Chapter 13, CITIES, COUNTIES, AND OTHER POLITICAL SUBDIVISIONS
491 sections in this chapter.
Neb. Rev. Stat. § 13-2503 Terms, defined.
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For purposes of the Joint Public Agency Act: (1) Board means the board of representatives of a joint public agency; (2) Governing body has the same meaning as in section 13-503 and, when referring to state agencies, includes the governing board of a state agency or the Governor a…
Neb. Rev. Stat. § 13-2504 Agreements authorized; conditions; transfer of property and employees.
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(1) Any two or more public agencies may enter into agreements with one another for joint or cooperative action pursuant to the Joint Public Agency Act. Appropriate action by ordinance, resolution, or otherwise pursuant to law of the governing bodies of the participating public ag…
Neb. Rev. Stat. § 13-2505 Joint exercise of powers.
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Notwithstanding any restrictions contained in a city charter, any power, privilege, or authority exercised or capable of exercise by a public agency of this state may be exercised and enjoyed jointly with any other public agency of this state and jointly with any public agency of…
Neb. Rev. Stat. § 13-2506 Legislative power; limitation.
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The Legislature may amend or repeal the Joint Public Agency Act or any law governing public agencies, and any agreement which creates a joint public agency is subject to the amendment or repeal of a law governing participating public agencies by subsequent acts of the Legislature…
Neb. Rev. Stat. § 13-2507 Power to tax; election; when required.
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(1) Subject to subsection (4) of this section, a joint public agency shall have only those powers of taxation as one or more of the participating public agencies has and only as specifically provided in the agreement proposing creation of the joint public agency, except that a jo…
Neb. Rev. Stat. § 13-2508 Joint public agencies; creation authorized.
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Any combination of two or more public agencies may create one or more joint public agencies to exercise the powers and authority prescribed by the Joint Public Agency Act.
Neb. Rev. Stat. § 13-2509 Creation; procedure; appointment of representatives.
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(1) The governing body of each public agency participating in the creation of a joint public agency shall adopt a resolution determining that there is a need for a joint public agency and setting forth the names of the proposed participating public agencies. The resolution shall …
Neb. Rev. Stat. § 13-2510 Creation; statement; contents.
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Within thirty days after adoption of the resolutions for creation of a joint public agency by the proposed participating public agencies, the board shall file with the Secretary of State a statement signed by the representatives setting forth (1) the names of all the proposed par…
Neb. Rev. Stat. § 13-2511 Creation; Secretary of State; duties; certificate of creation; issuance.
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The Secretary of State shall examine the statement and, if he or she finds that the name proposed for the joint public agency is distinguishable from any other entity name registered or on file with the Secretary of State pursuant to Nebraska law and that the statement conforms t…
Neb. Rev. Stat. § 13-2512 Certificate of creation; proof of establishment.
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In any suit, action, or proceeding involving the validity or enforcement of, or relating to, any contract of the joint public agency, the joint public agency shall be conclusively deemed to have been established, except as against the state, in accordance with the Joint Public Ag…
Neb. Rev. Stat. § 13-2513 Participation by other public agencies; procedure.
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After the creation of a joint public agency, any other public agency may become a participating public agency therein upon (1) the adoption of a resolution by the governing body of the public agency setting forth the determination prescribed in section 13-2509 and authorizing the…
Neb. Rev. Stat. § 13-2514 Representatives; terms; vacancy; expenses.
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Each representative shall serve for a term specified in the agreement creating the joint public agency, not to exceed four years, or until his or her successor has been appointed and has qualified in the same manner as the original appointment. A representative shall be eligible …
Neb. Rev. Stat. § 13-2515 Representatives; number; voting; quorum; meetings.
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(1) Each participating public agency shall at all times be entitled to appoint at least one representative. A joint public agency's rules of governance may allow any participating public agency to appoint additional representatives and shall specify the number of representatives …
Neb. Rev. Stat. § 13-2516 Board; officers; employees.
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The board shall elect a chairperson and vice-chairperson from among its representatives. The joint public agency may employ an executive director. The board shall elect a secretary who shall either be from among the representatives or the executive director. The joint public agen…
Neb. Rev. Stat. § 13-2517 Committees; meetings.
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(1) The board may create an executive committee the composition of which shall be set forth in the joint public agency's rules of governance. The executive committee shall have and exercise the power and authority of the board during intervals between the board's meetings in acco…
Neb. Rev. Stat. § 13-2518 Dissolution; withdrawal.
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Unless the agreement provides for dissolution, a joint public agency shall be dissolved upon the adoption, by the governing bodies of at least one-half of the participating public agencies, of a resolution setting forth the determination that the need for the public agencies to a…
Neb. Rev. Stat. § 13-2519 Status as political subdivision.
