reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-842.01 - Claims; appeal and actions by city; bond not required.

15-842.01.
Claims; appeal and actions by city; bond not required.
No bond for costs, appeal, supersedeas, injunction, or attachment shall be required of any city of the primary class or of any officer, board, commission, head of any department, agent, or employee of any such city in any proceeding or court action in which such city or officer, board, commission, head of department, agent, or employee is a party litigant in its, his, or her official capacity.
Source
Laws 1963, c. 52, § 1, p. 231;
Laws 2020, LB1003, § 150.
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-844 - Property belonging to city; exempt from taxation; when.

15-844.
Property belonging to city; exempt from taxation; when.
Land, buildings, money, debts due the city, real and personal property, and assets of every kind and description belonging to any city of the primary class shall be exempt from execution liens and sales and shall be exempt from taxation to the extent used for a public purpose. Judgments against a city of the primary class shall be paid out of the judgment fund or out of a special fund created for that purpose.
Source
Laws 1963, c. 53, § 1, p. 232;
Laws 1988, LB 798, § 1;
Laws 2001, LB 173, § 14.
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-845 - Deposit of city funds; conditions.

15-845.
Deposit of city funds; conditions.
The city treasurer of a city of the primary class shall deposit and at all times keep on deposit for safekeeping in banks, capital stock financial institutions, qualifying mutual financial institutions, or any of such banks or institutions doing business in such city of approved and responsible standing all money collected, received, or held by him or her as city treasurer. Any such bank, capital stock financial institution, or qualifying mutual financial institution located in the city may apply for the privilege of keeping such money or any part thereof upon the following conditions: (1) All such deposits shall be subject to payment when demanded by the city treasurer; and (2) such deposits shall be subject to all regulations imposed by law or adopted by the city for the receiving and holding thereof. The fact that a stockholder, director, or other officer of such bank, capital stock financial institution, or qualifying mutual financial institution shall also be serving as mayor, as a member of the city council, or as any other officer of such city shall not disqualify such bank, capital stock financial institution, or qualifying mutual financial institution from acting as a depository for such municipal funds. Section 77-2366 shall apply to deposits in capital stock financial institutions. Section 77-2365.01 shall apply to deposits in qualifying mutual financial institutions.
Source
Laws 1963, c. 54, § 1, p. 232;
Laws 1987, LB 440, § 2;
Laws 1989, LB 33, § 13;
Laws 1996, LB 1274, § 14;
Laws 2001, LB 362, § 14;
Laws 2020, LB1003, § 151.
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-846 - Deposit of funds; bond required; conditions.

15-846.
Deposit of funds; bond required; conditions.
For the security of the funds deposited as provided in section 15-845 the city treasurer shall require each depository to give bond for the safekeeping and payment of such deposits and the accretions to the deposit, which bond shall run to the city and be approved by the city attorney for form and legality. Such bond shall be conditioned that such a depository shall, at the end of every quarter, render to the treasurer a statement in duplicate showing the several daily balances, the amount of money of the city held by it during the quarter, the amount of the accretion to the deposit, and how credited. The bond shall also be conditioned that the depository shall pay such deposit and the accretion when demanded by the city treasurer at any time, perform as required by sections 15-845 to 15-847, and faithfully discharge the trust reposed in such depository. Such bond shall be as nearly as practicable in the form provided in section 77-2304. No person in any way connected with any depository as officer or stockholder shall be accepted as a surety on any bond given by the depository of which he or she is an officer or stockholder. Such bond shall be deposited with the city clerk. Section 77-2366 shall apply to deposits in capital stock financial institutions. Section 77-2365.01 shall apply to deposits in qualifying mutual financial institutions.
Source
Laws 1963, c. 54, § 2, p. 233;
Laws 1987, LB 440, § 3;
Laws 1989, LB 33, § 14;
Laws 1995, LB 384, § 13;
Laws 2001, LB 362, § 15.
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-847 - Deposit of city funds; security in lieu of bond.

15-847.
Deposit of city funds; security in lieu of bond.
In lieu of the bond required by section 15-846, any bank, capital stock financial institution, or qualifying mutual financial institution making application to become a depository may give security as provided in the Public Funds Deposit Security Act to the city treasurer. The penal sum of such bond or the sum of such security may be reduced in the amount of such deposit insured or guaranteed by the Federal Deposit Insurance Corporation. Section 77-2366 shall apply to deposits in capital stock financial institutions. Section 77-2365.01 shall apply to deposits in qualifying mutual financial institutions.
Source
Laws 1963, c. 54, § 3, p. 233;
Laws 1987, LB 440, § 4;
Laws 1989, LB 33, § 15;
Laws 1989, LB 377, § 9;
Laws 1992, LB 757, § 15;
Laws 1995, LB 384, § 14;
Laws 1996, LB 1274, § 15;
Laws 2001, LB 362, § 16;
Laws 2009, LB259, § 5.
Cross References
Public Funds Deposit Security Act, see section 77-2386.
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-848 - Deposit of city funds; limitations; city treasurer liability.

