reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-3595 - Hospital authority; board of trustees; duties.

23-3595.
Hospital authority; board of trustees; duties.
All hospitals operated directly by an authority and not operated or leased as lessee by a nonprofit person, firm, partnership, limited liability company, association, or corporation shall be operated by the board of trustees of such authority according to the best interests of the public health, and the board of trustees shall make and enforce all rules, regulations, and bylaws necessary for the administration, government, protection, and maintenance of such hospitals and all property belonging thereto and may prescribe the terms upon which patients may be admitted thereto. Such hospitals shall not be required to contract with counties or with agencies thereof to provide care for indigent county patients at below the cost for care. In fixing the basic room rates for such hospitals, the board of trustees shall establish such basic room rates as will, together with other income and revenue available for such purpose and however derived, permit each such hospital to be operated upon a self-supporting basis. In establishing basic room rates for such hospital, the board of trustees shall give due consideration to at least the following factors: Costs of administration, operation, and maintenance of such hospitals; the cost of making necessary repairs and renewals thereto; debt service requirements; the creation of reserves for contingencies; and projected needs for expansion and for the making of major improvements. Minimum standards of operation for such hospitals, at least equal to those set by the Department of Health and Human Services, shall be established and enforced by the board of trustees.
In the case of hospitals financed with the proceeds of bonds issued by an authority, but not operated directly by an authority, the board of trustees shall require that the financing documents contain covenants of the operators of such hospitals to establish rates at least sufficient to pay costs of administration, operation, and maintenance of such hospitals, the cost of making necessary repairs and renewals thereto, and to provide for debt service requirements, the creation of reserves for contingencies, and projected needs for expansion and the making of major improvements.
Source
Laws 1971, LB 54, § 20;
Laws 1972, LB 1382, § 2;
Laws 1980, LB 801, § 2;
R.S.1943, (1987), § 23-343.93;
Laws 1993, LB 121, § 165;
Laws 1996, LB 1044, § 58;
Laws 2007, LB296, § 25.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-3596 - Hospital authority; board of trustees; pecuniary interest in contract; prohibited; penalty.

23-3596.
Hospital authority; board of trustees; pecuniary interest in contract; prohibited; penalty.
No member of the board of trustees, or any person who shall have been a member of the board of trustees at any time during the immediately preceding period of two years, shall have any direct or indirect personal pecuniary interest in the purchase of any material to be used by or supplied to such authority, or in any contract with such authority. Any person violating the provisions of this section shall be guilty of a Class II misdemeanor, and his office shall be vacated.
Source
Laws 1971, LB 54, § 21;
Laws 1977, LB 40, § 88;
R.S.1943, (1987), § 23-343.94.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-3597 - Hospital authority; structures; construction; submission of plans.

23-3597.
Hospital authority; structures; construction; submission of plans.
Prior to constructing any structure which is to be utilized as a hospital or as a nursing home, as opposed to structures related thereto, the question of constructing such structure shall be submitted to the appropriate local or area health planning agency for its consideration and review if there has been created, pursuant to state or federal law, such a local or area health planning agency having jurisdiction within the area in which the proposed structure is to be constructed. Such local or area health planning agency shall within sixty days render its findings and recommendations, if any, and shall be deemed to have approved construction of the proposed structure if its findings and recommendations have not been rendered within such period of sixty days. The provisions of this section shall not apply to the purchase or other acquisition by an authority of any interest in any existing structure which is to be utilized as a hospital if such structure has been in existence for more than one year.
Source
Laws 1971, LB 54, § 22;
Laws 1972, LB 1382, § 3;
Laws 1986, LB 733, § 3;
R.S.1943, (1987), § 23-343.95.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-3598 - Hospital authority; construction; plans; recommendations; effect.

23-3598.
Hospital authority; construction; plans; recommendations; effect.
The findings and recommendations, if any, of the appropriate local health planning agency, if any, shall be considered by the board of trustees of the hospital authority in making its determination as to whether or not to proceed with construction of the proposed structure.
Source
Laws 1971, LB 54, § 24;
Laws 1979, LB 412, § 4;
Laws 1986, LB 733, § 4;
R.S.1943, (1987), § 23-343.97.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-3599 - Hospital authority; bonds; issuance.

