Chapter 17 — CITIES OF THE SECOND CLASS AND VILLAGES
401 sections in this chapter.
Neb. Rev. Stat. § 17-141 Sidewalks and substructures; regulation.
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A city of the second class shall have the power to regulate the use of sidewalks and all structures thereunder.
Neb. Rev. Stat. § 17-142 Streets; moving of buildings; other obstructions; regulation.
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A city of the second class shall have the power to regulate and prevent the moving of buildings through the streets and to regulate and prohibit the piling of building material or any excavation or obstruction of the streets.
Neb. Rev. Stat. § 17-143 Railroads; location, grade, and crossing; regulation.
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A city of the second class shall have the power to provide for and change the location, grade, and crossing of any railroad.
Repealed. Laws 2017, LB133, § 331.
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[Repealed or reserved.]
Neb. Rev. Stat. § 17-145 Sewers and drains; regulation.
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A city of the second class shall have the power to construct and keep in repair culverts, drains, sewers, and cesspools and to regulate the use of such culverts, drains, sewers, and cesspools.
Neb. Rev. Stat. § 17-146 Refunding bonds; power to issue.
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A city of the second class shall have the power to issue bonds in place of or to supply means to meet its maturing bonds or for the consolidation or funding of such bonds.
Neb. Rev. Stat. § 17-147 Fire department; organization and equipment.
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A city of the second class shall have the power to procure fire engines, hooks, ladders, buckets, and other apparatus, to organize fire engine, hook and ladder, and bucket companies, to prescribe rules of duty and the government of the fire department with such penalties as the c…
Neb. Rev. Stat. § 17-148 City council; president; acting president; powers.
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In each city of the second class, the city council shall elect one of its own body who shall be styled the president of the city council and who shall preside at all meetings of the city council in the absence of the mayor. In the absence of the president, the city council shall …
Transferred to section 17-574.
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[Repealed or reserved.]
Transferred to section 17-575.
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[Repealed or reserved.]
Neb. Rev. Stat. § 17-150 Sewerage system; establishment; estimates; duties of engineer; contracts; advertisement for bids.
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The city engineer in a city of the second class, when ordered to do so by the city council, shall make all surveys, estimates, and calculations necessary to be made for the establishment of a sewerage system and of the cost of labor and materials for such system. The mayor and ci…
Neb. Rev. Stat. § 17-151 Sewerage system; establishment; borrowing money; conditions precedent.
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Before submitting any proposition for borrowing money for the purposes mentioned in section 17-150, the mayor and city council of a city of the second class shall determine upon a system of sewerage and shall procure from the city engineer an estimate of the actual cost of such s…
Repealed. Laws 1983, LB 421, § 18.
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[Repealed or reserved.]
Neb. Rev. Stat. § 17-153 Sewerage system; bonds; sinking funds; investment.
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All taxes levied for the purpose of raising money to pay the interest or to create a sinking fund for the payment of the bonds provided for in section 17-925, shall be payable in money only. Except as otherwise provided, no money so obtained shall be used for any other purpose th…
Neb. Rev. Stat. § 17-154 Sewers; right-of-way; condemnation; procedure.
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In case of the refusal of the owner or owners or claimant or claimants of any lands or any right-of-way, or any easement in any lands through which cities of the second class propose to construct any sewer or drain or any outlet for any sewer or drain, to allow the passage of suc…
Neb. Rev. Stat. § 17-155 Board of equalization; counties under township organization; members; meetings.
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In all cities of the second class in counties under township organization, the city council shall constitute a board of equalization for such city, whose duty it shall be to meet and equalize the assessments of such city at the same time and in the same manner as provided by law …
Neb. Rev. Stat. § 17-156 Joint city and school district facility; acquisition of land; erection, equipment, furnishings, and maintenance.
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Any school district in this state which has within its boundaries, or is contiguous to, a city of the second class may, together with such city, jointly acquire land for, erect, equip, furnish, maintain, and operate a joint municipal and recreation building or joint recreational …
Neb. Rev. Stat. § 17-157 Joint city and school district facility; expense; bonds; election; approval by electors.
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The cost and expense of acquiring land for, erecting, equipping, furnishing, and maintaining a joint municipal and recreation building or joint recreational and athletic field under section 17-156 shall be borne by the school district and city of the second class in the proportio…
Neb. Rev. Stat. § 17-158 Joint city and school district facility; indebtedness; bonds; principal and interest; in addition to other limitations.
