§ 15-113 — Consolidated or annexed cities and villages; rights and liabilities of city, franchise holders, and licensees

Nebraska § 15-113

• Jurisdiction: Nebraska
• Ch. 15: Cities of the Primary Class

Text

Whenever any city of the primary class shall extend its boundaries so as to annex any village, or whenever there is consolidation taking effect in the manner provided in sections 15-111 to 15-118 , the charter, laws, ordinances, powers, and government of such city of the primary class, shall at once extend over the territory embraced within any such city or village so annexed or consolidated with it. Such city of the primary class shall succeed to all the property and property rights of every kind, contracts, obligations, and choses in action of every kind held by or belonging to such city or village so annexed or consolidated with it. Such city of the primary class shall be liable for and assume and carry out all valid contracts, obligations, franchises, and licenses of any such city or village so annexed or consolidated with it. Such city or village so annexed or consolidated with such city of the primary class shall be deemed fully compensated by virtue of such annexation or consolidation and such assumption of its obligations and contracts for all its property and property rights of every kind so acquired. Any public franchise granted to or held by any person or corporation from such city of the primary class, before such consolidation or annexation, shall not by virtue of such consolidation or annexation be extended into, upon, or over the streets or public places of such city or village so consolidated with or annexed by such city of the primary class. Any public franchise, license, or privilege granted to or held by any person or corporation from any of the cities or villages consolidated with or annexed by such city of the primary class before such consolidation or annexation shall not by virtue of such consolidation be extended into, upon, or over the streets, alleys, or public places of the city of the primary class involved in such consolidation or annexation.

Legislative History

Source: Laws 1921, c. 202, § 3, p. 731; C.S.1922, § 3792; C.S.1929, § 15-113; R.S.1943, § 15-113; Laws 1965, c. 43, § 2, p. 239; Laws 2020, LB1003, § 16. Annotations: Upon consolidation of village with city of the primary class, status of streets as to vacation was subject to conditions binding upon the village. Dell v. City of Lincoln, 170 Neb. 176, 102 N.W.2d 62 (1960). Upon consolidation with another municipality, city of Lincoln became liable for, assumed and was required to carry out all valid obligations of the municipality consolidated with it. Enyeart v. City of Lincoln, 136 Neb. 146, 285 N.W. 314 (1939).