Chapter 18 — CITIES AND VILLAGES; LAWS APPLICABLE TO ALL
743 sections in this chapter.
Neb. Rev. Stat. § 18-3411 Land bank; funding; real property taxes collected on conveyed property; allocation; notice to county treasurer; when required.
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(1) A land bank may receive funding through grants and loans from the municipality or municipalities that created the land bank, from other municipalities, from the state, from the federal government, and from other public and private sources. (2) A land bank may receive and reta…
Neb. Rev. Stat. § 18-3412 Land bank; bonds; issuance; procedure; negotiable instruments; tax exempt; liability; termination of power to issue bonds.
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(1) Subject to subsection (7) of this section, a land bank shall have the power to issue bonds for any of its corporate purposes, the principal and interest of which are payable from its revenue generally. Any of such bonds shall be secured by a pledge of any revenue of the land …
Neb. Rev. Stat. § 18-3413 Board; minutes; record; meetings; public records; reports.
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(1) The board shall cause minutes and a record to be kept of all its proceedings. Meetings of the board shall be subject to the Open Meetings Act. (2) All of a land bank's records and documents shall be considered public records for purposes of sections 84-712 to 84-712.09. (3) T…
Neb. Rev. Stat. § 18-3414 Land bank; dissolution; procedure; notice; assets.
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A land bank may be dissolved sixty calendar days after a resolution of dissolution is approved in accordance with this section. For a land bank created pursuant to subsection (1) of section 18-3404, the resolution of dissolution must be approved by two-thirds of the members of th…
Neb. Rev. Stat. § 18-3415 Conflicts of interest; board; duties.
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(1) No member of the board or employee of a land bank shall acquire any interest, direct or indirect, in real property of the land bank, in any real property to be acquired by the land bank, or in any real property to be acquired from the land bank. No member of the board or empl…
Neb. Rev. Stat. § 18-3416 Taxes or special assessments; lien or claim; discharge and extinguishment; procedure; remit payments to county treasurer.
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(1) Whenever any real property is acquired by a land bank and is encumbered by a lien or claim for real property taxes or special assessments owed to one or more political subdivisions of the state, the land bank may, by resolution of the board, discharge and extinguish any and a…
Neb. Rev. Stat. § 18-3417 Sale of property for nonpayment of taxes; land bank; power to bid; purchase of tax sale certificate; apply for tax deed or foreclose lien.
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(1)(a) At any sale of real property for the nonpayment of taxes conducted pursuant to sections 77-1801 to 77-1863, a land bank may: (i) Bid on such real property in an amount equal to the total amount of taxes, interest, and costs due on the real property. If a bid is given pursu…
Neb. Rev. Stat. § 18-3418 Sale of property as part of foreclosure proceedings; land bank; powers.
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(1)(a) At any sale of real property conducted as part of foreclosure proceedings under sections 77-1901 to 77-1941, a land bank may: (i) Bid on such real property in an amount that the land bank would be willing to pay for such real property. If a bid is given pursuant to this su…
Neb. Rev. Stat. § 18-3501 Community Improvement District Act, how cited.
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Sections 18-3501 to 18-3559 shall be known and may be cited as the Community Improvement District Act.
Neb. Rev. Stat. § 18-3502 Terms, defined.
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For purposes of the Community Improvement District Act: (1) Administrator means the person appointed by the city council of the city or board of trustees of the village in which the community improvement district is located pursuant to section 18-3542 to manage the affairs of a c…
Neb. Rev. Stat. § 18-3503 Community improvement district; formation by majority of owners; purposes; articles of association; contents; filing; approval by city or village; ordinance, required.
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(1)(a) A majority of the owners, as determined in subsection (5) of this section, having an interest in the real property within the limits of a proposed community improvement district, situated wholly within a village or city in this state at the time of approval pursuant to sec…
Neb. Rev. Stat. § 18-3504 Articles of association; notice; contents; hearing.
