 1905, c. 23, § 2, p. 245;
Laws 1907, c. 14, § 1, p. 123;
Laws 1909, c. 19, § 1, p. 185;
R.S.1913, § 4954;
Laws 1917, c. 97, § 1, p. 261;
Laws 1919, c. 38, § 1, p. 121;
Laws 1921, c. 169, § 1, p. 662;
C.S.1922, § 4123;
C.S.1929, § 16-652;
Laws 1931, c. 29, § 1, p. 119;
C.S.Supp.,1941, § 16-652;
R.S.1943, § 16-678;
Laws 1953, c. 287, § 9, p. 934;
Laws 1979, LB 187, § 40;
Laws 1992, LB 719A, § 44;
Laws 2016, LB704, § 136.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-679 - Service; duty to provide; rates; regulation.

16-679.
Service; duty to provide; rates; regulation.
The mayor and city council of a city of the first class shall have power (1) to require every individual or private corporation operating such works or plants, subject to reasonable rules and regulations, to furnish any person applying therefor, along the line of its pipes, mains, wires, or other conduits, with gas, water, power, light, or heat, and to supply such city with water for fire protection, and with gas, water, power, light, or heat, for other necessary public or private purposes, (2) to regulate and fix the rents or rates of water, power, gas, electric light, or heat, and (3) to regulate and fix the charges for water meters, power meters, gas meters, electric light, or heat meters, or other device or means necessary for determining the consumption of water, power, gas, electric light, or heat. These powers shall not be abridged by ordinance, resolution, or contract.
Source
Laws 1901, c. 18, § 55, p. 273;
R.S.1913, § 4955;
C.S.1922, § 4124;
C.S.1929, § 16-653;
R.S.1943, § 16-679;
Laws 2016, LB704, § 137;
Laws 2019, LB194, § 67.
Annotations
Under facts in this case, ordinance fixing rates for electrical energy supplied by city-owned plant was not subject to referendum. Hoover v. Carpenter, 188 Neb. 405, 197 N.W.2d 11 (1972).
A city fixing rates acts in a legislative, rather than a judicial capacity. A utility is entitled to a fair return. Rates fixed by city are presumed to be correct and reasonable and burden is on party attacking them to show they are unreasonable. A litigant who invokes the provisions of this statute may not challenge its constitutionality. Kansas-Nebraska Nat. Gas Co., Inc. v. City of Sidney, 186 Neb. 168, 181 N.W.2d 682 (1970).
Cities of the first class may regulate rates to be charged for gas. Nebraska Natural Gas Co. v. City of Lexington, 167 Neb. 413, 93 N.W.2d 179 (1958).
City's authority to erect, extend or to improve and to maintain a sewer system and to issue bonds payable from taxes is independent and complete. State ex rel. City of Columbus v. Price, 127 Neb. 132, 254 N.W. 889 (1934).
City cannot make contract for light and power with provision that precludes it from changing the rates during the life thereof, and a contract so doing is void. Central Power Co. v. City of Kearney, 274 F. 253 (8th Cir. 1921).
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-681 - Municipal utilities; service; rates; regulation.

16-681.
Municipal utilities; service; rates; regulation.
Any city of the first class owning, operating or maintaining its own gas, water, power, light, or heat system shall furnish any person applying therefor, along the line of its pipes, mains, wires, or other conduits, subject to reasonable rules and regulations, with gas, water, power, light, or heat. Such city shall regulate and fix the rental or rate for gas, water, power, light, or heat and regulate and fix the charges for water meters, power meters, gas meters, light meters, or heat meters or other device or means necessary for determining the consumption of gas, water, power, light, or heat. Such city shall require water meters, gas meters, light meters, power meters, or heat meters to be used, or other device or means necessary for determining the consumption of gas, water, power, light, or heat.
Source
Laws 1901, c. 18, § 57, p. 275;
R.S.1913, § 4957;
C.S.1922, § 4126;
C.S.1929, § 16-655;
Laws 1937, c. 23, § 1, p. 146;
C.S.Supp.,1941, § 16-655;
R.S.1943, § 16-681;
Laws 2016, LB704, § 139.
Annotations
Water service to persons outside the corporate limits of the city is contractual and permissive. Burger v. City of Beatrice, 181 Neb. 213, 147 N.W.2d 784 (1967).
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-682 - Municipal utilities; service; delinquent rents; lien; collection.

