reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-812 - Bridge construction; yearly contracts; when made; when authorized; terms.

39-812.
Bridge construction; yearly contracts; when made; when authorized; terms.
The county board of each county in the state shall have power and is hereby authorized to make annual contracts, which contracts may be made after July 1 of any year and cover the fiscal year of the county, for the construction and erection of the superstructure, the substructure and approaches of all bridges, and for furnishing the materials in connection with the same, to be built within their respective counties for the period of one year, at a specified sum per lineal foot for the superstructure of all such bridges; at a specified sum per lineal foot for the superstructure of all such approaches; at a specified sum per lineal foot for all piling used in the substructure of all bridges and approaches; and at a specified sum per foot, board measure, for all caps, sway braces, and other wood materials used in the substructure of such bridges and approaches.
Source
Laws 1905, c. 126, § 2, p. 540;
R.S.1913, § 2957;
C.S.1922, § 2715;
C.S.1929, § 39-802;
R.S.1943, § 39-812;
Laws 1947, c. 150, § 1, p. 415.
Cross References
Superstructure and substructure, defined, see section 39-816.
Annotations
Board cannot let contract for building bridges for a period longer or less than one year. New contract to take effect before expiration of old one is void. Whedon v. Lancaster County, 80 Neb. 682, 114 N.W. 1102 (1908).
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-813 - Bridge construction; yearly contracts; concrete substructures; terms.

39-813.
Bridge construction; yearly contracts; concrete substructures; terms.
In the event the substructure of such bridges or approaches is built wholly or in part of stone, brick, cement or concrete, the contract for the portion of the substructure to be built of such material shall be let at a specified sum per cubic foot in place.
Source
Laws 1905, c. 126, § 3, p. 540;
R.S.1913, § 2958;
C.S.1922, § 2716;
C.S.1929, § 39-803;
R.S.1943, § 39-813.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-814 - Bridge construction; yearly contracts; metal substructures; terms.

39-814.
Bridge construction; yearly contracts; metal substructures; terms.
In the event the substructure of such bridges or approaches is wholly or in part of iron, steel or other metal, the contract for the portion of the substructure to be built of iron, steel or other metal shall be let at a specified sum per lineal foot for tubing, and at a specified sum per pound for all other metal in place.
Source
Laws 1905, c. 126, § 4, p. 540;
R.S.1913, § 2959;
C.S.1922, § 2717;
C.S.1929, § 39-804;
R.S.1943, § 39-814.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-815 - Bridge repairs; yearly contracts; terms.

39-815.
Bridge repairs; yearly contracts; terms.
The county board shall have the power and is hereby authorized to make yearly contracts for repairing all bridges and approaches to bridges which are required to be built, repaired, and maintained by the county, at a specified sum per unit quantity in place.
Source
Laws 1905, c. 126, § 5, p. 540;
R.S.1913, § 2960;
C.S.1922, § 2718;
C.S.1929, § 39-805;
R.S.1943, § 39-815.
Annotations
This section is not applicable to repairing of bridges across irrigation ditches. Dawson County v. Dawson County Irr. Co., 104 Neb. 137, 176 N.W. 78 (1920); Dawson County Irr. Co. v. Dawson County, 103 Neb. 692, 173 N.W. 696 (1919).
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-816 - Superstructure, substructure, unit quantity in place, defined.

39-816.
Superstructure, substructure, unit quantity in place, defined.
The word superstructure as used in sections 39-812 to 39-815 and 39-820, is hereby defined to mean all that part of a bridge or an approach thereto directly above and resting upon the stone or concrete abutments or piers, iron tubings, pile caps or other similar supports. The word substructure, as used in said sections, is hereby defined to mean all that portion of a bridge or approach thereto directly under and upon which rests the superstructure. The term unit quantity in place, as used in said sections, shall mean cubic feet of stone, cement, brick or concrete; lineal feet of piling; feet of lumber, board measure; lineal feet of tubing; and pounds of all other metal when properly placed in the bridge, approach or culverts according to the terms of the contract.
Source
Laws 1905, c. 126, §§ 6, 7, 8, p. 541;
R.S.1913, §§ 2961, 2962, 2963;
C.S.1922, §§ 2719, 2720, 2721;
C.S.1929, §§ 39-806, 39-807, 39-808;
R.S.1943, § 39-816.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-817 - Bridge construction contracts; advertisement for bids; contents; bids; certified checks or cash deposits required.

