reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-319 - City attorney; duties; compensation; additional legal assistance.

16-319.
City attorney; duties; compensation; additional legal assistance.
The city attorney of a city of the first class shall be the legal advisor of the city council and other city officers. The city attorney shall commence, prosecute, and defend all suits and actions necessary to be commenced, prosecuted, or defended on behalf of the city, or that may be ordered by the city council. He or she shall attend meetings of the city council and give them his or her opinion upon any matters submitted to him or her, either orally or in writing as may be required. The mayor and city council shall have the right to pay the city attorney additional compensation for legal services performed by him or her for the city or to employ additional legal assistance and to pay for such legal assistance out of the funds of the city. Whenever the mayor and city council have by ordinance so authorized, the board of public works shall have the right to pay the city attorney additional compensation for legal services performed by him or her for it or to employ additional legal assistance other than the city attorney and pay such legal assistance out of funds disbursed under the orders of the board of public works.
Source
Laws 1901, c. 18, § 27, p. 237;
R.S.1913, § 4885;
C.S.1922, § 4053;
C.S.1929, § 16-315;
R.S.1943, § 16-319;
Laws 1947, c. 26, § 1, p. 127;
Laws 1955, c. 30, § 1, p. 136;
Laws 2016, LB704, § 61;
Laws 2019, LB194, § 13.
Annotations
City attorney is appointive officer and not principal officer; may be removed at any time by mayor with approval of majority of city council; and has no statutory power to make governmental decisions which affect the city. Communication Workers of America, AFL-CIO v. City of Hastings, 198 Neb. 668, 254 N.W.2d 695 (1977).
Where city attorney joined in resisting action to recover funds, demand to bring action was not required. Arthur v. Trindel, 168 Neb. 429, 96 N.W.2d 208 (1959).
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-320 - City engineer; duties.

16-320.
City engineer; duties.
The city engineer of a city of the first class shall make a record of the minutes of his or her surveys and of all work done for the city, including sewers, extension of water systems and heating systems, electric light and sewerage systems, and power plants, and accurately make such plats, sections, profiles, and maps as may be necessary in the prosecution of any public work, which shall be public records and belong to the city and be turned over to his or her successor.
Source
Laws 1901, c. 18, § 28, p. 237;
R.S.1913, § 4886;
C.S.1922, § 4054;
C.S.1929, § 16-316;
R.S.1943, § 16-320;
Laws 2016, LB704, § 62;
Laws 2019, LB194, § 14.
Annotations
Appointment of a board of public works is entirely optional. State ex rel. City of Grand Island v. Union Pacific R. R. Co., 152 Neb. 772, 42 N.W.2d 867 (1950).
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-321.01 - Municipal bidding procedure; waiver; when.

16-321.01.
Municipal bidding procedure; waiver; when.
Any municipal bidding procedure may be waived by the city council or board of public works of a city of the first class (1) when materials or equipment are purchased at the same price and from the same seller as materials or equipment which have formerly been obtained pursuant to the state bidding procedure in sections 81-145 to 81-162, (2) when the contract is negotiated directly with a sheltered workshop pursuant to section 48-1503, or (3) when required to comply with any federal grant, loan, or program.
Source
Laws 1997, LB 238, § 2;
Laws 2011, LB335, § 3;
Laws 2019, LB194, § 16.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-322 - Special engineer; when employed.

16-322.
Special engineer; when employed.
The mayor and city council of a city of the first class may, whenever they deem it expedient, employ a special engineer to make or assist in making any particular estimate or survey, and any estimate or survey made by such special engineer shall have the same validity and serve in all respects as though the same had been made by the city engineer.
Source
Laws 1901, c. 18, § 98, p. 297;
R.S.1913, § 4888;
C.S.1922, § 4056;
C.S.1929, § 16-318;
R.S.1943, § 16-322;
Laws 2016, LB704, § 64;
Laws 2019, LB194, § 17.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-323 - Chief of police; police officers; powers and duties.

16-323.
Chief of police; police officers; powers and duties.
The chief of police of a city of the first class shall have the immediate superintendence of the police. He or she and the police officers shall have the power and the duty to arrest all offenders against the laws of the state or of the city, by day or by night, in the same manner as a county sheriff and to keep such offenders in the city prison or other place to prevent their escape until a trial or examination may be had before the proper officer. The chief of police and police officers shall have the same power as the county sheriff in relation to all criminal matters arising out of a violation of a city ordinance and all process issued by the county court in connection with a violation of a city ordinance.
Source
Laws 1901, c. 18, § 30, p. 238;
R.S.1913, § 4889;
C.S.1922, § 4057;
C.S.1929, § 16-319;
R.S.1943, § 16-323;
Laws 1972, LB 1032, § 103;
Laws 1979, LB 80, § 26;
Laws 1988, LB 1030, § 4;
Laws 2016, LB704, § 65;
Laws 2019, LB194, § 18.
Cross References
Ticket quota requirements, prohibited, see section 48-235.
Annotations
Cited but not discussed. Frederickson v. Albertsen, 183 Neb. 494, 161 N.W.2d 712 (1968).
One can infer from this section that police officers may, under proper circumstances, exercise their authority and peacekeeping duties at any time. State v. Wilen, 4 Neb. App. 132, 539 N.W.2d 650 (1995).
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-324 - Street commissioner; duties.

