Title 48 — Special Taxing Districts

Subject to this article the board may: 1. Issue negotiable bonds in a principal amount that, in the opinion of the board, is necessary to provide sufficient monies for any public transportation purpose that is included in the regional public transportation system plan, to establi…

The bonds authorized by this article shall: 1. Be authorized by resolution of the board. 2. Bear such date or dates and shall mature at such time or times as the resolution or resolutions may provide. 3. If the transportation excise tax has a final termination date, mature at or …

In connection with the issuance of the bonds authorized by this article to secure the payment of the bonds and interest on the bonds, the board by resolution may: 1. Provide that bonds issued under this article may be secured by a first lien on all or any part of the monies paid …

A. A pledge made pursuant to this article is valid and binding from the time when the pledge is made. The monies pledged pursuant to this article and placed in a bond account of the public transportation fund are immediately subject to the lien of the pledge without any future ph…

A. The members of the board or a person executing the bonds is not personally liable for the payment of the bonds. B. The bonds are valid and binding obligations of the authority notwithstanding the fact that before the delivery of the bonds any of the officers whose signatures a…

The board may purchase bonds out of any monies available and cancel these bonds.

A. A member of the board or an employee of the authority shall not have a direct or indirect financial interest in any real property for public transportation needs that is purchased from monies made available by the issuance of bonds. B. A person who violates this section is gui…

A. The public transportation bond proceeds fund is established. After deducting the necessary costs and expenses of the issuance and sale of the bonds, the authority shall promptly transfer the proceeds received from the sale and delivery of the bonds to the fiscal agent for depo…

A. No monies derived from the sale of bonds issued under this article or pledged or assigned to or in trust for the benefit of the holder or holders of the bonds may be required to be paid into the state or county treasury. B. The authority may appoint a treasurer or fiscal agent…

A. This state pledges to and agrees with the holders of the bonds that this state will not limit or alter the rights vested in the board to collect the revenues pledged for repayment of the bonds as may be necessary to produce sufficient revenue to fulfill the terms of any agreem…

The board is regarded as performing a governmental function in carrying out the purposes of this article and is not required to pay taxes or assessments on any of the property acquired or constructed or on the activities of the board in maintaining and caring for the real propert…

A. The board may submit to the attorney general any bonds to be issued under this article after all proceedings for the authorization of the bonds have been taken. On the submission of the proceedings to the attorney general, the attorney general shall investigate and determine t…

A. Bonds issued pursuant to this article: 1. Are obligations of the board issuing the bonds. 2. Are payable only pursuant to the terms of the bonds. 3. Are not obligations that are general, special or otherwise of this state. 4. Are not a legal debt of this state. 5. Are not enfo…

Bonds issued under this article are made securities: 1. In which all of the following may properly and legally invest monies including capital in their control or belonging to them: (a) Public officers and bodies of this state. (b) Municipalities and political subdivisions of thi…

In this chapter, unless the context otherwise requires: 1. "Arterial street or highway" means a street or highway that is used primarily for through traffic such that vehicular traffic from intersecting streets and highways is required by law to stop or yield before entering or c…

A. A regional transportation authority is established in a county with a population of more than four hundred thousand but less than one million two hundred thousand persons. The board of supervisors of a county with a population of four hundred thousand or fewer persons may esta…

A. The government of the authority is vested in a board of directors composed of the members of the regional council of governments that are from the county that established the authority, and each member of the board of directors is vested with one vote each when determining tra…

The board shall: 1. Determine the exclusive public transportation systems to be acquired and constructed, the means to finance the systems and whether to operate the systems or to let contracts for their operation. In the operation of the public transportation system the board ma…

The board may: 1. Adopt an administrative code that: (a) Prescribes the powers and duties of the employees of the authority that are not inconsistent with this chapter, the method of appointing board employees and methods, procedures and systems of operating and managing the boar…

A. In addition to any costs that are awarded as prescribed by statute, a court shall award fees of not more than ten thousand dollars and other expenses to any party, other than this state or a city, town or county, on the merits in an action brought by the party against the auth…

A. A regional transportation fund is established for the authority. The fund consists of: 1. Monies received from the county transportation excise tax as provided in section 42-6106. 2. Monies appropriated by each municipality or the county. 3. Grants, gifts or donations from pub…

A. All monies in the bond account of the regional transportation fund shall be held in trust for the owners of the bonds. Monies in the bond account: 1. Shall be paid out to paying agents or directly to the owners of the bonds pursuant to the resolution or resolutions of the boar…

A. The authority shall develop a twenty year regional transportation plan that is subject to approval by the qualified electors of the county and financed by a transportation excise tax approved pursuant to section 42-6106 and bonds issued pursuant to article 2 of this chapter. T…

The director of the department of transportation shall develop and annually update as a component of the five year transportation facilities construction program provided in section 28-6954 the use of monies expected to accrue to the county's regional transportation fund as provi…

Through their regional planning agency, the county and municipalities in the county shall list transportation corridors by priority in the regional transportation plan. The regional transportation plan may also provide a suggested construction schedule for the transportation corr…

A. The department of transportation shall construct and maintain the controlled access highways approved by a majority of the qualified electors voting at a special or general election and financed pursuant to section 48-5308, subsection C. B. The authority may contract with muni…

The cities and towns or county may: 1. Exercise the right of eminent domain pursuant to title 12, chapter 8, article 2 for the purposes prescribed in this chapter on behalf of the authority. 2. Sell or lease to the authority property acquired through eminent domain proceedings.

