reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-2113 - Board of directors; natural gas and water supply; powers; jurisdiction; relocation of facilities.

14-2113.
Board of directors; natural gas and water supply; powers; jurisdiction; relocation of facilities.
The board of directors of the metropolitan utilities district shall have general charge, supervision, and control of all matters pertaining to the natural gas supply and the water supply of the district for domestic, mechanical, public, and fire purposes. This shall include the general charge, supervision, and control of the design, construction, operation, maintenance, and extension or improvement of the necessary plant to supply natural gas, to develop power, and to pump water. It shall have the authority to enter upon and utilize streets, alleys, and public grounds therefor upon due notice to the proper authorities controlling same, subject to the provisions of sections 39-1361 and 39-1362, except that while any permit hereafter granted by the Department of Transportation under such provisions shall not be construed to be a contract as referred to within the provisions of section 39-1304.02, such parties may separately contract in relation to relocation of facilities and reimbursement therefor. The board shall also have the power to appropriate private property required by the district for natural gas and water service, to purchase and contract for necessary materials, labor, and supplies, and to supply water and natural gas without the district upon such terms and conditions as it may deem proper. The authority and power conferred in this section upon the board of directors shall extend as far beyond the corporate limits of the metropolitan utilities district as the board may deem necessary.
Source
Laws 1913, c. 143, § 7, p. 352;
R.S.1913, § 4249;
C.S.1922, § 3752;
C.S.1929, § 14-1008;
R.S.1943, § 14-1008;
Laws 1957, c. 20, § 2, p. 153;
Laws 1959, c. 35, § 3, p. 193;
R.S.1943, (1991), § 14-1008;
Laws 1992, LB 746, § 13;
Laws 2017, LB339, § 78.
Annotations
This and related sections designed to give metropolitan water district exclusive control of water supply within district. Dunmar Inv. Co. v. Northern Nat. Gas Co., 185 Neb. 400, 176 N.W.2d 4 (1970).
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-2114 - Utility service; rates; suspension and resumption of service; powers of board of directors.

14-2114.
Utility service; rates; suspension and resumption of service; powers of board of directors.
The board of directors of the metropolitan utilities district shall have power and authority to determine and fix all water and natural gas rates and to determine what shall be a reasonable rate for any particular service, the conditions and methods of service, and the collection of all charges for service or the sale of water or natural gas. The board of directors shall also have authority to make such rules and regulations for the conduct of the utilities controlled and operated by the metropolitan utilities district and the use and measurement of water or natural gas supplied by the district as it may deem proper, including the authority to cut off any natural gas or water service for nonpayment, for nonmaintenance of the pipes and plumbing connected with the supply main, or for noncompliance on the part of any natural gas or water user with the rules and regulations adopted by the board for the conduct of its business and affairs. The board may authorize its employees to require payments, in addition to the regular rates charged for water or natural gas, before turning on any service that has been turned off because of such nonpayment or noncompliance with the provisions of this section and the rules and regulations adopted by the board.
Source
Laws 1913, c. 143, § 8, p. 354;
R.S.1913, § 4250;
C.S.1922, § 3753;
C.S.1929, § 14-1009;
R.S.1943, § 14-1015;
Laws 1969, c. 63, § 1, p. 373;
R.S.1943, (1991), § 14-1015;
Laws 1992, LB 746, § 14;
Laws 2001, LB 177, § 3.
Annotations
Power and authority to determine what shall be a reasonable water rate is not without restrictions. Erickson v. Metropolitan Utilities Dist., 171 Neb. 654, 107 N.W.2d 324 (1961).
Officials of M.U.D. in complying with statute providing for shutting off services for nonpayment did not violate civil rights statute. Morgan v. Kennedy, 331 F.Supp 861 (D. Neb. 1971).
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-2115 - Utilities district; general powers and duties; operation of utilities separately; actions prohibited.

14-2115.
Utilities district; general powers and duties; operation of utilities separately; actions prohibited.
(1) A metropolitan utilities district shall operate and account for each of its several utilities separately and, as to each separate utility, shall possess all powers granted on behalf of that utility or on behalf of any other utility being operated by such district, or granted generally to such district, and all such powers are hereby declared to be cumulative, though separate, as to each utility, except that limitations or restrictions which by their nature or intent are applicable only to a utility of one type shall not apply to other different utilities. The financial obligations of each utility shall be separate and independent from the financial obligations of any other utility.
(2) A metropolitan utilities district shall keep all funds, accounts, and obligations relating to any one utility under its management separate and independent from the funds and accounts of each other utility under its management. The cost of any consolidated operation shall be allocated to the various utilities upon some reasonable basis which is open to investigation, comment, or protest by members of the public. Such allocation methodologies shall be determined by the board of directors and shall provide for the allocation of costs and expenses in a manner that accurately reflects the actual cost of service for each utility under the management of the board, except that for purposes of this section, the collection of sewer use fees for cities of the metropolitan class shall not be considered as a utility. The district shall have separate power to provide for the cost of operation, maintenance, depreciation, extension, construction, and improvement of any utility under its management, applying thereto standard accounting principles.
(3) A metropolitan utilities district shall not discount its water rates or connection fees to any customer in order to obtain an agreement to provide natural gas service to any customer.
(4) A metropolitan utilities district shall not delay or condition in any manner the installation of water service or other agreements related to water service to the purchase of natural gas service from the district.
(5) The Auditor of Public Accounts shall have the authority to initiate an audit or to take any action necessary to ensure compliance with this section.
Source
Laws 1921, c. 111, § 2, p. 391;
C.S.1922, § 3776;
C.S.1929, § 14-1102;
R.S.1943, § 14-1102;
Laws 1947, c. 20, § 1, p. 107;
R.S.1943, (1991), § 14-1102;
Laws 1992, LB 746, § 15;
Laws 1999, LB 78, § 1.
Annotations
Power to convey property of metropolitan water district has been transferred to the metropolitan utilities district. Lynch v. Metropolitan Utilities Dist., 192 Neb. 17, 218 N.W.2d 546 (1974).
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-2116 - Utilities district; power of eminent domain; exercise.

