reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-202 - Special election; notice; vote; requirements.

14-202.
Special election; notice; vote; requirements.
The city council of a city of the metropolitan class is authorized to call, by ordinance, special elections and to submit at such elections such questions and propositions as may be authorized by law to be submitted to the electors at a special election. Unless otherwise specifically directed, it shall be sufficient to give, in the manner required by law, thirty days' notice of the time and place of holding such special election. Unless otherwise specifically designated, a majority vote of the electors voting on any proposition shall be regarded sufficient to approve or carry such proposition. The vote at such special election shall be canvassed by the authority or officer authorized to canvass the vote at the general city election and the result of such election certified or declared and certificate of election, if required, shall be issued.
Source
Laws 1921, c. 116, art. II, § 2, p. 419;
C.S.1922, § 3527;
C.S.1929, § 14-202;
R.S.1943, § 14-202;
Laws 1949, c. 16, § 1, p. 81;
Laws 1967, c. 42, § 1, p. 172;
Laws 2022, LB800, § 37.
Annotations
Requirement of sixty percent of vote to carry proposition submitted does not apply where specific statute authorizing submission requires majority only. Rasp v. City of Omaha, 113 Neb. 463, 203 N.W. 588 (1925).
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-204 - City council; candidates; qualifications; primary election; filing.

14-204.
City council; candidates; qualifications; primary election; filing.
(1) A candidate for city council member of a city of the metropolitan class shall be a registered voter and a resident of the district from which he or she seeks election and shall have been a resident in the city and district or any area annexed by the city for six months. The primary election for nomination of city council members shall be held on the first Tuesday of April preceding the date of the general city election.
(2) Any person desiring to become a candidate for city council member shall file a candidate filing form pursuant to sections 32-606 and 32-607.
Source
Laws 1921, c. 116, art. II, § 4, p. 420;
C.S.1922, § 3529;
C.S.1929, § 14-204;
R.S.1943, § 14-204;
Laws 1949, c. 16, § 2, p. 81;
Laws 1953, c. 21, § 1, p. 91;
Laws 1979, LB 80, § 3;
Laws 1979, LB 329, § 5;
Laws 1982, LB 807, § 39;
Laws 1994, LB 76, § 471;
Laws 2022, LB800, § 38.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-205 - City council; primary election; ballot; form.

14-205.
City council; primary election; ballot; form.
Notwithstanding any more general law respecting primary elections in force in this state, the official ballot to be prepared and used at the primary election under section 14-204 shall be in substantially the form provided in this section. The names of all candidates shall be placed upon the ballot without any party designation.
Candidate for Nomination for City Council Member from City Council District No. .............., of the City of ..............., at the Primary Election
Vote for only one:
.........................
(Names of candidates)
In all other respects the general character of the ballot to be used shall be the same as authorized by the Election Act.
In printing, the names shall not be arranged alphabetically but shall be rotated according to the following plan: The form shall be set up by the printer, with the names in the order in which they are placed upon the sample ballot prepared by the officer authorized to conduct the general city election. In printing the ballots for the various election districts or precincts, the position of the names shall be changed for each election district, and in making the change of position the printer shall take the line of type containing the name at the head of the form and place it at the bottom, shoving up the column so that the name that was second before the change shall be the first after the change. The primary election shall be conducted pursuant to the Election Act except as provided in section 14-204 and unless otherwise provided in the home rule charter or city code.
Source
Laws 1921, c. 116, art. II, § 5, p. 421;
C.S.1922, § 3530;
C.S.1929, § 14-205;
R.S.1943, § 14-205;
Laws 1949, c. 17, § 1, p. 83;
Laws 1979, LB 80, § 4;
Laws 1979, LB 329, § 6;
Laws 1994, LB 76, § 472;
Laws 2022, LB800, § 39.
Cross References
Election Act, see section 32-101.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-206 - City council; election; candidates; number.

14-206.
City council; election; candidates; number.
The two candidates receiving the highest number of votes in each city council district at the primary election under section 14-204 shall be the candidates and the only candidates whose names shall be placed upon the official ballot for city council members in such city council district at the general city election in such city.
Source
Laws 1921, c. 116, art. II, § 6, p. 422;
C.S.1922, § 3531;
C.S.1929, § 14-206;
R.S.1943, § 14-206;
Laws 1979, LB 80, § 5;
Laws 1979, LB 329, § 7;
Laws 1994, LB 76, § 473;
Laws 2022, LB800, § 40.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-207 - City council; general election; ballot; form; applicable law.

14-207.
City council; general election; ballot; form; applicable law.
At the general city election at which city council members are to be elected, the ballot shall be prepared in substantially the same form as provided in section 14-205, and the person receiving the highest number of votes in each of the city council districts shall be the city council member elected. The general city election shall be conducted pursuant to the Election Act unless otherwise provided in the home rule charter or city code.
Source
Laws 1921, c. 116, art. II, § 7, p. 422;
C.S.1922, § 3532;
C.S.1929, § 14-207;
R.S.1943, § 14-207;
Laws 1979, LB 80, § 6;
Laws 1979, LB 329, § 8;
Laws 1994, LB 76, § 474;
Laws 2022, LB800, § 41.
Cross References
Election Act, see section 32-101.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-208 - City council; members; bond or insurance.