15-848.
Deposit of city funds; limitations; city treasurer liability.
The city treasurer of a city of the primary class shall not have on deposit in any bank, capital stock financial institution, or qualifying mutual financial institution at any time more than the maximum amount of the bond given by such bank, capital stock financial institution, or qualifying mutual financial institution if the bank, capital stock financial institution, or qualifying mutual financial institution gives a surety bond, nor in any bank, capital stock financial institution, or qualifying mutual financial institution giving a personal bond, more than one-half of the amount of the bond of such bank, capital stock financial institution, or qualifying mutual financial institution. The amount on deposit plus accretions at any time with any such bank, capital stock financial institution, or qualifying mutual financial institution shall not in either case exceed the paid-up capital stock and surplus of such bank, capital stock financial institution, or qualifying mutual financial institution. The city treasurer shall not be liable for any loss sustained by reason of the failure of any such bonded depository whose bond shall have been duly approved by the city attorney as provided by section 15-846 or which has, in lieu of a surety bond, given security as provided by section 15-847. Section 77-2366 shall apply to deposits in capital stock financial institutions. Section 77-2365.01 shall apply to deposits in qualifying mutual financial institutions.
Source
Laws 1963, c. 54, § 4, p. 234;
Laws 1987, LB 440, § 5;
Laws 1989, LB 33, § 16;
Laws 1995, LB 384, § 15;
Laws 1996, LB 1274, § 16;
Laws 2001, LB 362, § 17;
Laws 2020, LB1003, § 152.
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-849 - City funds; additional investments authorized.

15-849.
City funds; additional investments authorized.
The city treasurer may purchase certificates of deposit from and make time deposits in banks, capital stock financial institutions, or qualifying mutual financial institutions selected as depositories of city funds pursuant to sections 15-846 to 15-848. The certificates of deposit purchased and time deposits made shall bear interest and shall be secured as prescribed in such sections. The penal sum of such bond or the sum of such security shall be reduced in the amount of the time deposit or certificate of deposit insured or guaranteed by the Federal Deposit Insurance Corporation. Section 77-2366 shall apply to deposits in capital stock financial institutions. Section 77-2365.01 shall apply to deposits in qualifying mutual financial institutions.
Source
Laws 1987, LB 440, § 6;
Laws 1989, LB 33, § 17;
Laws 1992, LB 757, § 16;
Laws 1996, LB 1274, § 17;
Laws 2001, LB 362, § 18;
Laws 2009, LB259, § 6.
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-850 - Municipal bidding procedure; waiver; when.

15-850.
Municipal bidding procedure; waiver; when.
Notwithstanding any charter or statutory provisions or restrictions, any municipal bidding procedure may be waived by the city council of a city of the primary class when required to comply with any federal grant, loan, or program.
Source
Laws 2011, LB335, § 2.
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-905 - Building regulations; zoning; powers granted.

15-905.
Building regulations; zoning; powers granted.
Every city of the primary class may regulate in the area which is within the corporate limits of the city or within its extraterritorial zoning jurisdiction, except as to construction on farms for farm purposes, (1) the minimum standards of construction of buildings, dwellings, and other structures in order to provide safe and sound condition thereof for the preservation of health, safety, security, and general welfare, which standards may include regulations as to electric wiring, heating, plumbing, pipefitting, sewer connections, ventilation, size of habitable rooms, and the method of constructing buildings, dwellings, and other structures, and to provide for inspection thereof and building permits and fees for such permits, (2) the removal and tearing down of buildings, dwellings, and other structures in such areas which constitute nuisances because of the dilapidated, unsafe, or rundown condition or conditions, and (3) except as to the United States of America, the State of Nebraska, a county, or a village, in the extraterritorial zoning jurisdiction of the city of the primary class, the nature, kind, and manner of constructing streets, alleys, sidewalks, curbing or abridging curbs, driveway approaches constructed on or to public right-of-way, and sewage disposal facilities. Any building or construction code implemented under this section shall be adopted and enforced as provided in section 71-6406.
Source
Laws 1963, c. 57, § 3, p. 240;
Laws 1965, c. 40, § 2, p. 233;
Laws 2013, LB88, § 1;
Laws 2016, LB704, § 2;
Laws 2020, LB1003, § 155.
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-1012 - Firemen; existing system; rights retained.

15-1012.
Firemen; existing system; rights retained.
Notwithstanding any other language in Laws 1947, c. 23, sections 1 to 22, it is specifically provided that the provisions of article 2, Chapter 35, in effect for firemen of cities of the primary class on September 7, 1947, at variance with the provisions of Laws 1947, c. 23, sections 1 to 22, shall be controlling and supersede the provisions of Laws 1947, c. 23, sections 1 to 22, as to all persons who were members of such fire department on such date and the widows and children of all such members.
Source
Laws 1947, c. 23, § 18, p. 122.
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-1017 - Pension funds; investment; report.