16-324.
Street commissioner; duties.
The street commissioner of a city of the first class shall be subject to the orders of the mayor and city council by resolution, have general charge, direction, and control of all work in the streets, sidewalks, culverts, and bridges of the city, except matters in charge of the board of public works, and shall perform such other duties as the city council may require.
Source
Laws 1901, c. 18, § 31, p. 238;
R.S.1913, § 4890;
C.S.1922, § 4058;
C.S.1929, § 16-320;
R.S.1943, § 16-324;
Laws 1961, c. 42, § 1, p. 173;
Laws 2016, LB704, § 66;
Laws 2019, LB194, § 19.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-325 - Board of public works; appointment; oath; terms; duties; removal from office.

16-325.
Board of public works; appointment; oath; terms; duties; removal from office.
(1) There may be in each city of the first class a board of public works which shall consist of three members, each having a three-year term of office, or five members, each having a five-year term of office, the number to be set by ordinance, which members shall be residents of such city and be appointed by the mayor with the assent of the city council. When such board is first established, one member shall be appointed for a term of one year, one for two years, and one for three years and, in the case of a five-member board, an additional member shall be so appointed for four years and another for five years. Thereafter, as their terms expire, all members shall be appointed for a full term of three or five years as the case may be. The mayor, with the assent of the city council, shall designate one of the members of such board to be the chairperson thereof.
(2) Each of the members of the board of public works shall, before entering upon the discharge of his or her duties, take an oath to discharge faithfully the duties of the office.
(3) It shall be the duty of the board of public works to (a) make contracts on behalf of the city for the performance of all such work and erection of all such improvements in the manner provided in section 16-321, (b) superintend the performance of all such work and the erection of all such improvements, (c) approve the estimates of the city engineer, which may be made from time to time, of the value of the work as the same may progress, (d) accept any work done or improvements made when the same shall be fully completed according to contract, subject to the approval of the mayor and city council, and (e) perform such other duties as may be conferred upon such board by ordinance.
(4) Any member of the board of public works may at any time be removed from office by the mayor and a majority of the city council, and the proceedings in regard thereto shall be entered in the journal of the city council.
Source
Laws 1901, c. 18, § 70, p. 283;
R.S.1913, § 4891;
C.S.1922, § 4059;
Laws 1925, c. 44, § 2, p. 175;
C.S.1929, § 16-321;
R.S.1943, § 16-325;
Laws 1947, c. 26, § 3, p. 129;
Laws 1953, c. 26, § 2, p. 111;
Laws 1965, c. 52, § 1, p. 255;
Laws 1971, LB 494, § 2;
Laws 1973, LB 24, § 1;
Laws 1984, LB 682, § 6;
Laws 2016, LB704, § 67.
Annotations
A member of the board of public works is prohibited from being interested in purchase of any material to be used for municipal purposes. Arthur v. Trindel, 168 Neb. 429, 96 N.W.2d 208 (1959).
Appointment of a board of public works is entirely optional. State ex rel. City of Grand Island v. Union Pacific R. R. Co., 152 Neb. 772, 42 N.W.2d 867 (1950).
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-326 - Elective officers; compensation; change during term prohibited; exception.

16-326.
Elective officers; compensation; change during term prohibited; exception.
The salary of any elective officer of any city of the first class shall not be increased or diminished during the term for which he or she was elected, except that when there are officers elected to the city council, or to a board or commission having more than one member and the terms of one or more members commence and end at different times, the compensation of all members of such city council, board, or commission may be increased or diminished at the beginning of the full term of any member thereof. No person who shall have resigned or vacated any office shall be eligible to the same during the time for which he or she was elected when, during the same time, the salary has been increased.
Source
Laws 1901, c. 18, § 32, p. 238;
R.S.1913, § 4892;
C.S.1922, § 4060;
C.S.1929, § 16-322;
R.S.1943, § 16-326;
Laws 1969, c. 75, § 2, p. 404;
Laws 1972, LB 943, § 1;
Laws 2016, LB704, § 68;
Laws 2019, LB194, § 20.
Annotations
Member of board of public works cannot contract with city or village for additional salary as manager of public utilities. Neisius v. Henry, 142 Neb. 29, 5 N.W.2d 291 (1942).
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-327 - Officers; reports required.

16-327.
Officers; reports required.
The mayor or city council of a city of the first class shall have power, when he, she, or it deems it necessary, to require any officer of the city to exhibit his or her accounts or other papers and make reports to the city council, in writing, touching any subject or matter it may require pertaining to the office.
Source
Laws 1901, c. 18, § 33, p. 239;
R.S.1913, § 4893;
C.S.1922, § 4061;
C.S.1929, § 16-323;
R.S.1943, § 16-327;
Laws 1979, LB 80, § 27;
Laws 2016, LB704, § 69;
Laws 2019, LB194, § 21.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-401 - City council; meetings, regular and special; quorum.

