Chapter 13 — CITIES, COUNTIES, AND OTHER POLITICAL SUBDIVISIONS
530 sections in this chapter.
Neb. Rev. Stat. § 13-2705 Conditional grant approval; limits; conditions; State Historic Preservation Officer; powers; Nebraska Arts Council; approval required, when.
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The department may conditionally approve grants of assistance from the fund to eligible and competitive applicants subject to the following limits and requirements: (1) Except as provided in subdivision (2) of this section and subsection (4) of section 13-2706, a grant request sh…
Neb. Rev. Stat. § 13-2706 Eligibility for grant; grant application; award; preference.
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(1) Except as provided in subsection (2) of this section for a city of the primary class, any municipality that has applied for and received a grant of assistance under the Sports Arena Facility Financing Assistance Act shall not receive state assistance under the Civic and Commu…
Neb. Rev. Stat. § 13-2707 Department; evaluation criteria; match required; location.
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(1) The department shall evaluate all applications for grants of assistance under section 13-2704.01 based on the following criteria, which are listed in no particular order of preference: (a) Retention Impact. Funding decisions by the department shall be based on the likelihood …
Neb. Rev. Stat. § 13-2707.01 Grant; engineering and technical studies; evaluation criteria.
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The department shall evaluate all applications for grants of assistance under section 13-2704.02 based on the following criteria: (1) Financial Support. Assistance from the fund shall be matched at least equally from local sources. At least fifty percent of the local match must b…
Neb. Rev. Stat. § 13-2708 Grant; approval.
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If a grant of assistance is approved by the department, the applicant shall receive conditional approval of the level of assistance. Projects shall receive funding from the fund in the order conditional approval is received and whenever there is sufficient money in the fund to pr…
Neb. Rev. Stat. § 13-2709 Information on grants; department; duties; Political Subdivision Recapture Cash Fund; created; use; investment.
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(1) The department shall submit, as part of the department's annual status report under section 81-1201.11, the following information regarding the Civic and Community Center Financing Act: (a) Information documenting the grants conditionally approved for funding by the Legislatu…
Neb. Rev. Stat. § 13-2710 Rules and regulations.
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The department shall adopt and promulgate rules and regulations to carry out the Civic and Community Center Financing Act.
Neb. Rev. Stat. § 13-2801 Municipal county; creation; procedure.
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(1) One or more counties and at least one of the municipalities in each county may create a municipal county to carry out all county services and all municipal services. The process of creating a municipal county shall begin by passage of a joint resolution by the governing bodie…
Neb. Rev. Stat. § 13-2802 Metropolitan utilities district; how treated.
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Whenever creation of a municipal county is proposed involving a city of the metropolitan class, the interjurisdictional planning commission shall include in its plan a recommendation with regard to the territory within which any metropolitan utilities district shall have and may …
Neb. Rev. Stat. § 13-2803 Council; members; quorum; election; executive officer.
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(1)(a) Except as provided in subdivision (1)(b) of this section, a municipal county created under section 13-2801 shall be governed by a council of five to nine members, at least two-thirds of whom shall be elected by district. The council members shall be elected on a nonpartisa…
Neb. Rev. Stat. § 13-2804 Municipal county; powers and duties; provisions governing transition.
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(1) A municipal county has the powers and duties of a county and shall fulfill the same role as other counties and county officials of the municipal county as would be applicable to a county of the same population as the municipal county. Any reference in law to counties shall be…
Neb. Rev. Stat. § 13-2805 Ordinances; adoption; procedure.
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(1) A municipal county may adopt ordinances, and any such ordinances shall supersede those of any municipality or county consolidated into the municipal county. (2) All ordinances shall be passed pursuant to such rules and regulations as the council may provide, and all such ordi…
Neb. Rev. Stat. § 13-2806 Ordinances; requirements.
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(1) All ordinances and resolutions or orders for the appropriation or payment of money shall require for their passage or adoption the concurrence of a majority of all members of the council. (2) Ordinances of a general or permanent nature shall be read by title on three differen…
Neb. Rev. Stat. § 13-2807 Ordinance; form; publication; emergency.
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The style of ordinances shall be: "Be it ordained by the council of the municipal county of ................," and all ordinances of a general nature shall, within fifteen days after they are passed, be published in one or more newspapers in general circulation within the municip…
Neb. Rev. Stat. § 13-2808 Levy authorized; allocations.
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A municipal county may levy up to one dollar per one hundred dollars of taxable value, not including bonded indebtedness. From the levy authority of the municipal county, the municipal county may allocate to miscellaneous political subdivisions as provided in section 77-3443. In …
Neb. Rev. Stat. § 13-2809 Municipalities and fire protection districts within municipal county; treatment.
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(1) An area within the boundaries of a municipality which remains within the boundaries of a municipal county and is not consolidated into the municipal county at the time of the formation of the municipal county shall not be considered to be part of the municipal county for any …
Neb. Rev. Stat. § 13-2810 Election; requirements.