14-2116.
Utilities district; power of eminent domain; exercise.
(1) In addition to any other rights and powers conferred upon metropolitan utilities districts under sections 14-2101 to 14-2157, such districts shall have and may exercise the power of eminent domain for the purpose of erecting, constructing, locating, maintaining, or supplying such waterworks, gas works, or mains or the extension of any system of waterworks, water supply, gas works, or gas supply, and any such district may go beyond its territorial limits and may take, hold, or acquire rights, property, and real estate, or either or any of the same, by purchase or otherwise. Such a district may for such purposes take, hold, and condemn any and all necessary property.
(2) Any metropolitan utilities district shall have the power to condemn or to exercise the power of eminent domain to acquire parts of an existing utility's facilities only when such facilities are within, annexed to, or otherwise consolidated within the corporate boundary limits of a city of the metropolitan class. The procedure to condemn property shall be exercised in the manner set forth in sections 76-704 to 76-724. Within a municipal county, the power to condemn or to exercise the power of eminent domain for purposes of this subsection may be exercised by a metropolitan utilities district to the extent and in the manner provided by the Legislature as required by section 13-2802.
Source
Laws 1957, c. 21, § 1, p. 154;
R.S.1943, (1991), § 14-1103.02;
Laws 1992, LB 746, § 16;
Laws 2001, LB 142, § 30.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-2117 - Utilities district; extend or enlarge service area; when prohibited; filings required.

14-2117.
Utilities district; extend or enlarge service area; when prohibited; filings required.
No metropolitan utilities district may extend or enlarge its service area unless it is economically feasible to do so. In determining whether or not to extend or enlarge its service area, the district shall take into account the cost of such extension or enlargement to its existing ratepayers.
All books, records, vouchers, papers, contracts, or other data indicating the economic feasibility of such extension or enlargement shall be filed with the secretary of the board of directors of the district and shall be open to public inspection.
Source
Laws 1992, LB 746, § 17.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-2118 - Utilities district; use of streets, alleys, or public grounds; duty to repair.

14-2118.
Utilities district; use of streets, alleys, or public grounds; duty to repair.
After entering the streets, alleys, or public grounds of the district in connection with the operation, construction, and maintenance of the utility facilities, it shall be the duty of the metropolitan utilities district and the board of directors, upon the completion of any such work, to resurface and repave the streets, alleys, or public grounds and leave the streets, alleys, or public grounds in the same condition as they were before the same were utilized by the district and the board of directors for such purpose.
Source
Laws 1913, c. 143, § 7, p. 353;
R.S.1913, § 4249;
C.S.1922, § 3752;
C.S.1929, § 14-1008;
R.S.1943, § 14-1010;
R.S.1943, (1991), § 14-1010;
Laws 1992, LB 746, § 18.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-2119 - Board of directors; water or natural gas; powers over supplier.

14-2119.
Board of directors; water or natural gas; powers over supplier.
In case any portion of the metropolitan utilities district is supplied with natural gas or water for domestic, mechanical, public, or fire purposes by any individual, partnership, limited liability company, or corporation, then the board shall have the power and authority to fix rates and regulate the conditions of service and the conduct of the utility affording such supply.
Source
Laws 1913, c. 143, § 7, p. 353;
R.S.1913, § 4249;
C.S.1922, § 3752;
C.S.1929, § 14-1008;
R.S.1943, § 14-1011;
R.S.1943, (1991), § 14-1011;
Laws 1992, LB 746, § 19;
Laws 1993, LB 121, § 130.
Annotations
Section not applicable to defendant supplying steam and chilled water for purposes of heating and air conditioning. Dunmar Inv. Co. v. Northern Nat. Gas Co., 185 Neb. 400, 176 N.W.2d 4 (1970).
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-2120 - Board of directors; franchise; power to grant; election required.