39-817.
Bridge construction contracts; advertisement for bids; contents; bids; certified checks or cash deposits required.
Before any contract shall be let as aforesaid, the county board shall cause to be published three consecutive weeks, in a newspaper printed and of general circulation in the county or, if there is no newspaper printed in the county, in a newspaper of general circulation in the county, an advertisement inviting contractors to compete for such work. Such notice shall state the general character of the work, the number and kind of bridges required to be built, their proposed location as nearly as can be estimated and determined, the time within which and the place where such bids must be presented, and the time and place of opening such bids. No bids shall be considered unless accompanied by a certified check or cash, the amount of which is to be determined by the county board. All such checks shall be made payable to the county clerk of the county, to be forfeited to the county in case the bidder refuses to enter into a contract with the county, if the same is awarded to him.
Source
Laws 1905, c. 126, § 9, p. 541;
R.S.1913, § 2964;
C.S.1922, § 2722;
C.S.1929, § 39-809;
R.S.1943, § 39-817;
Laws 1953, c. 136, § 1, p. 424.
Annotations
When two counties unite in contract to repair boundary bridge, it is not necessary to publish advertisement in both counties. Standard Bridge Co. v. Kearney County, 95 Neb. 455, 145 N.W. 986 (1914).
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-818 - Bridge construction contracts; bidding blanks; infringement on patent rights; bids; acceptance or rejection; construction by county.

39-818.
Bridge construction contracts; bidding blanks; infringement on patent rights; bids; acceptance or rejection; construction by county.
The county board shall require bidders to bid upon plans and specifications on bidding blanks prepared by the Director-State Engineer or such other officer who may have charge of such matters in this state, to be furnished by Director-State Engineer free of charge, which shall be adopted by the county board;
Provided,
if the county board should adopt plans and specifications which infringe on any patent right granted under and by virtue of the laws of the United States, the county board shall endorse on the plans and specifications the name of the owner of such patent right or the name of the party entitled to receive royalties therefor, and the amount of royalties received by the owner or party entitled thereto; and the board may accept the lowest responsible bid and award the contract accordingly or reject any and all bids submitted for such work. Upon the rejection of any bid or bids by the board, it shall have the power and authority to purchase the necessary bridge material and employ the necessary labor to construct and repair bridges to be built by the county within one year; the purpose being that the county board shall be vested with power and authority to purchase the necessary material and employ the necessary labor, to construct and repair the bridges of the county within one year;
Provided, however,
nothing herein contained shall prevent any person or corporation from submitting to the Director-State Engineer plans and specifications for his consideration.
Source
Laws 1905, c. 126, § 10, p. 542;
Laws 1913, c. 88, § 1, p. 230;
R.S.1913, § 2965;
C.S.1922, § 2723;
C.S.1929, § 39-810;
R.S.1943, § 39-818.
Cross References
Authority to build and repair bridges, other provisions, see sections 39-810, 39-824, and 39-826.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-819 - Bridge construction contracts; plans and specifications; uniformity required; contents; inspection of work by Director-State Engineer.

39-819.
Bridge construction contracts; plans and specifications; uniformity required; contents; inspection of work by Director-State Engineer.
The county board shall not let or enter into any contract or contracts for the erection of any bridge, the estimated cost of which bridge shall exceed the sum of five hundred dollars, except upon uniform plans and specifications and bidding blanks prepared by the Director-State Engineer, or such other officers who may have charge of such matters in this state, which plans shall be drawn to scale and shall show the outline of the bridge or bridges as it or they will appear when completed. The plans and specifications shall also show at least one cross-sectional view of each. They shall show the name, number, size, grade, dimensions, mixture or other quality of all work and material to be used in the construction of the bridge or bridges. It shall be the duty of the Director-State Engineer or such other officer who may have charge of such matters in this state, to inspect and check the completed work when called upon so to do by the county board, or by the written request of five resident freeholders of the county.
Source
Laws 1905, c. 126, § 11, p. 542;
Laws 1913, c. 88, § 1, p. 231;
R.S.1913, § 2966;
C.S.1922, § 2724;
C.S.1929, § 39-811;
R.S.1943, § 39-819.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-820 - Bridge and culvert construction contracts; separate bids required on each type; yearly contracts; letting; conditions.

39-820.
Bridge and culvert construction contracts; separate bids required on each type; yearly contracts; letting; conditions.
All bidders for the erection and repair of bridges and approaches thereto and for the building of culverts and improvements on roads, when the cost of such erection, repair, building, or improvement shall exceed one hundred dollars, shall be required to bid separately on each different kind and class of bridge with approaches thereto and on each culvert or improvement on roads. The lowest and best bidder on each kind or class of bridges, culverts, or improvements shall be awarded a contract for the same or all bids on the same shall be rejected. The term bridge shall be understood to include both superstructure, substructure, and approaches as herein defined. All bridges constructed entirely of wood shall be considered as constituting a single class, and each different length or style of metal or combination bridge shall constitute a separate class. The county board shall award the contract for building all the same kind and class of bridges, approaches, and culverts that may be required during the year to the lowest and best bidder on such bridges, approaches, and culverts, the object of this section being to give the county board full power to disregard blanket or collective bids. The lowest and best bidder shall enter into a bond with good and sufficient surety or furnish an irrevocable letter of credit, a certified check upon a solvent bank, or a performance bond in a guaranty company qualified to do business in Nebraska in accordance with the provisions of section 39-825.
Source
Laws 1905, c. 126, § 13, p. 543;
R.S.1913, § 2967;
C.S.1922, § 2725;
C.S.1929, § 39-812;
R.S.1943, § 39-820;
Laws 1987, LB 211, § 5.
Cross References
Superstructure and substructure, defined, see section 39-816.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-821 - Bridge and culvert construction contracts; plans, specifications, and estimates; preparation; approval; printed copies furnished to counties.

