Chapter 18, CITIES AND VILLAGES; LAWS APPLICABLE TO ALL
568 sections in this chapter.
Neb. Rev. Stat. § 18-2516 Signature sheet; requirements.
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Every signature sheet shall: (1) Contain the caption required in subdivision (1)(a) of section 18-2513; (2) Be part of a complete and authorized petition when presented to potential signatories; and (3) Comply with the requirements of section 32-628.
Neb. Rev. Stat. § 18-2517 Petition; signers and circulators; requirements.
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Signers and circulators shall comply with sections 32-629 and 32-630.
Neb. Rev. Stat. § 18-2518 Petition; filed; signature verification; costs; time limitation.
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(1) Each signed petition shall be filed with the city clerk for signature verification. The city clerk shall immediately notify the county clerk or election commissioner of the signed petition. Upon the filing of a petition, a municipality, upon passage of a resolution by the gov…
Neb. Rev. Stat. § 18-2519 Measure; resubmission; limitation.
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The same measure, either in form or in essential substance, may not be submitted to the people by initiative petition, either affirmatively or negatively, more often than once every two years. No attempt to repeal or alter an existing measure or portion of such measure by referen…
Neb. Rev. Stat. § 18-2520 Measure submitted to voters by municipality; procedure; approval.
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(1) Except as provided in subsection (2) of this section, the chief executive officer and governing body of a municipality may at any time, by resolution, provide for the submission to a direct vote of the electors of any measure pending before it, passed by it, including an over…
Neb. Rev. Stat. § 18-2521 Elections; when held; city clerk; duties.
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Elections under the Municipal Initiative and Referendum Act, either at a special election or regularly scheduled primary or general election, shall be called by the city clerk. Any special election to be conducted by the election commissioner or county clerk shall be subject to s…
Neb. Rev. Stat. § 18-2522 Ballots; preparation; form.
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All ballots for use in special elections under the Municipal Initiative and Referendum Act shall be prepared by the city clerk and furnished by the governing body, unless the governing body contracts with the county for such service, and shall be in form the same as provided by l…
Neb. Rev. Stat. § 18-2523 Initiative powers; scope.
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(1) The power of initiative allows citizens the right to enact measures affecting the governance of each municipality in the state. An initiative proposal shall not have as its primary or sole purpose the repeal or modification of existing law except if such repeal or modificatio…
Neb. Rev. Stat. § 18-2524 Initiative petition; failure of governing body to pass; effect; regular or special election.
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Whenever an initiative petition bearing signatures equal in number to at least fifteen percent of the qualified electors of a municipality has been filed with the city clerk and verified pursuant to section 18-2518, it shall be the duty of the governing body of such municipality …
Neb. Rev. Stat. § 18-2525 Initiative petition; request for special election; failure of governing body to pass; effect.
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Whenever an initiative petition bearing signatures equal in number to at least twenty percent of the qualified electors of a municipality, which petition requests that a special election be called to submit the initiative measure to a vote of the people, has been filed with the c…
Neb. Rev. Stat. § 18-2526 Adopted initiative measure; when effective; amendment or repeal; restrictions.
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If a majority of the voters voting on an initiative measure pursuant to the Municipal Initiative and Referendum Act shall vote in favor of such measure, it shall become a valid and binding measure of the municipality thirty days after certification of the election results, unless…
Neb. Rev. Stat. § 18-2527 Referendum powers; scope.
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The power of referendum allows citizens the right to repeal or amend existing measures, or portions thereof, affecting the governance of each municipality in the state.
Neb. Rev. Stat. § 18-2528 Referendum; measures excluded; measures subject to limited referendum; procedure.
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(1) The following measures shall not be subject to referendum or limited referendum: (a) Measures necessary to carry out contractual obligations, including, but not limited to, those relating to the issuance of or provided for in bonds, notes, warrants, or other evidences of inde…
Neb. Rev. Stat. § 18-2529 Referendum petition; failure of governing body to act; effect; special election.
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Whenever a referendum petition bearing signatures equal in number to at least fifteen percent of the qualified electors of a municipality has been filed with the city clerk and verified pursuant to section 18-2518, it shall be the duty of the governing body of the municipality to…
Neb. Rev. Stat. § 18-2530 Referendum petition; request for special election; failure of governing body to act; effect.
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Whenever a referendum petition bearing signatures equal in number to at least twenty percent of the qualified voters of a municipality, which petition requests that a special election be called to submit the referendum measure to a vote of the people, has been filed with the city…
Neb. Rev. Stat. § 18-2531 Adopted referendum measure; reenactment or return to original form; restrictions; failure of referendum; effect.
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If a majority of the electors voting on the referendum measure shall vote in favor of such measure, the law subject to the referendum shall be repealed or amended. A measure repealed or amended by referendum shall not be reenacted or returned to its original form except by a two-…
Neb. Rev. Stat. § 18-2532 False affidavit; false oath; penalty.