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(1) The powers granted by sections 13-2801 to 13-2809 shall not be exercised unless and until the question has been submitted at a primary, general, or special election held within the county or counties involved and in which registered voters within the boundaries of the propose…
Neb. Rev. Stat. § 13-2811 Approval of formation of municipal county; effect.
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Approval of the formation of a municipal county shall abolish all county and municipal offices at the end of the then current officeholders' terms except as provided in subsection (3) of section 13-2803 and shall terminate all townships located within the municipal county. All de…
Neb. Rev. Stat. § 13-2812 Dissolution; procedure.
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(1) A municipal county may be dissolved by submitting the question of dissolution at a primary, general, or special election held within the county or counties involved and in which all registered voters are entitled to vote on such question. The ballot question may combine the i…
Neb. Rev. Stat. § 13-2813 Sales and use tax authorized.
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(1) A municipal county by ordinance of its council may impose a sales and use tax of one-half percent, one percent, or one and one-half percent upon the same transactions within the entire municipal county on which the state is authorized to impose a tax pursuant to the Nebraska …
Neb. Rev. Stat. § 13-2814 Sales and use tax; administration.
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(1) The Tax Commissioner shall administer all sales and use taxes adopted under section 13-2813. The Tax Commissioner may prescribe forms and adopt and promulgate rules and regulations in conformity with the Nebraska Revenue Act of 1967, as amended, for the making of returns and …
Neb. Rev. Stat. § 13-2815 Sales and use tax proceeds; use.
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The proceeds of the sales and use tax imposed by a municipal county under section 13-2813 shall be distributed to the municipal county for deposit in its general fund.
Neb. Rev. Stat. § 13-2816 Nebraska Revenue Act of 1967; applicability.
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(1) All relevant provisions of the Nebraska Revenue Act of 1967, as amended, not inconsistent with sections 13-2813 to 13-2815, shall govern transactions, proceedings, and activities pursuant to any sales and use tax imposed by a municipal county. (2) For purposes of the sales an…
Neb. Rev. Stat. § 13-2817 Municipality; payments to municipal county; when; amount; how determined.
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(1) Any municipality that is within the boundaries of a municipal county that is not merged into the municipal county shall be required to pay the municipal county for services that were previously provided by the county and are not ordinarily provided by a municipality. Except a…
Neb. Rev. Stat. § 13-2818 Sanitary and improvement districts; treatment; payments to municipal county; when; amount; how determined.
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(1) Sanitary and improvement districts located within a municipal county created under sections 13-2801 to 13-2819, unless consolidated into a municipal county in accordance with section 13-2819, shall be deemed to be unconsolidated sanitary and improvement districts and shall co…
Neb. Rev. Stat. § 13-2819 Sanitary and improvement district; consolidated with municipal county; procedure.
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A municipal county may by ordinance cause any unconsolidated sanitary and improvement district located (1) within the extraterritorial zoning jurisdiction of an unconsolidated municipality with the consent of the governing body of the unconsolidated municipality, or (2) within an…
Neb. Rev. Stat. § 13-2901 Political Subdivisions Construction Alternatives Act, how cited.
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Sections 13-2901 to 13-2914 shall be known and may be cited as the Political Subdivisions Construction Alternatives Act.
Neb. Rev. Stat. § 13-2902 Purpose.
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The purpose of the Political Subdivisions Construction Alternatives Act is to authorize a political subdivision to enter into a design-build contract which is subject to qualification-based selection, a construction management at risk contract, or a public-private partnership con…
Neb. Rev. Stat. § 13-2903 Terms, defined.
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For purposes of the Political Subdivisions Construction Alternatives Act: (1) Construction management at risk contract means a contract by which a construction manager (a) assumes the legal responsibility to deliver a construction project within a contracted price to the politica…
Neb. Rev. Stat. § 13-2904 Contracts authorized; governing body; resolution required.
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(1) Notwithstanding the procedures for public lettings in sections 73-101 to 73-106 or any other statute relating to the letting of bids by a political subdivision, a political subdivision which follows the Political Subdivisions Construction Alternatives Act may do any of the fo…
Neb. Rev. Stat. § 13-2905 Political subdivision; policies; requirements.
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The political subdivision shall adopt policies for entering into a design-build contract, construction management at risk contract, or public-private partnership contract. The policies shall require that such contracts include the following: (1) Procedures for selecting and hirin…
Neb. Rev. Stat. § 13-2906 Letters of interest; requirements.
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(1) A political subdivision shall prepare a request for letters of interest for design-build proposals and shall prequalify design-builders in accordance with this section. The request for letters of interest shall describe the project in sufficient detail to permit a design-buil…
Neb. Rev. Stat. § 13-2907 Design-build contract; request for proposals; requirements.
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A political subdivision shall prepare a request for proposals for each design-build contract in accordance with this section. Notice of the request for proposals shall be published in a newspaper of general circulation within the political subdivision at least thirty days prior t…
Neb. Rev. Stat. § 13-2908 Design-build contract; evaluation of proposals; requirements; negotiations.
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(1) A political subdivision shall evaluate proposals for a design-build contract in accordance with this section. (2) The request for proposals shall be sent only to the prequalified design-builders selected pursuant to section 13-2906. (3) Design-builders shall submit proposals …
Neb. Rev. Stat. § 13-2909 Construction management at risk contract; request for proposals; requirements.
