Chapter 18 — CITIES AND VILLAGES; LAWS APPLICABLE TO ALL
743 sections in this chapter.
Neb. Rev. Stat. § 18-2315 Violations; penalties.
0.4K chars
Any person violating sections 18-2301 to 18-2315 or any rules or regulations adopted or ordinances passed pursuant to such sections shall be deemed guilty of a misdemeanor and shall, upon conviction thereof, be fined not more than five hundred dollars, or be imprisoned not more t…
Neb. Rev. Stat. § 18-2401 Act, how cited.
0.1K chars
Sections 18-2401 to 18-2485 shall be known and may be cited as the Municipal Cooperative Financing Act.
Neb. Rev. Stat. § 18-2402 Legislative declarations.
1.4K chars
The Legislature hereby finds and declares (1) that cooperative action by municipalities of this state in the fields of the supplying, treatment, and distribution of water, the generation, transmission, and distribution of electric power and energy, and the collection, treatment, …
Neb. Rev. Stat. § 18-2403 Definitions, sections found.
0.2K chars
For purposes of sections 18-2401 to 18-2485, unless the context otherwise requires, the definitions found in sections 18-2404 to 18-2418 shall be used.
Neb. Rev. Stat. § 18-2404 Act, defined.
0.1K chars
Act shall mean the Municipal Cooperative Financing Act.
Neb. Rev. Stat. § 18-2405 Agency, defined.
0.1K chars
Agency shall mean any of the public corporations created pursuant to sections 18-2401 to 18-2485.
Neb. Rev. Stat. § 18-2406 Board, defined.
0.1K chars
Board shall mean the board of directors of an agency.
Neb. Rev. Stat. § 18-2407 Bonds, defined.
0.1K chars
Bonds shall mean any bonds, interim certificates, notes, debentures, or other evidences of indebtedness of an agency.
Neb. Rev. Stat. § 18-2408 Director, defined.
0.3K chars
Director shall mean a member of a board and shall include an alternate. The alternate shall be appointed in the same manner as the director and shall serve and exercise all powers of a director in the absence of the director for whom he or she is the alternate.
Neb. Rev. Stat. § 18-2409 Governing body, defined.
0.3K chars
Governing body shall mean the city council in the case of a city, the village board of trustees in the case of a village, the equivalent body in the case of a municipality incorporated under the laws of another state, and the board in the case of an agency primarily comprised of …
Neb. Rev. Stat. § 18-2410 Municipality, defined.
0.7K chars
Municipality shall mean (1) any city or village incorporated under the laws of this state, any equivalent entity incorporated under the laws of another state, or any separate municipal utility which has autonomous control and was established by such a city, village, or equivalent…
Neb. Rev. Stat. § 18-2411 Participating municipality, defined.
0.2K chars
Participating municipality shall mean with respect to an agency, any one of the municipalities which is entitled to appoint a director or directors of such agency pursuant to sections 18-2401 to 18-2485.
Neb. Rev. Stat. § 18-2412 Person, defined.
0.3K chars
Person shall mean a natural person, public authority, private corporation, association, firm, partnership, limited liability company, or business trust of any nature whatsoever organized and existing under the laws of this state or of the United States or any other state thereof.
Neb. Rev. Stat. § 18-2413 Power project, defined.
1.0K chars
Power project shall mean any plant, works, system, facilities, and real and personal property of any nature whatsoever, together with all parts thereof and appurtenances thereto, used or useful in the generation, production, transmission, conservation, transformation, distributio…
Neb. Rev. Stat. § 18-2414 Project, defined.
0.3K chars
Project shall mean any power project, sewerage project, solid waste disposal project, waterworks project, or any combination of two or more thereof or any interest therein or right to capacity thereof. Project does not include the construction, maintenance, or remodeling of an ag…
Neb. Rev. Stat. § 18-2415 Public authority, defined.
0.4K chars
Public authority shall mean the state, any county, any municipality or other municipal corporation, political subdivision, governmental unit, or public corporation created by or pursuant to the laws of this state, of another state, or of the United States, and any state or the Un…
Neb. Rev. Stat. § 18-2416 Sewerage project, defined.
0.4K chars
Sewerage project shall mean any plant, works, system, facilities, and real and personal property of any nature whatsoever, together with all parts and appurtenances thereto, or any interest therein or right to capacity thereof, used or useful in the removal, discharge, conduction…
Neb. Rev. Stat. § 18-2417 Solid waste disposal project, defined.
0.4K chars
Solid waste disposal project shall mean any plant, works, systems, facilities, and real and personal property of any nature whatsoever, together with all parts thereof and appurtenances thereto, or any interest therein or right to capacity thereof, used or useful in the collectio…
Neb. Rev. Stat. § 18-2418 Waterworks project, defined.
0.4K chars
Waterworks project shall mean any plant, works, system, facilities, and real and personal property of any nature whatsoever, together with all parts thereof and appurtenances thereto, or any interest therein or right to capacity thereof, used or useful in the supplying, transport…
Neb. Rev. Stat. § 18-2419 Creation of agencies; authorized.
