reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-624.01 - District; agent; cost-plus contracts prohibited.

70-624.01.
District; agent; cost-plus contracts prohibited.
No district shall hereafter pay or agree to pay any agent a fee or other compensation, for services rendered or to be rendered in connection with the acquisition of any property by any such district, which fee or compensation increases with the amount of the purchase price of the property acquired. Every contract in which such district agrees to pay compensation to any agent upon any such basis is hereby declared to be against public policy, illegal, and void;
Provided,
as to any such contract heretofore made that is legally binding upon any such district, sections 70-619 to 70-624.02 shall not prevent payment of fees or compensation according to the terms thereof. Any officer or director of any such district, who shall authorize, approve, or sanction any such payment or agreement, contrary to the provisions of sections 70-619 to 70-624.02, shall be subject to removal from office therefor in the manner provided by law for removal of county officers and shall be personally liable to the district for the amount paid. The term agent, as used in this section, shall be deemed to include any person, firm, or corporation that seeks to receive payment out of the funds of the district or the proceeds of sale of securities issued by it for acting on its behalf in conducting any transaction relating to the acquisition of property or financing of its indebtedness.
Source
Laws 1933, c. 86, § 5, p. 345;
C.S.Supp.,1941, § 70-705;
Laws 1943, c. 146, § 2(1), p. 520;
R.S.1943, § 70-624;
Laws 1944, Spec. Sess., c. 5, § 1(7), (8), (9), pp. 107, 108;
Laws 1949, c. 199, § 1(2), p. 579.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-624.02 - Board of directors; expenses; compensation; prohibitions; exceptions.

70-624.02.
Board of directors; expenses; compensation; prohibitions; exceptions.
The members of the board of directors shall be paid their actual expenses, while engaged in the business of the district under the authority of the board of directors, and, for their services, such compensation as shall be fixed by the board of directors.
The boards of directors of those districts with gross revenue of less than forty million dollars may fix compensation at not to exceed six thousand seven hundred twenty dollars per year as to all members except the president and not exceeding seven thousand five hundred sixty dollars a year as to the president.
The boards of directors of those districts with gross revenue of forty million dollars or more may fix compensation at not to exceed thirteen thousand four hundred forty dollars per year as to all members except the president or chairperson of the board and not exceeding fifteen thousand one hundred twenty dollars per year as to the president or chairperson of the board. All salaries and compensation shall be obligations against and be paid solely from the revenue of the district. No director shall receive any other compensation from the district, except as provided in this section, during the term for which he or she was elected or appointed or in the year following the expiration of his or her term, and resignation from such board of directors shall not be construed as the termination of the term of office for which he or she was elected or appointed. A member of the board of directors of a public power district organized under the laws of this state shall not be limited to service on the board of directors in the district in which he or she has been elected so as to preclude service in similar positions of trust on a state, regional, or national level which are the result of his or her membership as a director on such board. For time expended in his or her duties in such position of trust, the director shall not be limited to any existing provisions of law of this state relating to payment of per diem for services as a member of such board of directors, but shall be entitled to receive such additional compensation as may be provided for such service, regardless of the fact that such compensation may be paid from funds to which his or her district has made contributions in the form of dues or otherwise.
Source
Laws 1933, c. 86, § 5, p. 345;
C.S.Supp.,1941, § 70-705;
Laws 1943, c. 146, § 2(1), p. 520;
R.S.1943, § 70-624;
Laws 1944, Spec. Sess., c. 5, § 1(7), (8), (9), pp. 107, 108;
Laws 1949, c. 199, § 1(3), p. 580;
Laws 1965, c. 405, § 1, p. 1304;
Laws 1965, c. 406, § 1, p. 1306;
Laws 1969, c. 548, § 1, p. 2204;
Laws 1971, LB 308, § 1;
Laws 1975, LB 226, § 1;
Laws 1978, LB 837, § 1;
Laws 1984, LB 49, § 4;
Laws 1985, LB 75, § 1;
Laws 1990, LB 730, § 2;
Laws 1993, LB 6, § 1;
Laws 2000, LB 901, § 4.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-624.03 - Board of directors; plan of insurance for benefit of employees and dependents; may establish.

