reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-4032 - Business improvement district; additional assessment or levy; when; procedure.

19-4032.
Business improvement district; additional assessment or levy; when; procedure.
If, subsequent to the levy of taxes or assessments under the Business Improvement District Act, the use of any parcel of land shall change so that, had the new use existed at the time of making such levy, the assessment or levy on such parcel would have been higher than the levy or assessment actually made, an additional assessment or levy may be made on such parcel by the city council taking into consideration the new and changed use of the property. Reassessments or changes in the rate of levy of assessments or taxes may be made by the city council after notice and hearing as provided in section 19-4030. The city council shall adopt a resolution of intention to change the rate of levy at least fifteen days prior to the hearing required for changes. This resolution shall specify the proposed change and shall give the time and place of the hearing.
Source
Laws 1979, LB 251, § 18;
Laws 2019, LB193, § 225.
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-4033 - Special assessments or taxes; limitations; effect.

19-4033.
Special assessments or taxes; limitations; effect.
The total amount of special assessments or general business occupation taxes levied under the Business Improvement District Act shall not exceed the total costs and expenses of performing the authorized work. The levy of any additional assessment or tax shall not reduce or affect in any manner the assessments previously levied. The assessments or taxes levied must be for the purposes specified in the ordinances and the proceeds shall not be used for any other purpose.
Source
Laws 1979, LB 251, § 19;
Laws 1983, LB 22, § 12;
Laws 2015, LB168, § 17;
Laws 2019, LB193, § 226.
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-4035 - Business improvement district; dissolution; procedure.

19-4035.
Business improvement district; dissolution; procedure.
The city council may dissolve a business improvement district by ordinance after a hearing before the city council. The city council shall adopt a resolution of intention to dissolve the business improvement district at least fifteen days prior to the hearing required by this section. The resolution shall give the time and place of the hearing.
Source
Laws 1979, LB 251, § 21;
Laws 2019, LB193, § 228.
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-4036 - Dissolved district; assets; disposition.

19-4036.
Dissolved district; assets; disposition.
Upon dissolution of a business improvement district, any proceeds of any general business occupation tax or the special assessment, or assets acquired with such proceeds, shall be subject to disposition as the city council shall determine.
Source
Laws 1979, LB 251, § 22;
Laws 2019, LB193, § 229.
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-4037 - Funds and grants; use.

19-4037.
Funds and grants; use.
Any city which has established one or more business improvement districts is authorized to receive, administer, and disburse donated funds or grants of federal or state funds for the purposes of and in the manner authorized by the Business Improvement District Act.
Source
Laws 1979, LB 251, § 23;
Laws 2015, LB168, § 18;
Laws 2019, LB193, § 230.
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-4038 - Districts created prior to May 23, 1979; governed by act.

19-4038.
Districts created prior to May 23, 1979; governed by act.
Any business improvement district or any downtown improvement and parking district created prior to May 23, 1979, pursuant to sections 19-3401 to 19-3420 or 19-4001 to 19-4014, shall continue in existence and shall hereafter be governed by the Business Improvement District Act.
Source
Laws 1979, LB 251, § 24;
Laws 2015, LB168, § 19.
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-4301 - Public streets and sidewalks; sale of services or goods; permitted; closure; conditions.

19-4301.
Public streets and sidewalks; sale of services or goods; permitted; closure; conditions.
(1) The city council of any city may permit the public streets and sidewalks within such city to be occupied and used under a lease, license, or other permission by a person, business, or others for the sale of services or goods and may permit the placement of nonpermanent sidewalk cafes, tables, chairs, benches, and other temporary improvements from which such sales can be transacted on the public streets and sidewalks.
(2) In addition to subsection (1) of this section, the city council of any city of the primary class may permit public streets and sidewalks to be closed and a fee to be charged for access to such streets and sidewalks if the following conditions have been met:
(a) The person seeking such permission is a tax-exempt nonprofit or charitable organization exempt from taxation by the federal government;
(b) The event for which a street or sidewalk is to be closed is conducted by and for the benefit of such nonprofit or charitable organization; and
(c) The nonprofit or charitable organization has obtained written consent to close such street or sidewalk for the duration of the permitted event from all of the owners of any land or lots abutting on the street or sidewalk to be closed.
Source
Laws 1980, LB 848, § 23;
Laws 1990, LB 1076, § 1.
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-4624 - Act, how cited.

