Chapter 19, CITIES AND VILLAGES; LAWS APPLICABLE TO MORE THAN ONE AND LESS THAN ALL CLASSES
337 sections in this chapter.
Neb. Rev. Stat. § 19-4019 Available funds; uses; enumerated.
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Any money available under section 19-4018 may be used for any one or more of the following purposes: (1) The acquisition, construction, maintenance, and operation of public offstreet parking facilities for the benefit of the business improvement district area; (2) Improvement of …
Neb. Rev. Stat. § 19-402 Commission plan; petition for adoption; election; ballot form.
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If a petition to adopt the commission plan of government is filed with the city clerk of any city meeting the requirements of section 19-401, signed by registered voters equal in number to at least twenty-five percent of the votes cast for all candidates for mayor at the last pre…
Neb. Rev. Stat. § 19-4020 Business improvement district; created; location.
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A business improvement district may be created as provided by the Business Improvement District Act and shall be within the boundaries of a business area.
Neb. Rev. Stat. § 19-4021 Business improvement board; membership; powers; duties.
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The mayor, with the approval of the city council, shall appoint a business improvement board consisting of property owners, residents, business operators, or users of space within the business area to be improved. The boundaries of the business area shall be declared by resolutio…
Neb. Rev. Stat. § 19-4022 Business improvement board; members; terms; vacancy.
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The business improvement board shall consist of five or more members to serve such terms as the city council, by resolution, determines. The mayor, with the approval of the city council, shall fill any vacancy for the term vacated. A board member may serve more than one term. The…
Neb. Rev. Stat. § 19-4023 Utility facility within district; construct or alter; approval required; when.
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All public utilities or private companies having franchises for utilities from the city shall, before constructing any new utility facility valued in excess of five thousand dollars or substantially improving or changing existing facilities within a business improvement district,…
Neb. Rev. Stat. § 19-4026 Hearing to create a business improvement district; call by petition.
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In the event that the city council has not acted to call a hearing to create a business improvement district as provided in section 19-4029, it shall do so when presented with a petition signed by the record owners of thirty percent of the assessable front footage in a business a…
Neb. Rev. Stat. § 19-4027 Hearing to create a business improvement district; city council; duties; protest; effect.
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Whenever a hearing is held under section 19-4026 or 19-4029, the city council shall: (1) Hear all protests and receive evidence for or against the proposed action; (2) Rule upon all written protests received prior to the close of the hearing, which ruling shall be final; and (3) …
Neb. Rev. Stat. § 19-4028 Proposed business improvement district; boundary amendment; hearing continued; procedure.
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If the city council decides to change the boundaries of the proposed business improvement district or to change the proposed modifications to the boundaries of an existing business improvement district or districts from those recommended by the business improvement board, the hea…
Neb. Rev. Stat. § 19-4029 City council; ordinance to establish business improvement district; when; contents; taxation; basis.
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Upon receiving a recommendation from a business improvement board, the city council may create one or more business improvement districts. The city council, following a hearing, may establish or reject any proposed business improvement district or districts. If the city council d…
Neb. Rev. Stat. § 19-4029.01 Notice of hearing; manner given; contents; notice to neighborhood association.
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(1) At least ten days prior to the date of any hearing under sections 19-4026, 19-4029, 19-4029.02, and 19-4029.03, notice of such hearing shall be given by: (a) One publication of the notice of hearing in a legal newspaper in or of general circulation in the city; (b) Mailing a …
Neb. Rev. Stat. § 19-4029.02 Change of boundaries or functions or ordinance provisions; procedure; ordinance; hearing.
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Upon receiving a recommendation to change the boundaries or the functions or ordinance provisions of an existing business improvement district from the business improvement board, the city council may change the boundaries or the functions or ordinance provisions of one or more b…
Neb. Rev. Stat. § 19-4029.03 Hearing; call by petition.
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If a city council has not acted to call a hearing to change the boundaries or the functions or ordinance provisions of an existing business improvement district as provided in section 19-4029.02, it shall do so when presented with a petition signed (1) by the users of thirty perc…
Neb. Rev. Stat. § 19-4029.04 Hearing; city council; duties; protest; effect.
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Whenever a hearing is held to change the boundaries or the functions or ordinance provisions of an existing business improvement district under section 19-4029.02 or 19-4029.03, the city council shall: (1) Hear all protests and receive evidence for or against the proposed action;…
Neb. Rev. Stat. § 19-4029.05 Change of boundaries or functions or ordinance provisions; city council; ordinance; when; contents; taxation; basis.
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(1) The city council, following a hearing under section 19-4029.02 or 19-4029.03, may change the boundaries or the functions or ordinance provisions of any business improvement district or districts. If the city council decides to change the boundaries or the functions or ordinan…
Neb. Rev. Stat. § 19-403 Commission plan; proposal for adoption; frequency.
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If the proposition of adopting the commission plan of government is not adopted at the special election under section 19-402 by a majority vote, the question of adopting it shall not be again submitted in the same city within two years thereafter.
