Cities of the second class and villages shall have power to grant a franchise, subject to the conditions of this section and section 17-528.03, for a period not exceeding twenty-five years to any person, company, or association, whether publicly or privately owned, and to his, her, or its assigns, to lay and maintain gas mains, pipes, service, and all other necessary structures in the streets, lanes, alleys, and public places of such city or village for the purpose of transporting gas on, under, or along any streets, lanes, alleys, and public places of such city or village and for furnishing gas to the inhabitants of such city or village. The city or village may make any reasonable regulation with reference to any person, firm, or corporation holding such franchise as to charges for such gas. Such city or village is authorized to contract, lease, or rent the gas plant from any person, firm, or corporation furnishing gas within such city or village. Such contract, lease, or rental agreement shall not be for a period longer than five years. Such city or village may levy a tax to pay the rent under such lease or to pay for any gas used for street lighting or for other necessary purposes.

Source

  • Laws 1879, § 39, VI, p. 201;
  • Laws 1881, c. 24, § 1, p. 195;
  • Laws 1905, c. 27, § 1, p. 252;
  • Laws 1911, c. 18, § 1, p. 135;
  • R.S.1913, § 5019;
  • Laws 1919, c. 45, § 1, p. 129;
  • C.S.1922, § 4188;
  • C.S.1929, § 17-127;
  • Laws 1943, c. 28, § 1, p. 123;
  • R.S.1943, § 17-125;
  • Laws 1957, c. 33, § 1(1), p. 196;
  • Laws 1959, c. 49, § 1, p. 237;
  • Laws 2017, LB133, § 146.

Terms Used In Nebraska Statutes 17-528.02

  • Company: shall include any corporation, partnership, limited liability company, joint-stock company, joint venture, or association. See Nebraska Statutes 49-801
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Person: shall include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801