19-4624.
Act, how cited.
Sections 19-4624 to 19-4645 shall be known and may be cited as the Municipal Natural Gas System Condemnation Act.
Source
Laws 2002, LB 384, § 1.
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-4625 - Eminent domain authorized.

19-4625.
Eminent domain authorized.
A city may acquire and appropriate a gas system through the exercise of the power of eminent domain if such power is exercised in the manner specified in and subject to the Municipal Natural Gas System Condemnation Act.
Source
Laws 2002, LB 384, § 2.
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-4626 - Act; applicability.

19-4626.
Act; applicability.
(1) A city may condemn the property of a utility which constitutes a portion of a gas system without complying with the Municipal Natural Gas System Condemnation Act if the condemnation is necessary for the public purpose of acquiring an easement or right-of-way across the property of the utility or is for the purpose of acquiring a portion of the gas system for a public use unrelated to the provision of natural gas service.
(2) Nothing in the act shall be construed to govern or affect the manner in which a city which owns and operates its own gas system condemns the property of a utility when such property is brought within the corporate boundaries of the city by annexation.
Source
Laws 2002, LB 384, § 3.
Annotations
Under the plain language of subsection (2) of this section, the requirements of the Municipal Natural Gas System Condemnation Act did not apply to a city’s condemnation proceeding against property consisting of gas facilities where the property was located in an area which had been annexed by the city, and the city owned and operated its own gas system. SourceGas Distrib. v. City of Hastings, 287 Neb. 595, 844 N.W.2d 256 (2014).
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-4627 - Terms, defined.

19-4627.
Terms, defined.
For purposes of the Municipal Natural Gas System Condemnation Act:
(1) City means a city of the primary class, city of the first class, city of the second class, or village;
(2) Commission means the Public Service Commission;
(3) Gas system means all or any portion of a gas plant or a gas system, including a natural or bottled gas plant, gas distribution system, or gas pipelines, located or operating within or partly within and partly without a city, together with real and personal property needed or useful in connection therewith, if the main part of the works, plant, or system is located within the city; and
(4) Utility means an investor-owned utility owning, maintaining, and operating a gas system within a city.
Source
Laws 2002, LB 384, § 4.
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-4628 - Resolution of intent.

19-4628.
Resolution of intent.
A city proposing to acquire a gas system through the exercise of the power of eminent domain shall initiate the process by ordering the preparation of a resolution of intent to pursue condemnation of the gas system in accordance with the requirements of the Municipal Natural Gas System Condemnation Act by a vote of a majority of the members of the governing body of the city.
Source
Laws 2002, LB 384, § 5.
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-4629 - Resolution of intent; contents.

19-4629.
Resolution of intent; contents.
(1) A resolution of intent pursuant to section 19-4628 shall describe the property subject to the proposed condemnation, including the types of property and facilities to be subject to the condemnation and the extent and amount of property to be appropriated. The resolution of intent shall set forth one or more of the following:
(a) A description of the acts and omissions of the utility regarding natural gas safety which the city believes have created or may create a material threat to the health and safety of the public in the city and a description of the nature of the threat;
(b) A description of the acts and omissions of the utility regarding the terms, conditions, and quality of natural gas service to natural gas ratepayers in the city which the city believes fail to meet generally accepted standards of customer service within the natural gas industry;
(c) A comparison of the rates for natural gas charged by the utility to ratepayers in the city and of the rates charged to similarly situated ratepayers in comparably sized cities in Nebraska and neighboring states which are served by the same or different utilities, which comparison the city believes shows that the rates charged in the city are excessive; or
(d) A description of recent or contemporaneous events or disclosures regarding the utility, including, but not limited to, changes in ownership, corporate structure, financial stability, or debt rating or any other factor which the city believes indicates financial instability in the utility which may materially impair its ability to maintain appropriate levels of safety and consumer service in the city.
(2) If the resolution of intent contains provisions as set out in subdivision (1)(a) or (b) of this section, the resolution shall describe the efforts by the city to inform the utility of the utility's acts or omissions regarding safety or service and shall describe the opportunities afforded the utility to remedy the stated defects.
(3) The resolution of intent shall not contain any provision regarding nor make any references to any expected or anticipated revenue to be derived by the city in consequence of the city's condemnation or operation of the gas system.
Source
Laws 2002, LB 384, § 6;
Laws 2019, LB193, § 231.
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-4630 - Resolution of intent; public hearing.