14-2120.
Board of directors; franchise; power to grant; election required.
No franchise or permit for the use of streets, alleys, or other public property within the metropolitan utilities district for the laying of pipes in connection with a water or natural gas utility designed for public or private service shall be granted except by the board of directors, but no such franchise or permit shall be valid until approved by a majority vote of the registered voters of the metropolitan utilities district at a regular election, or a special election called for such purpose, and of which due notice is given in the case of the submission of a proposal to vote bonds. If the board of directors refuses upon request to grant and submit to a vote of the registered voters of the district such a franchise or permit, then upon the filing of a petition with the board of ten percent or more of the registered voters of the district requesting that the franchise or permit be submitted, it shall be the duty of the board to submit such proposition at a general election or a special election held for that purpose within sixty days of the date of filing the petition, and if a majority of the votes cast upon such proposition are in favor of granting such franchise or permit, the franchise or permit shall be deemed to be granted.
Source
Laws 1913, c. 143, § 7, p. 352;
R.S.1913, § 4249;
C.S.1922, § 3752;
C.S.1929, § 14-1008;
R.S.1943, § 14-1009;
R.S.1943, (1991), § 14-1009;
Laws 1992, LB 746, § 20.
Annotations
Defendant's use of streets in supplying steam and chilled water for purposes of heating and air conditioning did not require granting of franchise. Dunmar Inv. Co. v. Northern Nat. Gas Co., 185 Neb. 400, 176 N.W.2d 4 (1970).
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-2121 - Utilities district; contracts; bids; powers of board of directors.

14-2121.
Utilities district; contracts; bids; powers of board of directors.
The board of directors shall have authority to receive bids for all work which it may desire to have done by contract or for material and supplies to be used in connection with such work, which bids shall be received after reasonable advertisement therefor and when opened shall be read in public session. The board of directors may award contracts based upon the bids to the lowest responsible bidders, except that the board of directors may, for such reasons as appear to it good and substantial, reject all bids. The board of directors shall have power and authority to do all of such work and to purchase materials and supplies without advertising for bids and without entering into contract with any other persons or companies in relation thereto.
Source
Laws 1913, c. 143, § 9, p. 354;
R.S.1913, § 4251;
C.S.1922, § 3754;
C.S.1929, § 14-1010;
R.S.1943, § 14-1016;
R.S.1943, (1991), § 14-1016;
Laws 1992, LB 746, § 21.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-2122 - Utilities district; gas mains and service lines; extension.

14-2122.
Utilities district; gas mains and service lines; extension.
In addition to any other rights and powers conferred upon metropolitan utilities districts under sections 14-2101 to 14-2157 and Chapter 18, article 4, for the purpose of extending gas mains and service pipes, such districts shall have the power and authority to extend or enlarge gas mains and service pipes whenever it is deemed proper and economically feasible to do so in such nondiscriminatory manner as may be determined from time to time by the board of directors of such districts.
Source
Laws 1957, c. 20, § 1, p. 152;
R.S.1943, (1991), § 14-1103.01;
Laws 1992, LB 746, § 22.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-2123 - Board of directors; power to adopt rules and regulations; fix prices.

14-2123.
Board of directors; power to adopt rules and regulations; fix prices.
The board of directors of a metropolitan utilities district is hereby empowered to (1) adopt all necessary rules and regulations for the operation and conducting of the business and affairs of its natural gas and water utilities for the purpose of supplying gas for heat and power purposes for public and private use and for the purpose of supplying water for domestic, mechanical, public, and fire purposes and (2) fix the prices to be charged therefor.
Source
Laws 1919, c. 187, § 2, p. 421;
C.S.1922, § 3772;
C.S.1929, § 14-1028;
Laws 1939, c. 9, § 1, p. 74;
C.S.Supp.,1941, § 14-1028;
Laws 1943, c. 36, § 21, p. 176;
R.S.1943, § 14-1038;
Laws 1945, c. 19, § 2, p. 124;
Laws 1967, c. 46, § 2, p. 177;
R.S.1943, (1991), § 14-1038;
Laws 1992, LB 746, § 23.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-2124 - Utilities district; gas utility; rules and regulations.

14-2124.
Utilities district; gas utility; rules and regulations.
In addition to all other proper subjects for rules and regulations, the board of directors of a metropolitan utilities district may adopt rules and regulations, in the interest of public health and safety and the conservation of gas, relating to the use, installation, and maintenance of piping, equipment, and appliances for gas on the premises of consumers. Such district may adopt and promulgate rules and regulations to establish priorities for the use of gas, including the curtailment and denial of its use. All rules and regulations shall be published once in the official paper of the particular city within such district and be kept posted at the main office of the district for public inspection. When such rules and regulations are so adopted, published, and posted, they shall have the same legal force and effect as a city ordinance and be binding upon the consumers of the district as one of the conditions to their service. Nothing in this section shall be construed to prevent any qualified person or persons from installing or maintaining appliances in connection with any of the public utilities mentioned in this section.
Source
Laws 1939, c. 9, § 1, p. 75;
C.S.Supp.,1941, § 14-1028;
Laws 1943, c. 36, § 21, p. 176;
R.S.1943, § 14-1039;
Laws 1945, c. 19, § 3, p. 125;
Laws 1974, LB 599, § 1;
R.S.1943, (1991), § 14-1039;
Laws 1992, LB 746, § 24.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-2125 - Utilities district; utilization of gas or propane supplies; pipeline for transportation of gas; agreements; purpose.