14-208.
City council; members; bond or insurance.
All members of the city council of a city of the metropolitan class shall qualify and give bond or evidence of equivalent insurance in the sum of five thousand dollars.
Source
Laws 1921, c. 116, art. II, § 8, p. 423;
C.S.1922, § 3533;
C.S.1929, § 14-208;
R.S.1943, § 14-208;
Laws 1979, LB 80, § 7;
Laws 1994, LB 76, § 475;
Laws 2007, LB347, § 2.
Annotations
This section does not apply to "holdover officers", as they are governed by section 11-117. State ex rel. Shaw v. Rosewater, 79 Neb. 450, 113 N.W. 206 (1907).
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-211 - Ordinances; when effective; repeal by referendum; procedure.

14-211.
Ordinances; when effective; repeal by referendum; procedure.
(1)(a) No ordinance passed by the city council of a city of the metropolitan class, except when otherwise required by the general laws of the state, by other provisions of sections 14-201 to 14-229, or as provided in subdivision (1)(b) of this section, shall go into effect before fifteen days from the time of its final passage.
(b) An ordinance passed by the city council of a city of the metropolitan class may take effect sooner than fifteen days from the time of its final passage if the ordinance is:
(i) For the appropriation of money to pay the salary of officers or employees of the city; or
(ii) An emergency ordinance that is for the preservation of the public peace, health, or safety and that contains a statement of such emergency.
(2)(a) If during such fifteen days a petition, signed and verified as provided in this section by electors of the city equal in number to at least fifteen percent of the highest number of votes cast for any city council member at the last preceding general city election, protesting against the passage of such ordinance, shall be presented to the city council, then such ordinance shall be suspended from going into operation, and it shall be the duty of the city council to reconsider such ordinance.
(b) If such ordinance is not repealed by the city council, then the city council shall proceed to submit to the voters such ordinance at a special election to be called for such purpose or at a general city election, and such ordinance shall not go into effect or become operative unless a majority of the qualified electors voting on such ordinance shall vote in favor of the question.
(3) Such petition shall be in all respects in accordance with the provisions of section 14-212 relating to signatures, verification, inspection, and certification.
Source
Laws 1921, c. 116, art. II, § 11, p. 426;
C.S.1922, § 3536;
C.S.1929, § 14-211;
R.S.1943, § 14-211;
Laws 2022, LB800, § 43.
Annotations
Where no referendum petition is filed as prescribed herein, it appears under the express terms of the statute that no action was taken to delay the effectiveness of the ordinance. State ex rel. Andersen v. Leahy, 189 Neb. 92, 199 N.W.2d 713 (1972).
Referendum did not apply to ordinance establishing location of city auditorium. State ex rel. Ballantyne v. Leeman, 149 Neb. 847, 32 N.W.2d 918 (1948).
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-212 - Petitions; signatures; verification.

14-212.
Petitions; signatures; verification.
All petitions provided for in sections 14-204, 14-210, and 14-211 shall be signed by none but legal voters of the city and each petition shall contain, in addition to the names of the petitioners, the street and house number where the petitioner resides. The signatures to such petition need not all be appended in a single sheet, and at least one of the signatories of each sheet shall make oath before some officer, competent to administer oaths, that the statements made in any such petition are true and that the signatories were, at the time of signing such petition, legal voters of the city. He or she shall also state in the affidavit the number of signatories upon the petition, or part of such petition, sworn to or affirmed by him or her, at the time he or she makes such affidavit.
Source
Laws 1921, c. 116, art. II, § 12, p. 427;
C.S.1922, § 3537;
C.S.1929, § 14-212;
R.S.1943, § 14-212;
Laws 1984, LB 975, § 9;
Laws 2022, LB800, § 44.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-213 - City council; departments; distribution of powers; duties of officers and employees.

14-213.
City council; departments; distribution of powers; duties of officers and employees.
(1) The executive and administrative powers, authorities, and duties in a city of the metropolitan class shall be distributed among the following departments:
(a) Finance;
(b) Fire;
(c) Human Resources;
(d) Human Rights and Relations;
(e) Law;
(f) Parks, Recreation, and Public Property;
(g) Planning;
(h) Police; and
(i) Public Works.
(2) The city council shall determine the powers and duties to be exercised and performed by such departments, and assign such powers and duties accordingly. The city council may prescribe the powers and duties of all officers and employees of the city and may assign particular officers or employees to more than one of the city departments. The city council may require any officer or employee to perform duties in two or more of the departments, and may make such other rules and regulations as may be necessary or proper for the efficient and economical management of the business affairs of the city.
Source
Laws 1921, c. 116, art. II, § 13, p. 427;
C.S.1922, § 3538;
C.S.1929, § 14-213;
R.S.1943, § 14-213;
Laws 2022, LB800, § 45.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-214 - City council; powers; how exercised; officers and employees; appointment; removal.