15-1017.
Pension funds; investment; report.
(1) A city of the primary class which has a city pension and retirement plan or fund, or a city fire and police pension plan or fund, or both, may provide by ordinance as authorized by its home rule charter, and not prohibited by the Constitution of Nebraska, for the investment of any plan or fund, and such city may provide that (a) the city shall place in trust any part of such plan or fund, (b) the city shall place in trust any part of any such plan or fund with a corporate trustee in Nebraska, or (c) the city shall purchase any part of any such plan from a life insurance company licensed to do business in the State of Nebraska. The powers conferred by this section shall be independent of and in addition and supplemental to any other provisions of the laws of the State of Nebraska with reference to the matters covered hereby, and this section shall be considered as a complete and independent act and not as amendatory of or limited by any other provision of the laws of the State of Nebraska.
(2)(a) Beginning December 31, 2018, and each December 31 thereafter, for a defined benefit plan, the city clerk of a city of the primary class or his or her designee shall prepare and electronically file an annual report with the Auditor of Public Accounts and the Nebraska Retirement Systems Committee of the Legislature. If such retirement plan is a defined benefit plan which was open to new members on January 1, 2004, the report shall be in addition to the reports required by section 13-2402. The report shall be on a form prescribed by the Auditor of Public Accounts and shall include, but not be limited to, the following information:
(i) The levels of benefits of participants in the plan, the number of members who are eligible for a benefit, the total present value of such members' benefits, and the funding sources which will pay for such benefits; and
(ii) A copy of a full actuarial analysis of each such defined benefit plan. The analysis shall be prepared by an independent private organization or public entity employing actuaries who are members in good standing of the American Academy of Actuaries, and which organization or entity has demonstrated expertise to perform this type of analysis and is unrelated to any organization which offers investment advice or provides investment management services to the retirement plan.
(b) The Auditor of Public Accounts may prepare a review of such report pursuant to section 84-304.02 but is not required to do so. If the city council does not submit a copy of the report to the Auditor of Public Accounts within six months after the end of the plan year, the Auditor of Public Accounts may audit, or cause to be audited, the city. All costs of the audit shall be paid by the city.
Source
Laws 1967, c. 52, § 1, p. 188;
Laws 1998, LB 1191, § 17;
Laws 1999, LB 795, § 6;
Laws 2011, LB474, § 6;
Laws 2014, LB759, § 7;
Laws 2017, LB415, § 6;
Laws 2020, LB1003, § 156.
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-1026 - Fire and police pension fund; authorized; tax levy; authorized.

15-1026.
Fire and police pension fund; authorized; tax levy; authorized.
Any city of the primary class may establish a fire and police pension fund. Such city may anticipate its liability for future pension payments on an actuarial basis and, in order to equalize the tax burden over a period of years, may levy and collect taxes in each fiscal year sufficient to meet current needs and equalize the future payments. The tax so levied and collected, together with contributions made by firefighters and police officers, shall be credited to the fund. Any unexpended balance remaining in the fund at the close of the fiscal year shall be reappropriated for the ensuing year. Pension payments required by law shall be a general obligation of the city and may be made out of, but not limited to, the fund.
Source
Laws 1987, LB 408, § 9;
Laws 1996, LB 1114, § 27;
Laws 2000, LB 1116, § 15.
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-1027 - Pension or benefits; existing system; rights retained.

15-1027.
Pension or benefits; existing system; rights retained.
Nothing in sections 15-1001.01, 15-1007.02, 15-1007.05, 15-1013.02, and 15-1022 to 15-1026, the repeal of any sections in Chapter 15, article 10, or the unilateral action of any city of the primary class shall in any manner diminish the right of any person receiving or entitled to receive, now or in the future, pension or other benefits provided for in Chapter 15, article 10, as the sections of such article existed immediately prior to the repeal of any such sections, to receive such pension or other benefits in all respects the same as if such repealed sections remained in full force and effect.
Source
Laws 1987, LB 408, § 10.
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-1101 - Planning department; commission; planning director; employees.

15-1101.
Planning department; commission; planning director; employees.
In any city of the primary class there shall be created a planning department, which shall consist of a city planning commission, a planning director, and such subordinate employees as are required to administer the planning program as provided in sections 15-1101 to 15-1106. The planning director shall serve as the secretary of the city planning commission and as the administrative head of the planning department.
Source
Laws 1959, c. 46, § 1, p. 228;
Laws 2020, LB1003, § 157.
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-1103 - Planning director; prepare comprehensive plan; review by commission; city council; adopt or amend plan; notice to military installation.