39-821.
Bridge and culvert construction contracts; plans, specifications, and estimates; preparation; approval; printed copies furnished to counties.
The Director-State Engineer, or such other officer who may have charge of such matters in this state, shall prepare plans, specifications, and estimates of the cost of construction, which shall be uniform throughout the state, and strain sheets and estimates of cost of all such standard pattern bridges, the estimated cost of which will exceed five hundred dollars each, as are best adapted to the requirements of the several counties;
Provided,
such plans, specifications, and estimates shall be based upon proper and sufficient data which shall be furnished to the secretary of the county board; and the Director-State Engineer shall supply the several counties with the number of prints of plans and strain sheets and printed copies of specifications, ordered by said counties, free of charge, and he shall retain all drawings in his office to be turned over to his successor.
Source
Laws 1905, c. 126, § 14, p. 543;
Laws 1913, c. 88, § 1, p. 232;
R.S.1913, § 2968;
Laws 1921, c. 286, § 1, p. 934;
C.S.1922, § 2726;
C.S.1929, § 39-813;
R.S.1943, § 39-821.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-822 - Bridge and culvert construction contracts; plans, specifications, and estimates furnished to bidders; statement of construction done.

39-822.
Bridge and culvert construction contracts; plans, specifications, and estimates furnished to bidders; statement of construction done.
The county board shall keep in the office of the county clerk of the county a sufficient supply of the prints of the plans and the printed copies of the specifications and estimates of the cost of construction mentioned in section 39-821, to be furnished by the Director-State Engineer for distribution to prospective bidders and taxpayers of the county. No contract shall be entered into under the provisions of sections 39-810 to 39-826 for the construction or erection of any bridge or bridges unless, for the period of thirty days immediately preceding the time of entering into such contract, there shall have been available for distribution by the county clerk such plans and specifications. The county boards of the several counties shall prepare and transmit to the Department of Transportation a statement accompanied by the plans and specifications, showing the cost of all bridges built in their counties under the provisions of such sections, and state therein whether they were built under a contract or by the county.
Source
Laws 1905, c. 126, § 15, p. 544;
Laws 1913, c. 88, § 1, p. 232;
R.S.1913, § 2969;
Laws 1921, c. 286, § 2, p. 934;
C.S.1922, § 2727;
C.S.1929, § 39-814;
R.S.1943, § 39-822;
Laws 2017, LB339, § 111.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-823 - Bridge and culvert construction; plans and specifications; duplicate copies; filing with county clerk.

39-823.
Bridge and culvert construction; plans and specifications; duplicate copies; filing with county clerk.
The county board shall also file duplicate copies of all plans and specifications adopted by them under the provisions of sections 39-810 to 39-826, in the office of the county clerk, who shall keep the same with the records of his office, to be turned over to his successor in office.
Source
Laws 1905, c. 126, § 16, p. 544;
Laws 1913, c. 88, § 1, p. 232;
R.S.1913, § 2970;
C.S.1922, § 2728;
C.S.1929, § 39-815;
R.S.1943, § 39-823.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-824 - Bridge construction; cost; limitation on expenditures.

39-824.
Bridge construction; cost; limitation on expenditures.
Bridges shall not be built if the aggregate cost thereof shall exceed a sum greater than the amount of money on hand in the bridge fund derived from the levy of previous years, plus eighty-five percent of the levy of the current year, together with the amount of money in the district road fund in the district where such work is to be performed.
Source
Laws 1905, c. 126, § 17, p. 545;
R.S.1913, § 2971;
Laws 1919, c. 26, § 1, p. 92;
C.S.1922, § 2729;
C.S.1929, § 39-816;
R.S.1943, § 39-824.
Cross References
Authority to build or repair bridges, other provisions, see sections 39-810, 39-818, and 39-826.
District road fund, see section 39-1905.
Annotations
Provision that county boards may levy special tax to pay indebtedness arising under certain bridge contracts is mandatory, but not in excess of limit of levy for county purposes. State ex rel. Millsap v. Stoddard, 108 Neb. 712, 189 N.W. 299 (1922); Beadle v. Sanders, 104 Neb. 427, 177 N.W. 789 (1920).
Bridge construction in anticipation of levy is valid and a culvert is a bridge within meaning of proviso. Central Bridge & Constr. Co. v. Saunders County, 106 Neb. 484, 184 N.W. 220 (1921).
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-825 - Bridge construction; contract; bond or other surety.

