Chapter 16, CITIES OF THE FIRST CLASS
328 sections in this chapter.
Neb. Rev. Stat. § 16-1104 Merger plan; city council; adopt resolution; advisory vote; notice.
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(1) To enter into a merger plan, each city council of any two or more contiguous and adjacent cities shall adopt an initial joint concurrent resolution of intent to pursue such plan. (2) If a resolution is adopted pursuant to subsection (1) of this section, the city councils of e…
Neb. Rev. Stat. § 16-1105 Merger plan; contents; advisory committee.
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(1) After adoption of a resolution pursuant to section 16-1104 by the city councils of any two or more cities, such city councils may propose a merger plan subject to the First-Class City Merger Act. (2) A merger plan shall include, but not be limited to, (a) the names of the cit…
Neb. Rev. Stat. § 16-1106 Public hearing; notice.
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After adoption of a resolution pursuant to section 16-1104 and preparation of the required merger plan pursuant to section 16-1105, the city council of each city proposing to enter into such plan shall hold a public hearing on the plan and shall give notice of the hearing by publ…
Neb. Rev. Stat. § 16-1107 Adoption of joint merger plan.
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After a public hearing held pursuant to section 16-1106, the city council of each city shall adopt the joint merger plan by a majority vote of the council.
Neb. Rev. Stat. § 16-1108 Submission of joint merger plan to voters.
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If a merger plan is adopted pursuant to section 16-1107, the city council of each city adopting such plan shall submit the plan for approval by the registered voters at a primary or special election held on the same day in each of the cities which are parties to the plan, not les…
Neb. Rev. Stat. § 16-1109 Submission of plan to voters; notice; publication; contents.
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When a merger plan is submitted to the voters for approval pursuant to section 16-1108, the city council of each city adopting the plan shall publish a notice at least once each week for three consecutive weeks prior to the election in one or more newspapers of general circulatio…
Neb. Rev. Stat. § 16-1110 Question submitted to voters; form; effective date of plan.
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(1) After publication pursuant to section 16-1109, each city council shall submit the question as proposed in the merger plan to the registered voters of the city as provided in section 16-1108. (2) The question shall be submitted to the voters in substantially the following form…
Neb. Rev. Stat. § 16-1111 Nominations for merged city offices; special election.
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Candidates for merged city offices shall be nominated at a special election to be held no less than thirty days after the election at which the merger is approved by the voters and no less than sixty days prior to the next statewide general election. The election shall be held in…
Neb. Rev. Stat. § 16-1112 Election of merged city officers; terms; appointive city officers; terms.
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(1) At the next statewide general election held after the election at which the merger is approved by the voters, the merged city officers shall be elected. Their terms shall begin at the first regular meeting of the city council in December following their election, and the term…
Neb. Rev. Stat. § 16-1113 Merged cities; name; rights, privileges, franchises, property, and suits; how treated.
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(1) Upon the effective date of a merger plan, the cities involved in the plan shall be treated under the name and upon the terms and conditions set forth in the plan. Except as provided in subsections (6) and (7) of this section, statutory references to the names of the cities as…
Neb. Rev. Stat. § 16-1114 Merger; deemed permanent.
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Merger according to the First-Class City Merger Act is deemed permanent, and no withdrawal or dissolution shall be permitted.
Neb. Rev. Stat. § 16-1115 Joint sessions of city councils; authorized.
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The city councils of two or more cities of the first class may meet and hold joint sessions for purposes of the First-Class City Merger Act.
Neb. Rev. Stat. § 16-115 Corporate name and seal; service of process.
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The corporate name of each city of the first class shall be the City of ......................, and all process whatever affecting any such city shall be served in the manner provided for service of a summons in a civil action. The city shall procure and keep a seal with such emb…
Neb. Rev. Stat. § 16-116 Incorporation as city of the first class; applicability of existing law.
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All ordinances, bylaws, acts, regulations, rules and proclamations, existing and in force in any city at the time of its incorporation as a city of the first class, shall remain in full force and effect after such incorporation until the same are repealed or modified by such city…
Neb. Rev. Stat. § 16-117 Annexation; powers; procedure; hearing.
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(1) Except as provided in sections 13-1111 to 13-1120 and 16-130 and subject to this section, the mayor and city council of a city of the first class may by ordinance at any time include within the corporate limits of such city any contiguous or adjacent lands, lots, tracts, stre…
Neb. Rev. Stat. § 16-118 Annexation of land; deemed contiguous; when; effect.
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For purposes of sections 16-117 and 16-130: (1) Lands, lots, tracts, streets, or highways shall be deemed contiguous although a stream, embankment, strip, or parcel of land not more than two hundred feet wide lies between the same and the corporate limits; and (2) In counties in …
Neb. Rev. Stat. § 16-119 Annexation; extraterritorial property use; continuation.