15-1103.
Planning director; prepare comprehensive plan; review by commission; city council; adopt or amend plan; notice to military installation.
The planning director of a city of the primary class shall be responsible for preparing the comprehensive plan and amendments and extensions thereto and for submitting such plans and modifications to the city planning commission for its consideration and action. The planning commission shall review such plans and modifications and those which the city council may suggest and, after holding at least one public hearing on each proposed action, shall provide its recommendations to the city council within a reasonable period of time. The city council shall review the recommendations of the planning commission and, after at least one public hearing on each proposed action, shall adopt or reject such plans as submitted, except that the city council may, by an affirmative vote of at least five members of the city council, adopt a plan or amendments to the proposed plan different from that recommended by the planning commission.
When such city is considering the adoption or amendment of a zoning ordinance or the approval of the platting or replatting of any development of real estate, the planning director shall notify any military installation which is located within the corporate boundary limits or the extraterritorial zoning jurisdiction of the city if the city has received a written request for such notification from the military installation. The planning director shall deliver the notification to the military installation at least ten days prior to the meeting of the planning commission at which the proposal is to be considered.
Source
Laws 1959, c. 46, § 3, p. 230;
Laws 1975, LB 111, § 2;
Laws 2010, LB279, § 2;
Laws 2020, LB1003, § 159.
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-1104 - Ordinance or resolution; submit to planning department; report.

15-1104.
Ordinance or resolution; submit to planning department; report.
No ordinance or resolution which deals with the acquisition, extension, widening, narrowing, removal, vacation, abandonment, sale, or other change relating to any public way, transportation route, ground, open space, building or structure, or other public improvement of a character included in the comprehensive plan of a city of the primary class, the subject matter of which has not been reported on by the planning department under section 15-1103, shall be adopted by the city council until such ordinance or resolution shall first have been referred to the planning department and that department has reported regarding conformity of the proposed action with the comprehensive plan. The planning department's report shall specify the character and degree of conformity or nonconformity of each proposed action to the comprehensive plan, and a report in writing thereon shall be rendered to the city council within thirty days after the date of receipt of the referral unless a longer period is granted by the city council. If the planning department fails to render any such report within the allotted time, the approval of the department may be presumed by the city council.
Source
Laws 1959, c. 46, § 4, p. 230;
Laws 2020, LB1003, § 160.
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-1105 - Planning director; duties; commission; hearings.

15-1105.
Planning director; duties; commission; hearings.
The planning director of a city of the primary class shall be responsible for preparing any proposed zoning ordinance and for submitting such ordinance to the city planning commission for its consideration and action. The planning commission shall review the proposed zoning ordinance and, after holding at least one public hearing on each proposed action, shall approve or reject it in whole or in part and with or without modifications. When approved by the planning commission, the proposed zoning ordinance shall be submitted to the city council for its consideration, and such zoning ordinance shall become effective when adopted by the city council. The city council may amend, supplement, or otherwise modify the zoning ordinance. Any such proposed amendment, supplement, or modification shall first be submitted to the planning commission for its recommendations and report. The planning commission shall hold at least one public hearing on such proposed amendment, supplement, or modification, before submitting its recommendations and report. After the recommendations and report of the planning commission have been filed, the city council shall, before enacting any proposed amendment, supplement, or modification, hold a public hearing on such proposed amendment, supplement, or modification. Notice of the time and place of such hearings shall be given by publication thereof in a legal newspaper in or of general circulation in the city at least one time at least five days before the date of hearing. Notice with reference to proposed amendments, supplements, or modifications of the zoning ordinance shall also be posted in a conspicuous place on or near the property upon which the action is pending. Such notice shall be easily visible from the street and shall be posted at least five days before the hearing.
Source
Laws 1959, c. 46, § 5, p. 231;
Laws 2020, LB1003, § 161.
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-1106 - Board of zoning appeals; powers; appeals; variances.

15-1106.
Board of zoning appeals; powers; appeals; variances.
There may be created a board of zoning appeals of a city of the primary class comprised of five members appointed by the mayor and confirmed by the city council, which board shall have power to hear and decide appeals from any decision or order of the building inspector or other officers charged with the enforcement of zoning ordinances in those cases when it is alleged that such decision or order is in error. The board shall also have power to decide upon petitions for variances and, subject to such standards and procedures as the city council may provide in zoning ordinances, to vary the strict application of sign regulations or height, area, parking, or density requirements to the extent necessary to permit the owner a reasonable use of his or her land in those specific instances when there are peculiar, exceptional, and unusual circumstances in connection with a specific parcel of land, which circumstances are not generally found within the locality or neighborhood concerned. The board may also have such related duties as the mayor or city council may assign. The city council may provide for appeals from a decision of the board.
Source
Laws 1959, c. 46, § 6, p. 231;
Laws 1961, c. 35, § 5, p. 159;
Laws 1987, LB 317, § 1;
Laws 2020, LB1003, § 162.
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-1201 - Appeals; exception.