70-624.03.
Board of directors; plan of insurance for benefit of employees and dependents; may establish.
The board of directors may establish a plan of insurance, designed and intended for the benefit of the employees of the district and the dependents of employees of the district, and, in the discretion of the board, expend funds of the district for the payment of premiums for such employees' and dependents' group, franchise, or wholesale insurance policies. Members of the board of directors of the district may be considered employees for purposes of this section. The dollar amount of any health insurance premiums paid from the funds of the district for the benefit of a member of the board of directors may be in addition to the amount of compensation authorized to be paid to such director pursuant to section 70-624.02.
Source
Laws 1949, c. 199, § 1(4), p. 580;
Laws 1972, LB 1186, § 1;
Laws 1993, LB 182, § 1;
Laws 2000, LB 901, § 5.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-624.04 - Directors and employees; hold other elective office; contract not void or voidable; when.

70-624.04.
Directors and employees; hold other elective office; contract not void or voidable; when.
Directors and employees of public power districts, public power and irrigation districts, and public utility companies shall be permitted to hold other elective office as provided in section 32-604. No contracts of any such public power district, public power and irrigation district, or public utility company shall be void or voidable by reason of such service by its directors or employees.
Source
Laws 1971, LB 494, § 1;
Laws 1973, LB 559, § 9;
Laws 1990, LB 931, § 7;
Laws 1991, LB 20, § 3;
Laws 1991, LB 12, § 6;
Laws 1994, LB 76, § 586.
Annotations
A company engaged in the transmission and distribution of natural gas to the public on a regular basis is a public utility company within the meaning of this section. Kansas-Nebraska Nat. Gas Co., Inc. v. Wiles, 190 Neb. 795, 212 N.W.2d 633 (1973).
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-625.01 - Rural areas; legislative findings and declarations.

70-625.01.
Rural areas; legislative findings and declarations.
The Legislature finds and declares that:
(1) There are rural areas in the state which are experiencing declines in economic activity and the outmigration of rural residents which is eroding the tax base of those rural areas and undermining the ability of the state and local governments to provide essential public services;
(2) Rural economic development efforts can increase the productivity of economic resources, create and enhance employment opportunities, increase the level of income and quality of life for rural residents, assist in slowing or reversing the outmigration of rural residents, and help maintain essential public services to the advantage not only of those rural areas but also of the state as a whole and the electric utilities serving those rural areas;
(3) Funds may be available from the United States Department of Agriculture or other federal agencies to suppliers of electricity in rural areas to promote economic development and job creation projects;
(4) It is the policy of this state to promote economic development and job creation projects in rural areas through the use of federal funds and other funds which may be available as authorized in subsection (3) of section 70-625;
(5) Public power districts operating in rural areas of this state are uniquely situated through their boards of directors to know and understand the need to promote economic development and job creation projects in their service areas; and
(6) Involvement by publicly owned electric utilities operating in rural areas in such economic development activities serves a public purpose and it is the public policy of this state to allow public power districts to promote economic development and job creation projects in rural areas as provided in subsection (3) of section 70-625.
Source
Laws 1997, LB 658, § 7.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-625.02 - Electric transmission facilities and interconnections, defined; policy of state.

70-625.02.
Electric transmission facilities and interconnections, defined; policy of state.
It is declared to be the policy of the State of Nebraska that electric transmission facilities and interconnections which are defined as being electric lines having a rating of thirty-four thousand five hundred volts and higher will be provided and made available to all power agencies so as to result in the lowest possible cost for the transmission and delivery of electric energy over the transmission and interconnected facilities of any public power district, public power and irrigation district, individual municipality, group of municipalities registered with the Nebraska Power Review Board, governmental subdivision, or nonprofit electric cooperative corporation.
Source
Laws 1967, c. 421, § 1, p. 1295;
Laws 1969, c. 550, § 1, p. 2206;
Laws 1981, LB 181, § 16.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-626.01 - Generating power agency; duty to sell electrical energy; when.