39-825.
Bridge construction; contract; bond or other surety.
(1) Except as provided in subsection (2) of this section, every bidder, before entering on work pursuant to contract, shall give bond to the county with at least two good and sufficient sureties, who shall be residents of the state, and one of whom shall be a resident of the county, in any sum not less than one thousand dollars, and in such additional amount as the county board may require, which bond shall be approved by the county board and shall be conditioned for the faithful execution of the contract. The county board may accept or may require a surety bond in like amount and conditioned the same as the personal bond prescribed in this section.
(2) If a contract, the provisions of which are limited to the purchase of supplies or materials, is entered into pursuant to this section and if the amount of the contract is fifty thousand dollars or less, the bidder shall furnish the county with an irrevocable letter of credit, a certified check upon a solvent bank, or a performance bond in a guaranty company qualified to do business in Nebraska, as prescribed by and in an amount determined by the county board, conditioned for the faithful performance of such contract.
Source
Laws 1905, c. 126, § 18, p. 545;
R.S.1913, § 2972;
C.S.1922, § 2730;
C.S.1929, § 39-817;
R.S.1943, § 39-825;
Laws 1987, LB 211, § 6.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-826 - Bridges and culverts; emergency repairs.

39-826.
Bridges and culverts; emergency repairs.
If any bridge, bridges, approach, approaches, culvert or culverts, may need immediate repairs on account of the same having broken down, or on account of high water, or fire, or if for other cause an emergency shall exist, the county board shall have the power to declare that the public good requires immediate action to prevent inconvenience and damage, and may proceed to enter into a contract under the provisions of sections 39-810 to 39-826 for such bridge, bridges, approach or approaches, culvert or culverts, or may buy material and hire labor and repair any such bridges, approaches or culverts.
Source
Laws 1905, c. 126, § 19, p. 545;
R.S.1913, § 2973;
C.S.1922, § 2731;
C.S.1929, § 39-818;
R.S.1943, § 39-826.
Annotations
Where emergency existed, as shown by record, county board is not required to advertise for bidders. Standard Bridge Co. v. Kearney County, 95 Neb. 744, 146 N.W. 943 (1914).
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-826.01 - Proposed bridge or culvert; dam in lieu of; how determined.

39-826.01.
Proposed bridge or culvert; dam in lieu of; how determined.
The Department of Transportation or the county board shall, prior to the design or construction of a new bridge or culvert in a new or existing highway or road within its jurisdiction, notify in writing, by first-class mail, the natural resources district in which such bridge or culvert will be located. The natural resources district shall, pursuant to section 39-826.02, determine whether it would be beneficial to the district to have a dam constructed in lieu of the proposed bridge or culvert. If the district shall determine that a dam would be more beneficial, the department or the county board and the natural resources district shall jointly determine the feasibility of constructing a dam to support the road in lieu of a bridge or culvert. If the department or the county board and the natural resources district cannot agree regarding the feasibility of a dam, the decision of the department, in the case of the state highway system, or the county board, in the case of the county road system, shall be controlling.
Source
Laws 1979, LB 213, § 1;
Laws 2017, LB339, § 112.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-826.02 - Proposed bridge or culvert; natural resources district; dam; feasibility study.

39-826.02.
Proposed bridge or culvert; natural resources district; dam; feasibility study.
If a natural resources district shall receive notice of a proposed bridge or culvert pursuant to section 39-826.01, the district shall make a study to determine whether it would be practicable to construct a dam at or near the proposed site which could be used to support a highway or road. In making the study, such district shall consider the benefit which would be derived and the feasibility of such a dam. After it has made its determination, the natural resources district shall notify the Department of Transportation or the county board and shall, if the district favors such a dam, assist in the joint feasibility study and provide any other assistance which may be required.
Source
Laws 1979, LB 213, § 2;
Laws 2017, LB339, § 113.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-829 - Bridges in or near two or more counties; joint contracts; enforcement; procedure.

39-829.
Bridges in or near two or more counties; joint contracts; enforcement; procedure.
If the county board of either of such counties, after reasonable notice in writing from the county board of any other such county, shall neglect or refuse to build or repair any such bridge, when any contract or agreement has been made in regard to the same, it shall be lawful for the board so giving notice to build or repair the same, and to recover, by suit, one-half, or such amount as shall have been agreed upon, of the expense of so building or repairing such bridge, with cost of suit and interest from the time of the completion thereof, from the county so neglecting or refusing.
Source
Laws 1879, § 89, p. 142;
R.S.1913, § 2990;
C.S.1922, § 2741;
C.S.1929, § 39-827;
R.S.1943, § 39-829.
Annotations
In order to recover part of cost of bridge over a stream that forms boundary between counties, notice must be given of intention to construct. Buffalo County v. Phelps County, 129 Neb. 268, 261 N.W. 360 (1935).
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-830 - Bridges in or near two or more counties; joint contracts; judgment; board members individually liable, when.

39-830.
Bridges in or near two or more counties; joint contracts; judgment; board members individually liable, when.
Any judgment so recovered against the county board of either of such counties shall be a charge on such county, unless the jury shall in their verdict certify that the neglect or refusal of such board was willful or malicious, in which case only the members of such board shall be personally liable for such judgment; and the same may be enforced against them in their personal and individual capacity, and upon their official bonds.
Source
Laws 1879, § 90, p. 142;
R.S.1913, § 2991;
C.S.1922, § 2742;
C.S.1929, § 39-828;
R.S.1943, § 39-830.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-831 - Defective bridge; notice to county board.

