17-531 Waterworks; acquisition or construction authorized.
17-531. Waterworks; acquisition or construction authorized.Second-class cities and villages shall have power to provide for the purchase of steam engines or fire-extinguishing apparatus and for a supply of water for the purpose of fire protection and public use and for the use of the inhabitants of such cities and villages by the purchase, erection or construction of a system of waterworks, water mains or extensions of any system of waterworks established or situated in whole or in part within such city or village, and for maintaining the same. SourceLaws 1885, c. 20, § 1, XV, p. 167; Laws 1887, c. 12, § 1, XV, p. 296; Laws 1893, c. 8, § 1, p. 133; Laws 1903, c. 21, § 1, p. 250; Laws 1905, c. 30, § 1, p. 256; Laws 1907, c. 17, § 1, p. 126; R.S.1913, § 5119; Laws 1917, c. 103, § 1, p. 271; Laws 1919, c. 48, § 1, p. 137; Laws 1919, c. 52, § 1, p. 151; Laws 1919, c. 46, § 2, p. 131; C.S.1922, § 4292; Laws 1925, c. 41, § 1, p. 157; C.S.1929, § 17-441; Laws 1935, c. 34, § 1, p. 142; C.S.Supp.,1941, § 17-441; R.S.1943, § 17-531.AnnotationsContract for construction of waterworks was not ultra vires where city had authority to make it though part of funds were diverted from purpose for which voted. Chicago Bridge & Iron Works v. City of South Sioux City, 108 Neb. 827, 189 N.W. 367 (1922).City engaged in a commercial enterprise is liable to public for its negligence the same as individuals. Reed v. Village of Syracuse, 83 Neb. 713, 120 N.W. 180 (1909).There is no grant of power, either to a franchise corporation or to the city, in maintaining its own waterworks, to sell meters, or to compel consumers to supply themselves with meters. Albert v. Davis, 49 Neb. 579, 68 N.W. 945 (1896).