(a) Procedure for Filing; Notification to Claimant of Disallowance. All claims against the City, including claims for personal injury, but not including officers' salaries and interest upon public debts, must be filed with the Clerk-Treasurer. Upon the filing of any such claim, the party shall state therein his post office address. Upon the disallowance of any such claim, it shall be the duty of the Clerk-Treasurer to notify the claimant, his agent or attorney by letter mailed to such address within five days after such disallowance.
(1958 Code § 2.9)
(b) Appeal by Claimant Upon Disallowance by Council. When the claim of any person against the City, except a tort claim as defined in Section 23-2402, Revised Statutes of Nebraska, 1943, Reissue of 1974, as amended, is disallowed in whole or in part by Council, such person may appeal from the decision of Council to the District Court of the County by causing a written notice to be served on the Clerk-Treasurer within twenty days after making such decision and executing a bond to the City, with good and sufficient sureties to be approved by the Clerk-Treasurer, conditioned upon the faithful prosecution of such appeal and the payment of all costs that may be adjudged against the appellant.
(c) Appeal by Taxpayer from an Allowance by Council. Any taxpayer may likewise appeal from the allowance of any claim against the City, except a tort claim as defined in Section 23-2402, Revised Statutes of Nebraska, 1943, Reissue of 1974, as amended, by serving a written notice upon the Clerk-Treasurer within ten days from an allowance of a claim and giving bond similar to that provided for in subsection (b) hereof. However, when Council, by ordinance, provides for the publication of the list of claims allowed, giving the amounts allowed and the names of the persons to whom allowed, in a newspaper printed and published and of general circulation in the City, such appeal may be taken by a taxpayer by serving a notice thereof within such time after such publication as may be fixed by such ordinance and by giving bond for such appeal within ten days after such allowance.
(d) Duties of Clerk-Treasurer Upon Appeal; Appeal Procedure. The Clerk-Treasurer, upon an appeal as referred to in subsections (b) and (c) hereof being taken, and upon being paid the proper fees therefor, including fees for filing the same in the District Court, shall make out a transcript of the proceedings of Council, the Mayor and other officers as relate to the presentation and allowance or disallowance of such claim and shall file the same with the Clerk of the District Court within thirty days after the decision allowing or disallowing the claim and paying the proper commencement fees. Such appeal shall be entered on the docket of the Court and shall be tried and determined according to the general laws of the State regulating appeals in actions at law. No appeal bond shall be required of the City by any Court in the case of an appeal by the City, and judgment shall be stayed pending such appeal. (Adopting Ordinance)
(e) Personal Injuries Arising from Defective Public Places. The City shall not be liable for damages arising from defective streets, alleys, sidewalks, public parks or other public places within the City unless actual notice in writing of the accident or injury complained of, with a statement of the nature and extent thereof and of the time when and the place where the same occurred, is proved to have been given to the Mayor or Clerk-Treasurer within thirty days after the occurrence of such accident or injury. It is the duty of the Clerk-Treasurer to keep a record of such notice, showing the time when and by whom such notice was given and describing the negligence complained of, and to file such notice at once and report the same to Council at its next meeting. However, no costs shall be recovered against the City in any action brought against the City for personal injury sustained by reason of negligence of the City if the claim therefor has not been presented to Council to be audited, nor upon claims allowed in part, unless the recovery is for a greater sum than the amount allowed, with the interest thereon.
(1958 Code § 2.13)