23-3599.
Hospital authority; bonds; issuance.
An authority may issue bonds for the purpose of purchasing or otherwise acquiring an existing structure or structures and related furniture and equipment, including the site or sites upon which the same are located, for use as a hospital, and to furnish, equip, alter, renovate, and remodel the same, or for constructing, furnishing, and equipping new facilities or additions or improvements to existing facilities, or for the purpose of providing for the refunding of any bonds issued under sections 23-3579 to 23-35,120.
An authority shall also have the power to issue bonds for the purpose of refinancing indebtedness incurred for the benefit of a hospital.
In lieu of acquiring an interest in a hospital, an authority may lend the proceeds from the sale of its bonds for any of the purposes set forth in this section, and such financing, which shall be pursuant to a loan agreement, may be either unsecured or secured as the board of trustees of the authority shall determine. Bonds may be issued under sections 23-3579 to 23-35,120 notwithstanding any debt or other limitation, including limitation as to interest rates, prescribed in any statute.
Source
Laws 1971, LB 54, § 26;
Laws 1972, LB 1382, § 5;
Laws 1980, LB 801, § 3;
R.S.1943, (1987), § 23-343.99.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-35,100 - Hospital authority; bonds; principal and interest; payment out of revenue.

23-35,100.
Hospital authority; bonds; principal and interest; payment out of revenue.
The principal and interest on such bonds shall be payable exclusively from the income and revenue of the facilities purchased, constructed, altered, renovated, remodeled, furnished and equipped with the proceeds of such bonds or with such proceeds together with the proceeds of a grant from the federal government to aid in financing, furnishing or equipping thereof;
Provided,
that an authority may, in its discretion, also pledge to the payment of the principal and interest on any such bonds all or any part of the income and revenue derived from the operation of any or all of the other facilities then owned or operated by it;
and provided further,
that an authority may in its discretion, also expressly provide that any such bonds shall be general obligations of the authority payable out of any revenue, income, receipts, profits, or other money or funds of the authority derived from any source whatsoever. Such bonds may be additionally secured by a trust indenture.
Source
Laws 1971, LB 54, § 27;
Laws 1972, LB 1382, § 6;
Laws 1974, LB 693, § 4;
R.S.1943, (1987), § 23-343.100.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-35,101 - Hospital authority; trustees; bonds; exempt from liability.

23-35,101.
Hospital authority; trustees; bonds; exempt from liability.
Neither the trustees of the authority nor any person executing the bonds shall be liable personally on the bonds by reason of the issuance thereof.
Source
Laws 1971, LB 54, § 28;
R.S.1943, (1987), § 23-343.101.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-35,102 - Hospital authority; bonds, obligations; not debt of political subdivision.

23-35,102.
Hospital authority; bonds, obligations; not debt of political subdivision.
The bonds and other obligations of the authority shall not be a debt of any county, city or village in which the authority is located or of the state, and neither the state nor any such county, city or village shall be liable thereon, nor in any event shall they be payable out of any funds or properties other than those of the authority, and such bonds and obligations shall so state on their face. The bonds shall not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation of the laws of this state.
Source
Laws 1971, LB 54, § 29;
R.S.1943, (1987), § 23-343.102.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-35,103 - Hospital authority; bonds; maturity; interest.

23-35,103.
Hospital authority; bonds; maturity; interest.
The bonds of the authority shall be authorized by its resolution and shall be issued in one or more series and shall bear such date or dates, mature at such time or times, not exceeding sixty years from their respective dates, bear interest at such rate or rates, payable annually or semiannually, be in such denominations, which may be made interchangeable, be in such form, either coupon or registered, carry such registration privileges, be executed in such manner, be payable in such medium of payment, at such place or places either within or without the state, and be subject to such terms of redemption, with or without premium, as such resolution or its trust indenture may provide.
Source
Laws 1971, LB 54, § 30;
R.S.1943, (1987), § 23-343.103.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-35,104 - Hospital authority; bonds; sale.

23-35,104.
Hospital authority; bonds; sale.
The bonds may be sold at public or private sale at such price or prices or such rate or rates, and at such premiums or at such discounts, as the authority shall determine.
Source
Laws 1971, LB 54, § 31;
R.S.1943, (1987), § 23-343.104.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-35,105 - Hospital authority; interim certificates; issuance.

23-35,105.
Hospital authority; interim certificates; issuance.
Pending the authorization, preparation, execution or delivery of definitive bonds, the authority may issue interim certificates, or other temporary obligations, to the purchaser of such bonds. Such interim certificates, or other temporary obligations, shall be in such form, contain such terms, conditions and provisions, bear such date or dates, and evidence such agreements relating to their discharge or payment or the delivery of definitive bonds as the authority may by resolution or trust indenture determine.
Source
Laws 1971, LB 54, § 32;
R.S.1943, (1987), § 23-343.105.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-35,106 - Hospital authority; bonds; signature; validation.