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Whoever knowingly or willfully makes a false affidavit or takes a false oath regarding the qualifications of any person to sign petitions under the Municipal Initiative and Referendum Act shall be guilty of a Class I misdemeanor with a fine not to exceed three hundred dollars.
Neb. Rev. Stat. § 18-2533 Petitions; illegal acts; penalty.
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Whoever falsely makes or willfully destroys a petition or any part thereof, or signs a false name thereto, or signs or files any petition knowing the same or any part thereof to be falsely made, or suppresses any petition, or any part thereof, which has been duly filed, pursuant …
Neb. Rev. Stat. § 18-2534 Signing of petition; illegal acts; penalty.
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Whoever signs any petition under the Municipal Initiative and Referendum Act, knowing that he or she is not a registered voter in the place where such petition is made, aids or abets any other person in doing any of the acts mentioned in this section, bribes or gives or pays any …
Neb. Rev. Stat. § 18-2535 City clerk; illegal acts; penalty.
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Any city clerk who willfully refuses to comply with the Municipal Initiative and Referendum Act or who willfully causes unreasonable delay in the execution of his or her duties under the Municipal Initiative and Referendum Act shall be guilty of a Class I misdemeanor, but impriso…
Neb. Rev. Stat. § 18-2536 Election Act; applicability.
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The Election Act, so far as applicable and when not in conflict with the Municipal Initiative and Referendum Act, shall apply to voting on ordinances by the registered voters pursuant to the Municipal Initiative and Referendum Act.
Neb. Rev. Stat. § 18-2537 Municipal Initiative and Referendum Act; inapplicability.
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Nothing in the Municipal Initiative and Referendum Act shall apply to procedures for initiatives or referendums provided in sections 14-210 to 14-212 relating to cities of the metropolitan class, sections 18-412 and 18-412.02 relating to municipal light and power plants, sections…
Neb. Rev. Stat. § 18-2538 Declaratory judgment; procedure; effect.
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The municipality or any chief petitioner may seek a declaratory judgment regarding any questions arising under the Municipal Initiative and Referendum Act, as it may be from time to time amended, including, but not limited to, determining whether a measure is subject to referendu…
Neb. Rev. Stat. § 18-2701 Act, how cited.
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Sections 18-2701 to 18-2739 shall be known and may be cited as the Local Option Municipal Economic Development Act.
Neb. Rev. Stat. § 18-2702 Legislative findings.
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The Legislature finds that: (1) There is a high degree of competition among states and municipalities in our nation in their efforts to provide incentives for businesses to expand or to locate in their respective jurisdictions; (2) Municipalities in Nebraska are hampered in their…
Neb. Rev. Stat. § 18-2703 Definitions, where found.
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For purposes of the Local Option Municipal Economic Development Act, the definitions found in sections 18-2703.01 to 18-2709.01 shall be used.
Neb. Rev. Stat. § 18-2703.01 Advanced telecommunications capability, defined.
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Advanced telecommunications capability shall mean high-speed, broadband telecommunications capability that enables users to originate and receive high-quality voice, data, graphics, and video telecommunications using any technology.
Neb. Rev. Stat. § 18-2704 City, defined.
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City shall mean any city of the metropolitan class, city of the primary class, city of the first class, city of the second class, or village, including any city operated under a home rule charter. City shall also include any group of two or more cities acting in concert under the…
Neb. Rev. Stat. § 18-2705 Economic development program, defined.
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(1) Economic development program means any project or program utilizing funds derived from local sources of revenue for the purpose of providing direct or indirect financial assistance to a qualifying business or the payment of related costs and expenses or both, without regard t…
Neb. Rev. Stat. § 18-2706 Election, defined.
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Election shall mean any general election, primary election, or special election called by the city as provided by law.
Neb. Rev. Stat. § 18-2707 Financial institution, defined.
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Financial institution shall mean a state or federally chartered bank, a capital stock state building and loan association, a capital stock federal savings and loan association, a capital stock federal savings bank, and a capital stock state savings bank.
Neb. Rev. Stat. § 18-2708 Local sources of revenue, defined.
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Local sources of revenue means the city's property tax, the city's local option sales tax, or any other general tax levied by the city or generated from municipally owned utilities or grants, donations, or state and federal funds received by the city subject to any restrictions o…
Neb. Rev. Stat. § 18-2709 Qualifying business, defined.
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(1) Qualifying business means any corporation, partnership, limited liability company, or sole proprietorship which derives its principal source of income from any of the following: The manufacture of articles of commerce; the conduct of research and development; the processing, …
Neb. Rev. Stat. § 18-2709.01 Workforce housing plan, defined.