14-214.
City council; powers; how exercised; officers and employees; appointment; removal.
The city council of a city of the metropolitan class shall possess and exercise, by itself or through such methods as the city council may provide, all executive, legislative, or judicial powers of the city, except as otherwise expressly provided by general law or sections 14-101 to 14-2004. The city council shall have the power to elect or appoint any officer and define such officer's duties, or any employee deemed necessary, and any such officer or employee elected or appointed by the city council may be removed by the city council at any time, except as otherwise provided by law.
Source
Laws 1921, c. 116, art. II, § 13 1/2, p. 428;
C.S.1922, § 3539;
C.S.1929, § 14-214;
R.S.1943, § 14-214;
Laws 2022, LB800, § 46.
Annotations
The city council of a metropolitan city may exercise executive, legislative and judicial powers. Horbach v. Butler, 135 Neb. 394, 281 N.W. 804 (1938).
Where right of removal is reserved in the appointing power, without necessity of making charges, it may be exercised in discretion of appointing power, even before expiration of term. State ex rel. Gapen v. Somers, 35 Neb. 322, 53 N.W. 146 (1892).
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-215 - City council; powers; offices, boards, employment; officers and employees; salaries.

14-215.
City council; powers; offices, boards, employment; officers and employees; salaries.
The city council of a city of the metropolitan class shall have power to:
(1) Create any office or board deemed necessary;
(2) Discontinue any employment or abolish any office at any time when, in the judgment of the city council, such employment or office is no longer necessary;
(3) Fix the salary and compensation of all city officers and employees where such salary or compensation is not fixed or established by law; and
(4) Create a board of three or more members and confer upon such board powers not required to be exercised by the city council itself. The city council may require such other officers to serve upon any such board and perform the services required of it, with or without any compensation or additional compensation for such services or additional services.
Source
Laws 1921, c. 116, art. II, § 14, p. 428;
C.S.1922, § 3540;
C.S.1929, § 14-215;
R.S.1943, § 14-215;
Laws 2022, LB800, § 47.
Annotations
Salary of an officer created by the Constitution cannot be increased or diminished during his official term. This applies to police judge. State ex rel. Gordon v. Moores, 61 Neb. 9, 84 N.W. 399 (1900).
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-216 - City council; meetings; quorum; majority vote; veto; override.

14-216.
City council; meetings; quorum; majority vote; veto; override.
The regular meetings of the city council of a city of the metropolitan class shall be held once each week upon such day and hour as the city council may designate. Special meetings of the city council may be called from time to time by the mayor or three city council members, giving notice in such manner as may be fixed or determined by ordinance or resolution. A majority of such city council shall constitute a quorum for the transaction of any business, but it shall require a majority vote of the whole city council to pass any measure or transact any business. The vote of five members of the city council shall be required to override any veto by the mayor.
Source
Laws 1921, c. 116, art. II, § 15, p. 429;
C.S.1922, § 3541;
C.S.1929, § 14-216;
R.S.1943, § 14-216;
Laws 1979, LB 80, § 9;
Laws 1979, LB 329, § 12;
Laws 2022, LB800, § 48.
Annotations
No particular form for notice of special meeting of city council is required, nor is it required that object of the meeting shall be stated in call. Call set out in opinion was sufficient. Richardson v. City of Omaha, 74 Neb. 297, 104 N.W. 172 (1905); National Life Ins. Co. v. City of Omaha, 73 Neb. 41, 102 N.W. 73 (1905).
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-217.02 - Mayor or city council members; vacancy; how filled; salaries.

14-217.02.
Mayor or city council members; vacancy; how filled; salaries.
Vacancies in the office of mayor or city council in a city of the metropolitan class shall be filled as provided in section 32-568. Salaries of the mayor and members of the city council shall be determined by ordinance.
Source
Laws 1979, LB 329, § 11;
Laws 1994, LB 76, § 476;
Laws 2022, LB800, § 49.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-218 - Mayor; general powers and duties.

14-218.
Mayor; general powers and duties.
The mayor of a city of the metropolitan class shall, in a general way, constantly investigate all public affairs concerning the interest of the city, and shall investigate and ascertain in a general way the efficiency and manner in which all departments of the city government are being conducted. The mayor shall recommend to the city council all such matters as in the mayor's judgment should receive the investigation, consideration, or action of the city council.
Source
Laws 1921, c. 116, art. II, § 17, p. 430;
C.S.1922, § 3543;
C.S.1929, § 14-218;
R.S.1943, § 14-218;
Laws 2022, LB800, § 50.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-219 - Mayor; executive powers; jurisdiction within the extraterritorial zoning jurisdiction.

14-219.
Mayor; executive powers; jurisdiction within the extraterritorial zoning jurisdiction.
The mayor of a city of the metropolitan class shall be the chief executive officer and conservator of the peace throughout the city. The mayor shall have such jurisdiction as may be vested in such office by ordinance over all places within the extraterritorial zoning jurisdiction of the city, for the enforcement of any health and quarantine ordinance or regulations.
Source
Laws 1921, c. 116, art. II, § 18, p. 430;
C.S.1922, § 3544;
C.S.1929, § 14-219;
R.S.1943, § 14-219;
Laws 1976, LB 782, § 10;
Laws 2022, LB800, § 51.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-220 - Mayor; executive, administrative powers; absence from city; notice.

