Chapter 70 — POWER DISTRICTS AND CORPORATIONS
528 sections in this chapter.
Neb. Rev. Stat. § 70-628 District; additional powers.
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In addition to the rights and powers enumerated in Chapter 70, article 6, and in no manner limiting or restricting the same, each district shall be deemed to be and shall have and exercise each and all of the rights and powers of a public electric light and power district or publ…
Neb. Rev. Stat. § 70-628.01 Joint exercise of powers by districts; agreement; terms and conditions; agent; powers and duties; prudent utility practice, defined; liabilities; sale, lease, merger, or consolidation; procedure.
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(1) Such district shall have and may exercise any one or more of the powers, rights, privileges, and franchises mentioned in sections 70-625 to 70-628, either alone or jointly with one or more other districts. In any joint exercise of powers, rights, privileges, and franchises wi…
Neb. Rev. Stat. § 70-628.02 Joint exercise of powers with municipalities and public agencies; authority.
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The Legislature declares that it is in the public interest of the State of Nebraska that public power districts and public power and irrigation districts be empowered to participate jointly or in cooperation with municipalities and other public agencies in the establishment and o…
Neb. Rev. Stat. § 70-628.03 Joint exercise of powers with electric cooperatives or corporations; authority.
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The Legislature declares that it is in the public interest of the State of Nebraska that public power districts and public power and irrigation districts be empowered to participate jointly or in cooperation with one or more electric cooperatives or electric membership corporatio…
Neb. Rev. Stat. § 70-628.04 Joint exercise of powers; agreement; terms and conditions; agent; powers and duties; liability of district.
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Any public power district or public power and irrigation district participating jointly and in cooperation with others in an electric generation or transmission facility, a hydrogen production, storage, or distribution facility, or an ethanol production or distribution facility s…
Neb. Rev. Stat. § 70-629 Power to tax denied; exception.
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Except for the authority to make assessments granted by section 70-667 to districts organized under or subject to Chapter 70, article 6, the district shall have no power of taxation, and no governmental authority shall have the power to levy or collect taxes for the purpose of pa…
Neb. Rev. Stat. § 70-630 Water storage or service; contract required; conditions.
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No person, irrigation district or irrigation company shall be liable for the payment of any rent or charge for water storage or service unless a contract therefor has been entered into between such person, irrigation district or irrigation company, and the power and irrigation di…
Neb. Rev. Stat. § 70-631 Power to borrow; repayment of indebtedness; source of funds; security for indebtedness.
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Any district organized under or subject to Chapter 70, article 6, shall have the power to borrow money and incur indebtedness for any corporate use or purpose upon such terms and in such manner as such district shall determine. Any and every indebtedness, liability, or obligation…
Neb. Rev. Stat. § 70-632 Indebtedness; pledge of revenue, how made.
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Any district issuing revenue debentures, notes, warrants, bonds, or other evidences of indebtedness is hereby specifically authorized and empowered to pledge all or any part of the revenue which the district may derive from the sale of electrical energy, hydrogen produced for use…
Neb. Rev. Stat. § 70-633 Pledge of revenue; terms; directors to prescribe; officer of district; powers authorized.
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Any such resolution or agreement may specify the particular revenue that is pledged and the terms and conditions to be performed by the district and the rights of the holders of such revenue debentures, notes, warrants, bonds, or other evidences of indebtedness, and may provide f…
Neb. Rev. Stat. § 70-634 Pledge of revenue; provision for refunding indebtedness.
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Such resolution or agreement may further provide for the refunding of any such revenue debentures, notes, warrants, bonds or other evidences of indebtedness, through the issuance of other revenue debentures, notes, warrants, bonds or other evidences of indebtedness, entitled to r…
Neb. Rev. Stat. § 70-635 Pledge of revenue; special fund.
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Any such resolution or agreement may provide that all or any part of the revenue of the district shall be paid into a special fund, and may set forth all the terms and conditions on which such special fund is to be collected, held and disposed of, whether partly or wholly for the…
Repealed. Laws 1967, c. 422, § 2.
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[Repealed or reserved.]
Neb. Rev. Stat. § 70-636 District; rates; agreement with security holders.
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The directors of any district organized under or subject to Chapter 70, article 6, are authorized to agree with the holders of any such revenue debentures, notes, warrants, bonds, or other evidences of indebtedness as to the maximum or minimum amounts which such district shall ch…
Neb. Rev. Stat. § 70-637 Construction, repairs, and improvements; contracts; sealed bids; exceptions; notice; when.
