16-117 Annexation; powers; procedure; hearing. - Nebraska Statutes

16-117. Annexation; powers;procedure; hearing.(1) Except as provided in sections 13-1111 to 13-1120 and 16-130 andsubject to this section, the mayor and city council of a city of the firstclass may by ordinance at any time include within the corporate limits ofsuch city any contiguous or adjacent lands, lots, tracts, streets, or highwaysas are urban or suburban in character and in such direction as may be deemedproper. Such grant of power shall not be construed as conferring power uponthe mayor and city council to extend the limits of a city of the first classover any agricultural lands which are rural in character.(2) The invalidity of the annexation of any tract of landin one ordinance shall not affect the validity of the remaining tracts ofland which are annexed by the ordinance and which otherwise conform to statelaw.(3) The city council proposing to annex land under the authorityof this section shall first adopt both a resolution stating that the cityis proposing the annexation of the land and a plan for extending city servicesto the land. The resolution shall state:(a) The time, date, and location of the public hearing requiredby subsection (5) of this section;(b) A description of the boundaries of the land proposed forannexation; and(c) That the plan of the city for the extension of city servicesto the land proposed for annexation is available for inspection during regularbusiness hours in the office of the city clerk.(4) The plan adopted by the city council shall contain sufficientdetail to provide a reasonable person with a full and complete understandingof the proposal for extending city services to the land proposed for annexation.The plan shall (a) state the estimated cost impact of providing the servicesto such land, (b) state the method by which the city plans to finance theextension of services to the land and how any services already provided tothe land will be maintained, (c) include a timetable for extending servicesto the land proposed for annexation, and (d) include a map drawn to scaleclearly delineating the land proposed for annexation, the current boundariesof the city, the proposed boundaries of the city after the annexation, andthe general land-use pattern in the land proposed for annexation.(5) A public hearing on the proposed annexation shall be heldwithin sixty days following the adoption of the resolution proposing to annexland to allow the city council to receive testimony from interested persons.The city council may recess the hearing, for good cause, to a time and datespecified at the hearing.(6) A copy of the resolution providing for the public hearingshall be published in the official newspaper in the city at least once notless than ten days preceding the date of the public hearing. A map drawn toscale delineating the land proposed for annexation shall be published withthe resolution. A copy of the resolution providing for the public hearingshall be sent by first-class mail following its passage to the school boardof any school district in the land proposed for annexation.(7) Any owner of property contiguous or adjacent to a cityof the first class may by petition request that such property be includedwithin the corporate limits of such city. The mayor and city council may includesuch property within the corporate limits of the city without complying withsubsections (3) through (6) of this section.(8) Notwithstanding the requirements of this section, themayor and city council are not required to approve any petition requestingannexation or any resolution or ordinance proposing to annex land pursuantto this section. SourceLaws 1967, c. 64, § 1, p. 213; Laws 1989, LB 421, § 1; Laws 2007, LB11, § 1; Laws 2009, LB495, § 3.Annotations1. Character of land2. Statute of limitations3. Miscellaneous1. Character of landSo long as a substantial part of the connecting boundary touches the corporate limits, an annexation will not be void simply because parts of the connecting side do not touch the city or because portions of the annexed territory are narrower than the rest. County of Sarpy v. City of Papillion, 277 Neb. 829, 765 N.W.2d 456 (2009).The use of land for agricultural purposes is not dispositive of the character of the land, nor does it mean it is rural in character. It is the nature of its location as well as its use which determines whether it is rural or urban in character. Swedlund v. City of Hastings, 243 Neb 607, 501 N.W.2d 302 (1993).A city of the first class may annex land contiguous to its corporate limits which is urban or suburban, including segments of highway, as determined by the characteristic of the land adjacent to that being annexed. Piester v. City of North Platte, 198 Neb. 220, 252 N.W.2d 159 (1977).Under this section, a city of the first class may annex contiguous urban or suburban lands which are not agricultural lands rural in character. Webber v. City of Scottsbluff, 187 Neb. 282, 188 N.W.2d 814 (1971).Agricultural lands which are urban not rural in character may be annexed. Voss v. City of Grand Island, 186 Neb. 232, 182 N.W.2d 427 (1970).Section does not require legislative body to conduct trial-type evidentiary hearing or make express finding on character of land. Meyer v. City of Grand Island, 184 Neb. 657, 171 N.W.2d 242 (1969).Words "as are urban or suburban in character" used in this section are not so vague and indefinite as to violate due process clause of the Constitution. Plumfield Nurseries, Inc. v. Dodge County, 184 Neb. 346, 167 N.W.2d 560 (1969).The character of a segment of an interstate highway sought to be annexed by a city of the first class is determined by the characteristic of the land immediately adjacent to the segment sought to be annexed. Adam v. City of Hastings, 12 Neb. App. 98, 668 N.W.2d 272 (2003).2. Statute of limitationsAn action to enjoin a school district or part thereof, consequent upon annexation of territory by a city of the first class, is barred by the statute of limitations unless brought within one year from effective date of annexation ordinance. School Dist. No. 127 of Lincoln County v. Simpson, 191 Neb. 164, 214 N.W.2d 251 (1974).3. MiscellaneousThe valid part of an annexation ordinance may be carried into effect if what remains after the invalid part is eliminated contains the essential elements of a complete ordinance. County of Sarpy v. City of Papillion, 277 Neb. 829, 765 N.W.2d 456 (2009).A city of the first class must adopt a specified annexation resolution and plan for extending services before annexing land. City of Elkhorn v. City of Omaha, 272 Neb. 867, 725 N.W.2d 792 (2007).A city of the first class has no power to annex territory which is not contiguous or adjacent. Doolittle v. County of Lincoln, 191 Neb. 159, 214 N.W.2d 248 (1974).City could not annex strategic air command base where its sole purpose was to increase city's revenue. United States v. City of Bellevue, 474 F.2d 473 (8th Cir. 1973).United States had no standing to contest validity of city's annexation of alleged agricultural lands not owned and in which it had no interest, though but for such annexation lands of United States would not be lands contiguous to city, subject to annexation as such. United States v. City of Bellevue, 334 F.Supp. 881 (D. Neb. 1971).