14-220.
Mayor; executive, administrative powers; absence from city; notice.
The mayor of a city of the metropolitan class shall have the superintending control of all officers and affairs of the city except when otherwise provided by law. The mayor may, when deemed necessary, require any officer of the city to exhibit such officer's accounts or any other papers and to make report to the city council, in writing, touching any subject or matter the mayor may require pertaining to such office. The mayor shall, from time to time, communicate to the city council such information and recommend such measures as, in the mayor's opinion, may tend to the improvement of the finances, police, health, security, ornament, comfort, and general prosperity of the city. The mayor shall be active and vigilant in enforcing all laws and ordinances of the city and shall cause all subordinate officers to be dealt with promptly in any neglect or violation of duty. The mayor shall give written notice to the city clerk of the mayor's intended absence from the city.
Source
Laws 1921, c. 116, art. II, § 19, p. 430;
C.S.1922, § 3545;
C.S.1929, § 14-220;
R.S.1943, § 14-220;
Laws 2022, LB800, § 52.
Annotations
It is duty of mayor and chief of police to interfere for the prevention of public violation of law, such as pool room used for gambling. Moores v. State ex rel. Dunn, 71 Neb. 522, 99 N.W. 249 (1904).
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-221 - Mayor; law, ordinances; duty to enforce; cooperation with county sheriff.

14-221.
Mayor; law, ordinances; duty to enforce; cooperation with county sheriff.
It shall be the duty of the mayor of a city of the metropolitan class to:
(1) Enforce the laws of the state and the ordinances of the city;
(2) Order, direct, and enforce, through the officers of the police department, the arrest and prosecution of persons violating such laws and ordinances; and
(3) Cooperate with and assist the county sheriff in suppressing riots and mobs and in the arrest and prosecution of persons charged with crimes.
Source
Laws 1921, c. 116, art. II, § 20, p. 430;
C.S.1922, § 3546;
C.S.1929, § 14-221;
R.S.1943, § 14-221;
Laws 2022, LB800, § 53.
Annotations
Mayor is required to assist sheriff of county in certain cases. Barton v. City of Omaha, 180 Neb. 752, 145 N.W.2d 444 (1966).
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-224 - City council, officers, employees; receipt or solicitation of gifts; violations; penalty.

14-224.
City council, officers, employees; receipt or solicitation of gifts; violations; penalty.
The mayor and city council members and all other officers, agents, and employees of a city of the metropolitan class are prohibited from soliciting or receiving, directly or indirectly, for any purpose whatsoever, any contribution of money or supplies of whatsoever kind, or any valuable or special privilege at the hands of any city contractor, or his or her agents, or from any franchised municipal corporation. Such conduct shall constitute malfeasance in office. No officer, appointee, agent, or employee shall directly or indirectly solicit or receive any gift or contribution of money or supplies, or any valuable service, from any appointee, agent, or employee of such city, for the benefit of the person asking for such gift or contribution or for the benefit of another. A violation of this section is a Class III misdemeanor.
Source
Laws 1921, c. 116, art. II, § 22, p. 431;
C.S.1922, § 3548;
C.S.1929, § 14-223;
R.S.1943, § 14-224;
Laws 1979, LB 80, § 13;
Laws 2022, LB800, § 54.
Annotations
This section condemns the action of the city official and not the donor to a fund with which the city may acquire by gift real estate for establishing parks and playgrounds. Ash v. City of Omaha, 152 Neb. 393, 41 N.W.2d 386 (1950).
This section condemns the act of the city official, and not the purpose of the donor. Reid v. City of Omaha, 150 Neb. 286, 34 N.W.2d 375 (1948).
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-225 - City council, officers, employees; solicitation of political support; persons, corporations furnishing same; violations; penalties.

14-225.
City council, officers, employees; solicitation of political support; persons, corporations furnishing same; violations; penalties.
No officer or agent of a city of the metropolitan class shall solicit, directly or indirectly, the political support of any contractor, municipal franchised corporation, or railway company, or the officials or agents of such companies, for any municipal election or for any other election held in the city. No franchised corporation or railway company, through its agents or officials or by any other means, shall furnish or appropriate any money, directly or indirectly, to promote the success or defeat of any person in any election held in such city or to promote or prevent the appointment or confirmation of any appointive officer of such city. A violation of any of this section on the part of any officer or agent of the city shall be deemed malfeasance in office, and upon conviction of such violation such officer shall be removed from office by the order of the court and fined in any sum not to exceed five hundred dollars. A violation of this section on the part of any franchised corporation through its officials or agents, upon conviction by any court of competent jurisdiction, shall subject such corporation to forfeiture of its franchise and the imposition of a fine of not exceeding five hundred dollars upon every officer or agent of such company who shall have been proved guilty of such violation.
Source
Laws 1921, c. 116, art. II, § 23, p. 431;
C.S.1922, § 3549;
C.S.1929, § 14-224;
R.S.1943, § 14-225;
Laws 2022, LB800, § 55.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-226 - City council, officers, employees; extortion; soliciting bribe; violations; penalty.