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(1) A district shall cause estimates of the costs to be made by some competent engineer or engineers before the district enters into any contract for: (a) The construction, reconstruction, remodeling, building, alteration, maintenance, repair, extension, or improvement, for the u…
Neb. Rev. Stat. § 70-638 Contracts; sealed bids; advertisement.
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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 district. Such advertisement shall be made in three issues, not less than seven days between issues,…
Neb. Rev. Stat. § 70-639 Letting of contracts; considerations.
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The board of directors of the district 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,…
Neb. Rev. Stat. § 70-640 Contracts; Nebraska workmen preferred.
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Such contract shall provide that, wherever possible, workmen who are citizens of Nebraska shall be employed by the contractor.
Neb. Rev. Stat. § 70-641 Contracts; bonds; laws applicable.
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All provisions of section 52-118, with reference to contractors' bonds, shall be applicable and effective as to any contract let pursuant to the provisions of sections 70-637 to 70-640, except that with respect to any electric generating facility, the penal sum of any contractor'…
Neb. Rev. Stat. § 70-642 Damage, injury, or impairment to district property; emergencies; procedure.
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In the event of sudden or unexpected damage, injury or impairment of such plant, works, system, or other property belonging to the district, or an order of a regulatory body which would prevent compliance with section 70-637, the board of directors may, in its discretion, declare…
Neb. Rev. Stat. § 70-642.01 Conditions created by war or national defense; contracting requirements inapplicable.
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When, by reason of disturbed or disrupted economic conditions due to the prosecution of war or due to the operation of laws, rules or regulations of governmental authorities, whether enacted, passed, promulgated or issued under or due to the emergency or necessities of war or nat…
Repealed. Laws 2020, LB1055, § 22.
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[Repealed or reserved.]
Repealed. Laws 1997, LB 764, § 113.
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[Repealed or reserved.]
Repealed. Laws 1997, LB 764, § 113.
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[Repealed or reserved.]
Neb. Rev. Stat. § 70-643 District; funds; how expended; bond, when required.
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(1) Money of the district shall be paid out or expended only upon the authorization or approval of the board of directors by specific agreement, a written contract, or by a resolution. All money of the district shall be paid out or expended only by check, draft, warrant, or other…
Neb. Rev. Stat. § 70-644 District facilities and property; mortgage authorized; when.
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No power plant, system, or irrigation works owned by a district shall be sold, alienated or mortgaged by such district, except under the circumstances set forth in this section and sections 70-645 to 70-653.02. If, in order to borrow money from the federal government, the Rural E…
Neb. Rev. Stat. § 70-645 Pledge of revenue; authorized; when.
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Nothing in sections 70-644 to 70-653.02 contained shall prevent the district from assigning, pledging, or otherwise hypothecating, its revenue, incomes, receipts, or profits to secure the payment of indebtedness to the federal government; Provided, that the State of Nebraska shal…
Repealed. Laws 1997, LB 658, § 16.
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[Repealed or reserved.]
Neb. Rev. Stat. § 70-646.01 District property; alienation to private power producers prohibited; exceptions.
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Except as provided in sections 18-412.07 to 18-412.09, 70-628.02 to 70-628.04, or 70-644 to 70-653.02, the plant, property, or equipment of a public power district shall never, by sale under foreclosure, receivership, bankruptcy proceedings, outright sale, or lease, become the pr…
Neb. Rev. Stat. § 70-647 Indebtedness; default; possession by creditors; agreement authorized; terms; property restored to district; when.
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In order to protect and safeguard the security and the rights of the purchasers or holders of revenue debentures, notes, warrants, or other evidences of indebtedness, issued by any district organized under or subject to Chapter 70, article 6, each such district may agree with suc…
Neb. Rev. Stat. § 70-648 Receivership; when authorized; discharge of receiver; when.
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The board of directors of any district organized under or subject to Chapter 70, article 6, issuing revenue debentures, notes, warrants, or other evidences of indebtedness is hereby also authorized and empowered to agree and contract with the purchasers or holders thereof that in…
Neb. Rev. Stat. § 70-649 Plant and system; sale to public agency; authorized; transfer of distribution facilities; restrictions; exception.