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The amount of indebtedness, authorized to be incurred by any school district or city of the second class for the payment of principal and interest for the bonds authorized by the provisions of sections 17-156 to 17-162 shall be in addition to and over and above any limits under a…
Neb. Rev. Stat. § 17-159 Joint city and school district facility; city council and board of education; building commission; powers; duties.
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The members of the board of education of the school district and the city council of the city of the second class, which board and city council have agreed to build a joint municipal and recreation building or joint recreational and athletic field under sections 17-156 to 17-162,…
Neb. Rev. Stat. § 17-160 Joint city and school district facility; building commission; plans and specifications; personnel; compensation; contracts.
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The building commission shall cause to be prepared building plans and specifications for the joint building or joint recreational and athletic field and may employ architects, engineers, and such clerical help as may be deemed necessary for the purpose of preparing such plans and…
Neb. Rev. Stat. § 17-161 Joint city and school district facility; annual budget of city and school district.
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The school district and the city of the second class shall each provide in their annual budgets an item for their proportion of the expense of maintaining any joint municipal and recreation building or joint recreational and athletic field built pursuant to section 17-156.
Neb. Rev. Stat. § 17-162 Joint city and school district facility; building commission; accept gifts.
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The building commission shall have the power to accept gifts, devises, and bequests of real and personal property to carry out the purposes of sections 17-156 to 17-162 and, to the extent of the powers conferred upon the building commission by sections 17-156 to 17-162, to execut…
Neb. Rev. Stat. § 17-163 Offstreet parking; declaration of purpose.
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The Legislature finds and declares that the great increase in the number of motor vehicles, buses, and trucks in Nebraska has created hazards to life and property in cities of the second class in the state. In order to remove or reduce such hazards to life and property and the in…
Neb. Rev. Stat. § 17-164 Offstreet parking; facilities; acquisition; procedure.
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Any city of the second class is hereby authorized to own, purchase, construct, equip, lease, or operate within such city offstreet motor vehicle parking facilities for the use of the general public. This does not include the power to engage, directly or indirectly, in the sale of…
Neb. Rev. Stat. § 17-165 Offstreet parking; revenue bonds; issuance; terms.
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In order to pay the cost required by any purchase, construction, lease, or condemnation of property and equipping of parking facilities or the enlargement of presently owned parking facilities, a city of the second class may issue revenue bonds to provide the funds for such impro…
Neb. Rev. Stat. § 17-166 Offstreet parking; plans and specifications; coordination with traffic control program.
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Before the issuance of any revenue bonds under section 17-165, the city of the second class shall have an independent and qualified firm of engineers prepare plans and specifications for such improvements. In the preparation of the plans and specifications, the independent engine…
Neb. Rev. Stat. § 17-167 Offstreet parking; city council; rules and regulations; contracts; rates.
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Before the issuance of any revenue bonds as provided under section 17-165, the city council of a city of the second class shall make all necessary rules and regulations governing the use, operation, and control of such improvements. In carrying out sections 17-163 to 17-173, the …
Neb. Rev. Stat. § 17-168 Offstreet parking; acquisition of facilities; submission at election; notice.
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The mayor and city council of any city of the second class may adopt by ordinance the proposition to make such purchase, or to erect such facility or facilities, set forth in section 17-164, and before the purchase can be made or facility created, must submit the question to the …
Neb. Rev. Stat. § 17-169 Offstreet parking; facilities; lease; controls retained; business restricted.
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On the creation of a motor vehicle parking facility as provided under section 17-164 for the use of the general public, the city of the second class may lease such facility to one or more operators to provide for the efficient operation of the facility. Such lease shall be let on…
Neb. Rev. Stat. § 17-170 Offstreet parking; private parking lot; not subject to eminent domain.
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Property now used or hereafter acquired within the boundaries of a city of the second class for offstreet motor vehicle parking by a private operator shall not be subject to condemnation.
Neb. Rev. Stat. § 17-171 Offstreet parking; rights of bondholders.
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The provisions of sections 17-163 to 17-173 and of any ordinance authorizing the issuance of bonds under sections 17-163 to 17-173 shall constitute a contract with the holders of such bonds, and any holder of a bond or bonds or any of the coupons of any bond or bonds of such city…
Neb. Rev. Stat. § 17-172 Offstreet parking; revenue; use.
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Any city of the second class is authorized to use any or all of the revenue from onstreet parking meters for the purpose set forth in section 17-164 if such revenue has not been pledged for the payment of revenue bonds authorized in sections 17-163 to 17-173.
Neb. Rev. Stat. § 17-173 Offstreet parking; supplementary powers.
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Sections 17-163 to 17-173 are supplementary to existing statutes relating to cities of the second class and confer upon such cities powers not heretofore granted.