15-1201.
Appeals; exception.
Any person or persons, jointly or severally aggrieved by any final administrative or judicial order or decision of the board of zoning appeals, the board of equalization, the city council, or any officer, department, or board of a city of the primary class, shall, except as provided for claims in sections 15-840 to 15-842.01, appeal from such order or decision to the district court in the manner provided in sections 15-1201 to 15-1205.
Source
Laws 1969, c. 65, § 1, p. 377;
Laws 2020, LB1003, § 163.
Annotations
This section applies only where the various bodies controlled thereby act judicially or quasi-judicially. Quasi-judicial decisions by various organs of a city are reviewable in both the trial and appellate courts. Whitehead Oil Co. v. City of Lincoln, 245 Neb. 660, 515 N.W.2d 390 (1994).
That municipal code decision shall be final and binding upon appointing authority in collective-bargaining agreement means definitive act of official or agency is binding until and unless set aside by judicial review. City of Lincoln v. Soukup, 215 Neb. 732, 340 N.W.2d 420 (1983).
The enactment of a zoning ordinance by a municipal governing body is an exercise of legislative authority from which no direct appeal lies. This statute applies only where the bodies mentioned therein act judicially or quasi-judicially. An increase in business competition is not sufficient to confer standing to challenge a change of zone. Copple v. City of Lincoln, 210 Neb. 504, 315 N.W.2d 628 (1982).
On appeal of a final decision of a city council, only the subject matter in question may be appealed, not collateral issues beyond the scope of the particular decision. Cather & Sons Constr., Inc. v. City of Lincoln, 200 Neb. 510, 264 N.W.2d 413 (1978).
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-1203 - City clerk; duties.

15-1203.
City clerk; duties.
(1) Except as provided in subsection (2) of this section, the city clerk, on payment to him or her of the costs of the transcript, shall transmit within fifteen days to the clerk of the district court the docket fee and a certified and complete transcript of the proceedings of the city relating to the order or decision appealed as provided in section 15-1201. After receipt of such fee and transcript, the clerk of the district court shall file the appeal.
(2) If the appellant files an affidavit alleging that he or she is indigent pursuant to section 15-1202, the city clerk shall transmit within fifteen days to the clerk of the district court a certified and complete transcript of the proceedings of the city relating to the order or decision appealed. After receipt of the transcript, the clerk of the district court shall file the appeal.
Source
Laws 1969, c. 65, § 3, p. 378;
Laws 1983, LB 52, § 4;
Laws 1988, LB 352, § 18;
Laws 2009, LB441, § 3;
Laws 2018, LB193, § 2;
Laws 2020, LB1003, § 165.
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-1204 - Petition on appeal; time for filing; indigency.

15-1204.
Petition on appeal; time for filing; indigency.
(1) The party appealing an order or decision as provided in section 15-1201 shall file a petition within thirty days after the date the transcript is filed in the district court.
(2) Except as provided in subsection (3) of this section, satisfaction of the requirements of subsections (1) and (2) of section 15-1202 and subsection (1) of this section shall perfect the appeal and give the district court jurisdiction of the matter appealed.
(3) Indigency shall be determined by the district court having jurisdiction of the appeal upon motion of the appellant before the court considers any other matter relating to the appeal. The court shall make a reasonable inquiry to determine the appellant's financial condition and shall consider such factors as the appellant's income, the availability to the appellant of other resources, including real and personal property, bank accounts, social security benefits, and unemployment or other benefits, the appellant's normal living expenses, the appellant's outstanding debts, the number and age of the appellant's dependents, and other relevant circumstances. If the appellant is deemed to be indigent, the satisfaction of the requirements of subsections (1) and (3) of section 15-1202 and subsection (1) of this section shall perfect the appeal and give the district court jurisdiction of the matter appealed.
Source
Laws 1969, c. 65, § 4, p. 378;
Laws 1983, LB 52, § 5;
Laws 1988, LB 352, § 19;
Laws 2009, LB441, § 4;
Laws 2020, LB1003, § 166.
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-1205 - District court; hearing; order; appeal.

15-1205.
District court; hearing; order; appeal.
The district court shall hear the appeal under sections 15-1201 to 15-1205 as in equity and without a jury and determine anew all questions raised before the city. The court may reverse or affirm, wholly or partly, or may modify the order or decision brought up for review. Either party may appeal from the decision of the district court to the Court of Appeals.
Source
Laws 1969, c. 65, § 5, p. 378;
Laws 1991, LB 732, § 19;
Laws 2020, LB1003, § 167.
Annotations
This section does not limit review to illegality, but provides that appeals from various organs of a city of the primary class shall be considered as in equity. Thus, such decisions are quasi-judicial in nature and reviewable under section 15-1201 as in equity in both the trial and appellate courts. Moulton v. Board of Zoning Appeals, 251 Neb. 95, 555 N.W.2d 39 (1996).
On appeal from an order of the municipal human rights commission, the district court found the evidence insufficient to establish any unlawful employment discrimination by the employer. American Stores v. Jordan, 213 Neb. 213, 328 N.W.2d 756 (1982).
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-1301 - Terms, defined.