39-831.
Defective bridge; notice to county board.
Whenever any highway or bridge in any county shall be out of repair, or unsafe for travel, any three citizens or taxpayers of the state may notify the member of the county board of the district within which such road or bridge is situated, in writing, setting forth a description of the road or bridge and the defects therein.
Source
Laws 1889, c. 7, § 1, p. 77;
R.S.1913, § 2992;
C.S.1922, § 2743;
C.S.1929, § 39-829;
R.S.1943, § 39-831.
Annotations
Repairs contemplated by this section are such as may be made at once and without considerable cost. State ex rel. Heil v. Jakubowski, 151 Neb. 471, 38 N.W.2d 26 (1949).
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-832 - Defective bridge; repairs; when made.

39-832.
Defective bridge; repairs; when made.
It shall then be the duty of such member of the county board, within twenty-four hours after service of such notice, to commence to make suitable repairs to such highway or bridge, and to place it in a safe condition for travel.
Source
Laws 1889, c. 7, § 2, p. 77;
R.S.1913, § 2993;
C.S.1922, § 2744;
C.S.1929, § 39-830;
R.S.1943, § 39-832.
Annotations
Mandamus will not lie to compel rebuilding of bridge when funds are exhausted. State ex rel. Heil v. Jakubowski, 151 Neb. 471, 38 N.W.2d 26 (1949).
Duty may be enforced by mandamus. State ex rel. Enerson v. County Commissioners of Boone County, 102 Neb. 199, 166 N.W. 554 (1918).
Party crossing bridge on public road, without notice of its dangerous condition, has right to assume that it is safe for people of various occupations of locality. Kovarik v. Saline County, 86 Neb. 440, 125 N.W. 1082 (1910).
This section refers to such repairs as can be made immediately. State ex rel. Sumption v. Smith, 77 Neb. 1, 108 N.W. 173 (1906).
Precinct bridge becomes part of public road and county must repair on notice. State ex rel. Pankonin v. County Commissioners of Cass, 58 Neb. 244, 78 N.W. 494 (1899); Dutton v. State ex rel. Pankonin, 42 Neb. 804, 60 N.W. 1042 (1894).
County is liable even without notice of unsafe condition of bridge. Raasch v. Dodge County, 43 Neb. 508, 61 N.W. 725 (1895).
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-833 - Defective bridge on county or township line; notice; procedure.

39-833.
Defective bridge on county or township line; notice; procedure.
If the road or bridge shall be on the line between two counties, then the members of the county boards of the respective districts, within which such road or bridge is located, of the respective counties, shall be served with such notice, or if it be on the line between two townships, in counties under township organization, then the supervisors of both townships in which the road or bridge is situated shall be notified in like manner.
Source
Laws 1889, c. 7, § 3, p. 77;
R.S.1913, § 2994;
C.S.1922, § 2745;
C.S.1929, § 39-831;
R.S.1943, § 39-833.
Annotations
Where mandamus is brought to compel building of county line bridge, notice must be given to both counties and both joined in action. State ex rel. Sumption v. Smith, 77 Neb. 1, 108 N.W. 173 (1906).
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-835 - Boundary bridge; construction bonds authorized.

39-835.
Boundary bridge; construction bonds authorized.
Any county, township, precinct, city or village in the State of Nebraska may issue bonds to construct or to aid in the construction of a highway bridge across any boundary river of the state.
Source
Laws 1895, c. 45, § 1, p. 187;
R.S.1913, § 2996;
C.S.1922, § 2748;
C.S.1929, § 39-834;
R.S.1943, § 39-835.
Annotations
County may issue bonds to construct or aid in the construction of a highway wagon bridge across a boundary stream. Ahern v. Richardson County, 127 Neb. 659, 256 N.W. 515 (1934).
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-836 - Boundary bridge; bonds; election; limitation on amount.

39-836.
Boundary bridge; bonds; election; limitation on amount.
The question of issuing bonds shall first be submitted to the qualified electors of the county, township, precinct, city, or village either at a special election called for that purpose or at a general election as provided in sections 39-837 to 39-841. If a majority of the votes cast at such election are in favor of the proposition to issue bonds, then such county, township, precinct, city, or village, as the case may be, shall issue its bonds in such amounts as specified in the notices of election, not exceeding three and five-tenths percent of the taxable valuation of such county, township, precinct, city, or village as shown by the last assessment prior to the vote authorizing the issuance of such bonds.
Source
Laws 1895, c. 45, § 2, p. 187;
R.S.1913, § 2997;
C.S.1922, § 2749;
C.S.1929, § 39-835;
R.S.1943, § 39-836;
Laws 1971, LB 534, § 27;
Laws 1979, LB 187, § 155;
Laws 1992, LB 719A, § 137.
Annotations
Power of county to issue bonds is purely statutory and must be exercised in manner prescribed. Ahern v. Richardson County, 127 Neb. 659, 256 N.W. 515 (1934).
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-837 - Boundary bridge; bonds; petition for special election; bond for expenses.