Neb. Rev. Stat. § 19-4030 Business improvement district; special assessment; purpose; notice; appeal; lien; area within riverfront development district; how treated.
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A city may levy a special assessment against the real estate located in a business improvement district, to the extent of the special benefit thereto, for the purpose of paying all or any part of the total costs and expenses of performing any authorized work, except maintenance, …
Neb. Rev. Stat. § 19-4031 Business improvement district; general business occupation tax; purpose; exceptions; notice; appeal; collection; basis; area within riverfront development district; how treated.
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(1) In addition to or in place of the special assessments authorized by the Business Improvement District Act, a city may levy a general business occupation tax upon the businesses and users of space within a business improvement district established for acquiring, constructing, …
Neb. Rev. Stat. § 19-4032 Business improvement district; additional assessment or levy; when; procedure.
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If, subsequent to the levy of taxes or assessments under the Business Improvement District Act, the use of any parcel of land shall change so that, had the new use existed at the time of making such levy, the assessment or levy on such parcel would have been higher than the levy …
Neb. Rev. Stat. § 19-4033 Special assessments or taxes; limitations; effect.
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The total amount of special assessments or general business occupation taxes levied under the Business Improvement District Act shall not exceed the total costs and expenses of performing the authorized work. The levy of any additional assessment or tax shall not reduce or affect…
Neb. Rev. Stat. § 19-4034 Business improvement district; special assessment or business occupation tax; exceptions; maintenance, repair, or reconstruction; levy; procedure.
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A city may levy a general business occupation tax, or a special assessment against the real estate located in a business improvement district to the extent of special benefit to such real estate, for the purpose of paying all or any part of the cost of maintenance, repair, and re…
Neb. Rev. Stat. § 19-4035 Business improvement district; dissolution; procedure.
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The city council may dissolve a business improvement district by ordinance after a hearing before the city council. The city council shall adopt a resolution of intention to dissolve the business improvement district at least fifteen days prior to the hearing required by this sec…
Neb. Rev. Stat. § 19-4036 Dissolved district; assets; disposition.
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Upon dissolution of a business improvement district, any proceeds of any general business occupation tax or the special assessment, or assets acquired with such proceeds, shall be subject to disposition as the city council shall determine.
Neb. Rev. Stat. § 19-4037 Funds and grants; use.
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Any city which has established one or more business improvement districts is authorized to receive, administer, and disburse donated funds or grants of federal or state funds for the purposes of and in the manner authorized by the Business Improvement District Act.
Neb. Rev. Stat. § 19-4038 Districts created prior to May 23, 1979; governed by act.
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Any business improvement district or any downtown improvement and parking district created prior to May 23, 1979, pursuant to sections 19-3401 to 19-3420 or 19-4001 to 19-4014, shall continue in existence and shall hereafter be governed by the Business Improvement District Act.
Neb. Rev. Stat. § 19-404 Adoption of commission plan; effect.
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If the proposition under section 19-402 is adopted for the commission plan of government at least sixty days prior to the next general city election in the city, then at the next general city election provided by law in such city, city council members shall be elected as provided…
Neb. Rev. Stat. § 19-405 City council members; nomination; candidate filing form; primary election; waiver.
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(1) Any person desiring to become a candidate for the office of city council member under the commission plan of government shall file a candidate filing form as provided in sections 32-606 and 32-607 and pay the filing fee as provided in section 32-608. (2) Candidates for city c…
Neb. Rev. Stat. § 19-406 Mayor and city council members; election.
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Elections for officers listed in section 19-415 shall be conducted as provided in the Election Act. The positions for which candidates are to be nominated or elected shall appear on the ballot in the order listed in section 19-415.
Neb. Rev. Stat. § 19-409 City council members; candidates; terms.
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(1) In a city under the commission plan of government, the two candidates for city council member receiving the highest number of votes at the primary election shall be placed upon the official ballot for such position at the statewide general election. If no candidates appeared …
Neb. Rev. Stat. § 19-411 City council members; bonds; vacancies, how filled.
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The city council members in a city under the commission plan of government shall qualify and give bond in the manner and amount provided by the existing laws governing the city in which they are elected. If any vacancy occurs in the office of city council member, the vacancy shal…
Neb. Rev. Stat. § 19-412 Officers; employees; compensation; mayor or city council member; salary; procedure.
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(1)(a) The officers and employees of a city under the commission plan of government shall receive such compensation as the mayor and city council shall fix by ordinance subject to the requirements in this section. Except as provided in subdivision (b) of this subsection, the sala…
Neb. Rev. Stat. § 19-413 City council; powers.
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The city council in a city under the commission plan of government shall have, possess, and exercise, by itself or through such methods as it may provide, all executive or legislative or judicial powers and duties previously held, possessed, or exercised under the then existing l…
Neb. Rev. Stat. § 19-414 City council; departments; assignment of duties.