19-4630.
Resolution of intent; public hearing.
(1) A resolution of intent to pursue condemnation pursuant to section 19-4628 shall be presented to the governing body of the city at a regular meeting of such governing body. At that meeting the governing body may adopt the resolution of intent and, if it does so, shall set a time at least forty-five days after the date of the meeting at which the resolution of intent was adopted at which time the governing body of the city shall hold a public hearing.
(2) At the public hearing, the sole item of business to be conducted shall be the public hearing on the resolution of intent at which the public shall be permitted to comment on the proposed condemnation, the utility shall be permitted to respond to the statements set out in the resolution of intent and any comments made at the public hearing, and the governing body may act as provided in section 19-4631.
(3) The city clerk shall transmit a copy of the resolution of intent and notice of the date and time of the public hearing to the utility by United States registered mail with signature confirmation within seven days after the meeting at which the resolution of intent was adopted. At least thirty days prior to the public hearing, the city shall publish notice of the time and place of the public hearing and a summary of the resolution of intent in a legal newspaper published in or of general circulation in the city.
(4) The utility may present to the city a description of portions of the gas system which (a) are not described as part of the gas system being condemned by the city and (b) are served through the town border station of the city. The utility may require the city to include in its description of the gas system being condemned any or all of those portions of the system if the proposed condemnation would sever those portions of the system from the utility's distribution facilities and would require the utility to create new infrastructure to link these portions to its existing delivery system outside the city. If the utility chooses to require the city to include additional portions of the gas system in the description of the property being condemned, it shall do so prior to the adjournment of the public hearing.
Source
Laws 2002, LB 384, § 7;
Laws 2019, LB193, § 232.
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-4631 - Condemnation motion.

19-4631.
Condemnation motion.
After the public hearing provided for in section 19-4630, the governing body of the city, by majority vote of its members, may vote to exercise the power of eminent domain and condemn the gas system or such portion thereof as described in the motion. The motion shall identify fully and accurately the property subject to the condemnation.
Source
Laws 2002, LB 384, § 8.
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-4632 - Court of condemnation; establishment.

19-4632.
Court of condemnation; establishment.
Following the adoption of a motion pursuant to section 19-4631, including an override of any veto, if necessary, the city clerk shall transmit to the Chief Justice of the Supreme Court notice of the decision of the city to pursue condemnation of the gas system. The Supreme Court shall, within thirty days after the receipt of such notice, appoint three judges of the district court from three of the judicial districts of the state to constitute a court of condemnation to ascertain and find the value of the gas system being taken. The Supreme Court shall enter an order requiring the judges to attend as a court of condemnation at the county seat of the county in which the city is located, within such time as may be stated in the order, except upon stipulation by all necessary parties as to the value of the gas system filed with the Supreme Court prior to such date. The judges shall attend as ordered and at the first meeting shall select a presiding judge, organize, and proceed with the court's duties. The court may adjourn from time to time and shall fix a time for the appearance before it of all such corporations or persons as the court may deem necessary to be made parties to such condemnation proceedings or which the city or the utility may desire to have made a party to the proceedings. If such time of appearance shall occur after any proceedings have begun, the proceedings shall be reviewed by the court, as it may direct, to give all parties full opportunity to be heard. All corporations or persons, including all mortgagees, bondholders, trustees for bondholders, leaseholders, or other parties or persons claiming any interest in or lien upon the gas system, may be made parties to the proceedings. All parties shall be served with notice of the proceedings and the time and place of the meeting of the court of condemnation in the same manner and for such length of time as the service of a summons in cases begun in the district court, either by personal service or service by publication, and actual personal service of notice within or without the state shall supersede the necessity of notice by publication.
Source
Laws 2002, LB 384, § 9;
Laws 2019, LB193, § 233.
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-4633 - Court of condemnation; procedure.