14-226.
City council, officers, employees; extortion; soliciting bribe; violations; penalty.
(1) An officer or agent of a city of the metropolitan class shall not:
(a) Make a demand for money or other consideration of a franchised corporation or public contractor, or such corporation's or contractor's agents, with a threat to introduce or support a measure, or vote for or propose a resolution or ordinance, adverse to their interests, if such demand be not complied with; or
(b) Offer to prepare or introduce or support a resolution or ordinance favorable to such company or contractor for valuable consideration.
(2) A violation of this section shall be deemed a malfeasance in office, and upon conviction such offender shall be fined in any sum not exceeding five hundred dollars, and such officer shall be removed from office by direction of the court.
Source
Laws 1921, c. 116, art. II, § 23, p. 432;
C.S.1922, § 3549;
C.S.1929, § 14-224;
R.S.1943, § 14-226;
Laws 2022, LB800, § 56.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-227 - Fines, penalties, and forfeitures; collection; duty to pay to city treasurer; violation; penalty; duty of comptroller to audit.

14-227.
Fines, penalties, and forfeitures; collection; duty to pay to city treasurer; violation; penalty; duty of comptroller to audit.
(1) Unless otherwise provided by law, when an officer or agent of a city of the metropolitan class collects a fine, penalty, or forfeiture imposed for a violation of city ordinance or for a misdemeanor violation of state law committed within the city, such officer or agent shall remit such fine, penalty, or forfeiture to the city treasurer no later than thirty days after collection of such fine, penalty, or forfeiture or within ten days after being requested to do so by the mayor.
(2) A violation of this section is a Class II misdemeanor. Upon conviction, such officer or agent shall be guilty of malfeasance in office and shall be removed from office.
(3) The city comptroller shall audit the accounts of all such officers and agents at least once each month and approve or disapprove their reports.
Source
Laws 1921, c. 116, art. II, § 24, p. 432;
C.S.1922, § 3550;
C.S.1929, § 14-225;
R.S.1943, § 14-227;
Laws 2022, LB800, § 57.
Annotations
The disposition of forfeited cash bail bonds is controlled by the Constitution and not this section. School Dist. of Omaha v. City of Omaha, 175 Neb. 21, 120 N.W.2d 267 (1963).
This section did not control disposition of fines, penalties, and license money under general laws of the state. School Dist. No. 54 v. School Dist. of Omaha, 171 Neb. 769, 107 N.W.2d 744 (1961).
In charging violation of this section, the time elapsing during which failure to pay over existed, is material and must be stated. Grier v. State, 81 Neb. 129, 115 N.W. 551 (1908).
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-228 - Officers; reports at expiration of term; requirements.

14-228.
Officers; reports at expiration of term; requirements.
It shall be the duty of all officers of a city of the metropolitan class at the expiration of their terms of office to prepare written detailed abstracts of all books, documents, tools, implements, and materials of every kind belonging to the city in their trust and care, and to certify as members of such boards to the correctness of such books, documents, tools, implements, and materials. Such certified abstracts shall be delivered to the mayor, who shall file one copy each for record with the city clerk, and with the heads of the respective departments.
Source
Laws 1921, c. 116, art. II, § 25, p. 433;
C.S.1922, § 3551;
C.S.1929, § 14-226;
R.S.1943, § 14-228;
Laws 2022, LB800, § 58.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-229 - Officers, employees; exercise of political influence; violations; penalty.

14-229.
Officers, employees; exercise of political influence; violations; penalty.
Any officer or employee of a city of the metropolitan class who, by solicitation or otherwise, shall influence directly or indirectly any other officers or employees of such city to adopt such person's political views shall be guilty of a Class IIIA misdemeanor.
Source
Laws 1921, c. 116, art. II, § 26, p. 433;
C.S.1922, § 3552;
C.S.1929, § 14-227;
R.S.1943, § 14-229;
Laws 2022, LB800, § 59.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-230 - City council; mayor; candidate; public officeholder not disqualified from candidacy.

14-230.
City council; mayor; candidate; public officeholder not disqualified from candidacy.
The Legislature, recognizing the importance to the entire State of Nebraska of sound and stable government in cities of the metropolitan class, hereby declares that the qualifications for candidacy for the office of mayor and city council member of such cities, whether any such city is governed by a home rule charter or not, are matters of general statewide concern. The provisions of any ordinance or home rule charter of any such city to the contrary notwithstanding, no person shall be disqualified from candidacy for the office of mayor or city council member of any such city because of the fact that such person holds any other public office, either elective or appointive, except any office subordinate to the mayor and city council of such city, and no holder of any such other office shall be required to resign such other office in order to become and remain a candidate for the office of mayor or city council member of any such city.
Source
Laws 1965, c. 162, § 1, p. 513;
Laws 1979, LB 80, § 14;
Laws 2022, LB800, § 60.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-360 - Sewerage and drainage; regulations; creation of districts; powers of city; territory outside corporate limits.