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(1) Immediately after the articles of association and request for approval have been filed, as provided for by subsection (4) of section 18-3503, the clerk of the city or village where the articles are filed shall schedule a hearing to be held within ninety days after the date of…
Neb. Rev. Stat. § 18-3505 Articles of association; objections.
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Any owner of real estate situated in the proposed community improvement district who has not signed the articles of association and who may object to the organization of the community improvement district or to any one or more of the proposed trustees shall, at least seven calend…
Neb. Rev. Stat. § 18-3506 Hearing; when held; approval; ordinance; contents; requirements.
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(1) The hearing with respect to such application and any objections scheduled pursuant to subsection (1) of section 18-3504 shall be held by the city council or village board of trustees on the date and time provided in the notice of association. At the conclusion of such hearing…
Neb. Rev. Stat. § 18-3507 Community improvement district; corporate existence and powers.
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A community improvement district shall be a body corporate and politic by the name of Community Improvement District Number ........... of the (city or village) of ........... and shall have the power and authority to take and hold real and personal property necessary for its use…
Neb. Rev. Stat. § 18-3508 Corporate filings required.
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Within forty-five days after a community improvement district has been declared a public corporation by the city council or village board of trustees, the clerk of the community improvement district shall transmit to the Secretary of State a certified copy of the record relating …
Neb. Rev. Stat. § 18-3509 Trustees; administrator; appointment; powers and duties.
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(1) Within thirty days after the city council or village board of trustees has declared a community improvement district to be a public corporation, the trustees appointed upon formation shall meet and elect one of their number chairperson and one of their number clerk of the com…
Neb. Rev. Stat. § 18-3510 Register of deeds, county clerk, and election commissioner; filing of statement; contents.
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Within thirty days after the creation of a community improvement district, the clerk of the community improvement district shall file with the register of deeds, county clerk, and election commissioner, of each county or counties in which the community improvement district is loc…
Neb. Rev. Stat. § 18-3511 Chairperson, clerk, administrator; bond; premium.
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The chairperson and clerk or administrator of any community improvement district shall, upon assuming his or her respective office, execute and file with the city or village clerk of the city or village in which such community improvement district is located, a bond, with one or …
Neb. Rev. Stat. § 18-3512 Meetings; notice; minutes.
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(1) Except as provided in subsection (5) of section 84-1411, the clerk or administrator of each community improvement district shall notify the city or village where such district is located of all meetings of the community improvement district board of trustees or called by the …
Neb. Rev. Stat. § 18-3513 Statements; filed; contents; late filing; fee; duties of real estate broker, salesperson, or owner; acknowledgment from purchaser; remedy.
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(1)(a) On or before December 31 of each year, the clerk of each community improvement district shall file with the register of deeds or the clerk of the city or village in which the community improvement district is located a statement updated each December 31 containing the foll…
Neb. Rev. Stat. § 18-3514 Board of trustees; election; procedure; term; notice; reduction in number of trustees; procedure.
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(1)(a) On the first Tuesday after the second Monday in September which is at least fifteen months after the city council or village board of trustees passes the ordinance creating a community improvement district and on the first Tuesday after the second Monday in September each …
Neb. Rev. Stat. § 18-3515 Election commissioner or county clerk; conduct election; certify results.
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(1)(a) At any election held to elect trustees of a community improvement district, the ballots shall be received, counted, and canvassed by an election board of two or more persons appointed by the election commissioner or county clerk. (b) Such board shall select one of their nu…
Neb. Rev. Stat. § 18-3516 Election commissioner or county clerk; notification; required; costs of election.
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Not later than June first of each year, the election commissioner or county clerk shall determine which community improvement districts in the county are required to hold elections in such year and shall so notify the clerk of each such community improvement district on or before…
Neb. Rev. Stat. § 18-3517 Election of trustees; special election; when held.