19-4633.
Court of condemnation; procedure.
In all proceedings before it, the court of condemnation shall appoint a reporter of its proceedings who shall report and preserve all evidence introduced before it. The clerk of the district court, in the county where the city is located, shall attend upon the court of condemnation and perform the duties of the clerk thereof, as the court of condemnation may direct. The sheriff of the county or any of his or her deputies shall attend upon the court of condemnation and shall have power to serve summonses, subpoenas, and all other orders or papers ordered to be served by the court. In case of a vacancy on the court, the vacancy shall be filled by the Supreme Court if the vacancy occurs while the Supreme Court is in session, and if it occurs while the Supreme Court is not in session, then by the Chief Justice. The judges constituting the court of condemnation shall be paid by the city a per diem for their services in an amount to be established by rule of the Supreme Court and the city shall pay their necessary traveling expenses, accommodation bills, and all other necessary expenses incurred while in attendance upon the sittings of the court of condemnation, with reimbursement for expenses to be made as provided in sections 81-1174 to 81-1177. The city shall pay the reporter that is appointed by the court of condemnation the amount that is set by such court. The sheriff shall serve all summonses, subpoenas, or other orders or papers ordered issued or served by the court of condemnation at the same rate and compensation for which he or she serves like papers issued by the district court, but shall account to the county for all compensation as required of him or her under the law governing his or her duties as sheriff.
Source
Laws 2002, LB 384, § 10;
Laws 2019, LB193, § 234.
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-4634 - Court of condemnation; powers and duties; costs.

19-4634.
Court of condemnation; powers and duties; costs.
(1) In ascertaining the value of the gas system, the court of condemnation shall have full power to summon witnesses, administer oaths, take evidence, order the taking of depositions, and require the production of any and all books and papers deemed necessary for a full investigation and ascertainment of the value of any portion of the gas system. When part of the gas system appropriated under the Municipal Natural Gas System Condemnation Act extends beyond the territory within which the city exercising the power of eminent domain has a right to operate the gas system, the court of condemnation, in determining the damages caused by the appropriation, shall take into consideration the fact that the portion of the gas system beyond that territory is being detached and not appropriated by the city, and the court of condemnation shall award damages by reason of the detachment and the destruction in value and usefulness of the detached and unappropriated property as it will remain and be left after the detachment and appropriation. The court of condemnation shall have all the necessary powers and perform all the necessary duties in the condemnation and ascertainment of the value and in making an award of the value of the gas system.
(2) The court of condemnation shall have power to apportion the costs of the proceedings before it between the city and the utility and the city shall provide for and pay the costs as ordered by such court. The city shall make provisions for the necessary funds and expenses to carry on the proceedings of the court of condemnation while the proceedings are in progress. If the governing body of the city elects to abandon the condemnation proceedings, the city shall pay all the costs made before the court of condemnation.
(3) If the services of expert witnesses or attorneys are secured by the utility, their fees or compensation as billed to the utility are to be taxed and paid as costs by the city to the extent that the court of condemnation determines that the fees and compensation sought (a) reflect the prevailing industry or professional charges for such services in cases of the size involved in the condemnation and (b) were reasonably necessary to a just and accurate determination of the value of the gas system. The costs of any appeal shall be adjudged against the party defeated in the appeal in the same degree and manner as is done under the general court practice relating to appellate proceedings.
Source
Laws 2002, LB 384, § 11;
Laws 2019, LB193, § 235.
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-4635 - Court of condemnation; finding of value; procedure; appeal; abandonment; when.

19-4635.
Court of condemnation; finding of value; procedure; appeal; abandonment; when.
(1) Upon the determination and filing of a finding of the value of the gas system by the court of condemnation, the city shall have the right and power, by resolution adopted by a majority of the members of its governing body, to elect to abandon the proceedings to acquire the gas system by the exercise of the power of eminent domain.
(2) If the city (a) does not elect to abandon within ninety days after the finding and filing of value or (b) formally notifies the utility by United States registered mail with signature confirmation that its governing body has voted to proceed with the condemnation, the utility owning the gas system may appeal from the finding of value and award by the court of condemnation to the district court.
(3) The appeal shall be made by filing with the city clerk within twenty days after (a) the expiration of the time given the city to exercise its rights of abandonment or (b) the date of the receipt of the notice of the city's intent to proceed with condemnation, a bond to be approved by the court of condemnation, conditioned for the payment of all costs which may be made on any appeal, and by filing in the district court, within ninety days after such bond is filed, a transcript of the proceedings before the court of condemnation, including the evidence taken before it, certified by the clerk, reporter, and judges of the court of condemnation. The appeal in the district court shall be tried and determined upon the pleadings, proceedings, and evidence in the transcript.
(4) Notwithstanding the provisions of subsection (1) of this section, the city may abandon the proceedings to acquire the gas system by the exercise of the power of eminent domain at any time prior to taking physical possession of the gas system.
Source
Laws 2002, LB 384, § 12.
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-4636 - Appeal.