23-35,106.
Hospital authority; bonds; signature; validation.
In case any of the officers whose signatures appear on any bonds or coupons shall cease to be such officers before the delivery of such bonds, such signatures shall, nevertheless, be valid and sufficient for all purposes, the same as if they had remained in office until such delivery.
Source
Laws 1971, LB 54, § 33;
R.S.1943, (1987), § 23-343.106.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-35,107 - Hospital authority; bonds; purchase; cancellation.

23-35,107.
Hospital authority; bonds; purchase; cancellation.
The authority shall have the power out of any funds available therefor to purchase any bonds issued by it at a price not more than the principal amount thereof, the then applicable premium payable upon their redemption, or the next applicable redemption premium if the bonds are not then redeemable, and the accrued interest;
Provided,
that bonds payable exclusively from the revenue of a designated facility or facilities shall be purchased only out of any such revenue available therefor. All bonds so purchased shall be canceled. This section shall not apply to the redemption of bonds.
Source
Laws 1971, LB 54, § 34;
R.S.1943, (1987), § 23-343.107.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-35,108 - Hospital authority; bonds, interim certificates, obligations; issuance; validation.

23-35,108.
Hospital authority; bonds, interim certificates, obligations; issuance; validation.
Any provision of any law to the contrary notwithstanding, any bonds, interim certificates, or other obligations issued pursuant to the provisions of sections 23-3579 to 23-35,120 shall be fully negotiable.
Source
Laws 1971, LB 54, § 35;
R.S.1943, (1987), § 23-343.108.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-35,110 - Hospital authority; bonds; obligee; rights.

23-35,110.
Hospital authority; bonds; obligee; rights.
An obligee of the authority shall have the right in addition to all other rights which may be conferred on such obligee subject only to any contractual restrictions binding upon such obligee:
(1) By mandamus, suit, action or proceeding in law or equity, all of which may be joined in one action, to compel the authority, and the trustees, officers, agents or employees thereof to perform each and every term, provision and covenant contained in any resolutions, contracts or trust indentures of the authority, and to require the carrying out of any or all covenants and agreements of the authority and the fulfillment of all duties imposed upon the authority by the provisions of sections 23-3579 to 23-35,120; or
(2) By suit, action or proceeding in equity to enjoin any acts or things which may be unlawful or the violation of any of the rights of such obligee of the authority.
Source
Laws 1971, LB 54, § 37;
R.S.1943, (1987), § 23-343.110.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-35,111 - Hospital authority; bonds; default; remedies of obligees.

23-35,111.
Hospital authority; bonds; default; remedies of obligees.
Any authority shall have power by its trust indenture, lease or other contract to confer upon any obligee holding or representing a specified amount in bonds, lease or other obligations the right upon the happening of an event of default as defined in such instrument:
(1) By suit, action or proceeding in any court of competent jurisdiction to obtain the appointment of a receiver of any hospital facility or facilities of the authority or any part or parts thereof. If such receiver be appointed, he may enter and take possession of such hospital facility or facilities or any part or parts thereof and operate and maintain the same, and collect and receive all income, fees, rents, revenue, or other charges thereafter arising therefrom in the same manner as the authority itself might do and shall keep such money in a separate account or accounts and apply the same in accordance with the obligations of the authority as the court shall direct; or
(2) By suit, action or proceeding in any court of competent jurisdiction to require the authority and the trustees thereof to account as if it and they were the trustees of an express trust.
Source
Laws 1971, LB 54, § 38;
R.S.1943, (1987), § 23-343.111.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-35,112 - Hospital authority; rights and remedies; cumulative.

23-35,112.
Hospital authority; rights and remedies; cumulative.
All the rights and remedies conferred in sections 23-3579 to 23-35,120 shall be cumulative and shall be subject to sale by the foreclosure of a trust indenture, or any other instrument thereon, or relating to any contract with the authority.
Source
Laws 1971, LB 54, § 39;
R.S.1943, (1987), § 23-343.112.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-35,113 - Hospital authority; property; subject to foreclosure; exempt from execution and liens.

