2006 Nebraska Revised Statutes - § 17-538 — Waterworks; use of water; rates or rental; collection.

Section 17-538
Waterworks; use of water; rates or rental; collection.

Such cities and villages shall have the right and power to tax, assess, and collect from the inhabitants thereof such tax, rent or rates for the use and benefit of water used or supplied to them by such waterworks, mains, portion or extension of any system of waterworks or water supply as the council or board of trustees shall deem just or expedient; and all such water rates, taxes or rent shall be a lien upon the premises, or real estate, upon or for which the same is used or supplied; and such taxes, rents or rates shall be paid and collected and such lien enforced in such manner as the council or board of trustees shall by ordinance direct and provide.

Source:

Laws 1881, c. 23, § 8, XV, p. 179

Laws 1885, c. 20, § 1, XV, p. 169

Laws 1887, c. 12, § 1, XV, p. 298

Laws 1893, c. 8, § 1, p. 135

Laws 1903, c. 21, § 1, p. 252

Laws 1905, c. 30, § 1, p. 258

Laws 1907, c. 17, § 1, p. 128

R.S.1913, § 5118

Laws 1917, c. 103, § 1, p. 273

Laws 1919, c. 48, § 1, p. 139

Laws 1919, c. 52, § 1, p. 152

Laws 1919, c. 46, § 2, p. 133

C.S.1922, § 4292

Laws 1925, c. 41, § 1, p. 159

C.S.1929, § 17-441

Laws 1935, c. 34, § 1, p. 143

C.S.Supp.,1941, § 17-441

Annotations:

The power to fix rates for furnishing water to city and inhabitants is vested in the municipality and such rates are presumed lawful and reasonable unless clearly shown to be confiscatory. McCook Waterworks Co. v. City of McCook, 85 Neb. 677, 124 N.W. 100 (1909).

Where title of ordinance did not refer to contract for "rental for hydrant" used in body of ordinance, though the ordinance authorized third party to construct and maintain water system and use the streets, such contract was void as to water rentals. Lincoln Land Co. v. Village of Grant, 57 Neb. 70, 77 N.W. 349 (1898).

~Reissue Revised Statutes of Nebraska