19-4636.
Appeal.
Upon the hearing of an appeal pursuant to section 19-4635 in the district court, judgment shall be pronounced, as in ordinary cases, for the value of the gas system. The city or utility may appeal the judgment to the Supreme Court. All actions and proceedings under the Municipal Natural Gas System Condemnation Act which are heard by the district court or the Supreme Court shall be expedited for hearing and decision by the appropriate court as soon as the issues and parties are properly before such court. Such proceedings and actions shall be preferred over all other civil cases irrespective of their position on the calendar.
Source
Laws 2002, LB 384, § 13;
Laws 2019, LB193, § 236.
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-4637 - Voter approval.

19-4637.
Voter approval.
(1) A city shall not appropriate a gas system through the exercise of the power of eminent domain without the approval of the registered voters of the city as provided in the Municipal Natural Gas System Condemnation Act.
(2) At such time as (a) the court of condemnation has finally determined the value of the gas system and no appeal has been perfected to the district court from that determination by the city or the utility, (b) the district court has pronounced its final judgment on the value of the gas system, and neither the utility or city has perfected an appeal to the Supreme Court from such judgment, or (c) the Supreme Court has pronounced its final judgment on the value of the gas system, the governing body of the city may submit to the registered voters of the city at any general or special city election the question of whether the city should acquire the gas system by the exercise of the power of eminent domain at the price established by the court of condemnation, the district court, or the Supreme Court as the case may be. The ballot language shall describe the property to be acquired and the interest in the property being sought and shall recite the cost of the acquisition as adjudged by the court establishing the value of the gas system. The ballot question shall be in the following form:
Shall the city of (name of city) acquire by the exercise of the power of eminent domain the gas system currently owned by (name of utility) at a total cost of (set out the total dollar amount to be awarded to the utility as determined by the court of condemnation, the district court, or the Supreme Court as the case may be): ....Yes ....No
(3) The city shall submit the question to the registered voters in the manner prescribed in the Election Act. The question may be placed before the registered voters of the city at any general or special city election called for the purpose and may be submitted in connection with any city special election called for any other purpose. The votes cast on the question shall be canvassed and the result found and declared as prescribed in the Election Act.
Source
Laws 2002, LB 384, § 14.
Cross References
Election Act, see section 32-101.
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-4638 - Voter approval; effect.

19-4638.
Voter approval; effect.
If an election pursuant to section 19-4637 at which the question is submitted is a special election and sixty percent of the votes cast upon such proposition are in favor, or if such election at which the question is submitted is a general election and a majority of the votes cast upon such proposition are in favor, then the officer possessing the power and duty to ascertain and declare the result of the election shall certify the result immediately to the governing body of the city. The governing body of the city may then proceed to tender the amount of the value and award made by the court of condemnation, the district court, or the Supreme Court to the utility owning the gas system and shall have the right and power to take immediate possession of the gas system upon the tender.
Source
Laws 2002, LB 384, § 15;
Laws 2019, LB193, § 237.
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-4639 - Voter approval; time restrictions.

19-4639.
Voter approval; time restrictions.
If the governing body of the city abandons proceedings for the acquisition of the gas system at any time prior to taking possession of the gas system or the issue of acquiring the gas system by the exercise of the power of eminent domain has been submitted to and not approved by the registered voters of the city, the city shall not initiate a new proceeding for the acquisition of the gas system until twenty-four months have elapsed after the date proceedings were abandoned or after the date of the election at which the question was not approved by the registered voters of the city.
Source
Laws 2002, LB 384, § 16.
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-4640 - Bonds authorized.

19-4640.
Bonds authorized.
Following (1) the completion or dismissal of all appeals and upon a final judgment being pronounced in the case and (2) the approval of the voters to condemn the gas system at the election provided for in section 19-4637, the governing body of the city may issue and sell bonds of the city to pay the amount of the value of the gas system set out in the award and any other obligations of the city arising from the condemnation including, but not limited to, acquisitions costs, fees, court costs, and related expenses. Such bonds may be issued and sold without an additional vote of the registered voters of the city.
Source
Laws 2002, LB 384, § 17.
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-4641 - Condemnation; relinquishment authorized.