14-360.
Sewerage and drainage; regulations; creation of districts; powers of city; territory outside corporate limits.
(1) Except as provided in subsection (2) of this section, a city of the metropolitan class shall have the power to:
(a) Lay out the city, or parts thereof, or portions of the extraterritorial zoning jurisdiction of the city, into suitable districts for the purpose of establishing a system of sewerage and drainage;
(b) Provide such system and regulate the construction and repair and use of sewers and drains, the reconstruction of sewers in any district or part of such district, and all proper house construction and branches;
(c) Provide penalties for any obstruction of, or injury to, any sewer or part of such sewer; and
(d) Require and compel sewer connections to be made.
(2) The city shall not create a district outside the corporate limits of such city when the district includes land already included within a sanitary and improvement district without the consent of the trustees of such district.
Source
Laws 1921, c. 116, art. III, § 51, p. 455;
C.S.1922, § 3604;
C.S.1929, § 14-352;
R.S.1943, § 14-360;
Laws 1959, c. 30, § 1, p. 183;
Laws 2022, LB800, § 61.
Annotations
City has power to create a sewerage district and construct therein a sewerage system, but the exercise of such power is discretionary. Wilson v. City of Omaha, 138 Neb. 13, 291 N.W. 732 (1940).
City is authorized but is not required to construct storm sewers. Adams v. City of Omaha, 119 Neb. 753, 230 N.W. 680 (1930).
City may create new district within larger one and assess cost on abutting owners according to special benefits derived therefrom, and party seeking to enjoin collection of assessment must show injury by said division. Shannon v. City of Omaha, 73 Neb. 507, 103 N.W. 53 (1905), affirmed on rehearing 73 Neb. 514, 106 N.W. 592 (1906).
Unless finding of board shows that benefits are equal as to all lots within sewerage district, levy according to frontage is void. John v. Connell, 64 Neb. 233, 89 N.W. 806 (1902).
City cannot include property not specially benefited thereby in sewerage district and levy assessment on it for cost of sewer. Hanscom v. City of Omaha, 11 Neb. 37, 7 N.W. 739 (1881).
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-361 - Sewerage and drainage; connections; city may require; notice to property owners; construction by city; assessment of cost.

14-361.
Sewerage and drainage; connections; city may require; notice to property owners; construction by city; assessment of cost.
Whenever sewer connections for sewerage or drainage may be deemed necessary or advisable, whether within the corporate limits or within the extraterritorial zoning jurisdiction of a city of the metropolitan class, the property owners shall be given thirty days from the publication of the ordinance ordering such improvements and connections to make such improvements and connections in conformity with approved plans to be kept on file by the city. The publication of such ordinance ordering such connections in the official newspaper shall be the only notice required to be given such property owners. Upon the failure or neglect of the property owners to construct such connections within the time fixed, the city shall cause such work to be done and shall contract for such construction with the lowest responsible bidder. The cost of construction, including superintendence and inspection, shall be assessed against the property to which such connections have been made as a special assessment.
Source
Laws 1921, c. 116, art. III, § 52, p. 455;
C.S.1922, § 3605;
C.S.1929, § 14-353;
R.S.1943, § 14-361;
Laws 1959, c. 30, § 2, p. 184;
Laws 2022, LB800, § 62.
Annotations
Person filing protest against special assessments before time fixed in notice for meeting of board thereby waives all defects in notice. Shannon v. City of Omaha, 73 Neb. 507, 103 N.W. 53 (1905), affirmed on rehearing 73 Neb. 514, 106 N.W. 592 (1906).
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-362 - Sewerage and drainage; connections; permit required; assessment of cost; conditions.

14-362.
Sewerage and drainage; connections; permit required; assessment of cost; conditions.
A city of the metropolitan class shall require the issuance of a permit to connect with any sewer on any street, alley, or private property within the corporate limits or within the extraterritorial zoning jurisdiction of such city and shall require the sewer assessment on the abutting property to be paid before such permit is issued, except that if such assessment is being paid in installments as provided by law, the city shall require delinquent and current installments to be paid before such permit is issued. In case the cost of the sewer has not been assessed, or such assessment has been declared invalid by any court of competent jurisdiction, the city shall require the payment of the pro rata share of the cost of such sewer before such permit is issued.
Source
Laws 1921, c. 116, art. III, § 53, p. 455;
C.S.1922, § 3605;
C.S.1929, § 14-354;
R.S.1943, § 14-362;
Laws 1959, c. 31, § 1, p. 186;
Laws 2022, LB800, § 63.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-363 - Street sprinkling or armor-coating districts; creation; contracts; bids; special assessments; collection.