39-837.
Boundary bridge; bonds; petition for special election; bond for expenses.
Whenever a petition, setting forth the amount of bonds asked to be voted, when the same shall become due, the rate of interest the bonds shall bear, whether payable annually or semiannually, and if to aid in the construction of a bridge, the name of the person, firm or corporation to whom the bonds are to be donated, the amount of work to be done on such bridge before the bonds shall be delivered, and signed by not less than twenty freeholders of the county, township, precinct, city or village, which is to issue the bonds, shall be presented to the county board of the county which is to issue the bonds, or the county in which is located the township or precinct which is to issue the bonds, or the city council of the city which is to issue the bonds, or to the trustees of the village which is to issue the bonds, the county board, the city council or the village trustees shall, upon the petitioners' giving bond, to be approved by them, conditioned for the payment of the expenses of a special election in the event the proposition to be submitted shall not receive the requisite number of votes for its adoption, give notice and call a special election in the county, township, precinct, city or village.
Source
Laws 1895, c. 45, § 3, p. 188;
R.S.1913, § 2998;
C.S.1922, § 2750;
C.S.1929, § 39-836;
R.S.1943, § 39-837;
Laws 1969, c. 51, § 103, p. 337.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-838 - Boundary bridge; bonds; special election; notice; conduct.

39-838.
Boundary bridge; bonds; special election; notice; conduct.
The notice required by section 39-837 shall contain the conditions upon which bonds are to be issued and which are required by section 39-837 to be set forth in the petition, and shall be published for at least thirty days prior to such election in some newspaper published in such county, township, precinct, city or village, if any newspaper is published therein; and if no newspaper is published therein, such notice shall be published by posting notice at the courthouse door in the county and in every voting precinct in the county. In case of a township, precinct, city or village election, such notice, where there is no newspaper published therein, shall be published by posting the notice in at least four public places in each township, precinct, city or village for at least thirty days next preceding the day of holding such election. The election in all other respects shall be governed by and conform to the laws regulating general elections.
Source
Laws 1895, c. 45, § 3, p. 188;
R.S.1913, § 2998;
C.S.1922, § 2750;
C.S.1929, § 39-836;
R.S.1943, § 39-838.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-839 - Boundary bridge; bonds; submission at general election.

39-839.
Boundary bridge; bonds; submission at general election.
Upon request of the petitioners mentioned in section 39-837, the proposition to issue bonds may be submitted at the next general election after the presentation of the petition, upon giving notice as provided by section 39-838, in which case the petitioners shall not be required to execute any bond for the payment of the expenses of the election as provided by section 39-837.
Source
Laws 1895, c. 45, § 3, p. 189;
R.S.1913, § 2998;
C.S.1922, § 2750;
C.S.1929, § 39-836;
R.S.1943, § 39-839.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-840 - Boundary bridge; bonds; election; form of ballot.

39-840.
Boundary bridge; bonds; election; form of ballot.
At any election held pursuant to section 39-838 or 39-839, the ballot used shall be substantially in the following form:
Shall (here enter name of county, township, precinct, city or village it is proposed shall vote bonds) issue bonds in the sum of (here insert the amount) dollars, to construct or aid in the construction of, as the case may be, a highway bridge (and if to aid in the construction, insert the name of the persons, firm or corporation to whom said bonds are to be donated) and to levy a tax for payment of the principal and interest.
Yes.....No.....
Source
Laws 1895, c. 45, § 3, p. 189;
R.S.1913, § 2998;
C.S.1922, § 2750;
C.S.1929, § 39-836;
R.S.1943, § 39-840.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-841 - Boundary bridge; bonds; election result recorded; issuance; delivery.

39-841.
Boundary bridge; bonds; election result recorded; issuance; delivery.
If at any election held pursuant to section 39-838 or 39-839 the proposition to issue bonds receives the requisite number of votes for its adoption as provided in section 39-836, the county board, city council, or board of village trustees shall cause the petition, the notice of election, and the result of the vote to be recorded in the proper records of the county, city, or village. Thereupon such bonds shall be prepared and issued in accordance with the petition and notice of election and shall be signed and executed by the officers by law authorized to sign and execute bonds issued by a county, township, precinct, or village. The bonds when issued by the county board of any county shall be registered in the office of the county clerk of such county; and when issued by a city or village, they shall be registered in the office of the clerk of such city or village. After being so registered, the bonds shall be delivered to the person, firm, or corporation named in the petition upon their compliance with the terms and conditions upon which the bonds were voted.
Source
Laws 1895, c. 45, § 4, p. 189;
R.S.1913, § 2999;
C.S.1922, § 2751;
C.S.1929, § 39-837;
R.S.1943, § 39-841;
Laws 1969, c. 317, § 8, p. 1148;
Laws 2001, LB 420, § 27.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-842 - Boundary bridge; bonds; annual tax levy; sinking fund.