16-401.
City council; meetings, regular and special; quorum.
Regular meetings of the city council of a city of the first class shall be held at such times as may be fixed by ordinance and special meetings whenever called by the mayor or any four city council members. A majority of all the members elected to the city council shall constitute a quorum for the transaction of any business, except as otherwise required by law, but a less number may adjourn, from time to time, and compel the attendance of absent members. When the city council consists of four members as established by ordinance or home rule charter, the mayor shall be deemed a member of the city council for purposes of establishing a quorum when the mayor's presence is necessary to establish the quorum. An affirmative vote of not less than one-half of the elected members shall be required for the transaction of any business.
Source
Laws 1901, c. 18, § 16, p. 233;
R.S.1913, § 4894;
C.S.1922, § 4062;
C.S.1929, § 16-401;
R.S.1943, § 16-401;
Laws 1975, LB 118, § 1;
Laws 1987, LB 652, § 1;
Laws 2016, LB704, § 70;
Laws 2019, LB194, § 22;
Laws 2020, LB1003, § 169.
Annotations
Any business that might have been transacted at the regular meeting may be transacted at an adjournment thereof, where the adjournment is taken to a fixed date, unless a specified provision is made to the contrary. Ex parte Wolf, 14 Neb. 24, 14 N.W. 660 (1883).
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-402 - City council; president; acting president; duties.

16-402.
City council; president; acting president; duties.
The city council of a city of the first class shall elect one of the city council members as president of the city council, and he or she shall preside at all meetings of the city council in the absence of the mayor. In the absence of the president, the city council members shall elect one of their own body to occupy the place temporarily, who shall be styled acting president of the city council. The president and acting president, when occupying the place of mayor, shall have the same privileges as other members of the city council, and all acts of the president or acting president while so acting shall be as binding upon the city council and upon the city as if done by the mayor.
Source
Laws 1901, c. 18, § 53, p. 259;
R.S.1913, § 4895;
C.S.1922, § 4063;
C.S.1929, § 16-402;
R.S.1943, § 16-402;
Laws 1987, LB 652, § 2;
Laws 2016, LB704, § 71;
Laws 2019, LB194, § 23.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-403 - City council; ordinances; passage; proof; publication.

16-403.
City council; ordinances; passage; proof; publication.
All ordinances of a city of the first class shall be passed pursuant to such rules and regulations as the city council may provide, and all such ordinances may be proved by the certificate of the city clerk under the seal of the city. When printed or published in book, pamphlet, or electronic form and purporting to be published by authority of the city, such ordinances shall be read and received in evidence in all courts and places without further proof. The passage, approval, and publication or posting of such ordinance shall be sufficiently proved by a certificate under the seal of the city from the city clerk showing that such ordinance was passed and approved, and when and in what paper the same was published, and when and by whom and where the same was posted. When ordinances are published in book, pamphlet, or electronic form, purporting to be published by authority of the city council, the same need not be otherwise published and such book, pamphlet, or electronic form shall be received as evidence of the passage and legal publication of such ordinances, as of the dates mentioned in such book, pamphlet, or electronic form, in all courts without further proof.
Source
Laws 1901, c. 18, § 46, p. 244;
R.S.1913, § 4896;
C.S.1922, § 4064;
C.S.1929, § 16-403;
R.S.1943, § 16-403;
Laws 2016, LB704, § 72;
Laws 2019, LB194, § 24;
Laws 2021, LB159, § 3.
Annotations
Ordinances as published in book form are not competent evidence unless "purported to be published by authority of the city". Christensen v. Tate, 87 Neb. 848, 128 N.W. 622 (1910).
An ordinance that is duly approved and published is in full force and effect. In re Langston, 55 Neb. 310, 75 N.W. 828 (1898).
Where certificate shows ordinance was not properly published, ordinance is not admissible without further proof. Union P. Ry. Co. v. Montgomery, 49 Neb. 429, 68 N.W. 619 (1896).
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-405 - City council; ordinances; style; publication; emergency ordinances.

16-405.
City council; ordinances; style; publication; emergency ordinances.
The style of ordinances of a city of the first class shall be: "Be it ordained by the mayor and city council of the city of ................," and all ordinances of a general nature shall, within fifteen days after they are passed, be published in a legal newspaper in or of general circulation within the city, or in book, pamphlet, or electronic form, to be distributed or sold, as may be provided by ordinance. Every ordinance fixing a penalty or forfeiture for its violation shall, before the ordinance takes effect, be published for at least one week in the manner prescribed in this section. In cases of riots, infectious diseases, or other impending danger, or any other emergency requiring its immediate operation, such ordinance shall take effect upon the proclamation of the mayor immediately upon its first publication as provided in this section.
Source
Laws 1901, c. 18, § 47, p. 245;
R.S.1913, § 4898;
C.S.1922, § 4066;
C.S.1929, § 16-405;
R.S.1943, § 16-405;
Laws 1971, LB 282, § 1;
Laws 2016, LB704, § 74;
Laws 2019, LB194, § 26;
Laws 2021, LB159, § 4.
Annotations
Publication in one regular issue of a legal newspaper in any week was sufficient notwithstanding this section and home rule charter. Skag-Way Department Stores, Inc. v. City of Grand Island, 176 Neb. 169, 125 N.W.2d 529 (1964).
One insertion in a daily paper does not meet the requirement of statute, since a publication must be continued in each issue thereof for a week. Union Pacific Railway Co. v. McNally, 54 Neb. 112, 74 N.W. 390 (1898); Union Pacific Railway Co. v. Montgomery, 49 Neb. 429, 68 N.W. 619 (1896).
One publication is sufficient if in weekly paper. State ex rel. Hahn v. Hardy, 7 Neb. 377 (1878).
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-406 - City council; testimony; power to compel; oaths.

