17-407 Annexation by city or village within county between 100,000 and 200,000 inhabitants; mayor and council or chairperson and board of trustees; powers; notice; contents; liability; limitation on a - Nebraska Statutes

17-407. Annexation by city or village withincounty between 100,000 and 200,000 inhabitants; mayor and council or chairpersonand board of trustees; powers; notice; contents; liability; limitation onaction.(1)The provisions of this section shall govern annexation by a city of the secondclass or village located in whole or in part within the boundaries of a countyhaving a population in excess of one hundred thousand inhabitants but lessthan two hundred thousand inhabitants.(2) The mayorand council of any city of the second class or the chairperson and membersof the board of trustees of any village described in subsection (1) of thissection may by ordinance, except as provided in sections 13-1111 to 13-1118,at any time include within the corporate limits of such city or village anycontiguous or adjacent lands, lots, tracts, streets, or highways as are urbanor suburban in character and in such direction as may be deemed proper. Suchgrant of power shall not be construed as conferring power to extend the limitsof any such municipality over any agricultural lands which are rural in character.(3) Not laterthan fourteen days prior to the public hearing before the planning commissionon a proposed annexation by the city or village, the city or village clerkshall send notice of the proposed annexation by certified mail, return receiptrequested, to any of the following entities serving customers in such cityor village or in the area proposed for annexation: Any natural gas publicutility as defined in section 66-1802; any natural gas utility owned or operatedby the city or village; any metropolitan utilities district; any public powerdistrict; any public power and irrigation district; any municipality; anyelectric cooperative; and any other governmental entity providing electricservice. Such notice shall include a copy of the proposed annexation ordinance,the date, time, and place of the public hearing before the planning commissionon the proposed annexation ordinance, and a map showing the boundaries ofthe area proposed for annexation.(4) Prior to the final adoption of the annexationordinance, the minutes of the city council or village board meeting at whichsuch final adoption was considered shall reflect formal compliance with theprovisions of subsection (3) of this section.(5) No additional or furthernotice beyond that required by subsection (3) of this section shall be necessaryin the event (a) that the scheduled city council or village board public hearingon the proposed annexation is adjourned, continued, or postponed until a laterdate or (b) that subsequent to providing such notice the ordinance regardingsuch proposed annexation was amended, changed, or rejected by action of thecity council or village board prior to formal passage of the annexation ordinance.(6) Except fora willful or deliberate failure to cause notice to be given, no annexationdecision made by a city of the second class or village either to accept orreject a proposed annexation, either in whole or in part, shall be void, invalidated,or affected in any way because of any irregularity, defect, error, or failureon the part of the city or village or its employees to cause notice to begiven as required by this section if a reasonable attempt to comply with thissection was made.(7) Except for a willful or deliberate failure to cause notice tobe given, the city or village and its employees shall not be liable for anydamage to any person resulting from any failure to cause notice to be givenas required by this section when a reasonable attempt was made to providesuch notice. No action for damages resulting from the failure to cause noticeto be provided as required by this section shall be filed more than one yearfollowing the date of the formal acceptance or rejection of the proposed annexation,either in whole or in part, by the city council or village board.(8) No actionto challenge the validity of the acceptance or rejection of a proposed annexationon the basis of this section shall be filed more than one year following thedate of the formal acceptance or rejection of the annexation by the city councilor village board. SourceLaws 2009, LB495, § 7.