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Any extraterritorial zoning regulations, property use regulations, or other laws, codes, rules, or regulations imposed upon any annexed lands by a city of the first class before such annexation shall continue in full force and effect until otherwise changed.
Neb. Rev. Stat. § 16-120 Annexation; inhabitants; services; when.
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The inhabitants of territories annexed by a city of the first class shall receive substantially the services of other inhabitants of such city as soon as practicable. Adequate plans and necessary city council action to furnish such services shall be adopted not later than one yea…
Neb. Rev. Stat. § 16-121 Annexation; validation.
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Whenever a city of the first class lawfully reannexes territory which it had formerly annexed but which annexation was illegal because the statutes under which such original annexation was made were unconstitutional and void, (1) all contracts for public improvements, warrants an…
Neb. Rev. Stat. § 16-122 Annexation of city of the second class or village; conditions.
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In addition to existing annexation powers, the mayor and city council of any city of the first class may by ordinance annex any village or city of the second class which is entirely surrounded by such city of the first class, if the following conditions exist: (1) The city has wa…
Neb. Rev. Stat. § 16-123 Annexation; powers; when restricted.
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Notwithstanding the powers granted by section 16-122, no village or city of the second class may be annexed by a city of the first class when such village or city of the second class has its own sewage disposal plant, sewage disposal system, water well, water tower, water distrib…
Neb. Rev. Stat. § 16-124 Annexation; succession to property, contracts, obligations, and choses in action.
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Whenever any city of the first class extends its boundaries so as to annex any village or city of the second class, the charter, laws, ordinances, powers, and government of such city of the first class shall at once extend over the territory within any village or city of the seco…
Neb. Rev. Stat. § 16-125 Annexation; taxes, assessments, fines, licenses, fees, claims, demands; paid to and collection by city of the first class.
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All taxes, assessments, fines, licenses, fees, claims, and demands of every kind assessed or levied against persons or property within any village or city of the second class annexed under section 16-122 shall be paid to and collected by the city of the first class.
Neb. Rev. Stat. § 16-126 Taxes and special assessments; annexation; effect.
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All taxes and special assessments which a village or city of the second class annexed under section 16-122 was authorized to levy or assess and which are not levied or assessed at the time of such annexation for any kind of public improvements made or in process of construction o…
Neb. Rev. Stat. § 16-127 Annexation; pending actions at law or in equity; prosecution and defense by city of the first class.
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All actions at law or in equity pending in any court in favor of or against any village or city of the second class annexed under section 16-122 at the time such annexation takes effect shall be prosecuted by or defended by the city of the first class. All rights of action existi…
Neb. Rev. Stat. § 16-128 Annexation; records, books, bonds, funds, and property; property of city of the first class; officers; termination.
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All officers of any village or city of the second class annexed under section 16-122 having books, papers, records, bonds, funds, effects, or property of any kind under their control belonging to any such village or city of the second class, shall upon taking effect of such annex…
Neb. Rev. Stat. § 16-130 Annexation by city within county between 100,000 and 250,000 inhabitants; mayor and city council; powers; notice; contents; liability; limitation on action.
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(1) The provisions of this section shall govern annexation by a city of the first class located in whole or in part within the boundaries of a county having a population in excess of one hundred thousand inhabitants but less than two hundred fifty thousand inhabitants as determin…
Neb. Rev. Stat. § 16-201 General powers.
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Each city of the first class shall be a body corporate and politic and shall have power (1) to sue and be sued, (2) to purchase, lease, lease with option to buy, or acquire by gift or devise and to hold real and personal property within or without the limits of the city and real …
Neb. Rev. Stat. § 16-202 Real estate; conveyance; how effected; remonstrance; procedure; hearing; exceptions.
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(1) Except as otherwise provided in subsection (4) of this section, the power to sell and convey any real estate owned by a city of the first class, including park land, shall be exercised by ordinance directing the conveyance of such real estate and the manner and terms thereof.…
Neb. Rev. Stat. § 16-203 Property tax; levy; amount.
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A city of the first class may levy taxes for general revenue purposes in any one year, not exceeding forty-two cents on each one hundred dollars upon the taxable value of all the taxable property in the limits of such city. This section shall not be construed so as to affect the …
Neb. Rev. Stat. § 16-204 Other taxes; power to levy.
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A city of the first class may levy any other tax or special assessment authorized by law, and appropriate money and provide for the payment of the debts and expenses of the city.
Neb. Rev. Stat. § 16-205 License or occupation tax; power to levy; exceptions.
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A city of the first class may raise revenue by levying and collecting a license or occupation tax on any person, partnership, limited liability company, corporation, or business within the limits of the city and may regulate the same by ordinance. After March 27, 2014, any occupa…
Neb. Rev. Stat. § 16-206 Dogs and other animals; regulation; license tax; enforcement.