16-406.
City council; testimony; power to compel; oaths.
The city council of a city of the first class or any committee of the members thereof shall have power to compel the attendance of witnesses for the investigation of matters that may come before them. The president or acting president of the city council, or chairperson of such committee for the time being, may administer such requisite oaths. Such city council or committee shall have the same authority to compel the giving of testimony as is conferred on courts of justice.
Source
Laws 1901, c. 18, § 94, p. 296;
R.S.1913, § 4899;
C.S.1922, § 4067;
C.S.1929, § 16-406;
R.S.1943, § 16-406;
Laws 2016, LB704, § 75;
Laws 2019, LB194, § 27.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-501 - Contracts; appropriation a condition precedent.

16-501.
Contracts; appropriation a condition precedent.
No contract shall be made by the city council in a city of the first class or any committee or member thereof and no expense shall be incurred by any of the officers or departments of the city, whether the object of the expenditure shall have been ordered by the city council or not, unless an appropriation shall have been previously made concerning such expense, except as otherwise expressly provided by law.
Source
Laws 1901, c. 18, § 44, p. 243;
R.S.1913, § 4900;
C.S.1922, § 4068;
C.S.1929, § 16-501;
R.S.1943, § 16-501;
Laws 2016, LB704, § 76;
Laws 2019, LB194, § 28.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-502 - Officer; extra compensation prohibited; exception.

16-502.
Officer; extra compensation prohibited; exception.
No officer shall receive any pay or perquisites from a city of the first class other than his or her salary, as provided by ordinance and the law relating to cities of the first class, and the city council shall not pay or appropriate any money or any valuable thing to any person not an officer for the performance of any act, service, or duty, the doing or performance of which shall come within the proper scope of the duties of any officer of such city, unless the money or valuable thing is specifically appropriated and ordered by a vote of three-fourths of all the members elected to the city council.
Source
Laws 1901, c. 18, §45, p. 244;
R.S.1913, § 4901;
C.S.1922, § 4069;
C.S.1929, § 16-502;
R.S.1943, § 16-502;
Laws 1957, c. 38, § 2, p. 207;
Laws 1959, c. 62, § 1, p. 279;
Laws 1961, c. 283, § 2, p. 830;
Laws 1971, LB 491, § 3;
Laws 1972, LB 1209, § 1;
Laws 1973, LB 24, § 2;
Laws 1983, LB 370, § 7;
Laws 2016, LB704, § 77;
Laws 2019, LB194, § 29.
Cross References
For other provisions of officers interested in public contracts, see sections 49-14,103.01 to 49-14,103.07.
Annotations
Contracts between officer and city are void, and amount paid officer can be recovered. Arthur v. Trindel, 168 Neb. 429, 96 N.W.2d 208 (1959).
Salary of clerk was the limit of city clerk's compensation for official services of all kinds. City of Scottsbluff v. Southern Surety Co., 124 Neb. 260, 246 N.W. 346 (1933).
Under former law, the fact that a mayor and member of city council may have been subscribers for stock of the water company and such stock subscriptions were still unpaid, did not void a judgment of the water company against such city, where such city officers were no longer stockholders of such water company. City of Broken Bow v. Broken Bow Water-Works Company, 57 Neb. 548, 77 N.W. 1078 (1899).
Under former law, where a contract was made between the contractor and the city and a member of the city council was a stockholder and officer of the corporation, such contract was illegal and a taxpayer could enjoin the same. McElhinney v. City of Superior, 32 Neb. 744, 49 N.W. 705 (1891).
Under former law, a contract could be canceled at suit of taxpayer where one of the members of the council was also a stockholder in and officer of the corporation contracting with the city, but city must pay for the reasonable value of the services received prior to the commencement of the action. Grand Island Gas Company v. West, 28 Neb. 852, 45 N.W. 242 (1890).
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-503 - Contracts; concurrence of majority of city council required; vote of mayor, when; record.

16-503.
Contracts; concurrence of majority of city council required; vote of mayor, when; record.
On the passage or adoption of every resolution or order to enter into a contract, or accepting of work done under contract, by the mayor or city council of a city of the first class, the yeas and nays shall be called and entered upon the record. To pass or adopt any bylaw or ordinance or any such resolution or order, a concurrence of a majority of all elected members of the city council shall be required. The mayor may vote on any such matter if (1) the mayor's vote is required due to the city council members being equally divided or (2) a majority vote of all the elected members of the city council cannot be reached due to absence, vacancy, or abstention of one or more city council members. For purposes of such vote, the mayor is deemed to be a member of the city council. The requirements of a roll call or viva voce vote shall be satisfied by a city which utilizes an electronic voting device which allows the yeas and nays of each city council member to be readily seen by the public.
Source
Laws 1901, c. 18, § 34, p. 239;
R.S.1913, § 4903;
C.S.1922, § 4071;
C.S.1929, § 16-503;
R.S.1943, § 16-503;
Laws 1961, c. 43, § 2, p. 174;
Laws 1975, LB 172, § 2;
Laws 1978, LB 609, § 1;
Laws 1980, LB 662, § 3;
Laws 1988, LB 625, § 1;
Laws 2016, LB704, § 78;
Laws 2019, LB194, § 30;
Laws 2023, LB531, § 7.
Operative Date: June 7, 2023
Annotations
Under former law mayor was not authorized to cast deciding vote on acceptance of bid for public works. Day v. City of Beatrice, 169 Neb. 858, 101 N.W.2d 481 (1960).
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-605 - Property; condemnation for streets; damages; how paid.