39-842.
Boundary bridge; bonds; annual tax levy; sinking fund.
The proper officers charged with the duty of levying taxes for the county, township, precinct, city or village voting such bonds shall, each year, until the bonds voted under the authority of sections 39-835 to 39-841 are paid, levy upon the taxable property in the county, township, precinct, city or village issuing the bonds, a tax sufficient to pay the interest on such bonds as they mature, and to provide for a sinking fund for the redemption of the bonds at their maturity.
Source
Laws 1895, c. 45, § 5, p. 190;
R.S.1913, § 3000;
C.S.1922, § 2752;
C.S.1929, § 39-838;
R.S.1943, § 39-842.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-842.01 - Boundary bridge; consent for purchase, operation, and maintenance; counties, cities, and towns of an adjoining state; not exempt from taxation.

39-842.01.
Boundary bridge; consent for purchase, operation, and maintenance; counties, cities, and towns of an adjoining state; not exempt from taxation.
Consent of the State of Nebraska is hereby given to counties, cities and towns of any adjoining state to purchase, operate and maintain bridges extending across a stream which, at the point of crossing, is on a boundary line of the State of Nebraska, and a right-of-way to give access to such bridge from the highway system of this state;
Provided,
that the consent herein granted shall not be construed to exempt any property acquired hereunder from taxation.
Source
Laws 1945, c. 96, § 1, p. 320.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-846 - State Aid Bridge Fund; created; use; investment.

39-846.
State Aid Bridge Fund; created; use; investment.
In order to expedite the replacement of deficient bridges, the State Aid Bridge Fund is hereby created to provide assistance to counties for replacement of bridges. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.
Source
Laws 1919, c. 190, tit. VII, art. III, § 1, p. 815;
C.S.1922, § 8356;
C.S.1929, § 39-1501;
R.S.1943, § 39-846;
Laws 1973, LB 87, § 1;
Laws 1995, LB 7, § 35.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
Annotations
Right of contribution from state for portion of cost of bridge was limited by appropriation for state aid bridge fund. Scotts Bluff County v. State, 133 Neb. 508, 276 N.W. 185 (1937).
One county cannot compel another to contribute to cost of state aid bridge over boundary line stream between the two counties unless notice has been given to other county of intention to build bridge and opportunity given to participate in its construction. Buffalo County v. Phelps County, 129 Neb. 268, 261 N.W. 360 (1935).
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-847.01 - State Aid Bridge Fund; State Treasurer; transfer funds to.

39-847.01.
State Aid Bridge Fund; State Treasurer; transfer funds to.
The State Treasurer shall transfer monthly thirty-two thousand dollars from the share of the Department of Transportation of the Highway Trust Fund and thirty-two thousand dollars from the counties' share of the Highway Trust Fund which is allocated to bridges to the State Aid Bridge Fund.
Source
Laws 1973, LB 87, § 3;
Laws 1986, LB 599, § 4;
Laws 2017, LB339, § 115.
Cross References
Highway Trust Fund, see section 39-2215.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-855 - County, defined; interstate bridge across boundary stream; authority to build.

39-855.
County, defined; interstate bridge across boundary stream; authority to build.
Whenever used in sections 39-855 to 39-876, the word county or counties shall be construed to include municipal corporations as well and to include any commission or authority which may be established in any county or counties; and whenever the governing body of any county is specifically directed or empowered to perform a given act or function it shall be deemed a grant or direction for the corresponding governing body of a city or village, or any commission or authority which may be established within any county or counties, as the case may be, to do likewise. Any county in the State of Nebraska may build or construct or aid in the construction or complete construction of any highway, wagon, vehicle or automobile bridge within the State of Nebraska and any adjoining state across any river, navigable or nonnavigable stream, forming a boundary line between any county within the State of Nebraska and any other state of the United States.
Source
Laws 1935, c. 87, § 1, p. 278;
Laws 1941, c. 78, § 1, p. 314;
C.S.Supp.,1941, § 39-2101;
R.S.1943, § 39-855.
Annotations
Purchase by counties of interstate bridges already built is authorized. Hansen v. Dakota County, 135 Neb. 582, 283 N.W. 217 (1939).
Power of county to issue bonds is purely statutory and must be exercised in manner prescribed by statute. Ahern v. Richardson County, 127 Neb. 659, 256 N.W. 515 (1934).
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-856 - Interstate county bridges; revenue bonds; issuance; tolls; disbursement; federal aid; powers of county.