14-363.
Street sprinkling or armor-coating districts; creation; contracts; bids; special assessments; collection.
The city council of a city of the metropolitan class may provide for the sprinkling or armor coating of the streets of the city and, for the purpose of accomplishing such work, may by ordinance create suitable districts to be designated sprinkling or armor-coating districts and may order and direct the work, including preparatory grading, to be done upon any or all of the streets in such districts. The work shall be done upon contract in writing let upon advertisement to the lowest responsible bidder. Such advertisement shall specify the district or districts proposed to be so worked, specifically describing such district or districts, and bids shall be made and contracts let with reference to such district or districts so specified. For the purpose of paying the cost of the work contemplated and contracted for, the city council may levy and assess the cost upon all lots, lands, and real estate in such district, such tax or assessment to be equal and uniform upon all front footage or property within or abutting upon the streets within the district so created. The assessment shall be a lien upon all such lots, lands, and real estate and shall be enforced and collected as a special assessment.
Source
Laws 1921, c. 116, art. III, § 54, p. 456;
C.S.1922, § 3607;
C.S.1929, § 14-355;
R.S.1943, § 14-363;
Laws 1991, LB 745, § 1;
Laws 2015, LB361, § 2;
Laws 2022, LB800, § 64.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-364 - Paving repair plant; establishment; cost of operation; payment.

14-364.
Paving repair plant; establishment; cost of operation; payment.
The city council of a city of the metropolitan class may establish and maintain a paving repair plant and may pave or repair paving. The cost of such repairs may be paid from the funds of the city or may be assessed upon the abutting property, except that the cost may be assessed against abutting property only following the creation of a paving repair or repaving district established and assessed as a special assessment in the same manner provided for a sprinkling or armor-coating district by section 14-363. The assessable paving repairs shall be only those made with asphaltic concrete on streets in previously developed areas which were not constructed to city permanent design standards.
Source
Laws 1921, c. 116, art. III, § 55, p. 456;
C.S.1922, § 3608;
C.S.1929, § 14-356;
R.S.1943, § 14-364;
Laws 1991, LB 745, § 2;
Laws 2015, LB361, § 3;
Laws 2022, LB800, § 65.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-365 - Public contractors; bonds required.

14-365.
Public contractors; bonds required.
All persons who contract with a city of the metropolitan class for work to be done, or material or supplies to be furnished, shall give bond to the city, with not less than two sureties in an amount not less than fifty percent of the amount of the contract price, for the faithful performance of such work. The sureties on the bonds shall be resident property owners of the county within which the city is located and shall certify under oath that they are worth double the amount for which they may sign the bond, over and above all debts, liabilities, obligations, and exemptions. The city council may also accept security from one or more reliable sureties or guaranty companies for the same amount.
Source
Laws 1921, c. 116, art. III, § 56, p. 456;
C.S.1922, § 3609;
C.S.1929, § 14-357;
R.S.1943, § 14-365;
Laws 2022, LB800, § 66.
Annotations
Right to recover on bond does not depend upon questions of negligence of city or contractor, but under terms of bond, upon whether city has suffered a damage because of excavations made by contractor. Omaha Gas Co. v. City of South Omaha, 71 Neb. 115, 98 N.W. 437 (1904).
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-365.01 - Sewerage systems and sewage disposal plants; construction; operation; territorial limits; tax authorized.

14-365.01.
Sewerage systems and sewage disposal plants; construction; operation; territorial limits; tax authorized.
(1) Any city of the metropolitan class is hereby authorized to:
(a) Own, construct, equip, and operate either within or without the corporate limits of such city a sewerage system, including any storm sewer system, and plant or plants for the treatment, purification, and disposal in a sanitary manner of the liquid and solid wastes and sewage of the area; and
(b) Extend or improve any existing sewerage system, including any storm sewer system.
(2) The city shall have the authority to acquire by gift, grant, purchase, or condemnation necessary lands for such sewerage system either within or without the corporate limits of the city.
(3) For the purpose of carrying out the powers set forth in this section, a city of the metropolitan class is also authorized and empowered to make a special levy each year of not to exceed three and five-tenths cents on each one hundred dollars upon the taxable value of all the taxable property in such city, as well as all taxable property within the extraterritorial zoning jurisdiction of such city, which property is within a district established under section 14-360, subject to sections 14-365.12 and 14-365.13. The proceeds of such tax shall be used for any of the purposes enumerated in this section and for no other purpose.
Source
Laws 1953, c. 24, § 1, p. 99;
Laws 1959, c. 30, § 3, p. 184;
Laws 1979, LB 187, § 29;
Laws 1992, LB 719A, § 34;
Laws 2022, LB800, § 67.
Annotations
The application of this entire act is discussed with reference to a lease-purchase agreement relating to financing a waste disposal plant. Cosentino v. City of Omaha, 186 Neb. 407, 183 N.W.2d 475 (1971).
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-365.02 - Sewerage systems and sewage disposal plants; revenue bonds.