23-35,113.
Hospital authority; property; subject to foreclosure; exempt from execution and liens.
No interest of the authority in any property, real or personal, shall be subject to sale by foreclosure of a mortgage, trust indenture, or any other instrument thereon, or relating thereto, either through judicial proceedings or the exercise of a power of sale contained in such instrument. All property of the authority shall be exempt from levy and sale by virtue of an execution, and no execution or other judicial process shall issue against the same. No judgment against the authority shall be a charge or lien upon its property, real or personal. Nothing in this section shall limit or be construed as limiting the right of a holder of a bond to reduce such bond, or the interest thereon, to judgment in the event of the failure of the authority to pay the principal of or interest on such bond as and when the same become due, or to prohibit, or be construed as prohibiting, such holder from enforcing and collecting such judgment out of the revenue and other money of the authority pledged to the payment of such bond and the interest thereon.
Source
Laws 1971, LB 54, § 40;
R.S.1943, (1987), § 23-343.113.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-35,114 - Hospital authority; bonds; refunding; applicability of provisions.

23-35,114.
Hospital authority; bonds; refunding; applicability of provisions.
(1) Any hospital authority is hereby authorized to provide for the issuance of bonds of the authority for the purpose of refunding any bonds of the authority then outstanding, including the payment of any redemption premium thereon and any interest accrued or to accrue to the earliest or subsequent date of redemption, purchase or maturity of such bonds, and, if deemed advisable by the authority, for the additional purpose of paying all or any part of the cost of constructing and acquiring additions, improvements, extensions or enlargements of a hospital or any portion thereof. Any such refunding bonds may, if the board of trustees in its absolute discretion finds the same to be in the best interests of the authority, bear a rate of interest or rates of interest higher than the rate or rates of interest carried by the bonds to be refunded and redeemed.
(2) The proceeds of any such bonds issued for the purpose of refunding outstanding bonds may, in the discretion of the authority, be applied to the purchase or retirement at maturity or redemption of such outstanding bonds either on their earliest or any subsequent redemption date or upon the purchase or at the maturity thereof and may, pending such application, be placed in escrow to be applied to such purchase or retirement at maturity or redemption on such date as may be determined by the authority.
(3) All such refunding bonds shall be subject to the provisions of sections 23-3579 to 23-35,120 in the same manner and to the same extent as other bonds issued pursuant to the provisions of sections 23-3579 to 23-35,120.
Source
Laws 1971, LB 54, § 41;
R.S.1943, (1987), § 23-343.114.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-35,115 - Hospital authority; bonds; who may purchase.

23-35,115.
Hospital authority; bonds; who may purchase.
Bonds issued by any authority under the provisions of sections 23-3579 to 23-35,120 are hereby made securities in which all agencies, public officers and public bodies of the state and its political subdivisions, all insurance companies, state banks and trust companies, national banking associations, building and loan associations, savings and loan associations, investment companies, executors, administrators, trustees and other fiduciaries, and all other persons whatsoever who are now or may hereafter be authorized to invest in bonds or other obligations of the state, may properly and legally invest funds, including capital in their control or belonging to them. Such bonds are hereby made securities which may properly and legally be deposited with and received by any state or municipal officer or any agency or political subdivision of the state for any purpose for which the deposit of bonds or obligations of the state is now or may hereafter be authorized by law, and shall also be eligible and lawful security for all deposits of public funds of the state and of its political subdivisions, to the extent of the full value of the bonds and appurtenant coupons.
Source
Laws 1971, LB 54, § 42;
R.S.1943, (1987), § 23-343.115.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-35,116 - Hospital authority; powers; supplemental to other laws; bonds.

23-35,116.
Hospital authority; powers; supplemental to other laws; bonds.
The Hospital Authorities Act shall be deemed to provide a complete, additional, and alternative method for the doing of the things authorized thereby and shall be regarded as supplemental and additional to powers conferred by other laws, except that the issuance of bonds and refunding bonds under the act need not comply with the requirements of any other law applicable to the issuance of bonds, including, but not limited to, Chapter 10, and the bonds shall not be required to be registered in the office of any county clerk or treasurer, comptroller, or finance director of any city or village. The bonds shall constitute exempt securities within the meaning of section 8-1110. Except as otherwise expressly provided in the Hospital Authorities Act, none of the powers granted to an authority under the act shall be subject to the supervision or regulation or require the approval or consent of any municipality or political subdivision or any commission, court, board, body, bureau, official, or agency thereof or of the state.
Source
Laws 1971, LB 54, § 43;
R.S.1943, (1987), § 23-343.116;
Laws 2001, LB 420, § 23.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-35,117 - Hospital authority; taxation exemption.

