All liquidated and unliquidated claims and accounts payable against a city of the first class shall: (1) Be presented in writing; (2) state the name and address of the claimant and the amount of the claim; and (3) fully and accurately identify the items or services for which payment is claimed or the time, place, nature, and circumstances giving rise to the claim.
As a condition precedent to maintaining an action for a claim, other than a tort claim as defined in section 13-903, the claimant shall file such claim within ninety days of the accrual of the claim in the office of the city clerk.
The city clerk shall notify the claimant or his or her agent or attorney by letter mailed to the claimant's address within five days if the claim is disallowed by the city council.
No costs shall be recovered against such city in any action brought against it for any claim or for any claim allowed in part which has not been presented to the city council to be audited, unless the recovery is for a greater sum than the amount allowed with the interest due.
Notes of Decisions
Crown Prods. Co. v. City of Ralston, 567 N.W.2d 294 (Neb. 1997).
· cites it 18× “district court: (1) The court erred in exercising subject matter jurisdiction in the case at bar for the reason that Crown's claim was barred by the statute of limitations; (2) the court erred in finding that Crown's due process rights were violated by its not receiving an…”
Niemoller v. City of Papillion, 752 N.W.2d 132 (Neb. 2008).
· cites it 21× “The issue presented in this appeal is whether compliance with the claim requirement of Neb. Rev. Stat. § 16-726 (Reissue 1997) is a condition precedent to an action against a city of the first class under the Nebraska Wage Payment and Collection Act (NWPCA), Neb.”
L. J. Vontz Constr. Co. v. City of All., 500 N.W.2d 173 (Neb. 1993).
· cites it 8× “(Contractor), obtained a *335 jury verdict in its appeal of the denial of its claim against the City of Alliance (City) under Neb. Rev. Stat. § 16-726 (Reissue 1987) in which it sought damages under a contract for the construction of an asphalt-surfaced street located in…”
Sinn v. City of Seward, 523 N.W.2d 39 (Neb. Ct. App. 1994).
· cites it 5× “Neb. Rev. Stat. § 16-726 (Reissue 1991) sets forth the procedure for presentation of liquidated and unliquidated claims against a city of the first class and contains therein the provision that for other than a tort claim, “the claimant shall file such claim within 90 days of…”
Dodge Cty. Humane Soc. v. City of Fremont, 992 N.W.2d 747 (Neb. 2023).
· cites it 2× “2 Legislative grants of power are strictly construed pursuant to what has become known as Dillon’s rule, which provides a municipal corporation possesses and can exercise these powers only: (1) those granted in express terms; (2) those necessar- ily or fairly implied in, or…”
Centric Jones Co. v. City of Kearney (8th Cir. 2003).
· cites it 2× “On December 26, 2001, the district court granted the City's motion for summary judgment based on the affirmative defense that Centric had failed to comply with the claim statute governing claims against the City, Neb. Rev. Stat. § 16-726 , and dismissed the whole case with…”
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