14-2125.
Utilities district; utilization of gas or propane supplies; pipeline for transportation of gas; agreements; purpose.
(1) A metropolitan utilities district may enter into agreements with other companies or municipalities operating gas distribution systems and with gas pipeline companies, whether within or outside the state, for the transportation, purchase, sale, or exchange of available gas supplies or propane supplies held for peak-shaving purposes, so as to realize full utilization of available gas supplies and for the mutual benefit of the contracting parties.
(2) A metropolitan utilities district may own, construct, maintain, and operate an interstate or intrastate pipeline, whether within or outside of the district's boundaries, for purposes of securing and transporting natural gas supplies for itself or others and may enter into contractual agreements with other pipeline companies, gas distribution companies, municipalities, or political subdivisions or any other legal entity whatsoever for such purposes.
Source
Laws 1977, LB 499, § 1;
Laws 1987, LB 177, § 1;
R.S.1943, (1991), § 14-1103.03;
Laws 1992, LB 746, § 25.
Annotations
Based on the plain language of this section, there is no legal requirement to seek competitive bids before entering into a contract for interstate transmission of natural gas. Bruno v. Metropolitan Utilities Dist., 287 Neb. 551, 844 N.W.2d 50 (2014).
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-2126 - Utilities district; hydrants; location; maintenance.

14-2126.
Utilities district; hydrants; location; maintenance.
The metropolitan utilities districts shall maintain free of charge the number of hydrants heretofore established for fire protection in the streets of the municipalities constituting such districts and, in addition thereto, maintain regular fire hydrants on service mains in the streets of the municipalities not now equipped therewith and also upon service mains that may hereafter be installed in such municipalities. The board of directors may adopt such rules for the placement and maintenance of such hydrants as long as such rules do not violate any rules and regulations adopted and promulgated by the Department of Health and Human Services. Intermediate hydrants or fire hydrants placed between regular hydrants shall be installed by the district at such points as may be designated and ordered by any one of the municipalities. One-half of the cost of such intermediate hydrants, connections, and installation shall be borne by the municipality ordering the same. The district shall also lower water mains and reset hydrants at their original locations whenever necessary.
Source
Laws 1913, c. 143, § 15, p. 357;
R.S.1913, § 4257;
Laws 1919, c. 33, § 4, p. 109;
C.S.1922, § 3760;
C.S.1929, § 14-1016;
Laws 1943, c. 42, § 1, p. 186;
R.S.1943, § 14-1023;
R.S.1943, (1991), § 14-1023;
Laws 1992, LB 746, § 26;
Laws 2013, LB208, § 3.
Annotations
Cited but not discussed. R-R Realty Co. v. Metropolitan Utilities Dist., 184 Neb. 237, 166 N.W.2d 746 (1969).
Promise of water company, assumed by city purchasing waterworks, is matured by above statute, though conditions not fulfilled. Creighton Real Estate Co. v. City of Omaha, 112 Neb. 802, 204 N.W. 66 (1925).
Part of section requiring cities to pay the cost of lowering of gas and water mains is unconstitutional. Metropolitan Utilities District v. City of Omaha, 112 Neb. 93, 198 N.W. 858 (1924).
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-2127 - Utilities district; water for public use by municipalities and schools; duty to provide.

14-2127.
Utilities district; water for public use by municipalities and schools; duty to provide.
The metropolitan utilities district may, in its discretion, also afford, free of charge, water required for public use by each of the municipalities and schools within the limits of such municipalities. It shall be the duty of each of the municipalities and schools to reasonably conserve such water and to install and maintain all plumbing and services required in connection with such use in good condition and free from leaks, subject to the rules and bylaws governing water service in such district. If any flush tank maintained in connection with the sewage system of any such municipality uses more than fifty thousand gallons of water per month, as determined by meter measurement, the board of directors of the district may collect for the excess water used at the established rates maintained by the board.
Source
Laws 1913, c. 143, § 15, p. 357;
R.S.1913, § 4257;
Laws 1919, c. 33, § 4, p. 109;
C.S.1922, § 3760;
C.S.1929, § 14-1016;
Laws 1943, c. 42, § 1, p. 187;
R.S.1943, § 14-1024;
Laws 1945, c. 18, § 1, p. 122;
R.S.1943, (1991), § 14-1024;
Laws 1992, LB 746, § 27.
Annotations
Cited but not discussed. R-R Realty Co. v. Metropolitan Utilities Dist., 184 Neb. 237, 166 N.W.2d 746 (1969).
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-2128 - Utilities district; water; sale; cities and villages; authorized.

