Nebraska Laws Pertaining to
Libraries & Library Operations
|Chapter 17. Cities of the Second Class and Villages|
|§§ 17-101, 201, 967-969|
Cities of the second class, defined; population; exception.
All cities, towns, and villages containing
more than eight hundred and not more than five thousand
inhabitants shall be cities of the second class and be governed
by the provisions of sections 17-101 to 17-153 unless they adopt
a village government as provided in sections 17-306 to 17-309.
The population of a city of the second class shall consist of the
people residing within the territorial boundaries of such city
and the residents of any territory duly and properly annexed to
Laws 1879, § 1, p. 193; Laws 1885, c. 16, § 1, p. 156; R.S.1913, § 4993;
C.S.1922, § 4162; C.S.1929, § 17-101; R.S.1943, § 17-101;
Laws 1971, LB 62, § 1; Laws 1993, LB 726, § 6.
Village, defined; incorporation; restriction on territory;
Any town or village containing not less than
one hundred nor more than eight hundred inhabitants incorporated
as a city, town, or village under the laws of this state and any
city of the second class that has adopted village government as
provided by law shall be a village and shall have the rights,
powers, and immunities hereinafter granted, and none other,
except that all county seat towns shall have the powers and
immunities as hereinafter granted. The population of a village
shall consist of the people residing within the territorial
boundaries of such village and the residents of any territory
duly and properly annexed to such village.
Whenever a majority of the taxable inhabitants of any
town or village, not incorporated under any laws of this state,
shall present a petition to the county board of the county in
which the petitioners reside, praying that they may be
incorporated as a village and designating the name they wish to
assume and the metes and bounds of the proposed village, and such
county board or majority of the members thereof shall be
satisfied that a majority of the taxable inhabitants of the
proposed village have signed such petition and that inhabitants
to the number of one hundred or more are actual residents of the
territory described in the petition, the board shall declare the
proposed village incorporated, enter the order of incorporation
upon its records, and designate the metes and bounds thereof.
Thereafter the village shall be governed by the provisions of law
applicable to the government of villages. The county board
shall, at the time of the incorporation of the village, appoint
five persons, having the qualifications provided in section
17-203, as trustees, who shall hold their offices and perform all
the duties required of them by law until
the election and qualification of their successors at the time
and in the manner provided in section 17-202, except that the
county board shall not declare a proposed village incorporated or
enter an order of incorporation if any portion of the territory
of such proposed village is within five miles of a Nebraska
incorporated village or city of any class.
Laws 1879, § 40, p. 202; Laws 1881, c. 22, § 1, p. 165;
Laws 1913, c. 137, § 1, p. 335; R.S.1913, § 5051; C.S.1922, § 4223;
C.S.1929, § 17-201; R.S.1943, § 17-201; Laws 1961, c. 48, § 1, p. 188;
Laws 1969, c. 91, § 1, p. 454; Laws 1971, LB 62, § 2;
Laws 1993, LB 726, § 7.
Bonds; city of the second class or village; municipal library;
issuance; interest; conditions; limitations; tax levy.
Any city of the second class or village
organized according to law is hereby authorized to issue bonds in
aid of improving municipal libraries of cities of the second
class and villages in an amount not exceeding seven-tenths of one
percent of the taxable valuation of all the taxable property, as
shown by the last assessment, within such city of the second
class or village in the manner directed in this section:
- A petition signed by not less than fifty
freeholders of the city of the second class or village shall be
presented to the city council of cities of the second class or
board of trustees of villages. Such petition shall set forth the
nature of the work contemplated, the amount of bonds sought to be
voted, the rate of interest, and the length of time such bonds
run, which in no event shall be less than five years nor more
than twenty years from the date thereof. The petitioners shall
give bond to be approved by the city council of cities of the
second class or board of trustees of villages for the payment of
the expenses of the election in the event that the proposition
fails to receive a majority of the votes cast at such election;
- Upon the receipt of such petition, the city council
of cities of the second class or board of trustees of villages
shall give notice and call an election in the city of the second
class or village. Such notice, call, and election shall be
governed by the laws regulating an election for voting bonds for
such city or village. When a proposition is submitted for the
issuance of bonds for the acquisition of a site or the
construction of a single building for the purpose of housing the
municipal public library in cities of the second class or
villages, it shall be required as a condition precedent to the
issuance of such bonds that a majority of the votes cast shall be
in favor of such proposition. Bonds in such a city shall not be
issued for such purpose in the aggregate to exceed one and
four-tenths percent of the taxable valuation of all the taxable
property in such a city as shown by the last assessment within
such city of the second class.
Laws 1967, c. 33, § 3, p. 154; Laws 1969, c. 51, § 60, p. 310;
Laws 1971, LB 534, § 21; Laws 1979, LB 187, § 66;
Laws 1992, LB 719A, § 66.
Bonds; issuance; record; registration.
If a majority of the votes cast at such
election shall be in favor of the proposition, the city council
of cities of the second class, or board of trustees of villages
shall, as the case may be, without delay, cause to be prepared
and shall issue the bonds in accordance with the petition and
notice of election; such bonds shall be signed by the mayor and
city clerk of cities of the second class, chairman of the board
of trustees and village clerk of villages, and be attested by the
respective seals. The village clerk of villages, or city clerk
of cities of the second class, as the case may be, shall enter
upon the records of the council, the petition, bond, notice and
call for the election, canvass of the vote, the number, amount
and interest, and the date at which each bond issued shall become
payable; and shall also cause such bonds to be registered in the
office of the Auditor of Public Accounts.
Laws 1967, c. 33, § 4, p. 156; Laws 1971, LB 534, § 22.
Bonds; sinking fund; interest; levy.
The city councils of cities of the second
class, or boards of trustees of villages or the person charged
with levying the taxes, shall each year until the bonds issued
under the authority of section 17-967 be paid, levy upon the
taxable property in the city of the second class or village, a
tax sufficient to pay the interest and five percent of the
principal as a sinking fund; and at the tax levy preceding the
maturity of any such bonds, levy an amount sufficient to pay the
principal and interest due on such bonds.
Laws 1967, c. 33, § 5, p. 156.