14-360. Sewerage and drainage; regulations; creation of districts; powers of city; territory outside corporate limits.

329 words·~1 min read·/ne/chapter-14/14-360

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Except as provided in subsection

(2)of this section, a city of the metropolitan class shall have the power to:

(a)Lay out the city, or parts thereof, or portions of the extraterritorial zoning jurisdiction of the city, into suitable districts for the purpose of establishing a system of sewerage and drainage;

(b)Provide such system and regulate the construction and repair and use of sewers and drains, the reconstruction of sewers in any district or part of such district, and all proper house construction and branches;

(c)Provide penalties for any obstruction of, or injury to, any sewer or part of such sewer; and

(d)Require and compel sewer connections to be made.

(2)The city shall not create a district outside the corporate limits of such city when the district includes land already included within a sanitary and improvement district without the consent of the trustees of such district.

City has power to create a sewerage district and construct therein a sewerage system, but the exercise of such power is discretionary. Wilson v. City of Omaha, 138 Neb. 13, 291 N.W. 732 (1940).

City is authorized but is not required to construct storm sewers. Adams v. City of Omaha, 119 Neb. 753, 230 N.W. 680 (1930).

City may create new district within larger one and assess cost on abutting owners according to special benefits derived therefrom, and party seeking to enjoin collection of assessment must show injury by said division. Shannon v. City of Omaha, 73 Neb. 507, 103 N.W. 53 (1905), affirmed on rehearing 73 Neb. 514, 106 N.W. 592 (1906).

Unless finding of board shows that benefits are equal as to all lots within sewerage district, levy according to frontage is void. John v. Connell, 64 Neb. 233, 89 N.W. 806 (1902).

City cannot include property not specially benefited thereby in sewerage district and levy assessment on it for cost of sewer. Hanscom v. City of Omaha, 11 Neb. 37, 7 N.W. 739 (1881).