14-2128.
Utilities district; water; sale; cities and villages; authorized.
In addition to any and all powers heretofore granted to metropolitan utilities districts, any such district may, in its discretion, by authorization of its board of directors, contract to sell water for use by a waterworks and water distribution system owned and operated by a city of any class or village except a city of the metropolitan class. The water so sold shall be used for the same domestic, mechanical, public, and fire purposes as water which a metropolitan utilities district supplies the consumers served water directly by it. The rates for water so sold shall be fixed by the metropolitan utilities district, including therein a demand or capacity charge in addition to a charge for the volume of water delivered. All water so delivered shall be metered at its point of delivery. The cost of any main extensions necessary to deliver the water to the city or village contracting for such supply shall be paid by it and set forth in the contract. The term of such contract shall not exceed twenty-five years.
Source
Laws 1965, c. 79, § 1, p. 314;
R.S.1943, (1991), § 14-1111;
Laws 1992, LB 746, § 28.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-2129 - Utilities district; water; sale; cities, villages, and sanitary and improvement districts; sewer use; charges; contract; fees.

14-2129.
Utilities district; water; sale; cities, villages, and sanitary and improvement districts; sewer use; charges; contract; fees.
If a metropolitan utilities district supplies water at retail to residents of a city or village other than a city of the metropolitan class or residents of a sanitary and improvement district, whether or not such city, village, or sanitary and improvement district is within the district boundaries, such city, village, or sanitary and improvement district and metropolitan utilities district shall have power and authority to enter into a contract to obtain the use of facilities and services of the water utility of such district in order to collect from the residents supplied water by the district sewer use or rental fees or charges for other utility services for such city, village, or sanitary and improvement district in the same manner and to the same extent as is provided for such services to cities of the metropolitan class by sections 14-2134 to 14-2136. No utility service under this section shall be discontinued for nonpayment of charges for unrelated services.
Source
Laws 1972, LB 1188, § 1;
R.S.1943, (1991), § 14-1111.01;
Laws 1992, LB 746, § 29.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-2130 - Utilities district; water; sale; natural resources district; contract; uses.

14-2130.
Utilities district; water; sale; natural resources district; contract; uses.
(1) A metropolitan utilities district may contract to sell water to a natural resources district at such rates, for such charges, and upon such other terms and conditions as may be agreed upon in the contract.
(2) Such water shall be used by the natural resources district in a special improvement project supplying water for any beneficial use. With the consent of the metropolitan utilities district, such water may be used by the natural resources district in a special improvement project to supply the municipal waterworks and distribution system of a city of any class or village outside the boundaries of the metropolitan utilities district.
(3) Such municipalities are hereby empowered to contract with a natural resources district to purchase water at such rates, for such charges, and upon such terms and conditions as may be agreed upon in the contract.
Source
Laws 1975, LB 245, § 1;
R.S.1943, (1991), § 14-1111.02;
Laws 1992, LB 746, § 30.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-2131 - Utilities district; water; sale; cities and villages; contract; charges; resolution by governing body.

14-2131.
Utilities district; water; sale; cities and villages; contract; charges; resolution by governing body.
To accomplish the purposes of section 14-2128, cities of all classes and villages, except cities of the metropolitan class, shall have the power to contract with a metropolitan utilities district and pay the charges and costs in the manner provided in the contract for the purpose of maintaining an adequate supply of water for the waterworks and distribution system serving such municipality, such contract to be approved by resolution of the governing body of such municipality.
Source
Laws 1965, c. 79, § 2, p. 315;
R.S.1943, (1991), § 14-1112;
Laws 1992, LB 746, § 31.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-2132 - Utilities district; water; sale; cities and villages; sections; effect.

14-2132.
Utilities district; water; sale; cities and villages; sections; effect.
Notwithstanding any provisions of law applicable to cities, villages, and metropolitan utilities districts to the contrary, sections 14-2128 to 14-2132 shall be deemed to be an act complete within itself, to cover the entire subject to which it relates, and to be an independent act.
Source
Laws 1965, c. 79, § 3, p. 315;
R.S.1943, (1991), § 14-1113;
Laws 1992, LB 746, § 32.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-2133 - Utilities district; bills; how rendered.

14-2133.
Utilities district; bills; how rendered.
Metropolitan utilities districts in rendering bills and statements may set forth therein the net amount that shall be due without setting forth the amount of the discount, if any. When bills are so rendered, the metropolitan utilities district may collect an additional charge of not more than ten percent when bills or statements rendered are not paid at maturity, it being understood that the additional charge is not added by way of penalty but as a means of economizing in bookkeeping and in rendering bills and statements by which the items of discount are omitted therefrom.
Source
Laws 1921, c. 111, § 5, p. 391;
C.S.1922, § 3779;
C.S.1929, § 14-1105;
R.S.1943, § 14-1005;
R.S.1943, (1991), § 14-1105;
Laws 1992, LB 746, § 33.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-2134 - Utilities district; collection of other fees for city authorized; contracts authorized.