16-605.
Property; condemnation for streets; damages; how paid.
Payment of damages assessed for the appropriation of private property for streets, alleys or boulevards in cities of the first class may be made out of the general or any other surplus fund.
Source
Laws 1903, c. 19, § 7, p. 239;
R.S.1913, § 4906;
C.S.1922, § 4074;
Laws 1923, c. 145, § 1, p. 358;
C.S.1929, § 16-603;
R.S.1943, § 16-605.
Annotations
Appropriation of lands for streets outside of city and the payment therefor is authorized. Webber v. City of Scottsbluff, 138 Neb. 416, 293 N.W. 276 (1940).
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-606 - Property; condemnation for streets; assessments; levy; collection.

16-606.
Property; condemnation for streets; assessments; levy; collection.
The city council of a city of the first class may assess and levy the whole expense and damage incurred in the creation of any street, avenue, or alley upon the real property fronting upon the same and other property nearby that may be benefited thereby in proportions according to benefits. Such assessments and levy shall be made by resolution, at a regular meeting of the city council, and notice of the time of such meeting and that such assessments will be made thereat shall be published in a legal newspaper in or of general circulation within the city ten days before such meeting. Such special taxes shall be due and payable to the city treasurer in thirty days after the assessment and levy. At the time of the next certification to the county clerk for general revenue purposes, such special assessment and levy, so far as not then paid, shall be certified to the county clerk and be put upon the tax list and be collected as other real estate taxes are collected, and paid over to the city treasurer to reimburse the city. Such special taxes shall be a lien on the property upon which assessed and levied from the assessment, and shall bear interest at a rate not to exceed the rate of interest specified in section 45-104.01, as such rate may from time to time be adjusted by the Legislature, from the time due until paid. The proceedings for widening streets shall be the same as herein provided for creating new streets, and shall apply to the widening of streets, alleys, and avenues.
Source
Laws 1903, c. 19, § 7, p. 239;
R.S.1913, § 4906;
C.S.1922, § 4074;
Laws 1923, c. 145, § 1, p. 359;
C.S.1929, § 16-603;
R.S.1943, § 16-606;
Laws 1980, LB 933, § 9;
Laws 1981, LB 167, § 10;
Laws 2016, LB704, § 79;
Laws 2019, LB194, § 31.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-607 - Property; condemnation for other public purposes; bonds; issuance; approval by electors.

16-607.
Property; condemnation for other public purposes; bonds; issuance; approval by electors.
(1) Payment of damages assessed for the appropriation of private property for any of the purposes provided in section 19-709 but not provided for in section 16-606 may be made by the sale of the negotiable bonds of the city, and for that purpose the mayor and city council shall have power to borrow money and to pledge the property and credit of the city upon its negotiable bonds or otherwise in an amount not exceeding in the aggregate two hundred thousand dollars.
(2) No such bonds, referred to in subsection (1) of this section, shall be issued by the city council until the question of issuing the same shall have been submitted to the electors of the city at an election called and held for that purpose, notice of which election shall have been given by publication once each week three successive weeks prior thereto in a legal newspaper in or of general circulation in such city, and a majority of the electors voting on the proposition shall have voted in favor of issuing such bonds. The proposition shall not be submitted until after the appraisers referred to in section 76-710 have made their report fixing the amount of the damages for the property appropriated. If the proposition fails to carry, it shall be equivalent to a repeal of the ordinance authorizing the appropriation proceedings, and the city shall not be bound in any way on account of the appropriation proceedings referred to in section 19-709.
(3) When the bonds, referred to in subsections (1) and (2) of this section, are for the purpose of purchasing any system or portion of a system already in existence, it shall not be necessary for the city engineer to make or the city council to adopt any plans or specifications for the work already in existence, but only for proposed changes or additional work.
Source
Laws 1923, c. 145, § 1, p. 359;
C.S.1929, § 16-603;
R.S.1943, § 16-607;
Laws 1951, c. 26, § 1, p. 117;
Laws 1953, c. 27, § 1, p. 113;
Laws 1971, LB 534, § 12;
Laws 2016, LB704, § 80.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-608 - Property; condemnation; plat; filing.

16-608.
Property; condemnation; plat; filing.
All cities of the first class upon condemning private property, shall cause to be recorded an accurate plat and a clear, definite description of the property so taken in the office of the register of deeds for the county within which such city is located, within sixty days after the other legal steps for the acquisition of such title shall have been taken.
Source
Laws 1901, c. 18, § 50, p. 268;
R.S.1913, § 4907;
C.S.1922, § 4075;
C.S.1929, § 16-604;
R.S.1943, § 16-608.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-609 - Improvements; power of city council.

