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LEGISLATURE OF NEBRASKA
ONE HUNDRED SIXTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 799
Introduced by Urban Affairs Committee: Wayne, 13, Chairperson; Arch, 14;
Briese, 41; Crawford, 45; Hansen, M., 26; Hunt, 8; Lowe,
37.
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 15-103, 15-104, 15-105, 15-106, 15-106.01, 15-106.02,
3 15-108, 15-110, 15-111, 15-112, 15-113, 15-115, 15-116, 15-117,
4 15-118, 15-201, 15-201.01, 15-204, 15-205, 15-207, 15-208, 15-209,
5 15-210, 15-212, 15-215, 15-216, 15-217, 15-218, 15-219, 15-220,
6 15-221, 15-222, 15-223, 15-224, 15-225, 15-228, 15-229, 15-229.01,
7 15-229.02, 15-230, 15-231, 15-234, 15-235, 15-235.01, 15-235.03,
8 15-236, 15-237, 15-238, 15-239, 15-240, 15-242, 15-243, 15-244,
9 15-247, 15-250, 15-252, 15-254, 15-255, 15-256, 15-257, 15-258,
10 15-259, 15-261, 15-262, 15-263, 15-264, 15-265, 15-266, 15-268.01,
11 15-269, 15-270, 15-271, 15-272, 15-273, 15-274, 15-307, 15-308,
12 15-309, 15-309.01, 15-310, 15-311, 15-314, 15-315, 15-316, 15-317,
13 15-322, 15-326, 15-332, 15-401, 15-402, 15-403, 15-406, 15-501,
14 15-502, 15-701, 15-701.01, 15-701.02, 15-702.01, 15-702.02,
15 15-702.03, 15-702.04, 15-708, 15-717, 15-720, 15-724, 15-725,
16 15-726, 15-727, 15-728, 15-729, 15-734, 15-735, 15-751, 15-752,
17 15-753, 15-754, 15-807, 15-808, 15-809, 15-810, 15-811, 15-812,
18 15-813, 15-814, 15-816, 15-817, 15-818, 15-819, 15-821, 15-822,
19 15-823, 15-824, 15-834, 15-835, 15-840, 15-841, 15-842.01, 15-845,
20 15-848, 15-901, 15-902, 15-1101, 15-1102, 15-1103, 15-1104, 15-1105,
21 15-1106, 15-1201, 15-1204, 15-1205, and 15-1305, Reissue Revised
22 Statutes of Nebraska, sections 15-102, 15-202, 15-211, 15-241,
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1 15-268, 15-404, 15-709, 15-713, 15-718, 15-905, 15-1017, 15-1202,
2 and 15-1203, Revised Statutes Cumulative Supplement, 2018, and
3 section 84-304, Revised Statutes Supplement, 2019; to change
4 provisions relating to cities of the primary class; to correct and
5 include references as prescribed; to define extraterritorial zoning
6 jurisdiction for public health and city planning purposes; to
7 restate findings relating to offstreet parking; to change and
8 eliminate certain provisions relating to street railways; to
9 harmonize provisions; to repeal the original sections; and to
10 outright repeal sections 15-730, 15-731, 15-732, and 15-733, Reissue
11 Revised Statutes of Nebraska.
12 Be it enacted by the people of the State of Nebraska,
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1 Section 1. Section 15-102, Revised Statutes Cumulative Supplement,
2 2018, is amended to read:
3 15-102 Whenever any city of the first class attains shall attain a
4 population of more than one hundred thousand inhabitants as determined by
5 the most recent federal decennial census or the most recent revised
6 certified count by the United States Bureau of the Census, the mayor of
7 such city shall certify such fact to the Secretary of State, who upon the
8 filing of such certificate shall by proclamation declare such city to be
9 a city of the primary class.
10 Sec. 2. Section 15-103, Reissue Revised Statutes of Nebraska, is
11 amended to read:
12 15-103 The government of a city of the first class which is declared
13 to be a city of the primary class pursuant to section 15-102 such city
14 shall continue in authority from the date of such declaration
15 proclamation until reorganization as a city of the primary class.