15-1301.
Terms, defined.
As used in sections 15-1301 to 15-1307, unless the context otherwise requires:
(1) City shall mean any city of the primary class;
(2) Federal government shall mean the United States of America, or any agency or instrumentality, corporate or otherwise, of the United States of America; and
(3) Community development activity shall mean any activity authorized in the Community Development Law, construction of community facilities, conservation and rehabilitation of property, neighborhood development, code enforcement, and all of the jurisdiction and authority granted a housing authority under Chapter 71, article 15.
Source
Laws 1974, LB 825, § 1;
Laws 2018, LB874, § 2.
Cross References
Community Development Law, see section 18-2101.
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-1302 - Community development agency; powers.

15-1302.
Community development agency; powers.
A city which has a community development agency as authorized by law is hereby granted power and authority to:
(1) Do all community development activities;
(2) Do all things necessary to cooperate with the federal government in all matters relating to community development activities as a grantee, or as agent or otherwise; and
(3) Exercise the jurisdiction and authority granted under Chapter 71, article 15, acting independently, concurrently or by assisting or cooperating with any existing housing authority within the territorial jurisdiction of the city.
Source
Laws 1974, LB 825, § 2.
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-1303 - Citizen participation.

15-1303.
Citizen participation.
Whenever a city proposes to exercise the power conferred in sections 15-1301 to 15-1307, the city shall certify that it has afforded adequate opportunity for citizen participation in the development of the annual application and has provided for the meaningful involvement of the residents of areas in which community development activities are to be concentrated in the planning and execution of these activities, including the provision of adequate information and resources.
Source
Laws 1974, LB 825, § 3.
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-1304 - Power to levy taxes and issue bonds and notes.

15-1304.
Power to levy taxes and issue bonds and notes.
Whenever the city exercises the power conferred in sections 15-1301 to 15-1307, it shall have the power to levy taxes for the exercise of such jurisdiction and authority, and it shall also have the power to issue general obligation bonds, general obligation notes, revenue bonds and revenue notes including general obligation and revenue refunding bonds and notes for a community development activity under the power granted to any authority described or as otherwise authorized by home rule charter or state law.
Source
Laws 1974, LB 825, § 4.
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-1305 - City jurisdiction and authority; concurrent with and independent of housing authority; report; contents.

15-1305.
City jurisdiction and authority; concurrent with and independent of housing authority; report; contents.
Whenever a city of the primary class exercises the jurisdiction and authority granted in sections 15-1301 to 15-1307 with respect to Chapter 71, article 15, the city shall have the jurisdiction and authority concurrent with and independent of any existing housing authority for such purposes within the city and its area of jurisdiction. In
order to coordinate the actions of the local housing authority and the community development agency, the local housing authority shall submit to the city council of such city, prior to the date it submits its annual budget request to the federal government, a complete report of its activities during the past calendar year and a complete description of its proposed actions for the coming calendar year. Such report shall include the number of units added to or removed from the authority's programs, the number of families housed by the authority, the number applying who were not housed and the reasons for their not being housed, the sources and amounts of all funds spent or to be spent and the amounts available for use in its housing programs that have not been used, and the policies of the authority on eligibility, admissions, occupancy, termination of tenancies, and grievance procedures. Such report shall be made available to the public upon the delivery of the report to the city council and shall be subject to public hearing prior to its formal acceptance by the city council.
Source
Laws 1974, LB 825, § 5;
Laws 2020, LB1003, § 168.
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-1306 - Acquisition of property; procedure.

15-1306.
Acquisition of property; procedure.
Whenever any city shall exercise the jurisdiction and authority granted in sections 15-1301 to 15-1307 it shall comply with Chapter 76, article 12, regarding the acquisition of property for publicly financed projects.
Source
Laws 1974, LB 825, § 6.
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-1307 - Sections; supplementary.

15-1307.
Sections; supplementary.
The provisions of sections 15-1301 to 15-1307 are supplementary to existing laws relating to cities of the primary class and confer upon such cities powers not heretofore granted.
Source
Laws 1974, LB 825, § 7.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-101 - Cities of the first class, defined; population required.