16-609.
Improvements; power of city council.
The city council of a city of the first class shall have power to open, control, name, rename, extend, widen, narrow, vacate, grade, curb, gutter, park, and pave or otherwise to improve and control and keep in good repair and condition, in any manner it may deem proper, any street, avenue, or alley, or public park or square, or part of either, within the limits of the city or within its extraterritorial zoning jurisdiction, and it may grade partially or to the established grade, or park or otherwise improve any width or part of any such street, avenue, or alley. When the city vacates all or any portion of a street, avenue, or alley, or public park or square, or part of either, the city shall, within thirty days after the effective date of the vacation, file a certified copy of the vacating ordinance with the register of deeds for the county in which the vacated property is located to be indexed against all affected lots.
Source
Laws 1901, c. 18, § 48, LV, p. 259;
Laws 1901, c. 19, § 4, p. 307;
Laws 1907, c. 13, § 1, p. 111;
R.S.1913, § 4908;
C.S.1922, § 4076;
C.S.1929, § 16-605;
R.S.1943, § 16-609;
Laws 2001, LB 483, § 4;
Laws 2016, LB704, § 81;
Laws 2019, LB194, § 32.
Annotations
Authority is conferred on cities of the first class to regulate parking of vehicles on the street. Vap v. City of McCook, 178 Neb. 844, 136 N.W.2d 220 (1965).
Grant of power to city to curb and pave street was a delegation of police power. Hillerege v. City of Scottsbluff, 164 Neb. 560, 83 N.W.2d 76 (1957).
While authority is conferred upon the municipality to control its streets, yet the discretion must be exercised in a reasonable and not in an arbitrary and discriminatory manner. State ex rel. Andruss v. Mayor & Council of City of North Platte, 120 Neb. 413, 233 N.W. 4 (1930).
The mere establishment of grade, without alteration, creates no damage and the statute of limitations does not commence to run against property owners' right by reason thereof, until there is actual alteration. Hilger v. City of Nebraska City, 97 Neb. 268, 149 N.W. 807 (1914).
The mere filing of petitions sufficient upon their face, without proof of such allegations, is not sufficient to confer jurisdiction upon the city to make the improvements and to assess the costs upon the abutting property, where the jurisdictional facts are put in issue, and injunction will restrain the taxes therefor. City of South Omaha v. Tighe, 67 Neb. 572, 93 N.W. 946 (1903).
The duty devolves on cities and towns to keep streets and sidewalks reasonably safe and fit for travel, and such duty applies to defects in construction, as well as neglect of repair. Village of Plainview v. Mendelson, 65 Neb. 85, 90 N.W. 956 (1902).
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-609.01 - Land abutting street; industrial tract or school site; improvement; agreement.

16-609.01.
Land abutting street; industrial tract or school site; improvement; agreement.
Whenever any street of any city of the first class is partly inside the city and partly outside the city, and the land outside the city abutting on such street is an industrial tract or a school site, or the property of the state or any political subdivision thereof, such street may be included in any street improvement project of the city upon the written agreement thereto of the owner or owners of such land outside the city, which agreement shall subject such land to the assessment of costs of the benefits resulting from the improvement. Except as provided in this section, any such improvement shall be subject to the provisions of sections 16-609 to 16-655.
Source
Laws 1965, c. 46, § 1, p. 246.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-610 - Public ways; maintenance and repair.

16-610.
Public ways; maintenance and repair.
The mayor and city council of a city of the first class shall have the care, supervision and control of all public highways, bridges, streets, alleys, public squares and commons, and shall cause the same to be kept open and in repair and free from nuisances.
Source
Laws 1901, c. 18, § 35, p. 239;
Laws 1909, c. 19, § 1, p. 183;
R.S.1913, § 4909;
C.S.1922, § 4077;
C.S.1929, § 16-606;
R.S.1943, § 16-610;
Laws 2019, LB194, § 33.
Annotations
Contract between city and state prohibiting parking on designated street was upheld. Vap v. City of McCook, 178 Neb. 844, 136 N.W.2d 220 (1965).
Duty devolving on cities and villages to keep streets and sidewalks reasonably safe and fit for travel applies to defects in construction as well as neglect to repair, and the safety required extends to travel by night as well as by day. Village of Plainview v. Mendelson, 65 Neb. 85, 90 N.W. 956 (1902).
It is the duty of a city to keep all its streets and bridges in a reasonably safe condition for travel and such care and diligence is not controlled or affected by the fact that they are not as frequently used as some others in the city. City of South Omaha v. Powell, 50 Neb. 798, 70 N.W. 391 (1897).
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-613 - Bridges; repair; duty of county; aid by city, when.

16-613.
Bridges; repair; duty of county; aid by city, when.
All public bridges within a city of the first class, exceeding sixty feet in length, and the approaches thereto, over any stream crossing a county highway, shall be constructed and kept in repair by the county. When any city of the first class has constructed or repaired a bridge over sixty-feet span with approaches thereto, on any county highway within its corporate limits, and has incurred a debt for the same, then the treasurer of the county in which such bridge is located shall pay to the city treasurer seventy-five percent of all bridge taxes collected in such city until such debt and interest upon the same are fully paid. The city council may appropriate a sum not exceeding five dollars per linear foot to aid in the construction of any county bridge within the limits of such city, or may appropriate a like sum to aid in the construction of any bridge contiguous to such city on a highway leading to such bridge.
Source
Laws 1909, c. 19, § 1, p. 183;
R.S.1913, § 4912;
C.S.1922, § 4080;
C.S.1929, § 16-609;
R.S.1943, § 16-613;
Laws 1955, c. 31, § 1, p. 137;
Laws 2016, LB704, § 82.
Annotations
City is required to exercise reasonable care and diligence in keeping streets and bridges in a safe condition for travel, even though they may not be frequently used by the public. City of South Omaha v. Powell, 50 Neb. 798, 70 N.W. 391 (1897).
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-614 - House numbers.