14-2134.
Utilities district; collection of other fees for city authorized; contracts authorized.
In addition to any and all powers granted to cities of the metropolitan class and metropolitan utilities districts within and serving such cities, a city of the metropolitan class may enter into a contract with the metropolitan utilities district within its area in order to obtain the use of facilities and services of the water utility of such a district and in order to collect all or any part of a sewer use or rental fee or all or any part of a garbage and refuse removal, disposal, or recycling fee which such city may lawfully be entitled to charge and collect.
Source
Laws 1959, c. 32, § 1, p. 187;
R.S.1943, (1991), § 14-1108;
Laws 1992, LB 746, § 34;
Laws 1992, LB 1257, § 64.
Annotations
This section and two succeeding sections upheld as constitutional. Metropolitan Utilities Dist. v. City of Omaha, 171 Neb. 609, 107 N.W.2d 397 (1961).
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-2135 - Utilities district; collection of sewer use fee for city; payment; discontinuance of service.

14-2135.
Utilities district; collection of sewer use fee for city; payment; discontinuance of service.
To accomplish the purposes of section 14-2134, a city of the metropolitan class is empowered to pay such metropolitan utilities district the charges for such services as set forth in the contract, and such district may discontinue water service to its customers for failure to pay the sewer rental or use fee.
Source
Laws 1959, c. 32, § 2, p. 187;
R.S.1943, (1991), § 14-1109;
Laws 1992, LB 746, § 35.
Annotations
Officials of M.U.D. in complying with statute providing for shutting off services for nonpayment did not violate civil rights statute. Morgan v. Kennedy, 331 F.Supp. 861 (D. Neb. 1971).
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-2136 - Utilities district; collection of sewer use fee for city; powers cumulative.

14-2136.
Utilities district; collection of sewer use fee for city; powers cumulative.
The powers granted in sections 14-2134 and 14-2135 to cities of the metropolitan class and metropolitan utilities districts are cumulative and not in derogation or amendment of the existing powers of each.
Source
Laws 1959, c. 32, § 3, p. 187;
R.S.1943, (1991), § 14-1110;
Laws 1992, LB 746, § 36.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-2137 - Accounts of district; audit and approval; expenditures; records; public inspection.

14-2137.
Accounts of district; audit and approval; expenditures; records; public inspection.
All accounts of the metropolitan utilities district shall be audited by the secretary and approved by a committee of the board to be styled the committee on accounts and expenditures. No money shall be appropriated out of any fund except on the recorded affirmative vote of a majority of all the members of the board. The records of the metropolitan utilities district shall be at all times subject to inspection and examination by the public during business hours.
Source
Laws 1913, c. 143, § 7, p. 353;
R.S.1913, § 4249;
C.S.1922, § 3752;
C.S.1929, § 14-1008;
R.S.1943, § 14-1013;
R.S.1943, (1991), § 14-1013;
Laws 1992, LB 746, § 37.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-2138 - Utilities district; payment to city of the metropolitan class; allocation.

14-2138.
Utilities district; payment to city of the metropolitan class; allocation.
The metropolitan utilities district shall pay to the city of the metropolitan class a sum equivalent to two percent of the annual gross revenue derived from all retail sales of water and gas sold by such district within such city, except that retail sales of gas shall not include the retail sale of natural gas used as vehicular fuel. Such sum shall be paid on a quarterly basis, the last quarterly payment to be made not later than the thirtieth day of January of the next succeeding year, except that annual payments to such city shall not be less than five hundred thousand dollars. Such city shall not levy or collect any license, occupation, or excise tax upon or from such district. All payments provided by this section shall be allocated by the district among the several utilities operated by it upon such basis as the district shall determine.
Source
Laws 1919, c. 187, § 4, p. 421;
C.S.1922, § 3774;
C.S.1929, § 14-1030;
Laws 1943, c. 36, § 23, p. 177;
R.S.1943, § 14-1041;
Laws 1945, c. 19, § 5, p. 125;
Laws 1947, c. 21, § 2, p. 112;
Laws 1961, c. 33, § 1, p. 153;
Laws 1967, c. 47, § 1, p. 179;
R.S.1943, (1991), § 14-1041;
Laws 1992, LB 746, § 38;
Laws 2014, LB867, § 4;
Laws 2019, LB476, § 1.
Annotations
Revenue from sale of water and gas by metropolitan utilities district are not taxes and section as amended by L.B. 425 (Laws 1967) is constitutional. Evans v. Metropolitan Utilities Dist., 187 Neb. 261, 188 N.W.2d 851 (1971).
Class action could not be used to test constitutionality of section. Evans v. Metropolitan Utilities Dist., 185 Neb. 464, 176 N.W.2d 679 (1970).
Cited but not discussed. Evans v. Metropolitan Utilities Dist., 184 Neb. 172, 166 N.W.2d 411 (1969).
Allocation of cost of various utilities must be on a reasonable basis. Metropolitan Utilities Dist. v. City of Omaha, 171 Neb. 609, 107 N.W.2d 397 (1961).
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-2139 - Utilities district; payment to cities or villages; allocation.