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A joint public agency shall constitute a political subdivision and a public body corporate and politic of this state exercising public powers separate from the participating public agencies. A joint public agency shall have the duties, privileges, immunities, rights, liabilities,…
Neb. Rev. Stat. § 13-2520 Applicability of Political Subdivisions Tort Claims Act.
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A joint public agency may be sued subject to the Political Subdivisions Tort Claims Act.
Neb. Rev. Stat. § 13-2521 Powers.
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The powers of a joint public agency shall include the power: (1) To sue; (2) To have a seal and alter the same at pleasure or to dispense with the necessity thereof; (3) To make and execute contracts and other instruments necessary or convenient to the exercise of its powers; (4)…
Neb. Rev. Stat. § 13-2522 Liability insurance coverage.
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The board may provide its representatives, its officers, and agents and employees of the joint public agency and participating public agencies, either collectively or individually, with personal liability insurance coverage insuring against any liability and claim arising by reas…
Neb. Rev. Stat. § 13-2523 Benefits.
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The agreement creating a joint public agency may provide that insurance, retirement, indemnification, and other benefits be provided by one or more participating public agencies. If the agreement so provides, the insurance, retirement, indemnification, or other benefits applicabl…
Neb. Rev. Stat. § 13-2524 Bankruptcy petition; authorized.
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A joint public agency may file a petition in the United States Bankruptcy Court under 11 U.S.C. chapter 9 and any acts amendatory thereto and supplementary thereof and may incur and pay the expenses incident to the consummation of a plan of adjustment of debts as contemplated by …
Neb. Rev. Stat. § 13-2525 Biennial report; fee.
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(1) Commencing in 2001 and each odd-numbered year thereafter, each joint public agency shall deliver to the Secretary of State a biennial report on a form prescribed and furnished by the Secretary of State that sets forth: (a) The name of the joint public agency; (b) The street a…
Neb. Rev. Stat. § 13-2526 Bidding procedures.
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If all participating public agencies are of the same type, the bidding procedures for that type of public agency apply to the joint public agency. If the participating public agencies are not all of the same type, the bidding requirements set out in the County Purchasing Act appl…
Neb. Rev. Stat. § 13-2527 Expenditures; bond requirements.
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(1) All money of the joint public agency shall be paid out or expended only by check, draft, warrant, or other instrument in writing, signed by the chairperson and the treasurer, assistant treasurer, or such other officer, employee, or agent of the joint public agency as is autho…
Neb. Rev. Stat. § 13-2528 Agreement; approval by state officer or agency; when required.
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In the event that an agreement made pursuant to the Joint Public Agency Act deals in whole or in part with the provision of services or facilities with regard to which an officer or agency of the state government has constitutional or statutory powers of control, the agreement sh…
Neb. Rev. Stat. § 13-2529 Public agencies; powers.
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Any public agency entering into an agreement pursuant to the Joint Public Agency Act may appropriate funds and may sell, lease, give, or otherwise supply the board, joint public agency, or other legal or administrative entity created to operate the joint or cooperative undertakin…
Neb. Rev. Stat. § 13-2530 Revenue bonds authorized.
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(1) Any joint public agency may issue such types of bonds as its board may determine subject only to any agreement with the holders of outstanding bonds, including bonds as to which the principal and interest are payable exclusively from all or a portion of the revenue from one o…
Neb. Rev. Stat. § 13-2531 General obligation bonds.
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Any joint public agency may from time to time issue its bonds in such principal amounts as its board determines is necessary to provide sufficient funds to carry out any of the joint public agency's purposes and powers, including the establishment or increase of reserves, the pay…
Neb. Rev. Stat. § 13-2532 Bonds; treatment.
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(1) The representatives or agents of the board and a person executing the bonds shall not be liable personally on such bonds by reason of the issuance thereof. (2) The bonds shall not be a debt of any political subdivision other than the joint public agency or of this state, and …
Neb. Rev. Stat. § 13-2533 Bond issuance; procedure.
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Bonds shall be authorized by resolution of the board and may be issued under a resolution, indenture, or other security instrument in one or more series and shall bear such date or dates, mature at such time or times, bear interest at such rate or rates, be in such denomination o…
Neb. Rev. Stat. § 13-2534 Bonds; negotiation; sale.
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(1) Except as the board may otherwise provide, any bond and any interest coupons thereto attached shall be fully negotiable within the meaning of and for all purposes of article 8, Uniform Commercial Code. (2) The bonds may be sold at public or private sale as the issuing board m…
Neb. Rev. Stat. § 13-2535 Bonds; signatures.
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If any of the officers whose signatures appear on any bonds or coupons cease to be such officers before the delivery of such obligations, such signatures shall nevertheless be valid and sufficient for all purposes to the same extent as if such officers had remained in office unti…
Neb. Rev. Stat. § 13-2536 Bond issuance; covenants.