19-4641.
Condemnation; relinquishment authorized.
If a utility proposes to (1) construct a gas system in a city for the first time, (2) within an eighteen-month period, reconstruct or renovate a portion of a gas system in a city or expand the gas system in a city over an area equivalent to twenty percent or more of the area of the city being served by the utility, or (3) within an eighteen-month period, construct new facilities, improvements, or upgrades to an existing gas system to enhance service to customers or increase efficiency if the costs of making such improvements equal or exceed twenty percent of the estimated net depreciated cost of the gas system in the city prior to the addition of such improvements, the city may enter into a binding and enforceable contract as provided in sections 19-4642 to 19-4645 with the utility to relinquish its right to condemn the gas system for an expressed period of time or for a period of time determinable by formula set out in the contract.
Source
Laws 2002, LB 384, § 18.
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-4642 - Contract authorized.

19-4642.
Contract authorized.
If the utility seeks to pursue a qualifying project as specified in section 19-4641, it may negotiate a contract with the city in which the city, in consideration of the utility's promise to provide, expand, or improve natural gas service to the citizens of the city at reasonable rates, with safeguards for public health and safety, and with appropriate standards for service, agrees to relinquish its right to condemn the gas system for a period of time sufficient to enable the utility to recover the reasonable costs of the project, but not to exceed such period.
Source
Laws 2002, LB 384, § 19.
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-4643 - Contract; contents.

19-4643.
Contract; contents.
A contract entered into under section 19-4641 shall include provisions specifying:
(1) The nature of the qualifying project and the costs involved in its completion;
(2) The standards of safety to be applied to the gas system during the construction and following the completion of the project;
(3) Any terms and conditions of natural gas service to customers in the city deemed material to the contract by the city and the utility;
(4) The period of time necessary for the utility to recover the reasonable cost of the project, during which time the city relinquishes its right to condemn the gas system expressed either as a set period of time or as a period of time to expire upon the occurrence of a specified condition; and
(5) Any other provisions agreed by the city and the utility to be material to the contract.
Source
Laws 2002, LB 384, § 20.
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-4644 - Contract; review by Public Service Commission.

19-4644.
Contract; review by Public Service Commission.
(1) A city and a utility shall not formally enter into a contract under section 19-4641 until the contract has been reviewed and approved by the commission.
(2) Upon completion of negotiations for the contract, the city and utility shall jointly submit the contract for review by the commission.
(3) The commission shall, following the submission of the contract and any supporting documentation requested by the commission, schedule a public hearing to be convened in the city at which the city and utility may present any additional information and respond to questions or inquiries by the commission and at which the public may comment upon the terms and conditions of the contract. The hearing may be recessed and reconvened in the city or at any other location at the discretion of the commission.
(4) The commission shall review the contract to determine (a) the accuracy of its factual representations and calculations, (b) the reasonableness of its terms and conditions, (c) that the disclosure of material information by the city or utility regarding the contract has been full, complete, accurate, and mutual, and (d) that the contract will, if entered into, further the public interest of the city in adequate and safe natural gas service.
(5) Following its review, the commission shall, within one hundred twenty days after the date of the submission to it of the contract, approve the contract, recommend amendments to the contract to conform it to the requirements of sections 19-4641 to 19-4645, or deny approval of the contract. If the commission recommends amendments, the city and utility may adopt the amendments or renegotiate provisions of the contract and submit the amended contract for additional commission review. If the commission recommends amendments or denies approval of the contract, the city and utility may stipulate to additional time beyond the one hundred twenty days for the commission to further review amendments to or renegotiate provisions of the contract.
(6) When the commission approves the contract, the city and utility may formally enter into the contract.
(7) The commission may adopt and promulgate any rules or regulations necessary for the administration of its duties and responsibilities pursuant to sections 19-4641 to 19-4645.
Source
Laws 2002, LB 384, § 21.
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-4645 - Contract; effect.