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Notwithstanding the appointment of an administrator for any community improvement district pursuant to sections 18-3542 to 18-3551, special elections shall be held for the election of members of the board of trustees for such community improvement district in the same manner and …
Neb. Rev. Stat. § 18-3518 Acquisition of property; conditions.
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A community improvement district may acquire by purchase, condemnation, or otherwise, real or personal property, right-of-way, and privilege, within or without its corporate limits, necessary for its corporate purposes. Such acquisition by the community improvement district may b…
Neb. Rev. Stat. § 18-3519 Eminent domain; procedure.
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Subject to the limitations related to state property set out in subsection (2) of section 18-3520, whenever the board of trustees or administrator of any community improvement district shall by order determine to make any public improvement under the provisions of the Community I…
Neb. Rev. Stat. § 18-3520 State or public lands; right of eminent domain; limitations.
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(1) Whenever it shall be necessary, in making any improvement under the provisions of the Community Improvement District Act, to enter upon or cross any state or public lands, the community improvement district shall have the right to acquire a right-of-way across the same by the…
Neb. Rev. Stat. § 18-3521 Property tax levy authorized; county treasurer; duties.
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(1) The community improvement district shall have the power to annually levy a tax on the taxable value of the taxable property in the community improvement district at an aggregate rate not to exceed the levy rate specified in the articles of organization and approved by ordinan…
Neb. Rev. Stat. § 18-3522 Trustees or administrator; powers; plans or contracts; approval required; hearing; contracts authorized; audit; failure to perform audit; effect; connection with city sewerage system; rental or use charge; levy; special assessment.
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(1) The board of trustees or the administrator of any community improvement district organized under the Community Improvement District Act shall have power to: (a) Construct, install, improve, equip, maintain, and repair public infrastructure in or related to such community impr…
Neb. Rev. Stat. § 18-3523 Articles of association; amend; property tax rate; amendment; procedure.
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Whenever a majority of the board of trustees shall deem it advisable to amend the articles of association of the community improvement district to change the maximum permitted levy rate, and after a proposed amendment to the articles of association has been signed by a majority o…
Neb. Rev. Stat. § 18-3524 Contracts; bidding requirements.
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All contracts for construction work to be done or materials or equipment purchased, the expense of which is more than fifty thousand dollars, shall be let to the lowest responsible bidder, upon notice of not less than twenty days, of the terms and conditions of the contract to be…
Neb. Rev. Stat. § 18-3525 Public infrastructure improvements; other costs; resolution of necessity; special assessments; requirements.
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(1) Whenever the board of trustees or the administrator deems it advisable or necessary to build, reconstruct, purchase, or otherwise acquire public infrastructure improvements or to incur other costs permitted by the Community Improvement District Act, the board of trustees shal…
Neb. Rev. Stat. § 18-3526 Resolution; hearing; notice; objections; procedure.
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(1) Notice of the time and place, which place shall be in the city or village where the community improvement district is organized, when any resolution proposed under section 18-3525 shall be set for consideration before the board of trustees or the administrator, shall be given…
Neb. Rev. Stat. § 18-3527 Resolution; improvements; authorized.
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Upon compliance with sections 18-3525 and 18-3526, the board of trustees or the administrator may by resolution order the contracting, making, reconstruction, purchase, or otherwise acquiring of any of the improvements provided for in the Community Improvement District Act.
Neb. Rev. Stat. § 18-3528 Improvements; contract; notice; bids.
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After ordering any such improvements, other than payment of contracts to other political subdivisions, as provided in the Community Improvement District Act, the board of trustees or the administrator may enter into a contract for the construction of such improvement in one or mo…
Neb. Rev. Stat. § 18-3529 Completion of contract; notice to district; objections; final payment; interest.
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If the contractor has furnished the community improvement district all required records and reports, the community improvement district shall pay the contractor interest at the rate specified in section 39-1349, as such rate may from time to time be adjusted by the Legislature, o…
Neb. Rev. Stat. § 18-3530 Improvements; engineer; certificate of acceptance; cost; statement; special assessment; notices; hearing; appeal; hearing in district court.
