LB796 LB796
2020 2020
LEGISLATURE OF NEBRASKA
ONE HUNDRED SIXTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 796
Introduced by Hansen, M., 26.
Read first time January 08, 2020
Committee: Urban Affairs
1 A BILL FOR AN ACT relating to cities of the primary class; to amend
2 sections 15-840, 15-841, 15-1201, and 15-1205, Reissue Revised
3 Statutes of Nebraska; to change provisions relating to allowance,
4 disallowance, and appeals of claims against a city; and to repeal
5 the original sections.
6 Be it enacted by the people of the State of Nebraska,
-1-
LB796 LB796
2020 2020
1 Section 1. Section 15-840, Reissue Revised Statutes of Nebraska, is
2 amended to read:
3 15-840 All liquidated and unliquidated claims and accounts payable
4 against a the city of the primary class shall: (1) Be presented in
5 writing; (2) state the name of the claimant and the amount of the claim;
6 and (3) fully and accurately identify the items or services for which
7 payment is claimed or the time, place, nature, and circumstances giving
8 rise to the claim. The city finance director shall be responsible for the
9 preauditing and recommending approval or denial of all claims and
10 accounts payable, and no warrant in payment of any claim or account
11 payable shall be made drawn or paid without such approval. Claims made as
12 provided in this section shall be presented to the city council for
13 approval or denial. In order to maintain an action for a claim, other
14 than a tort claim as defined in section 13-903, it shall be necessary, as
15 a condition precedent, that the claimant file such claim within one year
16 of the accrual of such claims thereof, in the office of the city clerk,
17 or other official whose duty it is to maintain the official records of a
18 primary-class city of the primary class.
19 Sec. 2. Section 15-841, Reissue Revised Statutes of Nebraska, is
20 amended to read:
21 15-841 Any taxpayer of a the city of the primary class, after the
22 allowance in whole or in part of any liquidated or unliquidated claim, or
23 the claimant, after the disallowance in whole or in part of any such
24 claim, may appeal therefrom to the district court of the county in which
25 the city is situated in accordance with the procedures set forth in
26 sections 15-1201 to 15-1205. In an appeal by a taxpayer, if in case the
27 claimant finally recovers judgment for as great a sum exclusive of
28 interest as was allowed by the city council, such appellant shall pay all
29 costs of such appeal. In an appeal by a claimant in case claimant fails
30 to recover as great a sum exclusive of interest as was allowed by the
31 city council, such claimant shall pay all costs. No payment warrant shall
-2-
LB796 LB796
2020 2020
1 issue for the payment of any such claim until the appeal is finally
2 determined. No appeal bond shall be required of the city by any court in
3 case of appeal by the city, and judgment shall be stayed pending such
4 appeal.
5 Sec. 3. Section 15-1201, Reissue Revised Statutes of Nebraska, is
6 amended to read:
7 15-1201 Any person or persons, jointly or severally aggrieved by any
8 final administrative or judicial order or decision of the board of zoning
9 appeals, the board of equalization, the city council, or any other board
10 or officer or department or board of a city of the primary class may ,
11 shall, except as provided for claims in sections 15-840 to 15-842.01,
12 appeal from such order or decision to the district court as provided in
13 sections 15-1201 to 15-1205 in the manner herein prescribed.
14 Sec. 4. Section 15-1205, Reissue Revised Statutes of Nebraska, is
15 amended to read:
16 15-1205 The district court shall hear the appeal as in equity and
17 without a jury and determine anew all questions raised before the city
18 based on the record presented to the board of zoning appeals, the board
19 of equalization, the city council, or any other board or officer or
20 department of a city of the primary class. The court may reverse or
21 affirm, wholly or partly, or may modify the order or decision brought up
22 for review. Either party may appeal from the decision of the district
23 court to the Court of Appeals.
24 Sec. 5. Original sections 15-840, 15-841, 15-1201, and 15-1205,
25 Reissue Revised Statutes of Nebraska, are repealed.
-3-


Statutes affected:
Introduced: 15-840, 15-841, 15-1201, 15-1205