0.2K chars
Any combination of two or more municipalities of this state is hereby granted power and authority to create one or more agencies to exercise the powers and authority prescribed by sections 18-2401 to 18-2485.
Neb. Rev. Stat. § 18-2420 Creation of agency; procedure; board of directors; appointment; qualifications; powers.
1.4K chars
The governing body of each of the municipalities participating in the creation of such agency shall by appropriate action by ordinance or resolution determine that there is a need for such agency and set forth the names of the proposed participating municipalities of the agency. …
Neb. Rev. Stat. § 18-2421 Projects other than power projects; sections applicable.
0.2K chars
If the agency does not intend to engage in the operation of power projects or the generation or supply of electric energy, sections 18-2422 to 18-2425 shall apply.
Neb. Rev. Stat. § 18-2422 Projects other than power projects; directors; file certificate; contents.
0.7K chars
The directors shall file with the Secretary of State a certificate signed by them setting forth (1) the names of all the proposed participating municipalities, (2) the name and residence of each of the directors so far as known to them, (3) a certified copy of each of the ordinan…
Neb. Rev. Stat. § 18-2423 Projects other than power projects; certificate of incorporation; issuance; Secretary of State; duties.
1.7K chars
The Secretary of State shall examine the certificate and, if he or she finds that the name proposed for the agency is not identical with that of any other corporation or public authority of this state, or so nearly similar as to lead to confusion and uncertainty, and that such ce…
Neb. Rev. Stat. § 18-2424 Projects other than power projects; certificate of incorporation; proof of agency's establishment.
0.6K chars
In any suit, action, or proceeding involving the validity or enforcement of, or relating to, any contract of the agency, the agency shall be conclusively deemed to have been established, except as against the state, in accordance with sections 18-2401 to 18-2485 upon proof of the…
Neb. Rev. Stat. § 18-2425 Projects other than power projects; participation of additional municipalities; procedure.
1.1K chars
After the creation of an agency, any other municipality may become a participating municipality therein upon (1) application to such agency, (2) the adoption of an ordinance or passage of a resolution by the governing body of the municipality setting forth the determination presc…
Neb. Rev. Stat. § 18-2426 Power projects; sections applicable.
0.2K chars
If the agency intends to engage in the operation of power projects, or the generation or supply of electric energy, the provisions of sections 18-2426 to 18-2434 shall apply.
Neb. Rev. Stat. § 18-2427 Power projects; creation of agency; petition; contents.
0.9K chars
Upon adoption of ordinances or resolutions in accordance with section 18-2420, a petition shall be addressed to the Nebraska Power Review Board stating that it is the intent and purpose to create an agency pursuant to sections 18-2426 to 18-2434, subject to approval by the Nebras…
Neb. Rev. Stat. § 18-2428 Power projects; agency organization; conflict with certain entities; limitations.
0.6K chars
Nothing in sections 18-2401 to 18-2485 shall be construed to prevent the organization of an agency whose participating municipalities operate within, or partly within, the territorial boundaries of a district or corporation organized under the provisions of Chapter 70, article 6,…
Repealed. Laws 2003, LB 165, § 15.
0.0K chars
[Repealed or reserved.]
Neb. Rev. Stat. § 18-2430 Power projects; petition; approval procedure.
0.8K chars
If the Nebraska Power Review Board determines that the statements in the petition filed pursuant to section 18-2427 are true and conform to public convenience and welfare and, so long as the plants, systems, and works, the operation of the same, the exercise of powers, and the as…
Neb. Rev. Stat. § 18-2431 Power projects; certificate of approval; where filed; effect.
0.5K chars
Upon final approval the Nebraska Power Review Board shall immediately cause one copy of the certificate to be forwarded to and filed in the office of the Secretary of State and the other one to be forwarded to and filed in the office of the county clerk of the county in which the…
Neb. Rev. Stat. § 18-2432 Power projects; appeal; procedure.
0.2K chars
An appeal of any final action of the Nebraska Power Review Board pursuant to the Municipal Cooperative Financing Act may be taken to the Court of Appeals. Such appeal shall be in accordance with rules provided by law for appeals in civil cases.
Neb. Rev. Stat. § 18-2433 Power projects; petition for agency creation; amendment; approval procedure.
1.3K chars
(1) A petition for the creation of an agency which intends to engage in the operation of power projects or the generation or supply of electrical energy may be amended as provided in this section. Upon a majority vote of the directors, an agency may amend its petition for creatio…
Neb. Rev. Stat. § 18-2434 Power projects; certificate of approval; proof of agency's establishment.
0.6K chars
In any suit, action, or proceeding involving the validity or enforcement of, or relating to, any contract of the agency, the agency shall be conclusively deemed to have been established, except as against the state, in accordance with sections 18-2401 to 18-2485 upon proof of the…
Neb. Rev. Stat. § 18-2435 Director; removal; certificate of appointment; term; vacancy; expenses.