23-35,117.
Hospital authority; taxation exemption.
The exercise of the powers granted by the provisions of sections 23-3579 to 23-35,120 will be in all respects for the benefit of the people of this state, for the increase of their commerce, welfare and prosperity, and for the improvement of their health and living conditions, and as the operation and maintenance of a hospital by an authority or its agents will constitute the performance of an essential public function, neither the authority nor its agents shall be required to pay any taxes or assessments upon or in respect of a hospital or any property acquired or used by the authority or its agents under the provisions of sections 23-3579 to 23-35,120 or upon the income therefrom, and any bonds issued under the provisions of sections 23-3579 to 23-35,120, their transfer and the income therefrom, including any profit made on the sale thereof, shall at all times be free from taxation of every kind by the state and by the municipalities and other political subdivisions in the state.
Source
Laws 1971, LB 54, § 44;
R.S.1943, (1987), § 23-343.117.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-35,118 - Hospital authority; county board; dissolve; when.

23-35,118.
Hospital authority; county board; dissolve; when.
Whenever it shall have paid or provided for the payment of all of its outstanding obligations, and it shall appear to the board of trustees of an authority that the need for such authority no longer exists, then upon petition by the board of trustees to the county board of the county in which the authority is situated, and upon the production of satisfactory evidence in support of such petition, the county board shall enter an order declaring that the need for such authority no longer exists, and approving a plan for the winding up of the business of the authority, the payment or assumption of its obligations, and the transfer of its assets.
Source
Laws 1971, LB 54, § 45;
R.S.1943, (1987), § 23-343.118.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-35,119 - Hospital authority; order of dissolution; effect.

23-35,119.
Hospital authority; order of dissolution; effect.
If the county board shall enter an order, as provided in section 23-35,118, that the need for such authority no longer exists, except for the winding up of its affairs in accordance with the plan approved by the county board, its authorities, powers and duties to transact business or to function shall cease to exist as of that date set forth in the order of the county board.
Source
Laws 1971, LB 54, § 46;
R.S.1943, (1987), § 23-343.119.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-35,120 - Hospital authority; bonds; holders; contract with state; powers.

23-35,120.
Hospital authority; bonds; holders; contract with state; powers.
(1) The State of Nebraska covenants and agrees with the holders of bonds issued by an authority that the state will not limit or alter the rights vested by sections 23-3579 to 23-35,120 in an authority to acquire, maintain, construct, reconstruct, and operate hospitals; to establish and collect such rates, rentals, charges, and fees as may be convenient or necessary to produce sufficient revenue to meet the expense of maintenance and operation of such hospitals and to fulfill the terms of any agreements made with holders of bonds of the authority. The state will also not in any way impair the rights and remedies of the bondholders until the bonds together with interest thereon and with interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceedings by or on behalf of the bondholders, are fully met and discharged. The provisions of sections 23-3579 to 23-35,120 and of the proceedings authorizing bonds thereby shall constitute a contract with the holders of said bonds.
(2) Notwithstanding any other provision of the Hospital Authorities Act to the contrary, in addition to any other powers which an authority has, an authority may engage in the financing of any hospital or the refinancing of any indebtedness incurred to finance a hospital, whether or not incurred prior to or after March 27, 1979, by issuing its bonds pursuant to a plan of financing involving an acquisition or commitment to acquire or use any federally guaranteed security or securities and may enter into any agreement which it deems necessary or desirable in order to effectuate any such plan. For the purposes of this section, federally guaranteed security shall mean any direct obligation of the United States of America or any obligation the payment of principal of and interest on which are fully or partially guaranteed by the United States of America, whether or not secured by other collateral, and shall include, without limitation, any security guaranteed by the Government National Mortgage Association under section 306(g) of the National Housing Act, 12 U.S.C. 1721(g). The provisions of section 23-35,113 shall not apply in the case of any such financing or refinancing.
Source
Laws 1971, LB 54, § 47;
Laws 1979, LB 441, § 1;
R.S.1943, (1987), § 23-343.120.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-3603 - Terms, defined.

23-3603.
Terms, defined.
For purposes of the County Industrial Sewer Construction Act:
(1) County shall mean any county with a population in excess of one hundred thousand inhabitants according to the most recent federal decennial census and at least forty percent of the population residing within the corporate boundaries of cities of the first and second class located in the county; and
(2) Sewerage disposal system and plant or plants shall mean and include any system or works above or below ground which has for its purpose the removal, discharge, conduction, carrying, treatment, purification, or disposal of liquid and solid waste and night soil.
Source
Laws 1994, LB 1139, § 3.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-3604 - Sewerage disposal system and plant; authorized; county; powers; vote by city or village governing body; when required.