19-4645.
Contract; effect.
(1) Except as provided in subsection (2) or (3) of this section, a contract between a city and a utility entered into under sections 19-4641 to 19-4645 shall bar the city from initiating condemnation proceedings during the period provided for in the contract.
(2) If the utility, by act or omission, breaches the contract, the city may pursue action in the district court of the county in which the city is located to have the court determine whether a material breach has occurred. If the court determines that a material breach has occurred, the city may initiate proceedings to condemn the gas system notwithstanding that the term of relinquishment set out in the contract has not expired.
(3) Except upon the express written approval of the city, the utility may not assign or transfer its interest in the contract to an independent third party.
Source
Laws 2002, LB 384, § 22.
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-4701 - City of metropolitan class or primary class; powers.

19-4701.
City of metropolitan class or primary class; powers.
A city of the metropolitan class or primary class may acquire, purchase, and operate a professional baseball organization.
Source
Laws 1991, LB 795, § 9;
Laws 2019, LB193, § 238.
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-4901 - Judicial proceedings; bond not required.

19-4901.
Judicial proceedings; bond not required.
No bond for costs, appeal, supersedeas, injunction, or attachment shall be required of any city of the first class, city of the second class, or village or of any officer, member of any board or commission, head of any department, agent, or employee of such city or village in any proceeding or court action in which such city, village, officer, board or commission member, department head, agent, or employee is a party litigant in its, his, or her official capacity.
Source
Laws 2001, LB 104, § 1.
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-5101 - Investment of public endowment funds; manner.

19-5101.
Investment of public endowment funds; manner.
Pursuant to Article XI, section 1, of the Constitution of Nebraska, the Legislature authorizes the investment of public endowment funds by any city having a population of more than five thousand inhabitants as determined by the most recent federal decennial census or the most recent revised certified count by the United States Bureau of the Census in the manner required of a prudent investor who shall act with care, skill, and diligence under the prevailing circumstance and in such investments as the governing body of such city, acting in a fiduciary capacity for the exclusive purpose of protecting and benefiting such investment, may determine.
Source
Laws 2009, LB402, § 3;
Laws 2017, LB113, § 33.
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-5301 - Act, how cited.

19-5301.
Act, how cited.
Sections 19-5301 to 19-5317 shall be known and may be cited as the Riverfront Development District Act.
Source
Laws 2017, LB97, § 1.
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-5302 - Legislative findings and declarations.

19-5302.
Legislative findings and declarations.
The Legislature finds and declares as follows:
(1) Cities in the United States and throughout the world have been historically established along the banks of major rivers due to the role rivers played as early trade routes as well as other inherent strategic and economic benefits;
(2) As national, state, and local economies have changed over time, many cities have moved away from their historic riverfronts, resulting in abandonment and blight in many city cores;
(3) Many cities in this state that were established along the banks of Nebraska’s rivers have grown away from their riverfronts, and these cities have riverfront areas in need of improvement and development but lack the tools and funding necessary to improve and develop such areas; and
(4) The purpose of the Riverfront Development District Act is to provide a means by which cities in this state may effectively fund, manage, promote, and develop riverfronts within their corporate limits.
Source
Laws 2017, LB97, § 2.
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-5303 - Terms, defined.

19-5303.
Terms, defined.
For purposes of the Riverfront Development District Act:
(1) Authority means a riverfront development authority established in accordance with section 19-5305;
(2) City means a city of the metropolitan, primary, first, or second class;
(3) District means a riverfront development district established in accordance with section 19-5304; and
(4) River means the Missouri River, Platte River, North Platte River, South Platte River, Republican River, Niobrara River, Loup River, North Loup River, Middle Loup River, South Loup River, Elkhorn River, North Fork of the Elkhorn River, or Big Blue River.
Source
Laws 2017, LB97, § 3.
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-5304 - Riverfront development district; ordinance; contents; revenue; boundaries.

19-5304.
Riverfront development district; ordinance; contents; revenue; boundaries.
(1) A city may create a riverfront development district by the adoption of an ordinance which specifies the following:
(a) The name of the river or rivers along which the district will be created;
(b) The boundaries of the district, a map of which shall be incorporated by reference in the ordinance;
(c) The qualifications and terms of office of members of the authority;
(d) A statement that the businesses and users of space in the district shall be subject to the general business occupation tax authorized by the Riverfront Development District Act or that the real property in the district shall be subject to the special assessment authorized by the act;
(e) The proposed method of assessment to be imposed within the district or the initial rate of the occupation tax to be imposed;
(f) Any penalties to be imposed for failure to pay the occupation tax or special assessment; and
(g) The maximum amount of bonds that may be issued by the authority pursuant to section 19-5311.
(2) The ordinance shall recite that the method of raising revenue shall be fair and equitable. In the use of a general business occupation tax, the tax shall be based primarily on the square footage of the owner’s and user’s place of business. In the use of a special assessment, the assessment shall be based upon the special benefit to the property within the district.
(3) The boundaries of any district created under this section shall be wholly contained within the corporate limits of the city and shall not extend more than one-half mile from the edge of the river or rivers along which the district is created.
Source
Laws 2017, LB97, § 4.
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-5305 - Riverfront development authority; members; officers; vacancy; meetings; powers.