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The executive and administrative powers, authorities, and duties in cities adopting the commission plan of government shall be distributed into and among departments as follows: In cities of the metropolitan class, (1) finance, (2) fire, (3) human resources, (4) human rights and …
Neb. Rev. Stat. § 19-415 Mayor; city council members; powers and duties; heads of departments.
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(1) In cities under the commission plan of government containing at least forty thousand and less than four hundred thousand inhabitants as determined by the most recent federal decennial census or the most recent revised certified count by the United States Bureau of the Census,…
Neb. Rev. Stat. § 19-416 Officers; employees; appointment; compensation; removal.
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The city council in a city under the commission plan of government shall, at its first meeting or as soon as possible thereafter, elect as many of the city officers provided for by the laws or ordinances governing such city as may, in the judgment of the city council, be essentia…
Neb. Rev. Stat. § 19-417 Offices and boards; creation; discontinuance.
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The city council in a city under the commission plan of government shall have power to discontinue any employment or abolish any office at any time, when, in the judgment of the city council, such employment or office is no longer necessary. The city council shall have power, at …
Neb. Rev. Stat. § 19-418 City council; meetings; quorum.
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In cities under the commission plan of government, the regular meetings of the city council in cities of the metropolitan class shall be held at least once in each week and upon such day and hour as the city council may designate. In all other cities under the commission plan of …
Neb. Rev. Stat. § 19-419 Mayor; city council members; office; duties.
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The mayor and city council members in a city under the commission plan of government shall maintain offices at the city hall, and the mayor shall regularly investigate all public affairs concerning the interest of the city and investigate and ascertain the efficiency and manner i…
Neb. Rev. Stat. § 19-421 Petitions; requirements; verification; costs.
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All petitions provided for in the Municipal Commission Plan of Government Act shall be subject to and meet the requirements of sections 32-628 to 32-630. Upon the filing of a petition, a city, upon passage of a resolution by the city council, and the county clerk or election comm…
Neb. Rev. Stat. § 19-422 Cities adopting the commission plan; laws applicable.
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All general state laws governing cities described in section 19-401 shall, according to the classification of such city, apply to and govern any city under the commission plan of government so far as such laws are applicable and not inconsistent with the provisions, intents, and …
Neb. Rev. Stat. § 19-423 Appropriations and expenses; alteration; power of first city council.
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If at the beginning of the term of office of the first city council elected under sections 19-401 to 19-409 the appropriations or distribution of the expenditures of the city government for the current fiscal year have been made, the city council shall have power, by ordinance, t…
Neb. Rev. Stat. § 19-4301 Public streets and sidewalks; sale of services or goods; permitted; closure; conditions.
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(1) The city council of any city may permit the public streets and sidewalks within such city to be occupied and used under a lease, license, or other permission by a person, business, or others for the sale of services or goods and may permit the placement of nonpermanent sidewa…
Neb. Rev. Stat. § 19-432 Commission plan; discontinuance; petition; election.
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Any city which shall have operated for more than four years under the commission plan of government may abandon organization thereunder, and accept the provisions of the general law of the state then applicable to cities of its population, by proceeding as follows: Upon a petitio…
Neb. Rev. Stat. § 19-433 Commission plan; discontinuance; petition; election; procedure.
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(1) Within ten days after the date of filing the petition asking for a special election on the issue of discontinuing the commission plan of government, the city clerk shall examine it and, with the assistance of the election commissioner or county clerk, ascertain whether the pe…
Neb. Rev. Stat. § 19-4624 Act, how cited.
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Sections 19-4624 to 19-4645 shall be known and may be cited as the Municipal Natural Gas System Condemnation Act.
Neb. Rev. Stat. § 19-4625 Eminent domain authorized.
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A city may acquire and appropriate a gas system through the exercise of the power of eminent domain if such power is exercised in the manner specified in and subject to the Municipal Natural Gas System Condemnation Act.
Neb. Rev. Stat. § 19-4626 Act; applicability.
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(1) A city may condemn the property of a utility which constitutes a portion of a gas system without complying with the Municipal Natural Gas System Condemnation Act if the condemnation is necessary for the public purpose of acquiring an easement or right-of-way across the proper…
Neb. Rev. Stat. § 19-4627 Terms, defined.
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For purposes of the Municipal Natural Gas System Condemnation Act: (1) City means a city of the primary class, city of the first class, city of the second class, or village; (2) Commission means the Public Service Commission; (3) Gas system means all or any portion of a gas plant…
Neb. Rev. Stat. § 19-4628 Resolution of intent.
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A city proposing to acquire a gas system through the exercise of the power of eminent domain shall initiate the process by ordering the preparation of a resolution of intent to pursue condemnation of the gas system in accordance with the requirements of the Municipal Natural Gas …
Neb. Rev. Stat. § 19-4629 Resolution of intent; contents.
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(1) A resolution of intent pursuant to section 19-4628 shall describe the property subject to the proposed condemnation, including the types of property and facilities to be subject to the condemnation and the extent and amount of property to be appropriated. The resolution of in…