16 Sec. 3. Section 15-104, Reissue Revised Statutes of Nebraska, is
17 amended to read:
18 15-104 The corporate limits of a city of the first class which is
19 declared to be a city of the primary class pursuant to section 15-102
20 such city shall remain as before such declaration. The and the city
21 council may by ordinance at any time include within the corporate limits
22 of such city any contiguous or adjacent lands, lots, tracts, streets, or
23 highways such distance and in such direction as may be deemed proper. The
24 city council , and may include, annex, merge, or consolidate with such
25 city, by such extension of its corporate limits, any village which is
26 within the extraterritorial zoning jurisdiction limits of such city, and
27 which it serves with water service or supply or with a sanitary sewerage
28 system and service, or both such water and sanitary sewerage service.
29 Such city shall have power by ordinance to compel owners of land so
30 brought within the corporate limits to lay out streets and public ways to
31 conform to and be continuous with the streets and ways of such city, or
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1 otherwise as appears best for the convenience of the inhabitants of such
2 city and the public. Such city It may vacate any public road established
3 through such land when necessary to secure regularity in the general
4 system of its public ways.
5 Sec. 4. Section 15-105, Reissue Revised Statutes of Nebraska, is
6 amended to read:
7 15-105 For purposes of sections 15-104 to 15-106.02, land Land
8 shall be deemed contiguous although a stream, embankments, or a strip or
9 parcel of land, not more than five hundred feet wide, lies between such
10 land and the corporate limits.
11 Sec. 5. Section 15-106, Reissue Revised Statutes of Nebraska, is
12 amended to read:
13 15-106 (1) The owner proprietor of any land within the corporate
14 limits of a city of the primary class or contiguous thereto may lay out
15 such land into lots, blocks, public ways, and other grounds under the
16 name of ................. addition to the city of .................. and
17 shall cause an accurate plat thereof to be made, designating explicitly
18 the land so laid out and particularly describing the lots, blocks, public
19 ways, and grounds belonging to such addition. The lots shall be
20 designated by number and by street. Public ways and other grounds shall
21 be designated by name and by number. Such plat shall be acknowledged
22 before some officer authorized to take acknowledgment of deeds and shall
23 have appended to it a certificate made by a registered land surveyor that
24 he or she has accurately surveyed such addition and that the lots,
25 blocks, public ways, and other grounds are staked and marked as required
26 by such city.
27 (2) When such plat is made, acknowledged, and certified, complies
28 with the requirements of section 15-901, and is approved by the city
29 planning commission, such plat shall be filed and recorded in the office
30 of the register of deeds and county assessor of the county in which the
31 land is located. In lieu of approval by the city planning commission, the
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1 city council may designate specific types of plats which may be approved
2 by the city planning director. No plat shall be recorded in the office of
3 the register of deeds or have any force or effect unless such plat is
4 approved by the city planning commission or the city planning director.
5 The plat shall, after being filed with the register of deeds, be
6 equivalent to a deed in fee simple absolute to the city, from the owner
7 proprietor, of all streets, all public ways, squares, parks, and commons,
8 and such portion of the land as is therein set apart for public use or
9 dedicated to charitable, religious, or educational purposes.
10 (3) All additions thus laid out shall remain a part of the city, and
11 all additions, except those additions as set forth in sections 15-106.01
12 and 15-106.02, laid out adjoining or contiguous to the corporate limits
13 of a city of the primary class shall be included therein and become a
14 part of the city for all purposes. The inhabitants of such addition shall
15 be entitled to all the rights and privileges and subject to all the laws,
16 ordinances, rules, and regulations of the city. The mayor and city
17 council shall have power by ordinance to compel owners of any such
18 addition to lay out streets and public ways to correspond in width and
19 direction and to be continuous with the streets and public ways in the
20 city or additions contiguous to or near the proposed addition.
21 (4) No addition shall have any validity, right, or privilege as an
22 addition unless the terms and conditions of such ordinance and of this
23 section are complied with, the plats thereof are submitted to and
24 approved by the city planning commission or the city planning director,
25 and the approval of the city planning commission or the city planning
26 director is endorsed thereon. The city council may provide procedures in
27 land subdivision regulations for appeal by any person aggrieved by any
28 action of the city planning commission or city planning director on any
29 plat.
30 Sec. 6. Section 15-106.01, Reissue Revised Statutes of Nebraska, is
31 amended to read:
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1 15-106.01 Commencing on April 17, 1982, an addition which has been
2 approved pursuant to section 15-106 and is adjoining or contiguous to the
3 corporate boundaries of a the city of the primary class but which
4 includes land which lies wholly or partially (1) outside of the area
5 designated and described as being for future urban uses in the
6 comprehensive plan adopted by the city pursuant to sections 15-1102 and
7 15-1103 and (2) within a zoning district adopted pursuant to section
8 15-902 which allows a residential density of not more than one dwelling
9 per acre shall be included within the corporate limits of the city only
10 upon the enactment of a city ordinance specifically annexing such
11 addition.