19-5305.
Riverfront development authority; members; officers; vacancy; meetings; powers.
(1) Following the creation of a district under section 19-5304, the mayor, with the approval of the city council, shall appoint a riverfront development authority to oversee and manage the district. The authority shall consist of five or more members who collectively shall have skills, expertise, and knowledge in residential, commercial, and mixed-use real estate development, financing, law, asset management, economic and community development, and tourism promotion.
(2) The members of the authority shall select annually from among themselves a chairperson, a vice-chairperson, a treasurer, and such other officers as the authority may determine.
(3) A public official or public employee shall be eligible to be a member of the authority.
(4) A vacancy on the authority shall be filled not later than six months after the date of such vacancy in the same manner as the original appointment.
(5) Members of the authority shall serve without compensation.
(6) The authority shall meet in regular session according to a schedule adopted by the authority and shall also meet in special session as convened by the chairperson or upon written notice signed by a majority of the members.
(7) Two or more cities which have a contiguous riverfront along the same river may enter into an agreement pursuant to the Interlocal Cooperation Act to create a single authority to jointly oversee and manage the districts created in such cities. An agreement entered into under this subsection shall contain the information required by section 19-5304.
(8) An authority which oversees and manages a district bordering another state may enter into an agreement pursuant to the Interlocal Cooperation Act with a political subdivision, public agency, or quasi-public agency in such other state to jointly oversee and manage the district and any similar district or districts in such other state.
(9) Each authority created pursuant to the Riverfront Development District Act shall be deemed to be a public corporation acting in a governmental capacity and a political subdivision of the state and shall have permanent and perpetual duration until terminated and dissolved in accordance with section 19-5317.
Source
Laws 2017, LB97, § 5;
Laws 2020, LB1003, § 183.
Cross References
Interlocal Cooperation Act, see section 13-801.
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-5307 - Authority; acquire property; limitations.

19-5307.
Authority; acquire property; limitations.
(1) An authority may acquire real property or interests in real property by gift, devise, transfer, exchange, foreclosure, purchase, or otherwise on terms and conditions and in a manner the authority considers proper.
(2) An authority may accept transfers of real property or interests in real property from political subdivisions upon such terms and conditions as agreed to by the authority and the political subdivision.
(3) An authority may convey, exchange, sell, transfer, grant, release and demise, pledge, and hypothecate any and all interests in, upon, or to real property of the authority.
(4) An authority shall hold all property acquired in its own name and shall maintain all of its real property in accordance with the laws and ordinances of the jurisdiction in which the real property is located.
(5) An authority shall not own or hold real property located outside the boundaries of the district which it oversees and manages.
(6) An authority shall not rent or lease any of its real property for residential use.
Source
Laws 2017, LB97, § 7.
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-5308 - Taxation.

19-5308.
Taxation.
The real property owned by an authority and the authority’s income and operations are exempt from all taxation by the state or any political subdivision thereof, except that purchases by an authority shall be subject to state and local sales and use taxes.
Source
Laws 2017, LB97, § 8.
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-5309 - Conflict of interest.

19-5309.
Conflict of interest.
(1) No member of an authority or employee of an authority shall acquire any interest, direct or indirect, in real property located within the boundaries of any district overseen and managed by the authority.
(2) No member of an authority or employee of an authority shall have any interest, direct or indirect, in any contract or proposed contract for materials or services to be furnished or used by the authority.
Source
Laws 2017, LB97, § 9.
2023 Nebraska Revised Statutes › Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes › 19-5310 - Funding.

19-5310.
Funding.
An authority may receive funding through grants and loans from the city that created the authority, from other municipalities, from the state, from the federal government, and from other public and private sources.
Source
Laws 2017, LB97, § 10.