14-2139.
Utilities district; payment to cities or villages; allocation.
A metropolitan utilities district shall pay to every city or village of any class, other than metropolitan, in which such district sells water or gas, or both, at retail, a sum equivalent to two percent of the annual gross revenue derived from all retail sales of water or gas, or both, sold by such district within the city or village, except that retail sales of gas shall not include the retail sale of natural gas used as vehicular fuel. Such sums shall be paid not later than the thirtieth day of January of the next succeeding year. Such cities or villages shall not levy or collect any license, occupation, or excise tax upon or from such district. All payments provided by this section shall be allocated by the district among the several utilities operated by it upon such basis as the district shall determine.
Source
Laws 1967, c. 47, § 2, p. 179;
R.S.1943, (1991), § 14-1042;
Laws 1992, LB 746, § 39;
Laws 2014, LB867, § 5;
Laws 2019, LB476, § 2.
Annotations
Revenue from sale of water and gas by metropolitan utilities district are not taxes and section created by L.B. 425 (Laws 1967) is constitutional. Evans v. Metropolitan Utilities Dist., 187 Neb. 261, 188 N.W.2d 851 (1971).
Cited but not discussed. Evans v. Metropolitan Utilities Dist., 184 Neb. 172, 166 N.W.2d 411 (1969).
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-2141 - Utilities district; funds; management and control; power to borrow.

14-2141.
Utilities district; funds; management and control; power to borrow.
Metropolitan utilities districts may, when deemed necessary by a resolution of the board of directors, temporarily lend the funds of one utility to the fund of another utility under its control, at the current market rate of interest as determined by the board of directors. In the case of emergency, or for the purpose of short-term financing of extensions, improvements, additions, and capital investments, the district may, by resolution of its board of directors, borrow money, for a term not to exceed five years, but the amount so borrowed shall not exceed ten percent of the depreciated plant value of the utility for which such money is borrowed.
Source
Laws 1921, c. 111, § 4, p. 391;
C.S.1922, § 3778;
C.S.1929, § 14-1104;
Laws 1939, c. 9, § 3, p. 76;
Laws 1941, c. 19, § 1, p. 108;
C.S.Supp.,1941, § 14-1104;
R.S.1943, § 14-1104;
Laws 1953, c. 23, § 2, p. 97;
Laws 1967, c. 48, § 1, p. 180;
R.S.1943, (1991), § 14-1104;
Laws 1992, LB 746, § 41.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-2143 - Water fund; sources; purposes; tax; how levied.

14-2143.
Water fund; sources; purposes; tax; how levied.
The water fund shall consist of all money received on account of the water plant owned and operated by the metropolitan utilities district for water service or otherwise, including a water tax for public fire protection purposes levied by the municipal authorities of each municipality forming such metropolitan utilities district or, in the case of a sanitary and improvement district or unincorporated area forming a part of the metropolitan utilities district but outside the limits of a municipality, by the board of county commissioners of the county in which the sanitary and improvement district or unincorporated area is located. Such tax shall be levied at the same time and in the same manner as other funds provided for municipal purposes or county purposes under the provisions of the charter of such municipality or municipalities or of the general laws in the case of a county or a sanitary and improvement district. The amount of the tax shall be certified to the municipal authorities or the county commissioners, as the case may be, by the board of directors of the metropolitan utilities district in time for the annual levy of taxes in each year. The gross amount of such tax shall not exceed the sum of five and two-tenths cents on each one hundred dollars upon the taxable value of all the taxable property in such utilities district, and it shall be mandatory upon such municipal authorities or county commissioners to levy same as provided in this section.
Source
Laws 1913, c. 143, § 16, p. 358;
R.S.1913, § 4258;
Laws 1919, c. 33, § 5, p. 110;
C.S.1922, § 3761;
C.S.1929, § 14-1017;
R.S.1943, § 14-1026;
Laws 1947, c. 21, § 1, p. 112;
Laws 1953, c. 287, § 4, p. 930;
Laws 1972, LB 1272, § 1;
Laws 1979, LB 187, § 33;
R.S.1943, (1991), § 14-1026;
Laws 1992, LB 746, § 43;
Laws 1992, LB 719A, § 39.
Annotations
Levy imposed pursuant to this section is not a state levy for state purposes, therefore constitutional prohibition on property taxes for state purposes not violated. R-R Realty Co. v. Metropolitan Utilities Dist., 184 Neb. 237, 166 N.W.2d 746 (1969).
Law requiring cities to levy tax to pay hydrant rentals is constitutional. State ex rel. Metropolitan Utilities Dist. v. City of Omaha, 112 Neb. 694, 200 N.W. 871 (1924).
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-2144 - Funds of district; authorized investments.

14-2144.
Funds of district; authorized investments.
The funds of the metropolitan utilities district may be invested at the discretion of the board of directors in the warrants and bonds of the district and the municipalities constituting the district, including the warrants and bonds of the improvement districts thereof. In addition to such securities, the funds also may be invested in any securities that are legal investments for the school funds of this state.
Source
Laws 1913, c. 143, § 16, p. 359;
R.S.1913, § 4258;
Laws 1919, c. 33, § 5, p. 111;
C.S.1922, § 3761;
C.S.1929, § 14-1017;
R.S.1943, § 14-1027;
R.S.1943, (1991), § 14-1027;
Laws 1992, LB 746, § 44.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-2145 - Utilities district; annual audit; filing.