12 Sec. 7. Section 15-106.02, Reissue Revised Statutes of Nebraska, is
13 amended to read:
14 15-106.02 Commencing on April 17, 1982, an addition which has been
15 approved pursuant to section 15-106 and is adjoining or contiguous to the
16 corporate boundaries of a the city of the primary class, but which (1)
17 includes land which lies wholly or partially within the area designated
18 as being for future urban uses in the comprehensive plan adopted by the
19 city pursuant to sections 15-1102 and 15-1103 and (2) is set aside in
20 such comprehensive plan as an agricultural-industrial reserve shall be
21 included within the corporate limits of the city only upon the enactment
22 of a city ordinance specifically annexing such addition.
23 Sec. 8. Section 15-108, Reissue Revised Statutes of Nebraska, is
24 amended to read:
25 15-108 When any city of the first class is declared shall be
26 incorporated as a city of the primary class pursuant to section 15-102,
27 all its trusts, rights, and privileges of such city of the first class
28 shall be transmitted to and be invested in such city of the primary class
29 latter corporation.
30 Sec. 9. Section 15-110, Reissue Revised Statutes of Nebraska, is
31 amended to read:
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1 15-110 Precinct lines in that part of the county not under township
2 organization within the corporate limits of a city of the primary class
3 shall correspond in number with the ward and be coextensive with such
4 limits, except that therewith; Provided, when a ward is divided into
5 election districts, the precinct corresponding with such ward shall be
6 divided to correspond with the election district.
7 Sec. 10. Section 15-111, Reissue Revised Statutes of Nebraska, is
8 amended to read:
9 15-111 A city of the second class or village, which adjoins a city
10 of the primary class, as well as other villages either adjoining such
11 city of the second class or village villages, or supplied in whole or in
12 part with gas, electric light, or street transportation service or supply
13 from manufacturing or power plants and systems mainly located in and
14 maintained and operated mainly from chief headquarters or offices within
15 such city of the primary class, may be consolidated with such city of the
16 primary class in the manner provided in sections 15-111 to 15-118
17 hereinafter set out. It shall be the duty of the officers of such cities
18 of the second class and villages twenty days prior to any general city or
19 village election, to submit to the electors of such cities or villages
20 thereof at such general city or village election whenever petitioned to
21 do so by twenty percent of the qualified electors of such cities or
22 villages thereof, the question of the consolidation of such adjoining
23 cities or villages with the city of the primary class. Such question
24 shall be submitted in substantially the following form:
25 Shall the city of ........... be consolidated with the city
26 of ........... ? Or, as the case may be, Shall the village of ..........
27 be consolidated with the city of .......... ? The ballot shall provide in
28 the usual manner for a Yes and No vote on the question.
29 Sec. 11. Section 15-112, Reissue Revised Statutes of Nebraska, is
30 amended to read:
31 15-112 If at an such election held pursuant to section 15-111 a
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1 majority of the vote cast in a city of the second class or village such
2 municipality shall be in favor of such consolidation, the result shall be
3 certified to the city council of the city of the primary class. If the
4 city council of such city of the primary class approves of the
5 consolidation, an ordinance shall be passed extending the limits of such
6 city to include all the territory of the city of the second class or
7 village voting for consolidation, and the city or cities, village or
8 villages, so consolidated with the city of the primary class shall become
9 a part thereof.
10 Sec. 12. Section 15-113, Reissue Revised Statutes of Nebraska, is
11 amended to read:
12 15-113 Whenever any city of the primary class shall extend its
13 boundaries so as to annex any village, or whenever there is consolidation
14 taking effect in the manner herein provided in sections 15-111 to 15-118,
15 the charter, laws, ordinances, powers, and government of such city of the
16 primary class, shall at once extend over the territory embraced within
17 any such city or village so annexed or consolidated with it. Such ; and
18 such city of the primary class shall succeed to all the property and
19 property rights of every kind, contracts, obligations, and choses in
20 action of every kind held by or belonging to such the city or village so
21 annexed or consolidated with it, ; and it shall be liable for and assume
22 and carry out all valid contracts, obligations, franchises, and licenses
23 of any such city or village so annexed or consolidated with it. Such city
24 or village so annexed or consolidated with such city of the primary class
25 shall be deemed fully compensated by virtue of such annexation or
26