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A political subdivision shall prepare a request for proposals for each construction management at risk contract in accordance with this section. At least thirty days prior to the deadline for receiving and opening proposals, notice of the request for proposals shall be published …
Neb. Rev. Stat. § 13-2910 Construction management at risk contract; evaluation of proposals; requirements; negotiations.
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(1) A political subdivision shall evaluate proposals for a construction management at risk contract in accordance with this section. (2) The political subdivision shall evaluate and rank each proposal on the basis of best meeting the criteria in the request for proposals and taki…
Neb. Rev. Stat. § 13-2911 Contract proposals; evaluation; selection committee; duties.
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(1) In evaluating proposals in accordance with sections 13-2908, 13-2910, and 13-2911.01, the political subdivision shall refer the proposals for recommendation to a selection committee. The selection committee shall be a group of at least five persons designated by the political…
Neb. Rev. Stat. § 13-2911.01 Unsolicited proposals; competing proposals; consideration; fee; political subdivision; powers.
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(1) This section applies to unsolicited proposals under the Political Subdivisions Construction Alternatives Act. (2) If the governing body of a political subdivision determines that there is sufficient merit to pursue such unsolicited proposal, a reasonable opportunity shall be …
Neb. Rev. Stat. § 13-2912 Contracts; refinements; changes authorized; applicability.
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(1) A design-build contract, construction management at risk contract, or public-private partnership contract may be conditioned upon later refinements in scope and price and may permit the political subdivision in agreement with the design-builder, construction manager, or priva…
Neb. Rev. Stat. § 13-2913 Act; bonding or insurance requirements.
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Nothing in the Political Subdivisions Construction Alternatives Act shall limit or reduce statutory or regulatory requirements regarding bonding or insurance.
Neb. Rev. Stat. § 13-2914 Road, street, or highway construction projects excluded; water, wastewater, utility, or sewer construction projects permitted.
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(1) A political subdivision shall not use a design-build contract, construction management at risk contract, or public-private partnership contract under the Political Subdivisions Construction Alternatives Act for a project, in whole or in part, for road, street, or highway cons…
Neb. Rev. Stat. § 13-3001 Peace officer; production or disclosure of personal financial records; restrictions.
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After an applicant is hired by any municipality or county as a peace officer, no municipality or county may require the peace officer to produce or disclose the peace officer's personal financial records except pursuant to a valid search warrant or subpoena. This section does not…
Neb. Rev. Stat. § 13-3002 Peace officer; release of photograph; restrictions.
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No municipality or county shall publicly release a photograph of a peace officer who is the subject of an investigation without the written permission of the peace officer, except that the municipality or county may display a photograph of a peace officer to a prospective witness…
Neb. Rev. Stat. § 13-3003 Peace officer; disciplinary action; inclusion in personnel record; restrictions.
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No disciplinary action by any municipality or county may be included in a peace officer's personnel record unless such disciplinary action has been reduced to writing and the peace officer has been given a copy, and no correspondence may be included in a peace officer's personnel…
Neb. Rev. Stat. § 13-3004 Peace officer; exercise of rights; no retaliation.
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No peace officer of any municipality or county may be discharged, subject to disciplinary action, or threatened with discharge or disciplinary action as retaliation for or solely by reason of the peace officer's exercise of his or her rights provided in section 17-107, 17-208, or…
Neb. Rev. Stat. § 13-3005 City of first class and county sheriff; adopt rules and regulations governing peace officer removal, suspension, or demotion.
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(1) Except as otherwise provided in a collective-bargaining agreement, Chapter 19, article 18, or Chapter 23, article 17, any city of the first class and all county sheriffs shall adopt rules and regulations governing the removal, suspension with or without pay, or demotion of an…
Neb. Rev. Stat. § 13-301 Counties containing city of first class; comprehensive development plan; encouraged to prepare; enforcement.
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Since counties containing larger municipalities are typically experiencing population and economic growth which promotes increased urban and rural land-use conflicts, the county government of a county that contains some or all portions of a city of the first class is strongly enc…
Neb. Rev. Stat. § 13-302 County and city of metropolitan or primary class; assistance to enforce zoning and subdivision regulations; assess cost.
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Effective July 1, 1976, a county government, city of the metropolitan class, or city of the primary class that is enforcing zoning and subdivision regulations shall, upon request, provide either directly or through an intergovernmental program all the necessary services and staff…
Neb. Rev. Stat. § 13-303 Counties, cities, and villages; contract; agreement; hearing; notice; cost; levy; fee.
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The county boards of counties and the governing bodies of cities and villages may establish an emergency medical service, including the provision of scheduled and unscheduled ambulance service, as a governmental service either within or without the county or municipality, as the …
Neb. Rev. Stat. § 13-304 Recreational facilities; authorization; tax levy.
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Any city, village, school district, township, or county shall have the power to join with any other political or governmental subdivision, with any agency or public corporation, whether federal, state, or local, or with any number or combinations thereof by contract or otherwise …