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Workforce housing plan means a program to construct or rehabilitate single-family housing or market rate multi-family housing which is designed to address a housing shortage that impairs the ability of the city to attract new businesses or impairs the ability of existing business…
Neb. Rev. Stat. § 18-2710 Economic development program; proposed plan, contents.
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The governing body of any city proposing to adopt an economic development program shall prepare a proposed plan for such economic development program. The proposed plan shall include: (1) A description of the city's general community and economic development strategy; (2) A state…
Neb. Rev. Stat. § 18-2710.01 Economic development program; housing for low-income or moderate-income persons; proposed plan; contents; eligibility criteria.
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(1) If the proposed economic development program involves the making of grants or loans for the construction or rehabilitation for sale or lease of housing for persons of low or moderate income, the proposed plan shall specify (a) the income levels which will qualify persons for …
Neb. Rev. Stat. § 18-2710.02 Economic development program; workforce housing plan; proposed plan; contents.
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If the proposed economic development program involves the making of grants or loans for the construction or rehabilitation for sale or lease of housing as part of a workforce housing plan, the proposed plan shall include: (1) An assessment of current housing stock in the city, in…
Neb. Rev. Stat. § 18-2710.03 Economic development program; applicant; certification regarding tax incentives; city consider information.
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(1) At the time that a qualifying business applies to a city to participate in an economic development program, the qualifying business shall certify the following to the city: (a) Whether the qualifying business has filed or intends to file an application to receive tax incentiv…
Neb. Rev. Stat. § 18-2711 Land purchase; creation of loan fund; additional requirements.
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(1) If the proposed economic development program involves the purchase of or option to purchase land, the proposed plan shall also specify the manner in which tracts of land will be identified for purchase or option to purchase and whether or not the city proposes to use the proc…
Neb. Rev. Stat. § 18-2712 Public hearing; governing body; adopt resolution; filing.
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Upon completion of the proposed plan, the governing body of the city shall schedule a public hearing at which such plan shall be presented for public comment and discussion. Following the public hearing, the governing body shall adopt the proposed plan and any amendments by resol…
Neb. Rev. Stat. § 18-2713 Election; procedures.
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(1) Before adopting an economic development program, a city shall submit the question of its adoption to the registered voters at an election. The governing body of the city shall order the submission of the question by filing a certified copy of the resolution proposing the econ…
Neb. Rev. Stat. § 18-2714 Economic development program; established by ordinance; amendment; repeal; procedures.
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(1) After approval by the voters of an economic development program, the governing body of the city shall, within forty-five days after such approval, establish the economic development program by ordinance in conformity with the terms of such program as set out in the original e…
Neb. Rev. Stat. § 18-2715 Citizen advisory review committee; membership; meetings; powers; unauthorized disclosure of information; penalty.
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(1) The ordinance establishing the economic development program shall provide for the creation of a citizen advisory review committee. The committee shall consist of not less than five or more than ten registered voters of the city who shall be appointed to the committee by the m…
Neb. Rev. Stat. § 18-2716 Expenditures; budget.
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Following the adoption of an ordinance establishing an economic development program, the amount to be expended on the program for the ensuing year or biennial period shall be fixed at the time of making the annual or biennial budget required by law and shall be included in the bu…
Neb. Rev. Stat. § 18-2717 Appropriations; restrictions.
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(1) No city of the metropolitan class or primary class shall appropriate from funds derived directly from local sources of revenue more than five million dollars for all approved economic development programs in any one year, no city of the first class shall appropriate from fund…
Neb. Rev. Stat. § 18-2718 Economic development fund; required; use; investment; termination of program; effect; continuation of program; election.
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(1) Any city conducting an economic development program shall establish a separate economic development fund. All funds derived from local sources of revenue for the economic development program, any earnings from the investment of such funds including, but not limited to, intere…
Neb. Rev. Stat. § 18-2719 Loan fund program; qualifying business; documentation required.
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At the time when a qualifying business makes application to a city to participate in a loan fund program, the qualifying business shall provide to the city appropriate documentation evidencing its negotiations with one or more primary lenders and the terms upon which it has recei…
Neb. Rev. Stat. § 18-2720 Loan fund program; loan servicing requirements.
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(1) If the economic development program involves the establishment of a loan fund, the governing body of the city shall designate an appropriate individual to assume primary responsibility for loan servicing and shall provide such other assistance or additional personnel as may b…
Neb. Rev. Stat. § 18-2721 Audit.
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The city shall provide for an annual, outside, independent audit of its economic development program by a qualified private auditing business. The auditing business shall not, at the time of the audit or for any period during the term subject to the audit, have any contractual or…
Neb. Rev. Stat. § 18-2722 Continuation of program; election; procedure.
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(1) The registered voters of any city that has established an economic development program shall, at any time after one year following the original vote on the program, have the right to vote on the continuation of the economic development program. The question shall be submitted…