State Codes and Statutes

State Codes and Statutes

Statutes > Nebraska > Chapter16 > 16-130

16-130. Annexation by city within county between100,000 and 200,000 inhabitants; mayor and city council; powers; notice; contents;liability; limitation on action.(1) The provisions of this section shall govern annexationby a city of the first class located in whole or in part within the boundariesof a county having a population in excess of one hundred thousand inhabitantsbut less than two hundred thousand inhabitants.(2) Except asprovided in sections 13-1111 to 13-1120 and subject to this section, the mayorand city council of a city of the first class described in subsection (1)of this section may by ordinance at any time include within the corporatelimits of such city any contiguous or adjacent lands, lots, tracts, streets,or highways as are urban or suburban in character and in such direction asmay be deemed proper. Such grant of power shall not be construed as conferringpower upon the mayor and city council to extend the limits of such a cityover any agricultural lands which are rural in character.(3) The invalidityof the annexation of any tract of land in one ordinance shall not affect thevalidity of the remaining tracts of land which are annexed by the ordinanceand which otherwise conform to state law.(4) Any owner of property contiguous oradjacent to such a city may by petition request that such property be includedwithin the corporate limits of such city.(5) Notwithstanding the requirements ofthis section, the mayor and city council are not required to approve any petitionrequesting annexation or any resolution or ordinance proposing to annex landpursuant to this section.(6) Not later than fourteen days prior to the public hearing beforethe planning commission on a proposed annexation by the city, the city clerkshall send notice of the proposed annexation by certified mail, return receiptrequested, to any of the following entities serving customers in such cityor in the area proposed for annexation: Any natural gas public utility asdefined in section 66-1802; any natural gas utility owned or operated by thecity; any metropolitan utilities district; any public power district; anypublic power and irrigation district; any municipality; any electric cooperative;and any other governmental entity providing electric service. Such noticeshall include a copy of the proposed annexation ordinance, the date, time,and place of the public hearing before the planning commission on the proposedannexation ordinance, and a map showing the boundaries of the area proposedfor annexation.(7) Prior to the final adoption of the annexation ordinance, theminutes of the city council meeting at which such final adoption was consideredshall reflect formal compliance with the provisions of subsection (6) of thissection.(8) No additional or further notice beyond that required by subsection(6) of this section shall be necessary in the event (a) that the scheduledcity council public hearing on the proposed annexation is adjourned, continued,or postponed until a later date or (b) that subsequent to providing such noticethe ordinance regarding such proposed annexation was amended, changed, orrejected by action of the city council prior to formal passage of the annexationordinance.(9) Except for a willful or deliberate failure to cause notice tobe given, no annexation decision made by a city either to accept or rejecta proposed annexation, either in whole or in part, shall be void, invalidated,or affected in any way because of any irregularity, defect, error, or failureon the part of the city or its employees to cause notice to be given as requiredby this section if a reasonable attempt to comply with this section was made.(10) Exceptfor a willful or deliberate failure to cause notice to be given, the cityand its employees shall not be liable for any damage to any person resultingfrom any failure to cause notice to be given as required by this section whena reasonable attempt was made to provide such notice. No action for damagesresulting from the failure to cause notice to be provided as required by thissection shall be filed more than one year following the date of the formalacceptance or rejection of the proposed annexation, either in whole or inpart, by the city council.(11) No action to challenge the validity of the acceptance or rejectionof a proposed annexation on the basis of this section shall be filed morethan one year following the date of the formal acceptance or rejection ofthe annexation by the city council. SourceLaws 2009, LB495, § 4.