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(1) After the completion of any work or purchase, the engineer shall file with the clerk of the community improvement district, and the clerk of the city or village, a certificate of acceptance. Such work or purchase shall be considered accepted only after approval by the city or…
Neb. Rev. Stat. § 18-3531 Special assessments; appeal to district court; adjustments.
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Any person or any city or village aggrieved may appeal to the district court by filing a petition within twenty days after the final determination under section 18-3530. The court shall hear and determine the appeal in a summary manner as in equity, without a jury, and shall incr…
Neb. Rev. Stat. § 18-3532 Special assessments; levy; certified; manner; collection.
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(1) After the equalization of such special assessments as required by the Community Improvement District Act, such special assessments shall be levied by the board of trustees or the administrator upon all lots or parcels of ground within the community improvement district which …
Neb. Rev. Stat. § 18-3533 Improvements; assessment of benefits; exempt property; cost; interest; rate.
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(1) The board of trustees or the administrator shall not cause the following property to be assessed for any of the improvements provided for in the Community Improvement District Act: (a) Property by law not assessable, (b) property not included within the area defined in the pr…
Neb. Rev. Stat. § 18-3534 Special assessments; installment payment; interest; delinquent; collection.
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All special assessments provided for in section 18-3532 shall become due in fifty days after the date of the levy and may be paid within that time without interest, but if not so paid they shall bear interest thereafter on a per annum basis until delinquent at the greater of (1) …
Neb. Rev. Stat. § 18-3535 Special assessments; sinking fund; transfer of funds.
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All special assessments provided by the Community Improvement District Act and all connection charges collected shall, when levied, constitute a sinking fund for the purpose of paying the cost of the improvements provided for in the Community Improvement District Act with allowab…
Neb. Rev. Stat. § 18-3536 Improvements; bonds; warrants; procedure; issuance; negotiability; extension of due date; hearing; interest; levy; sinking fund; tax; publication of resolution or other proceedings; right to contest; procedure.
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(1) For the purpose of paying the cost of public infrastructure improvements and other corporate purposes as provided for in the Community Improvement District Act, the board of trustees or the administrator shall have the power to issue negotiable bonds of any such community imp…
Neb. Rev. Stat. § 18-3537 Change in boundary; petition; notice; hearing; ordinance; effect.
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(1) The community improvement district may be enlarged and additional territory annexed to the community improvement district. Initiation of any such enlargement shall be by petition filed with the clerk of the community improvement district, signed by persons owning not less tha…
Neb. Rev. Stat. § 18-3538 Dissolution; procedure; effect.
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(1) Whenever a majority of the board of trustees or the administrator of any community improvement district organized under the Community Improvement District Act desires that the community improvement district shall be wholly dissolved, the trustees or administrator shall first …
Neb. Rev. Stat. § 18-3539 Merger; procedure; effect.
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(1) Whenever a majority of the respective boards of trustees or the administrators of two community improvement districts organized under the Community Improvement District Act, organized within the same city or village shall desire that one of the community improvement districts…
Neb. Rev. Stat. § 18-3540 Detachment; procedure; effect.
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(1) Whenever a majority of the board of trustees or the administrator of any community improvement district organized under the Community Improvement District Act, desires that any property within the community improvement district be detached from the community improvement distr…
Neb. Rev. Stat. § 18-3541 Land in two districts; detachment from one district; approval.
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When any land is a part of two community improvement districts and the owners of such land desire that it be a part of only one community improvement district, such owners shall file their request with the trustees or the administrator of each community improvement district. The …
Neb. Rev. Stat. § 18-3542 Appointment of an administrator; petition; conditions.
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A petition may be filed with the district court of the county in which a majority of the real property of a community improvement district is located for referral of the community improvement district to the city council of the city or board of trustees of the village in which th…