16-614.
House numbers.
The mayor and city council of a city of the first class may provide for regulating and requiring the numbering of houses along public streets or avenues.
Source
Laws 1901, c. 18, § 50, p. 268;
R.S.1913, § 4913;
C.S.1922, § 4081;
C.S.1929, § 16-610;
R.S.1943, § 16-614;
Laws 2019, LB194, § 35.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-617 - Improvement districts; power to establish.

16-617.
Improvement districts; power to establish.
The mayor and city council of any city of the first class shall have power to make improvements of any street, streets, alley, alleys, or any part of any street, streets, alley or alleys, in the city, a street which divides the corporate limits of the city and the area adjoining the city, or within a county industrial area as defined in section 13-1111 contiguous to such city, and for that purpose to create suitable improvement districts, which shall be consecutively numbered, and such work shall be done under contract. Such districts may include properties within the corporate limits, adjoining the corporate limits, and within county industrial areas as defined in section 13-1111 contiguous to such cities.
Source
Laws 1901, c. 18, § 48, p. 259;
Laws 1901, c. 19, § 4, p. 307;
Laws 1907, c. 13, § 1, p. 114;
R.S.1913, § 4916;
Laws 1915, c. 86, § 1, p. 225;
Laws 1917, c. 95, § 1, p. 254;
C.S.1922, § 4084;
Laws 1925, c. 50, § 1, p. 191;
C.S.1929, § 16-613;
Laws 1933, c. 27, § 1, p. 202;
C.S.Supp.,1941, § 16-613;
R.S.1943, § 16-617;
Laws 1967, c. 67, § 3, p. 219;
Laws 1969, c. 81, § 2, p. 413;
Laws 1979, LB 136, § 1;
Laws 2016, LB704, § 84.
Annotations
City acted within its authority when it made improvements to a street located along the city's corporate limits. Iverson v. City of North Platte, 243 Neb. 506, 500 N.W.2d 574 (1993).
Ordinance is required to state the kind of improvement that is proposed to be made. Danielson v. City of Bellevue, 167 Neb. 809, 95 N.W.2d 57 (1959).
Where city council found property owner failed to file sufficient objection within twenty days of creation of district, it acted judicially, and unless appealed from such finding was final. Hiddleson v. City of Grand Island, 115 Neb. 287, 212 N.W. 619 (1927).
Under prior act, a petition of the property owners was not necessary for the creation of a paving district. Broghamer v. City of Chadron, 107 Neb. 532, 186 N.W. 362 (1922).
Description in paving ordinance was sufficient. Chittenden v. Kibler, 100 Neb. 756, 161 N.W. 272 (1917).
In absence of a limitation in the act granting it authority to issue bonds, the city had power to levy sufficient taxes to pay the same. United States ex rel. Masslich v. Saunders, 124 F. 124 (8th Cir. 1903).
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-617.01 - Improvement, defined.

16-617.01.
Improvement, defined.
As used in sections 16-617 to 16-649, improvement shall include but shall not be limited to paving, repaving, graveling, grading, curbing, guttering, and the construction and replacement of pedestrian walks, plazas, malls, landscaping, lighting systems and permanent facilities used in connection therewith.
Source
Laws 1967, c. 67, § 2, p. 219.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-618 - Improvement districts; property included.

16-618.
Improvement districts; property included.
Any improvement district created pursuant to section 16-617 shall include only portions of different streets, or portions of alleys, or portions of each, which abut or adjoin so that such district, when created, makes up one continuous or extended street or more, except that the district may include a cul de sac, any street, alley, or portion thereof which is closed at one end or which connects with only one other existing street, alley, or portion thereof. Any improvement district may include portions of different streets, or portions of different alleys, or portions of each, if they abut or connect with each other, or if the several portions abut on pavement or gravel already laid, or any other of improvements already laid.
Source
Laws 1917, c. 95, § 1, p. 254;
C.S.1922, § 4084;
Laws 1925, c. 50, § 1, p. 192;
C.S.1929, § 16-613;
Laws 1933, c. 27, § 1, p. 202;
C.S.Supp.,1941, § 16-613;
R.S.1943, § 16-618;
Laws 1980, LB 654, § 1;
Laws 2016, LB704, § 85;
Laws 2019, LB194, § 37.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-619 - Improvement districts; creation; notice.

16-619.
Improvement districts; creation; notice.
The mayor and city council of any city of the first class exercising authority to make improvements as provided under section 16-617 shall, by ordinance, create an improvement district or districts. After the passage, approval, and publication of such ordinance, the city clerk shall publish notice of the creation of any such district or districts one time each week for not less than twenty days in a legal newspaper in or of general circulation in the city.
Source
Laws 1915, c. 86, § 1, p. 225;
Laws 1917, c. 95, § 1, p. 254;
C.S.1922, § 4084;
Laws 1925, c. 50, § 1, p. 192;
C.S.1929, § 16-613;
Laws 1933, c. 27, § 1, p. 202;
C.S.Supp.,1941, § 16-613;
R.S.1943, § 16-619;
Laws 2016, LB704, § 86.
Annotations
Attack on sufficiency of paving petition could be made by error proceedings. Elliott v. City of Auburn, 172 Neb. 1, 108 N.W.2d 328 (1961).
Publication of notice is a mandatory and jurisdictional step. Danielson v. City of Bellevue, 167 Neb. 809, 95 N.W.2d 57 (1959).
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-620 - Improvement districts; objections of property owners; effect.