A. The board shall: 1. Adopt a twenty-year comprehensive multimodal regional transportation plan consistent with the requirements of this article, including transportation corridors by priority and a schedule indicating the dates that construction will begin for projects containe…

A. If county transportation excise tax monies collected pursuant to section 42-6106 are used to construct a light rail system under the regional transportation plan, all costs for the relocation, and reasonable ongoing costs related to the relocation, of utility facilities incurr…

The board is designated as the body having sole and exclusive power to authorize and issue bonds or incur long-term obligations payable in whole or in part from monies collected from the transportation excise tax authorized pursuant to section 42-6106. The board may: 1. Issue neg…

A. The bonds authorized by this article shall: 1. Be authorized by resolution of the board. 2. Bear such date or dates and shall mature at such time or times, not exceeding the earlier of twenty years from their respective dates or the date the transportation excise taxes securin…

In connection with the issuance of the bonds authorized by this article or to secure the payment of the bonds and interest on the bonds, the board by resolution may: 1. Provide that bonds issued under this article may be paid with and secured by a pledge on all or any part of the…

A. A pledge made pursuant to this article is valid and binding from the time when the pledge is made. The monies pledged pursuant to this article when placed in the bond account, bond proceeds account or construction account of the regional transportation fund are immediately sub…

A. The members of the board or a person executing the bonds is not personally liable for the payment of the bonds. B. The bonds are valid and binding obligations of the board notwithstanding the fact that before the delivery of the bonds any of the officers whose signatures appea…

The board may purchase bonds out of any monies available and cancel these bonds.

A. The board shall publish a notice of its intention to issue bonds under this article for at least five consecutive days in a newspaper published in this state. The last day of publication shall be at least ten days before the issuance of the bonds. B. The notice shall state the…

A. After deducting the necessary costs and expenses of the issuance and sale of the bonds, the board shall deposit, pursuant to sections 35-146 and 35-147, the proceeds received from the sale and delivery of bonds issued pursuant to this article in the regional transportation fun…

A. This state pledges to and agrees with the holders of the bonds that this state will not limit or alter the transportation excise taxes in a way that adversely affects the rights of the holders of the bonds, limit or alter the authority of the board levying a transportation exc…

The board is regarded as performing a governmental function in carrying out the purposes of this article and is not required to pay taxes or assessments on any of the property acquired or constructed or on the activities of the board in maintaining and caring for the real propert…

A. The board may submit to the attorney general any bonds to be issued under this article after all proceedings for the authorization of the bonds have been taken. On the submission of the proceedings to the attorney general, the attorney general shall investigate and determine t…

Bonds issued pursuant to this article: 1. Are obligations of the board issuing the bonds. 2. Are payable only pursuant to the terms of the bonds. 3. Are not obligations that are general, special or otherwise of this state or the county. 4. Are not a legal debt of this state or of…

Bonds issued under this article are made securities: 1. In which all of the following may properly and legally invest monies including capital in their control or belonging to them: (a) Public officers and bodies of this state. (b) Municipalities and political subdivisions of thi…

Title 35, chapter 3, article 7 applies to the bonds and the authority.

In this chapter, unless the context otherwise requires: 1. "Freestanding urgent care center": (a) Means an outpatient treatment center that, regardless of its posted or advertised name, meets any of the following requirements: (i) Is open twenty-four hours a day, excluding at its…

A. In a county with a population of two million or more persons, the county board of supervisors may submit to a vote of the qualified electors the question of forming a special health care district. The board of supervisors may submit as a single issue the question of forming th…

A. The board of directors of a special health care district organized under this chapter shall consist of five citizens who are resident real property owners in the district and who are qualified electors in the district, and none of whom is an elective or appointive state or cou…

A. For a special health care district established pursuant to section 48-5501.01 in a county with a population of two million or more persons, directors shall serve staggered four year terms of office beginning on the first Monday immediately following the declaration of election…

Within thirty days after an election the board of directors shall meet and organize by electing a chairman and a vice-chairman from its members. In addition, the board of directors may appoint a secretary who shall not be a member of the board and who may be paid a salary fixed b…

Members of the board of directors shall serve without compensation, but each is allowed: 1. Necessary travel and incidental expenses actually incurred in performing official district business as approved by the board of directors. 2. Per diem determined pursuant to title 38, chap…

Services provided by a county to a special health care district, including costs related to the formation of the special health care district, are subject to reimbursement pursuant to section 11-251.06.