23-3604.
Sewerage disposal system and plant; authorized; county; powers; vote by city or village governing body; when required.
(1) Any county in this state may own, construct, equip, and operate a sewerage disposal system and plant or plants for the treatment, purification, and disposal, in a sanitary manner, of liquid and solid wastes, sewage, and night soil or extend or improve any existing sanitary sewer system for the purpose of meeting the future needs of planned commercial or industrial users. The authority granted to a county under the provisions of the County Industrial Sewer Construction Act shall extend to the acquisition, leasing, or contracting for the use of a sewerage disposal system and plant or plants, and the county shall exercise this authority in the same manner as provided in the act for the construction, installation, improvement, or extension of a sewerage disposal system and plant or plants. A county is authorized to contract for the performance of any act or function provided for in the act with regard to the construction, installation, improvement, or extension of a sewerage disposal system and plant or plants or for the acquisition, leasing, or contracting for the use of a sewerage disposal system and plant or plants, except for such acts or functions as are governmental in nature.
(2) No county shall exercise the authority granted by the act within the boundaries of any incorporated city or village or outside the boundaries of the county. When more than fifty percent of the proposed length of a sewerage disposal system project will be located within the area of a city or village's declared extraterritorial zoning jurisdiction, the authority granted by the act shall not be exercised by a county without prior approval of the proposed project by a vote of the governing body of the city or village.
(3) Any county may acquire by gift, grant, purchase, or condemnation the necessary lands for the purposes authorized by the act.
Source
Laws 1994, LB 1139, § 4.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-3605 - Proposed system; resolution of county board; contents; procedure; county board; duties.

23-3605.
Proposed system; resolution of county board; contents; procedure; county board; duties.
At such time as the county board decides to construct or install a sewerage disposal system and plant or plants or decides to improve or extend an existing system, the county board shall formally adopt a resolution indicating its intent to proceed with such engineering studies and the development of such plans as are necessary to proceed with the development of the system. Such resolution shall specify the proposed location of the system and the area or areas which it will serve. The resolution shall specify what particular future needs of planned commercial or industrial users will be served by the development of the proposed system. Prior to adopting the resolution, the county board may conduct feasibility studies on sewerage system development and receive preliminary cost estimates on such development. At the discretion of the county board the resolution may, if such information is available, indicate the estimated cost of the development of the proposed sewerage disposal system and plant or plants and the manner in which such system and plants will be financed. Following the adoption of the resolution, the county board shall require that appropriate engineering studies be conducted and that plans and specifications be prepared of the proposed sewerage disposal system and plant or plants or improvement or extension of the existing system.
Source
Laws 1994, LB 1139, § 5.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-3606 - Adoption of resolution; notices required.

23-3606.
Adoption of resolution; notices required.
Not later than seven days after the adoption of the resolution by the county board regarding a sewerage disposal system and plant or plants pursuant to section 23-3605, the county board shall:
(1) Send formal notice of such resolution to the clerk of each city and village located within the county and inform such clerks of its intent to establish the boundaries of each city's or village's area of future growth and development within the boundaries of the county; and
(2) Send formal notice of such resolution to any city or other political subdivision into whose sewerage disposal system and plant or plants the proposed county sewerage system will or may connect.
Source
Laws 1994, LB 1139, § 6.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-3607 - City or village; proposed boundaries; file map.

23-3607.
City or village; proposed boundaries; file map.
Within forty-five days after the receipt of the notice provided for in section 23-3606, each city or village shall file with the county clerk a map clearly delineating the proposed boundaries of the area of future growth and development of the city or village within the county as developed and approved by the governing body of the city or village.
Source
Laws 1994, LB 1139, § 7.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-3608 - City or village; proposed boundaries; contents.

23-3608.
City or village; proposed boundaries; contents.
In defining the proposed boundaries of its area of future growth and development, each city or village shall include at least the area over which it formally exercises jurisdiction for purposes of zoning and platting. Each city or village may include in its proposed boundaries of the area of future growth and development such unincorporated lands within the county not more than five miles beyond its corporate limits which the city or village reasonably anticipates will in the future come within the jurisdiction of the city or village for purposes of zoning and platting as a result of long-range future growth. The boundaries of the area of future growth and development proposed by each city or village shall be based upon documented population and economic growth trends and projected patterns of land development and infrastructure improvement. The area of future growth and development of a city or village shall be delineated in conformity with the comprehensive development plan of the city or village or in conformance with the goals and standards in such plan. The governing body of the city or village shall not take formal action on the delineation of its area of future growth and development until it has received a recommendation thereon from its planning commission.
Source
Laws 1994, LB 1139, § 8.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-3609 - Maps; review by county board; notice.