Neb. Rev. Stat. § 17-174 City of second class; public passenger transportation system; acquire; accept funds; administration; powers.
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A city of the second class shall have the power by ordinance to acquire, by the exercise of the power of eminent domain or otherwise, lease, purchase, construct, own, maintain, and operate, or contract for the operation of public passenger transportation systems, excluding railro…
Neb. Rev. Stat. § 17-201 Village, defined; incorporation; restriction on territory; condition; village board of trustees.
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(1) Any municipality containing not less than one hundred nor more than eight hundred 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 incorporated as a village under the law…
Neb. Rev. Stat. § 17-201.01 Villages; incorporation; presumption of regularity of proceedings.
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When a county board has entered an order declaring any village within the county as incorporated, it shall be conclusively presumed that such incorporation and all proceedings in connection therewith are valid in all respects notwithstanding some defect or defects that may appear…
Neb. Rev. Stat. § 17-202 Board of trustees; election; terms.
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The corporate powers and duties of every village shall be vested in a board of trustees which shall consist of three or five members. At the first statewide general election held after the incorporation of a village with five members, two trustees shall be elected to serve two ye…
Neb. Rev. Stat. § 17-202.01 Board of trustees; three or five members; procedure.
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(1) Pursuant to petitions filed or a vote of the village board of trustees under subsection (2) of this section, the registered voters in any village may vote at any statewide general election as to whether the village board of trustees shall consist of three or five members. Upo…
Neb. Rev. Stat. § 17-203 Board of trustees; qualifications.
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Any person may be a trustee who is a citizen of the United States, resides in the village, and is a registered voter.
Repealed. Laws 1994, LB 76, § 615.
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[Repealed or reserved.]
Neb. Rev. Stat. § 17-204 Board of trustees; oath; meetings.
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Every village trustee, before entering upon the duties of his or her office, shall take an oath to support the Constitution of the United States and the Constitution of Nebraska and faithfully and impartially to discharge the duties of his or her office. Every village board of tr…
Neb. Rev. Stat. § 17-205 Board of trustees; quorum; compulsory attendance.
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At all meetings of the village board of trustees, a majority of the trustees shall constitute a quorum to do business. A smaller number may adjourn from day to day and may compel the attendance of absent members in such manner and under such penalties as prescribed by the village…
Neb. Rev. Stat. § 17-206 Board of trustees; journal; roll calls; public proceedings.
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The village board of trustees shall keep a journal of the board's proceedings and, at the desire of any member, shall cause the yeas and nays to be taken and entered on the journal on any question or ordinance, and the proceedings shall be public.
Neb. Rev. Stat. § 17-207 Board of trustees; powers; restrictions.
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The village board of trustees shall have power to pass ordinances: (1) To prevent and remove nuisances within the village or within its extraterritorial zoning jurisdiction; (2) to restrain and prohibit gambling; (3) to provide for licensing and regulating theatrical and other am…
Neb. Rev. Stat. § 17-207.01 Offstreet motor vehicle parking; acquisition; procedure.
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Any village is hereby authorized to own, purchase, construct, equip, lease, or operate within such village offstreet motor vehicle parking facilities for the use of the general public. This does not include the power to engage, directly or indirectly, in the sale of gasoline, oil…
Neb. Rev. Stat. § 17-207.02 Offstreet motor vehicle parking; acquisition; board of trustees; powers.
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The powers granted by section 17-207.01 shall be exercised in the manner and be subject to all the terms, conditions, and limitations provided in sections 17-163 to 17-173.
Neb. Rev. Stat. § 17-208 Appointive officers; term of office; police officer; removal, demotion, or suspension; procedure; board of health; members; duties.
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(1) The village board of trustees may appoint a village clerk, treasurer, attorney, engineer, overseer of the streets, and chief of police and other such officers as shall be required by ordinance or otherwise required by law. (2)(a) The village chief of police or any other polic…
Neb. Rev. Stat. § 17-209 Appointed officers and employees; compensation; fixed by ordinance.
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The appointive officials and other employees of the village shall receive such compensation as the chairperson and village board of trustees shall designate by ordinance; and the annual salary of the chairperson and other members of the village board of trustees shall be fixed by…
Neb. Rev. Stat. § 17-209.01 Board of Trustees; powers of village clerk; resolution required; duties.
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(1) Annually at the first regular meeting of the village board of trustees in December, or as soon as reasonably possible thereafter, the board shall pass a resolution authorizing the village clerk to prepare claims and issue warrants for the village. The resolution shall specify…