12-643.   Same; appeal to district court;bond; transcript, filing.Any person, firm or corporation who has filed objections and had ahearing as herein provided, feeling aggrieved by the decision andjudgment of the governing body, may appeal to the district court of thecounty in which said city is situated upon giving a bond, payable tothe city and any owner of property liable to be injured and conditionedthat in the event that the amount of the judgment recovered is notgreater than the damage allowed by said city, they will pay all damageswhich may accrue to the city and to the property liable to be injured byreason of the overflow of said watercourse caused by delay in makingimprovements by reason of the appeal. The bonds shall be approved by andfiled with the city clerk within ten days after the rendition of thedecision appealed from.

      Within twenty days after the filing of the bond, said city clerkshall make and file a transcript of said hearing, together with all thepapers relating thereto, with the clerk of the district court. Upon thefiling of the transcript and bond, the district court shall havejurisdiction of the cause and the same shall be docketed and filed as inappeals in other civil actions. The district court shall hear allcompetent evidence as to benefits received and damages sustained forsaid improvements. All objections that shall be filed shall be heard anddetermined by the court as one proceeding and only the one transcript ofthe final order of the governing body of said city shall be required.The clerk of the district court, upon the rendition of said judgment,shall forthwith certify the decision of the court to the governing bodyof said city, who shall take such action as may be rendered necessary bysuch decision.

      History:   L. 1917, ch. 87, § 9; R.S. 1923, § 12-643; L. 1977,ch. 105, § 1; July 1.