23-3609.
Maps; review by county board; notice.
The county board shall review the maps delineating the areas of future growth and development received from each city and village and shall identify those portions of the county which two or more cities or villages claim as being within each of their respective areas of future growth and development. Within fifteen days after the date upon which the last map was filed pursuant to section 23-3607, the county board shall notify the cities or villages that are claiming overlapping portions of areas of future growth and development of the territory which is the subject of dispute and of the other cities or villages claiming the same territory within their areas of future growth and development. The notice shall state the location, date, and time when the county board will hold a public hearing for all interested parties on the question of which city or village should properly be permitted to include the disputed territory within its defined area of future growth and development. Such notice shall be delivered at least twenty days prior to the public hearing.
Source
Laws 1994, LB 1139, § 9.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-3610 - Public hearing; adoption of map; disputed area; county board; duties.

23-3610.
Public hearing; adoption of map; disputed area; county board; duties.
(1) The county board shall hold a public hearing on each disputed area pursuant to such notice as set out in section 23-3609. Within fifteen days after the completion of such public hearings, the county board shall formally adopt a map designating and delineating the boundaries of the area of future growth and development of each city or village within the county.
(2) Over all territory regarding which there is no dispute between any cities or villages as to inclusion in their respective areas of future growth and development, the county board shall accept the recommended delineations of the cities and villages and incorporate them without amendment into its formal map.
(3) When any cities or villages involved in a dispute over the inclusion of territory within their respective areas of future growth and development reach an agreement on the allocation of the disputed territory and inform the county board of such agreement prior to the board's final action to adopt a formal map, the county board shall accept the agreement on the allocation and incorporate the agreed-upon delineation without amendment into its formal map.
(4) In determining any disputes on the allocation of territory not otherwise resolved by agreement between disputing cities and villages and in making its formal delineations with regard to such territory, the county board shall base its decision on the relative likelihood of the disputed area coming within the jurisdiction of the cities or villages for zoning or platting purposes based on (a) growth and land development patterns and (b) documented population and economic growth trends. The county board shall place the disputed area within the area of future growth and development of the city or village which would, based upon such factors, be the most likely city or village to first assume jurisdiction over such territory for zoning or platting purposes.
Source
Laws 1994, LB 1139, § 10.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-3611 - Map; change or amendment; procedure.

23-3611.
Map; change or amendment; procedure.
(1) After the adoption of the map designating and delineating areas of future growth and development of the cities and villages in the county by the county board as provided in section 23-3610, the map shall not be changed or amended except as provided in subsections (2) and (3) of this section.
(2) When the county board is notified that the area over which a city or village formally exercises jurisdiction for purposes of zoning or platting has been extended so as to include a portion of the area of future growth and development of another city or village, the board shall promptly amend the map so as to place the territory that is in the jurisdiction of the city or village for zoning or platting purposes within the area of future growth and development of the same city or village.
(3) Upon the request of a city or village which recites that changes in growth and development patterns or population and economic trends have necessitated changes in the map of areas of growth and development, the county board shall review the territories specified in the request as requiring reallocation and make such changes as it deems warranted. The review shall be carried out in the same manner as prescribed in sections 23-3609 and 23-3610 for dealing with disputed territory, and any changes made by the county board shall be based on the same criteria as used by the board in making its original determination.
Source
Laws 1994, LB 1139, § 11.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-3612 - Notice to city or village; contents.

23-3612.
Notice to city or village; contents.
At such time as the county board determines that it is prepared to proceed with orders for the development of the sewerage disposal system and plant or plants proposed in the resolution under section 23-3605, it shall formally give notice to the city or village, within whose area of future growth and development the sewerage disposal system and plant or plants will be located, of its intent to proceed. In the event that the sewerage disposal system and plant or plants project will be located within the area of future growth and development of more than one city or village, the county shall give notice to that city or village within whose area more than fifty percent of the sewerage disposal system and plant or plants, as determined by linear measure, will be located. With the notice the county shall provide the city or village with copies of all relevant documents and information regarding the sewerage disposal system and plant or plants and the plans for its development, including any estimates of cost and proposed plans for financing the project.
Source
Laws 1994, LB 1139, § 12.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-3613 - City or village; schedule public hearing; presentation by county.