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A city of the first class may collect a license tax from the owners and harborers of dogs and other animals in an amount which shall be determined by the city council and enforce the license tax by appropriate penalties. Any licensing provision shall comply with subsection (2) of…
Neb. Rev. Stat. § 16-207 Streets and sidewalks; removal of obstructions; trees; declaration of nuisance; procedure; special assessment.
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(1) A city of the first class may by ordinance provide for the removal of all obstructions from the sidewalks, curbstones, gutters, and crosswalks at the expense of the owners or occupants of the grounds fronting thereon or at the expense of the person placing the obstruction and…
Neb. Rev. Stat. § 16-209 Transportation of freight; regulation.
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A city of the first class by ordinance may regulate the transportation of articles through the streets, and prevent injuries to the streets from overloaded vehicles.
Neb. Rev. Stat. § 16-210 Streets and sidewalks; use; safety regulations.
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A city of the first class may prevent and remove all encroachments into and upon all sidewalks, streets, avenues, alleys, and other city property, and prevent and punish all horseracing, fast driving or riding in the streets, highways, alleys, bridges or places in the city, and a…
Neb. Rev. Stat. § 16-211 Railroads; depots; power to regulate.
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A city of the first class by ordinance may regulate levees, depots, depot grounds, and places for storing freight and goods, and provide for and regulate the passage of railways through the streets and public grounds of the city, reserving the rights of all persons injured thereb…
Neb. Rev. Stat. § 16-212 Railroads; safety regulations; power to prescribe.
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A city of the first class by ordinance may regulate the crossing of railway tracks and provide precautions and prescribe rules regulating the same, regulate the running of railway engines, cars, and trucks within the limits of such city, and prescribe rules relating thereto, and …
Neb. Rev. Stat. § 16-213 Money; power to borrow.
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A city of the first class may borrow money on the credit of the city and pledge the credit, revenue, and public property of the city for the payment thereof when authorized in the manner provided by law.
Neb. Rev. Stat. § 16-214 Bonds; refunding indebtedness.
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A city of the first class by ordinance may provide for issuing bonds, for the purpose of funding any and all indebtedness of the city, due or to become due. Floating indebtedness shall be funded only by authority of a vote of the people, but the mayor and city council may by a tw…
Neb. Rev. Stat. § 16-215 Bonds; sinking fund; authorized; tax to retire bonds.
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A city of the first class may make provision for a sinking fund to pay accruing interest and to pay at maturity the principal of the bonded indebtedness of the city, levy and collect taxes on all the taxable property in the city, in addition to other taxes, for the purpose of pay…
Neb. Rev. Stat. § 16-216 Special elections; authorized; regulation.
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A city of the first class may provide for the holding and regulation of special elections, the return and canvass of votes cast thereat, and pay the expenses of the same.
Neb. Rev. Stat. § 16-217 Officers; removal; vacancies; how filled.
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A city of the first class by ordinance may provide for the removal of elective officers of the city for misconduct. The city may create any office that it deems necessary for the good government and interest of the city. The city may provide for filling vacancies which occur in a…
Neb. Rev. Stat. § 16-218 Officers; regulation.
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Except as otherwise provided by law, a city of the first class by ordinance may regulate and prescribe the powers, duties, and compensation of the officers of the city and classify such offices, on the basis of merit as the city council shall provide for that purpose.
Neb. Rev. Stat. § 16-219 Officers; bonds or insurance; restrictions upon officers as sureties.
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A city of the first class by ordinance may require all officers, elected or appointed, to give bond and security or evidence of equivalent insurance for the faithful performance of their duties. No officer shall become surety upon the official bond of another, or upon any contrac…
Neb. Rev. Stat. § 16-220 Officers; reports; required; when.
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A city of the first class may require from any officer of the city at any time a report in detail of the transactions in his or her office or of any matters connected therewith.
Neb. Rev. Stat. § 16-221 Watercourses; surface waters; regulation.
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A city of the first class may establish, alter, and change the channel of watercourses, and wall and cover them over. No city shall be liable in damages on account of the accumulations of surface waters which fall upon its site, or any portion thereof, unless such accumulations b…
Neb. Rev. Stat. § 16-222 Fire department; establishment authorized; fire prevention; regulations.
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A city of the first class may provide for the organization and support of a fire department; procure fire engines, hooks, ladders, buckets, and other apparatus; organize fire engine, hook and ladder, and bucket companies, and prescribe rules for duty and the government of the fir…
Neb. Rev. Stat. § 16-222.01 Emergency response systems; legislative findings.
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The Legislature finds that matters relating to emergency medical first response and fire protection are matters of state concern, particularly in larger cities that rely primarily or entirely upon volunteers to provide these services. Recognizing the increasing complexity and dif…
Neb. Rev. Stat. § 16-222.02 Employment of full-time fire chief; appointment; duties.
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Each city of the first class with a population in excess of forty-one thousand inhabitants as determined by the most recent federal decennial census or the most recent revised certified count by the United States Bureau of the Census shall employ a full-time fire chief with appro…