1.2K chars
A director may be removed for any cause at any time by the governing body of the municipality for which such director acts or by the board pursuant to its bylaws. A certificate of the appointment or reappointment of any director shall be filed with the clerk of the municipality f…
Neb. Rev. Stat. § 18-2436 Directors; number; voting; quorum; meetings.
1.6K chars
Each participating municipality shall be entitled to appoint one director, but with the approval of each of the participating municipalities as evidenced by an ordinance or resolution of the governing body thereof, an agency's bylaws may contain a provision entitling any of the p…
Neb. Rev. Stat. § 18-2437 Board; elect officers; executive director; employees.
0.7K chars
The directors shall elect a chairperson and vice-chairperson of the board from among the directors. The agency shall have power to employ an executive director. The directors shall elect a secretary who shall either be from among the directors or the executive director. The agenc…
Neb. Rev. Stat. § 18-2438 Board; create committees; powers; meetings.
1.1K chars
The board of an agency may create an executive committee the composition of which shall be set forth in the bylaws of the agency. The executive committee shall have and exercise the power and authority of the board during intervals between the board's meetings in accordance with …
Neb. Rev. Stat. § 18-2439 Agency; dissolution; withdrawal of municipality; outstanding bonds, how treated; assets, how distributed; municipality; expelled or suspended; participation terminated or suspended; fair and reasonable procedure; notice; liability.
3.0K chars
(1) An agency shall be dissolved upon the adoption, by the governing bodies of at least half of the participating municipalities, of an ordinance or resolution setting forth the determination that the need for such municipality to act cooperatively through an agency no longer exi…
Neb. Rev. Stat. § 18-2440 Agency; power to tax denied; general powers and duties.
0.9K chars
An agency established pursuant to sections 18-2401 to 18-2485 shall constitute a political subdivision and a public body corporate and politic of this state exercising public powers separate from the participating municipalities. An agency shall have the duties, privileges, immun…
Neb. Rev. Stat. § 18-2441 Agency; powers; enumerated.
5.0K chars
The powers of an agency shall include the power: (1) To plan, develop, construct, reconstruct, operate, manage, dispose of, participate in, maintain, repair, extend, improve, or acquire by purchase, gift, lease, or otherwise, one or more projects within or outside this state and …
Neb. Rev. Stat. § 18-2442 Construction and other contracts; cost estimate; sealed bids; when; exceptions.
5.2K chars
(1) An agency shall cause estimates of the costs to be made by some competent engineer or engineers before the agency enters into any contract for: (a) The construction, reconstruction, remodeling, building, alteration, maintenance, repair, extension, or improvement, for the use …
Neb. Rev. Stat. § 18-2443 Construction and other contracts; bids; advertisement.
1.0K chars
Prior to advertisement for sealed bids, plans and specifications for the proposed work or materials shall be prepared and filed at the principal office or place of business of the agency. Such advertisement shall be made in three issues, not less than seven days between issues, i…
Neb. Rev. Stat. § 18-2444 Construction and other contracts; responsible bidder; considerations; letting of contract.
1.2K chars
The board of directors of the agency may let the contract for such work or materials to the responsible bidder who submits the lowest and best bid or, in the sole discretion of the board, all bids tendered may be rejected, and readvertisement for bids made, in the manner, form, a…
Neb. Rev. Stat. § 18-2445 Emergencies; conditions created by war; contracting requirements inapplicable; Nebraska workers preferred; bonds; laws applicable.
1.8K chars
(1) In the event of sudden or unexpected damage, injury, or impairment of such project, plant, works, system, or other property belonging to the agency, or an order of a regulatory body which would prevent compliance with section 18-2442, the board of directors may, in its discre…
Neb. Rev. Stat. § 18-2446 Funds; how expended; report; bonds or insurance policies; required, when.
0.9K chars
(1) Money of the agency shall be paid out or expended only upon the authorization or approval of the board of directors by specific agreement, by a written contract, by a resolution, or by adoption of the budget. All money of the agency shall be paid out or expended only by check…
Neb. Rev. Stat. § 18-2447 Purchase of services by municipality; terms and conditions.
2.3K chars
Notwithstanding any other provision of Nebraska law, any municipality may enter into agreements with an agency for the purchase of water, electric power and energy, energy conservation services or devices, energy sources or fuels, sewerage services, or solid waste disposal servic…
Neb. Rev. Stat. § 18-2448 Purchase agreement; obligations of nondefaulting municipality; contracting municipality; duties; contributions authorized.
2.0K chars
(1) The obligations of a nondefaulting municipality under a purchase agreement with an agency or arising out of the default by any other municipality with respect to a purchase agreement shall constitute special and limited obligations of the nondefaulting municipality payable so…
Neb. Rev. Stat. § 18-2449 Sale of excess capacity; joint projects; authorized.
0.7K chars
(1) An agency may sell or exchange excess capacity of any project or any excess water, electrical energy or power, energy source, or fuel, produced or owned by the agency not required by any of the participating municipalities. An agency may make such sale to any person for such …