State Codes and Statutes

State Codes and Statutes

Statutes > Nebraska > Chapter16 > 16-122

16-122. Annexation of city of the second class or village; conditions.In addition to existing annexation powers, the mayor and council of any city of the first class may by ordinance annex any village or second-class city which is entirely surrounded by such city, if the following conditions exist:(1) The city has water mains adjacent to the village or second-class city which are available for extension into and have capacity to serve the village or second-class city;(2) The city has sanitary sewer lines adjacent to the village or second-class city which are available for extension into and have capacity to serve the village or second-class city;(3) The city has water and sewer treatment facilities which have the capacity to serve the village or second-class city; and(4) The city has police, fire, and snow removal facilities which have the capacity to serve the village or second-class city.In determining whether a village or second-class city is entirely surrounded by a city for annexation purposes, any land adjacent to the village or second-class city which is legally immune from annexation by either the city or the village, or second-class city, shall not be considered if the village or second-class city is otherwise surrounded by the city. SourceLaws 1969, c. 72, § 1, p. 394. AnnotationsThe requirement that the annexing city have sewer treatment facilities with capacity to serve the city annexed was to insure the residents of the annexed city sewer treatment service. City of Parkview v. City of Grand Island, 188 Neb. 267, 196 N.W.2d 197 (1972).