2006 Nebraska Revised Statutes - § 17-301 — City of the first class; reorganization as city of the second class.

Section 17-301
City of the first class; reorganization as city of the second class.

(1) Whenever any city of the first class decreases in population until it has a population of less than five thousand inhabitants but not less than four thousand five hundred inhabitants, as ascertained and officially promulgated by the federal decennial census, the mayor of any such city shall certify such fact to the Secretary of State.

(2) Whenever any city of the first class decreases in population until it has a population of less than four thousand five hundred inhabitants but more than eight hundred inhabitants as ascertained and officially promulgated by the federal decennial census, the mayor of any such city shall certify such fact to the Secretary of State.

(3) Whenever the Secretary of State receives a certification pursuant to subsection (1) of this section from the same city after two consecutive federal decennial censuses, he or she shall declare such city to have become a city of the second class as provided in section 17-305.

(4) Whenever the Secretary of State receives a certification pursuant to subsection (2) of this section, he or she shall declare such city to have become a city of the second class as provided in section 17-305.

(5) Beginning on the date upon which a city becomes a city of the second class pursuant to section 17-305, such city shall be governed by the provisions of the statutes of the State of Nebraska applicable to cities of the second class.


Source:
    Laws 1933, c. 112, § 1, p. 452

    C.S.Supp.,1941, § 17-162

    R.S.1943, § 17-301

    Laws 1984, LB 1119, § 3

    Laws 2002, LB 729, § 5

Annotations:
    When it is definitely shown that a first-class city has decreased in population to less than five thousand inhabitants, the mayor of the city has a mandatory duty to certify such fact to the Governor. State ex rel. Cashman v. Carmean, 138 Neb. 819, 295 N.W. 801 (1941).



~Revised Statutes Cumulative Supplement, 2006

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