16-101.
Cities of the first class, defined; population required.
All cities having more than five thousand and not more than one hundred thousand inhabitants as determined by the most recent federal decennial census or the most recent revised certified count by the United States Bureau of the Census shall be known as cities of the first class. The population of a city of the first class shall consist of the people residing within the territorial boundaries of such city and the residents of any territory duly and properly annexed to such city.
Source
Laws 1901, c. 18, § 1, p. 226;
R.S.1913, § 4804;
C.S.1922, § 3972;
C.S.1929, § 16-101;
R.S.1943, § 16-101;
Laws 1965, c. 85, § 3, p. 328;
Laws 1993, LB 726, § 5;
Laws 2017, LB113, § 9.
Annotations
Where the population of city of first class as shown by the last ten-year United States census drops below population of a city of such classification, it becomes automatically a city of second class. State ex rel. Cashman v. Carmean, 138 Neb. 819, 295 N.W. 801 (1941).
A city of the first class that adopts a "home rule" charter is a creature of law, and its corporate acts are governed by this chapter. Falldorf v. City of Grand Island, 138 Neb. 212, 292 N.W. 598 (1940).
Provisions of the charter for a city of the first class appear in this chapter. City of Fremont v. Lea, 115 Neb. 565, 213 N.W. 820 (1927).
Classification of cities is constitutional. State ex rel. Jones v. Graham, 16 Neb. 74, 19 N.W. 470 (1884).
City is estopped to defend against waterworks bonds in hands of innocent purchasers where such bonds reflect city certified in bond that they were legally issued, it having plenary power so to do, though the bonds cited the wrong statutory section as authority therefor. City of Beatrice v. Edminson, 117 F. 427 (8th Cir. 1902).
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-102 - City of the second class; attainment of required population; incorporation as city of the first class.

16-102.
City of the second class; attainment of required population; incorporation as city of the first class.
Whenever any city of the second class attains a population of more than five thousand inhabitants as provided by section 16-101, the mayor of such city shall certify such fact to the Secretary of State who upon the filing of such certificate shall by proclamation declare such city to be a city of the first class. Upon such proclamation being made by the Secretary of State, every officer of such city shall, within thirty days thereafter, qualify and give bond as provided by sections 16-219, 16-304, and 16-318.
Source
Laws 1901, c. 18, § 2, p. 227;
R.S.1913, § 4805;
C.S.1922, § 3973;
C.S.1929, § 16-102;
R.S.1943, § 16-102;
Laws 1984, LB 1119, § 1;
Laws 2016, LB704, § 3.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-103 - Reorganization as city of the first class; transitional provisions.

16-103.
Reorganization as city of the first class; transitional provisions.
(1) After the proclamation under section 16-102, the city shall be governed by the laws of this state applicable to cities of the first class, except that the government of such city shall continue as organized at the date of such proclamation until the reorganization as a city of the first class.
(2) The mayor and city council members of the city of the second class shall be deemed to be the mayor and city council members of the city of the first class on the date the proclamation is issued. All ordinances, bylaws, acts, rules, regulations, obligations, and proclamations existing and in force in or with respect to the city of the second class at the time of its incorporation as a city of the first class shall remain in full force and effect after such incorporation until repealed or modified by the city within one year after the date of the filing of the certificate pursuant to section 16-102.
(3) For the purpose of electing city officials under the provisions of law relating to cities of the first class, the terms of office for such officials shall be established by the city council so as to conform with the intent and purpose of section 32-534.
Source
Laws 1901, c. 18, § 3, p. 227;
R.S.1913, § 4806;
C.S.1922, § 3974;
C.S.1929, § 16-103;
R.S.1943, § 16-103;
Laws 1984, LB 1119, § 2;
Laws 1990, LB 957, § 1;
Laws 1994, LB 76, § 482;
Laws 2016, LB704, § 4.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-104 - Wards; election districts; staggering of terms; procedure.

16-104.
Wards; election districts; staggering of terms; procedure.
If a city of the second class becomes a city of the first class, the mayor and city council shall divide the city into not less than three wards, as compact in form and equal in population as may be, the boundaries of which shall be defined by ordinance, to take effect at the next annual city election after reorganization except as provided in section 32-553. Each ward shall constitute an election district, except that when any ward has over five hundred legal voters, the mayor and city council may divide such ward into two or more election districts. If it is necessary to establish the staggering of terms by nominating and electing council members for terms of different durations at the same elections, the candidates receiving the greatest number of votes shall be nominated and have their names placed on the general election ballot.
Source
Laws 1901, c. 18, § 9, p. 231;
R.S.1913, § 4807;
C.S.1922, § 3975;
C.S.1929, § 16-104;
R.S.1943, § 16-104;
Laws 1980, LB 629, § 1;
Laws 1983, LB 308, § 1;
Laws 1990, LB 957, § 2;
Laws 1994, LB 76, § 483;
Laws 2002, LB 970, § 1;
Laws 2016, LB704, § 5.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-105 - Wards; election precincts.

