Funds; expenditure; appropriation condition precedent.

1. Law
2. Nebraska Revised Statutes
3. Cities of the Second Class and Villages
4. Funds; expenditure; appropriation condition precedent.

17-708. Funds; expenditure; appropriation condition precedent.

The mayor and city council of a city of the second class or village board of trustees shall have no power to appropriate or to issue or draw any order or warrant on the city treasurer or village treasurer for money, unless the same has been appropriated or ordered by ordinance, or the claim for the payment of which such order or warrant is issued has been allowed according to the provisions of sections 17-714 and 17-715, and funds for the class or object out of which such claim is payable have been included in the adopted budget statement or transferred according to law.

Source

• Laws 1879, § 88, p. 226;
• R.S.1913, § 5186;
• C.S.1922, § 4373;
• C.S.1929, § 17-571;
• Laws 1935, Spec. Sess., c. 10, § 10, p. 77;
• Laws 1941, c. 130, § 18, p. 502;
• C.S.Supp.,1941, § 17-571;
• R.S.1943, § 17-708;
• Laws 1959, c. 63, § 2, p. 283;
• Laws 1961, c. 47, § 3, p. 185;
• Laws 1967, c. 78, § 3, p. 249;
• Laws 1969, c. 145, § 21, p. 685;
• Laws 1972, LB 1423, § 2;
• Laws 2017, LB133, § 220.

Annotations

• An appropriation is not necessary where funds to meet expenditures are not raised by taxation, the obligation being payable alone out of funds on hand and the net earnings of light plant purchased. Carr v. Fenstermacher, 119 Neb. 172, 228 N.W. 114 (1929).

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