39-856.
Interstate county bridges; revenue bonds; issuance; tolls; disbursement; federal aid; powers of county.
Any county in the State of Nebraska may issue revenue bonds to construct or to aid in the construction, or complete the construction of any highway, wagon, vehicle, or automobile bridge within the State of Nebraska and any adjoining state across any river, navigable or nonnavigable stream, forming a boundary line between any county within the State of Nebraska and any other state of the United States, which revenue bonds shall be payable solely from the revenue and funds from such bridge and as to which, as shall be recited therein, the county shall incur no indebtedness of any kind or nature, and to support which the county shall not pledge its credit nor its taxing power nor any part thereof. As a part of the cost of any such bridge, the county may include (1) the costs of any river structures approved by the special engineer for the project and with the approval of any required state or federal agency having jurisdiction thereof, and (2) the costs of, or assist in the payment of the costs of, any approach structures or roads not over ten miles from the actual bridge structure. Any such county may levy, collect, and distribute tolls and use the same in payment of the principal and interest on such revenue bonds and for the maintenance, repair, and operation of any such bridge. It may accept gifts and grants of money from the United States Government or any corporation or agency created, designed, or established by the United States, and may enter into contracts with the United States or such corporations or agencies, and do everything necessary thereto, and to construct or aid in the construction or to complete the construction of any such bridge or bridges.
Source
Laws 1935, c. 87, § 2, p. 279;
C.S.Supp.,1941, § 39-2102;
R.S.1943, § 39-856;
Laws 1951, c. 121, § 1, p. 533.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-857 - Interstate county bridges; franchise previously acquired; validation.

39-857.
Interstate county bridges; franchise previously acquired; validation.
If any such county, prior to May 21, 1935, has acquired, purchased or received an assignment by gift or otherwise of a franchise or authority of the United States Government to build any highway, wagon, vehicle or automobile bridge within the State of Nebraska and any adjoining state, across any river, navigable or nonnavigable stream, forming a boundary line between any county within the State of Nebraska and any other state of the United States, if in every other way regular in form, the same shall be and is hereby declared legal and valid and binding on the county, and of the same force and effect as if authority had been theretofore directly conferred on the county.
Source
Laws 1935, c. 87, § 3, p. 279;
C.S.Supp.,1941, § 39-2103;
R.S.1943, § 39-857.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-858 - Interstate county bridges; permit previously acquired; validation.

39-858.
Interstate county bridges; permit previously acquired; validation.
If any such county prior to May 21, 1935, has acquired, purchased, or received an assignment by gift or otherwise, a permit issued and granted by the United States Government or any corporation or agency created, designated, or established by the United States Government to construct any highway, wagon, vehicle or automobile bridge within the State of Nebraska, and any adjoining state, across any river, navigable or nonnavigable stream, forming a boundary line between any county within the State of Nebraska and any other state of the United States, if in every other way regular in form, same shall be and hereby is declared legal and binding on the county, and of the same force and effect as if such permit had been theretofore directly granted by the United States Government to such county upon its application.
Source
Laws 1935, c. 87, § 4, p. 280;
C.S.Supp.,1941, § 39-2104;
R.S.1943, § 39-858.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-859 - Interstate county bridges; property previously acquired; validation.

39-859.
Interstate county bridges; property previously acquired; validation.
If any such county prior to May 21, 1935, has acquired, purchased, or received an assignment by gift or otherwise, any existing highway, wagon, vehicle or automobile bridge or viaduct including approaches and avenues, rights-of-way or easements, or avenues to approaches, necessary real and personal property incident thereto, special privileges and leases in connection with construction of any bridges within the State of Nebraska and any adjoining state and across any river, navigable or nonnavigable stream, forming a boundary line between any county within the State of Nebraska and any other state of the United States, if in every other way regular in form, the same shall be and is hereby declared legal and valid and the property of the county and of the same force and effect as if such property had been theretofore directly acquired by the county.
Source
Laws 1935, c. 87, § 5, p. 280;
C.S.Supp.,1941, § 39-2105;
R.S.1943, § 39-859.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-860 - Interstate county bridges; revenue bonds; interest; issuance; terms; form.

39-860.
Interstate county bridges; revenue bonds; interest; issuance; terms; form.
Any county in the State of Nebraska is authorized to provide funds for the purposes of section 39-856 and for the purpose of providing interest on such bonds during construction, and for a period not to exceed two years after completion of any bridge, by the issuance of revenue bonds of such counties, the principal and interest of which shall be payable solely from the special funds herein provided for, and as to which, as shall be recited therein, the county shall not incur any indebtedness of any kind or nature, and the county shall not pledge its credit, its taxing power, or any part thereof to support or pay the same. Such revenue bonds shall bear interest payable semiannually, shall mature in not more than forty years from their date or dates, and may be redeemable at the option of the county as provided by law. The governing body of the county shall provide the form of such bonds, including coupons to be attached thereto to evidence interest payments. The bonds shall be signed by the chairman of the board of county commissioners of the county, and countersigned and registered by the county clerk under the seal of the county. The coupons shall bear the facsimile signatures of the chairman and county clerk. Such governing body shall fix the denomination or denominations of such bonds and the place of the payment of the principal and interest thereon, which may be at the office of the county treasurer or any bank or trust company in the State of Nebraska or in New York City, New York.
Source
Laws 1935, c. 87, § 7, p. 281;
Laws 1941, c. 78, § 2, p. 315;
C.S.Supp.,1941, § 39-2107;
R.S.1943, § 39-860;
Laws 1947, c. 15, § 16, p. 91;
Laws 1951, c. 121, § 2, p. 534;
Laws 1955, c. 162, § 1, p. 466;
Laws 1969, c. 51, § 104, p. 337.