16-620.
Improvement districts; objections of property owners; effect.
If the owners of the record title representing more than fifty percent of the front footage of the property abutting or adjoining any continuous or extended street, cul de sac, or alley of an improvement district created pursuant to section 16-617, or portion thereof which is closed at one end, and who were such owners at the time the ordinance creating such district was published, shall file with the city clerk, within twenty days from the first publication of such notice, written objections to the improvement of a district, such work shall not be done in such district under such ordinance, but such ordinance shall be repealed. If objections are not filed against any district in the time and manner provided in this section, the mayor and city council shall forthwith proceed to construct such improvement.
Source
Laws 1917, c. 95, § 1, p. 254;
C.S.1922, § 4084;
Laws 1925, c. 50, § 1, p. 192;
C.S.1929, § 16-613;
Laws 1933, c. 27, § 1, p. 202;
C.S.Supp.,1941, § 16-613;
R.S.1943, § 16-620;
Laws 1949, c. 20, § 1, p. 90;
Laws 1967, c. 67, § 4, p. 219;
Laws 1980, LB 654, § 2;
Laws 2016, LB704, § 87.
Annotations
In passing on sufficiency of paving petition, city council exercises a judicial function. Elliott v. City of Auburn, 172 Neb. 1, 108 N.W.2d 328 (1961).
Property owners are given right to object to kind of materials used in improving street. Danielson v. City of Bellevue, 167 Neb. 809, 95 N.W.2d 57 (1959).
Ordinance creating special improvement district may be repealed before additional steps have been taken. Brasier v. City of Lincoln, 159 Neb. 12, 65 N.W.2d 213 (1954).
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-621 - Improvement districts; materials; kind; petition of landowners; bids; advertisement.

16-621.
Improvement districts; materials; kind; petition of landowners; bids; advertisement.
In advertising for bids for paving, repaving, graveling, or macadamizing, the mayor and city council of a city of the first class may provide for bids on different materials and types of construction, and shall in addition provide for asking bids on any material or materials that may be suggested by petition of owners of the record title representing twenty-five percent of the abutting property owners in an improvement district, if such petition is filed with the city clerk before advertisement for bids is ordered. On opening of bids for paving or repaving in any such district, the mayor and city council shall postpone action thereon for a period of not less than ten days. During such period of postponement, the owners of the record title representing a majority of the abutting property owners in a district may file with the city clerk a petition for the use of a particular material for paving for which a bid has been received, in which event a bid on that material shall be accepted and the work shall be done with that material. The regulations as to advertising for bids and opening of bids and postponing of action thereon and the right of selection of materials shall not apply in case of graveling. In case such owners fail to designate the material they desire used in such paving or repaving, or macadamizing, in the manner and within the time provided in this section, the mayor and city council shall determine the material to be used. The mayor and city council may reject all bids and readvertise if, in their judgment, the public interest requires.
Source
Laws 1917, c. 95, § 1, p. 254;
C.S.1922, § 4034;
Laws 1925, c. 50, § 1, p. 192;
C.S.1929, § 16-613;
Laws 1933, c. 27, § 1, p. 202;
C.S.Supp.,1941, § 16-613;
R.S.1943, § 16-621;
Laws 1965, c. 54, § 1, p. 259;
Laws 2016, LB704, § 88;
Laws 2019, LB194, § 38.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-621.01 - Improvements of streets and alleys; use of salt stabilized base or armor coating, when.

16-621.01.
Improvements of streets and alleys; use of salt stabilized base or armor coating, when.
A city of the first class may improve its streets and alleys by the use of salt stabilized base or armor coating in the same manner, to the same extent, and with the same limitations as provided by law for paving or repaving such streets or alleys. All provisions of law respecting paving or repaving by a city of the first class shall apply to any improvements made under the authority of this section.
Source
Laws 1961, c. 45, § 1, p. 177.
2023 Nebraska Revised Statutes › Chapter 16 - Cities of the First Class › 16-623 - Improvement districts; bonds; interest.

16-623.
Improvement districts; bonds; interest.
For the purpose of paying the cost of improving the streets, avenues, or alleys in an improvement district created pursuant to section 16-619 or 16-624, exclusive of intersections of streets or avenues, or spaces opposite alleys therein, the mayor and city council shall have power and may, by ordinance, cause to be issued bonds of the city, to be called Street Improvement Bonds of District No. ....., payable in not exceeding twenty years from date, and bearing interest, payable either annually or semiannually, with interest coupons attached. In such cases they shall also provide that the special taxes and assessments shall constitute a sinking fund for the payment of the bonds. The entire cost of improving any such street, avenue, or alley, properly chargeable to any lot or land within any such improvement district according to the front footage thereof, may be paid by the owners of such lots or lands within fifty days from the levying of such special taxes, and thereupon such lot or lands shall be exempt from any lien or charge therefor.
Source
Laws 1901, c. 18, § 48, LV, p. 259;
Laws 1901, c. 19, § 4, p. 307;
Laws 1907, c. 13, § 1, p. 111;
R.S.1913, § 4918;
C.S.1922, § 4086;
Laws 1925, c. 50, § 3, p. 194;
C.S.1929, § 16-615;
Laws 1931, c. 32, § 1, p. 123;
C.S.Supp.,1941, § 16-615;
R.S.1943, § 16-623;
Laws 1967, c. 67, § 6, p. 221;
Laws 1969, c. 51, § 27, p. 288;
Laws 2016, LB704, § 90;
Laws 2017, LB132, § 2.