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Any public power district or public power and irrigation district may sell to any public power district, public power and irrigation district, irrigation district, city or village, any power plant, electric generating plant, electric distribution system, or any parts thereof, for…
Neb. Rev. Stat. § 70-650 Plant and system; sale to city or village; when required; valuation and severance damages; procedure.
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Whenever any public power district or public power and irrigation district shall, as herein provided, acquire, by purchase, lease, or otherwise, any electric distribution system, or any part or parts thereof, situated within or partly within any city or village, if any part of su…
Neb. Rev. Stat. § 70-650.01 Electric distribution system; city or village; conveyed on request; when; notice required; referendum.
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Except as provided in sections 70-1101 to 70-1106, whenever any public power district or public power and irrigation district shall have acquired, by purchase, lease, or otherwise, any electric distribution system, or any part or parts thereof, situated within or partly within an…
Repealed. Laws 1982, LB 592, § 2.
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[Repealed or reserved.]
Repealed. Laws 1959, c. 317, § 6.
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[Repealed or reserved.]
Neb. Rev. Stat. § 70-651.01 Districts; payments in lieu of taxes.
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Every public power district or public power and irrigation district owning property with respect to which it made payments in lieu of taxes in the 1957 calendar year, shall, so long as it continues to own such property, continue to pay annually the same amounts in the same manner…
Neb. Rev. Stat. § 70-651.02 Districts; payments in lieu of taxes; distribution; use.
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The officer receiving payment under section 70-651.01 shall distribute to the state and to each governmental subdivision of the state entitled thereto a part of such payment equivalent to that part of the payment which it received in 1957 in lieu of taxes for property located wit…
Neb. Rev. Stat. § 70-651.03 Districts; gross revenue tax; how determined.
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Beginning in 1960, every public corporation and political subdivision of the state, which is organized primarily to provide electricity or irrigation and electricity, and which sells electricity at retail within incorporated cities or villages, shall on or before April 1, of each…
Neb. Rev. Stat. § 70-651.04 Districts; gross revenue tax; distribution.
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All payments which are based on retail revenue from each incorporated city or village shall be divided and distributed by the county treasurer to that city or village, to the school districts located in that city or village, to any learning community located in that city or villa…
Neb. Rev. Stat. § 70-651.05 Public power districts; payment made in lieu of other taxes and fees; exceptions.
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All payments made under sections 70-651.01 to 70-651.05 shall be in lieu of all other taxes, payments in lieu of taxes, franchise payments, occupation taxes, and excise taxes but shall not be in lieu of motor vehicle licenses and wheel taxes, permit fees, fuel taxes, and other su…
Repealed. Laws 1959, c. 317, § 6.
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[Repealed or reserved.]
Repealed. Laws 1959, c. 317, § 6.
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[Repealed or reserved.]
Neb. Rev. Stat. § 70-653.01 Electric distribution system; purchase by city or village; payment in lieu of taxes.
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Any city or village which has purchased or acquired before June 10, 1947, the plant or property of an existing electric distribution system furnishing electric energy for heat, light, power or other purposes for use within such city or village from any public power district or pu…
Neb. Rev. Stat. § 70-653.02 Cities and villages; payment in lieu of taxes; how paid.
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All sums of money to be paid by such cities or villages in lieu of taxes may be paid at the times, places, and to the tax-collecting officers, as now or may hereafter be provided by law for the payment of taxes, as long as such city or village shall continue to be the owner of su…
Repealed. Laws 1959, c. 317, § 6.
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[Repealed or reserved.]
Neb. Rev. Stat. § 70-655 Reasonable rates required; negotiated rates authorized; conditions.
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(1) Except as otherwise provided in this section, the board of directors of any district organized under or subject to Chapter 70, article 6, shall have the power and be required to fix, establish, and collect adequate rates, tolls, rents, and other charges for electrical energy,…
Repealed. Laws 1963, c. 425, art. 8, § 2.
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[Repealed or reserved.]
Repealed. Laws 1997, LB 658, § 16.
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[Repealed or reserved.]
Neb. Rev. Stat. § 70-658 Existing utility; lease, purchase, or acquisition by district; franchise and contracts; compliance required.
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In the event that any such district shall lease, purchase or acquire, in any manner, the generating plant, distribution system or other property of an existing utility then or theretofore furnishing electrical energy for heat, light, power, or other purposes, for the use or benef…