14-365.02.
Sewerage systems and sewage disposal plants; revenue bonds.
For the purpose of owning, operating, constructing, and equipping a sewage disposal plant or sewerage system, including any storm sewer system, or improving or extending such existing system, as provided in section 14-365.01, a city of the metropolitan class may issue revenue bonds. Such revenue bonds as provided in this section shall not impose any general liability upon the city but shall be secured only on the property and revenue, as provided in section 14-365.04, of such utility including a franchise stating the terms upon which, in case of foreclosure, the purchaser may operate the system. Such franchise shall in no case extend for a longer period than twenty years from the date of the sale of such franchise on foreclosure. Such revenue bonds shall be sold for not less than par. The amount of such revenue bonds, either issued or outstanding, shall not be included in computing the maximum amount of bonds which such city may be authorized to issue under its home rule charter or any state statute.
Source
Laws 1953, c. 24, § 2, p. 99;
Laws 1969, c. 51, § 17, p. 283;
Laws 2022, LB800, § 68.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-365.03 - Sewerage systems and sewage disposal plants; rules and regulations; rates or charges; collection; special assessments.

14-365.03.
Sewerage systems and sewage disposal plants; rules and regulations; rates or charges; collection; special assessments.
(1) The city council of a city of the metropolitan class may make all necessary rules and regulations governing the use, operation, and control of a sewerage system established under section 14-365.01. The city council may establish just and equitable rates or charges to be paid to the city for the use of such sewage disposal plant and sewerage system by the owner of the property served or by the person, firm, or corporation using the services.
(2) If any service rate or charge so established is not paid when due, such sum may be:
(a) Recovered by the city in a civil action;
(b) Certified to the city treasurer, assessed against the premises served, and collected or returned in the same manner as other municipal taxes are certified, assessed, collected, and returned; or
(c) Assessed against the premises served in the same manner as special taxes or assessments are assessed by such city and be certified, enforced, collected, and returned as other special taxes or assessments of such city.
Source
Laws 1953, c. 24, § 3, p. 100;
Laws 1959, c. 32, § 4, p. 187;
Laws 1961, c. 30, § 2, p. 147;
Laws 1965, c. 38, § 1, p. 230;
Laws 2022, LB800, § 69.
Annotations
Sewer use charge is not a special assessment; a city has authority to make necessary rules and regulations including a reasonable processing charge on delinquent accounts. Rutherford v. City of Omaha, 183 Neb. 398, 160 N.W.2d 223 (1968).
Metropolitan utilities district may establish just and equitable rates for use of sewer system. 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 › 14-365.04 - Sewerage systems and sewage disposal plants; revenue bonds; payment.

14-365.04.
Sewerage systems and sewage disposal plants; revenue bonds; payment.
Bonds which are issued and secured by a mortgage on the utility, as provided in section 14-365.02, shall not be a general obligation of the city, but shall be paid only out of the revenue received from the service charges, as provided in section 14-365.03, or from a sale of the property and the franchise, referred to in section 14-365.02, to operate the system, under a foreclosure proceeding. If a service rate or charge is charged, such portion of such rate or charge as may be deemed sufficient shall be set aside as a sinking fund for the payment of the interest on such bonds and the principal of such bonds at maturity.
Source
Laws 1953, c. 24, § 4, p. 100;
Laws 2022, LB800, § 70.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-365.05 - Sewerage systems and sewage disposal plants; franchises; power to grant; service; payment.

14-365.05.
Sewerage systems and sewage disposal plants; franchises; power to grant; service; payment.
For the purpose of providing for a sewage disposal plant and sewerage system, including any storm sewer system, or improving or extending such existing system, as provided in section 14-365.01, any city of the metropolitan class may also enter into a contract with any corporation organized under or authorized by the laws of this state to engage in such business, to receive and treat, in the manner provided in sections 14-365.01 to 14-365.13, the sewage of such system, and to construct and provide the facilities and services as provided in sections 14-365.01 to 14-365.13. Such contract may also authorize the corporation to charge the owners of the premises served such a service rate therefor as the city council may determine to be just and reasonable. The city may contract to pay such corporation a flat rate for such service, and pay such rate out of its general fund or the proceeds of any tax levy applicable to the purposes of such contract, or assess the owners of the property served a reasonable charge for such services to be collected, as provided in section 14-365.03, and paid into a fund to be used to defray such contract charges.
Source
Laws 1953, c. 24, § 5, p. 100;
Laws 2022, LB800, § 71.
Annotations
A lease-purchase agreement relating to financing of a waste disposal plant and authorized by this section is not a franchise that violates section 14-811. Cosentino v. City of Omaha, 186 Neb. 407, 183 N.W.2d 475 (1971).
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-365.06 - Sewerage systems and sewage disposal plants; general obligation bonds; interest; power to issue.

14-365.06.
Sewerage systems and sewage disposal plants; general obligation bonds; interest; power to issue.
For the purpose of owning, operating, constructing, and equipping a sewage disposal plant and sewerage system, including any storm sewer system, or improving or extending such existing system, as provided in section 14-365.01, or for the purpose stated in sections 14-365.01 to 14-365.05, any city of the metropolitan class is also authorized to issue and sell general obligation bonds of such city upon compliance with section 14-365.07. Such bonds shall not be sold or exchanged for less than the par value of such bonds and shall bear interest payable semiannually. The city council shall have the power to determine the denominations of such bonds, and the date, time, and manner of payment.
Source
Laws 1953, c. 24, § 6, p. 101;
Laws 1969, c. 51, § 18, p. 283;
Laws 2022, LB800, § 72.