14-2145.
Utilities district; annual audit; filing.
In each metropolitan utilities district in the State of Nebraska, the board of directors shall cause the accounts of the district to be examined and audited annually. Such examination shall show (1) the gross income from all sources of the district for the previous year, (2) the gross amount of water and gas supplied in the district, (3) the amount expended during the previous year for repairs, (4) the amount expended during the previous year for new machinery, (5) the amount expended in the previous year for property purchased, (6) the amount of depreciation of the plant during the previous year, (7) the cost per thousand gallons of supplying water and per thousand cubic feet for supplying natural gas, (8) the amount collected from the sale and rent of meters, (9) the total assessment made against property for the extension of mains, (10) a detailed statement of all items of expense, (11) the number of employees, (12) the salaries paid employees, (13) the total amount of direct taxes levied by such metropolitan utilities district upon the property within the district, and (14) all other facts necessary to give an accurate and comprehensive view of the cost of maintaining and operating the plant. The audit report shall be filed with the Auditor of Public Accounts within six months after the end of the district's fiscal year.
Source
Laws 1915, c. 211, § 1, p. 470;
C.S.1922, § 3768;
C.S.1929, § 14-1024;
R.S.1943, § 14-1034;
R.S.1943, (1991), § 14-1034;
Laws 1992, LB 746, § 45;
Laws 2000, LB 692, § 3.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-2146 - Utilities district; annual audit; information; access.

14-2146.
Utilities district; annual audit; information; access.
The Auditor of Public Accounts and the person making the examination and audit pursuant to section 14-2145 shall have access to all books, records, vouchers, papers, contracts, or other data containing information on the subject in the office of the board of such metropolitan utilities district, in the office of the individual appointed in section 14-2109, or in the possession or under the control of any of the agents or employees of the district. It is hereby made the duty of all officers, agents, and employees of the district to furnish to the auditor and his or her agents and employees such information regarding the auditing of the metropolitan utilities district as may be demanded.
Source
Laws 1915, c. 211, § 2, p. 470;
C.S.1922, § 3769;
C.S.1929, § 14-1025;
R.S.1943, § 14-1035;
R.S.1943, (1991), § 14-1035;
Laws 1992, LB 746, § 46;
Laws 2000, LB 692, § 4;
Laws 2007, LB207, § 3.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-2147 - Utilities district; annual audit; reports; filing; expenses.

14-2147.
Utilities district; annual audit; reports; filing; expenses.
Upon the completion of such examination and audit, the person making the same shall file and furnish to the village or city clerk of each village or city within the district one copy of his or her report. Another copy shall be furnished to the county board of the counties in which the metropolitan utilities district is located. A copy shall also be placed on file with the individual appointed in section 14-2109. The original copy shall be filed in the office of the Auditor of Public Accounts. The cost and expense of making such audit shall be paid by the metropolitan utilities district in which such audit and examination have been made. The auditor shall make out and certify a bill for the expense of making such an audit. Upon presentation of the bill to the secretary of the board of the metropolitan utilities district, it shall be the duty of the board to allow and pay the claim. The amount thereof shall be paid to the State Treasurer.
Source
Laws 1915, c. 211, § 3, p. 471;
C.S.1922, § 3770;
C.S.1929, § 14-1026;
R.S.1943, § 14-1036;
Laws 1957, c. 21, § 2, p. 154;
R.S.1943, (1991), § 14-1036;
Laws 1992, LB 746, § 47;
Laws 2007, LB207, § 4.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-2148 - Utilities district; entry upon private property; when authorized.

14-2148.
Utilities district; entry upon private property; when authorized.
Whenever it may be deemed necessary, the board of directors of the metropolitan utilities district or its employees shall have the authority, in the discharge of their duties, to enter upon any lands or premises for the examination or survey thereof, for the purpose of repairing any water or natural gas pipe, for the purpose of inspecting any water or natural gas service or the plumbing connected with any such service, for the purpose of removing or connecting any apparatus required in connection with such service and plumbing under the rules and regulations of the board, for the purpose of reading any meter or meters attached to the service, or for any other purpose whatsoever in connection with or relating to the water or natural gas service.
Source
Laws 1913, c. 143, § 10, p. 355;
R.S.1913, § 4252;
C.S.1922, § 3755;
C.S.1929, § 14-1011;
R.S.1943, § 14-1017;
R.S.1943, (1991), § 14-1017;
Laws 1992, LB 746, § 48.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-2149 - Prohibited acts; penalty.

14-2149.
Prohibited acts; penalty.
Any person who willfully interferes with or obstructs any employee of the metropolitan utilities district in the discharge of his or her duties, who willfully tampers with or injures such water or natural gas facilities or the pipes, apparatus, or any service connected therewith, or who changes or alters the plumbing or connection between the water or gas meter and service main affording the water or natural gas supply without securing a permit as required by the rules and regulations of the board of directors shall be deemed guilty of a Class III misdemeanor.
Source
Laws 1913, c. 143, § 12, p. 355;
R.S.1913, § 4254;
C.S.1922, § 3757;
C.S.1929, § 14-1013;
R.S.1943, § 14-1019;
R.S.1943, (1991), § 14-1019;
Laws 1992, LB 746, § 49.