(A) Pursuant to Neb. RS 19-2402, as amended or superseded, the City Council, whenever it shall deem it necessary and advisable to extend municipal water service to territory beyond the existing systems, may, by ordinance, create a district or districts to be known as water extension districts, for the purposes, and the district or districts may include properties within the corporate limits of the city and one mile beyond the same. The ordinance shall state the size and kind of water mains proposed to be constructed in the district and shall designate the location and terminal points thereof. The ordinance shall also refer to the plans and specifications for the utility extensions which shall have been made and filed with the City Clerk by the City Engineer prior to the introduction of the ordinance, and the City Engineer, at the time of filing the plans and specifications, shall make and file an estimate of the total cost of the proposed utility extension. The ordinance shall also state the outer boundaries of the district or districts in which it is proposed to make special assessments.
(B) Unless sufficient owners of lots and lands abutting upon any street, avenue or alley, or part thereof, within the extension district, shall petition therefor, as provided by the laws of the state, including, but not limited to, Neb. RS 19-2403, is amended or superseded, the improvement shall not be made until not less than three-fourths of all of the members of the City Council, by vote, assent to the making of the same. The City Council, upon the petitioner by the vote, shall order the water extension main laid out and, to the extent of special benefit, assess the cost thereof against the property abutting upon the street, avenue or alley or part thereof, and which is located within the utility district within which the water extension main has been so placed. The assessment of special taxes for water extension mains so provided for and constructed shall be levied at one time, shall be a lien on the real estate from and after the date of the levy thereof, and shall be collected and shall draw interest as provided by the laws of the state, including, but not limited to, Neb. RS 19-2404 and 19-2405, as amended or superseded. For the purpose of paying the cost of any water service extension, in any district, the City Council may, by ordinance, cause to be issued bonds of the city, as provided by the laws of the state, including, but not limited to, Neb. RS 19-2405, as amended or superseded; provided that, if a sufficient written protest shall be filed as provided by the laws of the state, including, but not limited to, Neb. RS 19-2405, as amended or superseded, the ordinance shall not be passed. In lieu of the general obligation bonds, the city may issue revenue bonds as provided in Neb. RS 18-502, as amended or superseded, to pay all or part of the cost of the construction of the improvement.
(C) Special taxes may be levied by the City Council for the purpose of paying the cost of constructing extension water mains, as provided herein. The special tax shall be levied on the real property lying and being within the utility main district in which the extension mains may be situated to the extent of benefits to the property by reason of the improvement, the benefits to the property being determined by the City Council, sitting as a board of equalization, after notice to property owners, as provided in other cases of special assessment. After the City Council, sitting as the board of equalization, shall find the levy may be made as provided by the laws of the state, including, but not limited to, Neb. RS 19-2407, as amended or superseded, and all taxes shall be collected in the same manner as general city taxes and shall be subject to the same penalty.
(D) For the purpose of making partial payments as the work progresses, warrants may be issued by the City Council, and the warrants shall be registered, shall bear interest and shall be redeemed and paid as provided by the laws of the state, including, but not limited to, Neb. RS 19-2406, is amended or superseded.
(Prior Code, § 3-704)
Statutory reference:
Related provisions, see Neb. RS 18-502, 19-2402 through 19-2405, 19-2406 19-2407