23-3613.
City or village; schedule public hearing; presentation by county.
Not less than twenty days after receiving the notice provided for in section 23-3612, the city or village governing body shall schedule a public hearing for consideration of the county proposal for development of the sewerage disposal system and plant or plants. At such hearing, the county shall present its plans for the proposed development for the sewerage disposal system and plant or plants and the governing body of the city or village shall receive public comment on the matter.
Source
Laws 1994, LB 1139, § 13.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-3614 - City or village; vote on proposal; criteria.

23-3614.
City or village; vote on proposal; criteria.
Within fifteen days after the public hearing under section 23-3613, the city or village governing body shall vote in open public session on whether or not to authorize the county to proceed with the development of the sewerage disposal system and plant or plants. The governing body shall base its decision on the following criteria:
(1) Whether the development of the proposed sewerage disposal system and plant or plants is consistent with the sewerage system of the city or village and the comprehensive development plan of the county;
(2) Whether the proposed sewerage disposal system and plant or plants will enhance the possibility for industrial or commercial development in the area it will serve;
(3) Whether the proposed sewerage disposal system and plant or plants will encourage additional residential development in the area it will serve;
(4) Whether the county has developed appropriate plans and procedures to address the possibility of future residential development in the area and to ensure that such development proceeds in a fashion consistent with the standards established by the city or village for development within its area of jurisdiction for platting and zoning purposes;
(5) Whether the county has proposed measures for cooperative action between the city or village and the county to address matters of concern with regard to the sewerage disposal system and plant or plants, its development, or related development issues;
(6) Whether the city or village is willing to proceed with the development of the proposed sewerage disposal system and plant or plants as its own project or in cooperation with the county;
(7) Whether the land development projects occurring as a result of the development of the sewerage disposal system and plant or plants will require additional infrastructure expenditures to support the proposed industrial or commercial development and the impact of such required infrastructure expenditures upon then current city or village and county capital improvement plans; and
(8) Whether the projected commercial or industrial development occurring as a result of the development of the sewerage disposal system and plant or plants will have a positive or adverse impact upon the economy of the city or village and the county.
Unless a number of members of the city or village governing body equal to two-thirds or more of its elected members vote against authorizing the county to proceed with the development of the sewerage disposal system and plant or plants, the county may proceed with the development of the system at the discretion of the county board.
Source
Laws 1994, LB 1139, § 14.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-3615 - Order for installation, improvement, or extension; bids.

23-3615.
Order for installation, improvement, or extension; bids.
Whenever the county board has ordered the installation of a sewerage disposal system and plant or plants or the improvement or extension of an existing system, the fact that such order was issued shall be recited in the official minutes of the county board. Upon approval of plans for such installation, improvement, or extension, the county board shall advertise for sealed bids for the construction of the system, improvement, or extension once a week for three weeks in a legal newspaper published in or of general circulation within the county, and the contract shall be awarded to the lowest responsible bidder.
Source
Laws 1994, LB 1139, § 15.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-3616 - Sewer tax levy; authorized; use; vote; when required.

23-3616.
Sewer tax levy; authorized; use; vote; when required.
For the purpose of owning, operating, constructing, maintaining, and equipping a sewerage disposal system and plant or plants as authorized by the County Industrial Sewer Construction Act or improving or extending an existing system, a county may make a special levy known as the sewer tax levy not to exceed three and five-tenths cents on each one hundred dollars upon the actual value of all the taxable property within any such county subject to section 77-3443. Any levy exceeding such amount for the purposes of such act shall be submitted for approval to the registered voters of the county at a general election or special election called for such purpose. The proceeds of such levy shall be used only for the purposes enumerated in this section and for no other purpose.
Source
Laws 1994, LB 1139, § 16;
Laws 1996, LB 299, § 18;
Laws 1996, LB 1114, § 51.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-3617 - Revenue bonds; authorized.

23-3617.
Revenue bonds; authorized.
A county may issue revenue bonds for the purpose of owning, operating, constructing, and equipping a sewerage disposal system and plant or plants or improving or extending an existing system. Such revenue bonds shall not impose any general liability upon the county but shall be secured only by the revenue as provided from such sewerage disposal system and plant or plants. Such revenue bonds shall be sold for not less than par value and bear interest at a rate set by the county board. The amount of such revenue bonds, either issued or outstanding, shall not be included in computing the maximum amount of bonds which the county may be authorized to issue under any statute of this state.
Source
Laws 1994, LB 1139, § 17.