16-105.
Wards; election precincts.
Precinct lines in any part of any county not under township organization, embraced within the corporate limits of a city of the first class, shall correspond with the ward lines of the city, and such precinct shall correspond in number with the ward of the city and be coextensive with the ward. When a ward is divided into election districts, the precinct corresponding with such ward shall be divided so as to correspond with the election districts.
Source
Laws 1901, c. 18, § 10, p. 231;
R.S.1913, § 4808;
C.S.1922, § 3976;
C.S.1929, § 16-105;
R.S.1943, § 16-105;
Laws 1972, LB 1032, § 101;
Laws 2016, LB704, § 6.
Annotations
Provision to substitute municipal courts, in justice of peace districts, is unconstitutional. State ex rel. Woolsey v. Morgan, 138 Neb. 635, 294 N.W. 436 (1940).
Under prior act, county boards could exercise only such powers as were expressly conferred and could not include several wards of a city, with the land adjoining, in one precinct. Morton v. Carlin, 51 Neb. 202, 70 N.W. 966 (1897).
A decision in a former suit, prosecuted years after the bonds were sold, in which suit, neither the purchaser nor his privy were parties, deciding that the precinct issuing them was illegally organized, and that the bonds were void, is not controlling authority, in a suit to collect on such bonds, where the proper authorities at the time of the issuance, certified such bonds were legally issued. Clapp v. Otoe County, 104 F. 473 (8th Cir. 1900).
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-115 - Corporate name and seal; service of process.

16-115.
Corporate name and seal; service of process.
The corporate name of each city of the first class shall be the City of ......................, and all process whatever affecting any such city shall be served in the manner provided for service of a summons in a civil action. The city shall procure and keep a seal with such emblem and device as it may think proper. Such seal may be either an engraved or ink stamp seal. It shall have included thereon the City of ................, together with date of incorporation, which shall be the seal of the city, and no other seal shall be used by the city. The impression or representation of the seal by stamp shall be sufficient sealing in all cases where sealing is required. An impression or representation of such seal shall be filed in the office of the Secretary of State, together with a resolution of the city council that the same has been duly adopted and is the seal of such city.
Source
Laws 1901, c. 18, § 122, p. 305;
R.S.1913, § 4815;
C.S.1922, § 3983;
C.S.1929, § 16-112;
R.S.1943, § 16-115;
Laws 1983, LB 447, § 5;
Laws 2019, LB194, § 1.
Annotations
Provisions for service of process on city officers as herein provided must yield to section 48-813 where jurisdiction of Court of Industrial Relations is invoked. Communication Workers of America, AFL-CIO v. City of Hastings, 198 Neb. 668, 254 N.W.2d 695 (1977).
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-116 - Incorporation as city of the first class; applicability of existing law.

16-116.
Incorporation as city of the first class; applicability of existing law.
All ordinances, bylaws, acts, regulations, rules and proclamations, existing and in force in any city at the time of its incorporation as a city of the first class, shall remain in full force and effect after such incorporation until the same are repealed or modified by such city.
Source
Laws 1901, c. 18, § 122, p. 305;
R.S.1913, § 4815;
C.S.1922, § 3983;
C.S.1929, § 16-112;
R.S.1943, § 16-116.
Annotations
Natural gas ordinance of second-class city remained in force at time it became a first-class city. Nebraska Natural Gas Co. v. City of Lexington, 167 Neb. 413, 93 N.W.2d 179 (1958).
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-119 - Annexation; extraterritorial property use; continuation.

16-119.
Annexation; extraterritorial property use; continuation.
Any extraterritorial zoning regulations, property use regulations, or other laws, codes, rules, or regulations imposed upon any annexed lands by a city of the first class before such annexation shall continue in full force and effect until otherwise changed.
Source
Laws 1967, c. 64, § 3, p. 214;
Laws 2016, LB704, § 8;
Laws 2019, LB194, § 3.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-120 - Annexation; inhabitants; services; when.

16-120.
Annexation; inhabitants; services; when.
The inhabitants of territories annexed by a city of the first class shall receive substantially the services of other inhabitants of such city as soon as practicable. Adequate plans and necessary city council action to furnish such services shall be adopted not later than one year after the date of annexation, and such inhabitants shall be subject to the ordinances and regulations of such city, except that the one-year period shall be tolled pending final court decision in any court action to contest such annexation.
Source
Laws 1967, c. 64, § 4, p. 214;
Laws 1989, LB 421, § 2;
Laws 2016, LB704, § 9.
Annotations
This section requires a city to furnish city services to newly annexed areas within 1 year after annexation. In re Application of City of Grand Island, 247 Neb. 446, 527 N.W.2d 864 (1995).
Requirement of this section that benefits of annexation be furnished as soon as practicable after annexation meets requirements of due process. Plumfield Nurseries, Inc. v. Dodge County, 184 Neb. 346, 167 N.W.2d 560 (1969).
Where not impossible for city to provide services within one year, action contesting annexation on ground of such alleged inability was premature. United States v. City of Bellevue, 334 F.Supp. 881 (D. Neb. 1971).