16-682.
Municipal utilities; service; delinquent rents; lien; collection.
Any city of the first class operating a municipal utility under section 16-681 shall have the right and power to tax, assess, and collect from the inhabitants of the city such rent or rents for the use and benefit of water, gas, power, light, or heat used or supplied to them by such waterworks, mains, pump, or extension of any system of waterworks, or water supply, or by such gas, light, or heat system, as the city council shall by ordinance deem just or expedient. With respect to water rates, taxes, or rents only, such water rates, taxes, or rents, when delinquent, shall be a lien upon the premises or real estate upon or for which the water is used or supplied, and such water taxes, rents, or rates shall be paid and collected and such lien enforced in such manner as the city council shall by ordinance direct and provide. Any delinquent water rentals which remain unpaid for a period of three months after they become due may be, by resolution of the city council, assessed against such real estate as a special assessment, which special assessment shall be certified by the city clerk to the county clerk of the county in which the city is situated. The county clerk shall place such special assessments on the tax rolls for collection, subject to the same penalties and to be collected in like manner as other city taxes. The city council shall notify in writing nonoccupying owners of premises or their agents whenever their tenants or lessees are sixty days delinquent in the payment of water rent. Thereafter, if the owner of such real estate or his or her agent within the city shall notify the city council in writing to discontinue water service to the real estate or the occupants thereof, it shall be the duty of the officer in charge of the water department promptly to discontinue such service, and rentals for any water furnished to the occupants of such real estate in violation of such notice shall not be a lien thereon.
Source
Laws 1937, c. 26, § 1, p. 147;
C.S.Supp.,1941, § 16-655;
R.S.1943, § 16-682;
Laws 2016, LB704, § 140.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-683 - Construction; bonds; plan and estimate required; extensions, additions, and enlargements.

16-683.
Construction; bonds; plan and estimate required; extensions, additions, and enlargements.
Before submitting any proposition for borrowing money for any of the purposes mentioned in sections 16-673, 16-674, and 16-680, the mayor and city council shall determine upon and adopt a system of sewerage, waterworks, heating, lighting, or power, as the case may be, and shall determine upon and adopt a plan for constructing drains or culverts, or for doing other work upon or in connection with watercourses or waterways as authorized in section 16-680. The mayor and city council shall procure from the city engineer an estimate of the actual cost of such system, an estimate of the cost of so much thereof as the mayor and city council may propose to construct with the amount proposed to be borrowed, and plans of such system. The estimate shall be placed and remain in the hands of the city clerk, subject to public inspection during all the times such proposition to borrow money shall be pending. After a system shall have been adopted, no other system or plan shall be adopted in lieu thereof unless authorized by a vote of the people. After construction of any such systems, works, or improvements as are authorized in sections 16-673, 16-674, and 16-680, the city may by vote of the people issue bonds to construct extensions, additions, or enlargements thereof, but not to exceed one hundred twenty-five thousand dollars in any one year, and the total amount of outstanding bonded indebtedness of any such city for the initial construction of any such systems, works, or improvements and for the construction of extensions, additions, and enlargements thereof shall not exceed the respective aggregate limitations of amount imposed under section 16-680.
Source
Laws 1901, c. 18, § 58, p. 275;
Laws 1913, c. 35, § 2, p. 113;
R.S.1913, § 4958;
C.S.1922, § 4127;
C.S.1929, § 16-656;
R.S.1943, § 16-683;
Laws 1947, c. 27, § 1, p. 132;
Laws 2016, LB704, § 141.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-684 - Construction; operation; location; eminent domain; procedure.

16-684.
Construction; operation; location; eminent domain; procedure.
When a system of waterworks or sewerage, power, heating, lighting, or drainage shall have been adopted as provided under sections 16-680 to 16-683, the mayor and city council may erect and construct and maintain such system of waterworks or sewerage or power plant, lighting, heating, or drainage, either within or without the corporate limits of the city, make all needful rules and regulations concerning their use, and do all acts necessary for their construction, completion, management, and control not inconsistent with law, including the taking of private property for the public use for their construction and operation. 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 1901, c. 18, § 59, p. 275;
Laws 1909, c. 19, § 1, p. 186;
Laws 1913, c. 35, § 3, p. 114;
R.S.1913, § 4959;
C.S.1922, § 4128;
Laws 1929, c. 43, § 1, p. 187;
C.S.1929, § 16-657;
R.S.1943, § 16-684;
Laws 1951, c. 101, § 54, p. 472;
Laws 2016, LB704, § 142.
Annotations
A city may acquire existing electric and waterworks systems by eminent domain, but such power cannot extend so as to acquire a utilities property which furnishes several kinds of utility service, and is operated as a unit. Central Power Co. v. Nebraska City, 112 F.2d 471 (8th Cir. 1940).
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-684.01 - Reserve funds; water mains and equipment; when authorized; labor.

16-684.01.
Reserve funds; water mains and equipment; when authorized; labor.
After the establishment of a system of waterworks in any city of the first class, the mayor and city council may expend any accumulated reserve funds in its water department for the purpose of laying and relaying water mains and the installation of water equipment for fire protection. The city shall have the power and authority to employ the necessary labor therefor without the necessity of advertising for bids or of letting a contract or contracts therefor.
Source
Laws 1945, c. 24, § 1, p. 133;
Laws 2016, LB704, § 143.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-686 - Rural lines; when authorized; rates.