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Any joint public agency may in connection with the issuance of its bonds: (1) Covenant as to the use of any or all of its property, real or personal; (2) Redeem the bonds, covenant for their redemption, and provide the terms and conditions thereof; (3) Covenant to charge or seek …
Neb. Rev. Stat. § 13-2537 Refunding bonds authorized.
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Any joint public agency may issue and sell refunding bonds for the purpose of paying or providing for the payment of any of its bonds at or prior to maturity or upon acceleration or redemption. Refunding bonds may be issued at any time prior to or at the maturity or redemption of…
Neb. Rev. Stat. § 13-2538 Refunding bonds; proceeds.
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To the extent not required for the immediate payment and retirement of the obligations being refunded or for the payment of expenses incurred in connection with such refunding and subject to any agreement with the holders of any outstanding bonds, principal proceeds from the sale…
Neb. Rev. Stat. § 13-2539 Refunding bonds; exchange for other bonds.
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Refunding bonds may be exchanged for and in payment and discharge of any of the outstanding obligations being refunded. The refunding bonds may be exchanged for a like, greater, or smaller principal amount of the bonds being refunded as the board may determine in its discretion. …
Neb. Rev. Stat. § 13-2540 Other bond provisions applicable.
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The issue of refunding bonds, the manner of sale, the maturities, interest rates, form, and other details thereof, the security therefor, the rights of the holders thereof, and the rights, duties, and obligations of the joint public agency in respect of the same shall be governed…
Neb. Rev. Stat. § 13-2541 Bond issuance; consent not required.
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Bonds may be issued under the Joint Public Agency Act without obtaining the consent of any department, division, commission, board, bureau, or instrumentality of this state and without any other proceedings or the happening of any other conditions or things than those proceedings…
Neb. Rev. Stat. § 13-2542 Notice; proceeding.
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The board may provide for the publication of any resolution or other proceeding adopted by it pursuant to the Joint Public Agency Act in a newspaper of general circulation published in the area served by the joint public agency or, if no newspaper is so published, in a newspaper …
Neb. Rev. Stat. § 13-2543 Issuance of bonds; notice.
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In the case of a resolution or other proceeding providing for the issuance of bonds pursuant to the Joint Public Agency Act, the board may, either before or after the adoption of such resolution or other proceeding, in lieu of publishing the entire resolution or other proceeding,…
Neb. Rev. Stat. § 13-2544 Issuance of bonds; right to contest; procedure.
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For a period of thirty days after such publication, any interested person shall have the right to contest the legality of such resolution or proceeding or any bonds which may be authorized thereby, any provisions made for the security and payment of such bonds, or any contract of…
Neb. Rev. Stat. § 13-2545 Bonds; investment authorized.
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Bonds issued pursuant to the Joint Public Agency Act shall be securities in which all public officers and instrumentalities of the state and all political subdivisions, insurance companies, trust companies, banks, savings and loan associations, investment companies, executors, ad…
Neb. Rev. Stat. § 13-2546 Bonds, property, and income; exempt from taxes; when.
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(1) All bonds of a joint public agency are declared to be issued for an essential public and governmental purpose and, together with interest thereon and income therefrom, shall be exempt from all taxes. (2) The property of a joint public agency, including any pro rata share of a…
Neb. Rev. Stat. § 13-2547 Act; how construed.
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The provisions of the Joint Public Agency Act shall be deemed to provide an additional, alternative, and complete method for the doing of the things authorized by the act and shall be deemed and construed to be supplemental and additional to, and not in derogation of, powers conf…
Neb. Rev. Stat. § 13-2548 Pledge of state.
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The State of Nebraska does hereby pledge to and agree with the holders of any bonds and with those persons who may enter into contracts with any joint public agency under the Joint Public Agency Act that the state will not alter, impair, or limit the rights thereby vested until t…
Neb. Rev. Stat. § 13-2549 Joint public agency; status.
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A joint public agency created by public agencies pursuant to the Joint Public Agency Act shall not be considered a state agency, and an employee of such an entity or agency shall not be considered a state employee.
Neb. Rev. Stat. § 13-2550 Liberal construction.
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The Joint Public Agency Act is necessary for the welfare of the state and its inhabitants and shall be construed liberally to effect its purposes.
Neb. Rev. Stat. § 13-2601 Act, how cited.
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Sections 13-2601 to 13-2613 shall be known and may be cited as the Convention Center Facility Financing Assistance Act.
Neb. Rev. Stat. § 13-2602 Legislative findings.
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(1) The Legislature finds that it will be beneficial to the economic well-being of the people of this state that there be convention and meeting center facilities and sports arena facilities of appropriate size and quality to host regional, national, or international events. Regi…