16-686.
Rural lines; when authorized; rates.
Any city of the first class is hereby authorized and empowered, for the purpose of carrying out the provisions of sections 16-684 and 19-2701, to construct, maintain, and operate the necessary rural transmission and distribution lines for a distance of eighteen miles from the corporate limits of such city upon, along, and across any of the public highways of this state under the conditions and provisions prescribed by law for the construction of electric transmission and distribution lines to persons, firms, associations, or corporations. Before the construction of any such rural electric transmission or distribution lines shall be undertaken, such city shall enter into contracts for electric service with persons, firms, associations, or corporations to be served at rates which will produce an annual gross revenue to such city equal to not less than fifteen percent of the cost of such construction. Such city shall thereafter adjust such rates when necessary to produce such gross revenue.
Source
Laws 1929, c. 43, § 1, p. 188;
C.S.1929, § 16-657;
R.S.1943, § 16-686;
Laws 1945, c. 22, § 1, p. 130;
Laws 2016, LB704, § 144.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-686.01 - Natural gas distribution system; service to cities of the second class and villages; when authorized.

16-686.01.
Natural gas distribution system; service to cities of the second class and villages; when authorized.
Any city of the first class owning and operating a natural gas distribution system within such city, and owning and operating its own lateral supply line from its distribution system to a natural gas pipeline source of supply, may by ordinance, where such lateral supply line is so located with reference to any cities of the second class or villages within twenty miles of such city not then being supplied with natural gas and having no other source of gas supply available, make gas service available at retail to such municipalities and for that purpose construct, operate, and maintain connecting lines to and natural gas distribution systems in the municipalities. Such city prior to the construction of such facilities and the rendering of such service shall secure from the respective municipalities to be served a natural gas franchise as provided by law.
Source
Laws 1951, c. 24, § 1, p. 114;
Laws 2016, LB704, § 145.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-687 - Contracts; terms; special election.

16-687.
Contracts; terms; special election.
If bonds to finance the construction or acquisition of waterworks, gas, electric, or other light works, or heating or power system, by the city are not approved under section 16-676 or sections 16-680 to 16-683, or if the city fails to obtain an adequate supply of good water, then the mayor and city council may contract with and procure individuals or corporations to construct and maintain a system of waterworks, power, heating, or lighting plant in such city for any time not exceeding twenty years from the date of the contract, with a reservation to the city of the right to purchase such waterworks, lighting, heating, or power plant at any time after the lapse of ten years from the date of the contract upon payment to such individuals or corporations of any amount to be determined from the contract, not exceeding the cost of the construction of such waterworks, power, lighting, or heating plant. In other respects such contract may be on such terms as may be agreed upon by a two-thirds vote of the city council. No such contract shall be made unless authorized by a majority vote of the legal voters of such city at a special election called for that purpose, notice of which shall be given by publication once each week for three successive weeks prior thereto in a legal newspaper in or of general circulation in such city.
Source
Laws 1901, c. 18, § 60, p. 276;
Laws 1907, c. 13, § 1, p. 120;
R.S.1913, § 4961;
C.S.1922, § 4130;
C.S.1929, § 16-659;
R.S.1943, § 16-687;
Laws 1951, c. 26, § 4, p. 119;
Laws 2016, LB704, § 146.
Annotations
After having voted bonds and constructed a waterworks system, and having failed to obtain adequate supply of water, city may contract with private company for supplemental water supply. Hevelone v. City of Beatrice, 120 Neb. 648, 234 N.W. 791 (1931).
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-688 - Water; unwholesome supply; purification system; authority to install; election; tax authorized.

16-688.
Water; unwholesome supply; purification system; authority to install; election; tax authorized.
When any city of the first class has approved bonds and constructed a system of waterworks and obtained an adequate supply of water but the water is turbid or unwholesome during the whole or a portion of the year, the mayor and city council may without having previously made an appropriation therefor, when authorized by a majority vote of the electors voting on the question, which may be submitted at either a special or a general city election, construct, purchase, or enter into a contract for the construction or purchase of and install, establish, operate, and maintain a system of settling reservoirs, a system of filters, or both, for the purpose of clarifying and purifying such water. Notice of such election shall be given by publication once each week three successive weeks prior thereto in a legal newspaper in or of general circulation in such city. The city may levy taxes on all taxable property of such city, not to exceed three and five-tenths cents on each one hundred dollars upon the taxable value thereof in any one year for the payment of the cost thereof.
Source
Laws 1907, c. 13, § 1, p. 120;
R.S.1913, § 4961;
C.S.1922, § 4130;
C.S.1929, § 16-659;
R.S.1943, § 16-688;
Laws 1951, c. 26, § 5, p. 120;
Laws 1953, c. 287, § 10, p. 934;
Laws 1979, LB 187, § 41;
Laws 1992, LB 719A, § 46;
Laws 2016, LB704, § 147.