70-626.01.
Generating power agency; duty to sell electrical energy; when.
A district, individual municipality, or group of municipalities registered with the Nebraska Power Review Board which is engaged in the generation and transmission of electrical energy, all of which are referred to in Chapter 70, article 6, by the term generating power agency, shall be required to sell electrical energy at wholesale under the terms and conditions of a fair and reasonable contract directly to any municipality, registered group of municipalities, district, political subdivision in the state, or any nonprofit electric cooperative corporation organized under Chapter 70, article 7, all of which are referred to in Chapter 70, article 6, by the term distribution power agency, when such distribution power agency makes application for the purchase of electrical energy, if such sale is not in violation of an agreement of the generating power agency approved by the Nebraska Power Review Board and such generating power agency has the requested amount of electrical energy available for sale, and the distribution power agency agrees to make or pay for the necessary physical connection with the electrical facilities of such generating power agency.
Source
Laws 1943, c. 146, § 3(2), p. 522;
R.S.1943, § 70-626.01;
Laws 1967, c. 421, § 2, p. 1295;
Laws 1971, LB 349, § 3;
Laws 1981, LB 181, § 18.
Cross References
Wholesale service to municipalities, when required, see section 19-708.
Annotations
Formerly this section required public power districts to sell electrical energy at wholesale to municipalities. As amended in 1971, the proviso if such sale is not in violation of an agreement of the generating power agency approved by the Nebraska Power Review Board was added. City of Lincoln v. Nebraska P. P. Dist., 191 Neb. 556, 216 N.W.2d 722 (1974).
Powers granted by this section are subject to limitations of petition for creation of district. Schroll v. City of Beatrice, 169 Neb. 162, 98 N.W.2d 790 (1959).
Sale direct to municipalities, and not to association of municipalities, was contemplated. State ex rel. League of Municipalities v. Loup River Public Power Dist., 158 Neb. 160, 62 N.W.2d 682 (1954).
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-626.02 - Generating power agency; physical connections; establish; rates.

70-626.02.
Generating power agency; physical connections; establish; rates.
A generating power agency shall establish a physical connection of its transmission lines and associated facilities with the facilities of a distribution power agency or with the facilities of an intervening power agency when requested by the distribution power agency and shall make available any surplus capacity in its transmission lines and associated facilities and provide for the receipt, transmission, and delivery of power and energy for the account of the distribution power agency upon the payment of rates, tolls, and charges that are reasonable, fair, and nondiscriminatory for the use made of the transmission lines and associated facilities of the generating power agency.
Source
Laws 1967, c. 421, § 3, p. 1296;
Laws 1969, c. 550, § 2, p. 2207.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-626.03 - Transmission facilities of other power agency; available for transmission of electric energy; rates.

70-626.03.
Transmission facilities of other power agency; available for transmission of electric energy; rates.
Surplus capacity in transmission facilities owned by any other power agency shall be made available for transmitting and delivering electric energy to any Nebraska power agency. Electrical energy shall be transmitted and delivered over the transmission facilities by any power agency subject to the terms of sections 70-625.02 and 70-626.01 to 70-626.04 but only upon payment of rates, tolls, and charges that are reasonable, fair, and nondiscriminatory for the use made of the transmission facilities of the power agency.
Source
Laws 1967, c. 421, § 4, p. 1296;
Laws 1969, c. 550, § 3, p. 2207.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-626.04 - Disagreement between power agencies; file complaint with Nebraska Power Review Board; notice; hearing; order advisory provision; effect.

70-626.04.
Disagreement between power agencies; file complaint with Nebraska Power Review Board; notice; hearing; order advisory provision; effect.
In the event of any disagreement between the generating power agency and a distribution power agency or between any of the power agencies, whether wholesale or retail, regarding the provisions of sections 70-626.01 to 70-626.03 and the use of transmission lines and associated facilities and the establishment of the physical connection therewith, either party to the disagreement may file a written complaint with the Nebraska Power Review Board requesting the board to hear the complaint and issue an order for settlement of the disagreement. Upon the receipt of such a request, the board shall set the matter for hearing within thirty days after the request is made by the complaining party. The board shall provide notice to the other party to the disagreement at least fifteen days prior to the hearing. After the hearing is completed the board shall, within forty-five days, enter an order setting forth its decision on the issues in disagreement and the disposition of the dispute, taking into consideration whether the relief requested by the complaining party is necessary or appropriate in the public interest and will place no undue burden upon the parties affected thereby. Any provision in an order of the board regarding any rate to be charged by a public power district or public power and irrigation district which has agreed with the holders of its outstanding bonds that the district will fix such rates shall be advisory only and shall not be binding on the district.
Source
Laws 1967, c. 421, § 5, p. 1296;
Laws 1969, c. 550, § 4, p. 2207.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-626.05 - Wheeling service; contract; dispute; exception; board; settlement.

70-626.05.
Wheeling service; contract; dispute; exception; board; settlement.
When a power agency has requested wheeling service under sections 70-626.01 to 70-626.03, the parties shall develop a contract for such wheeling service. Any provisions of the contract which cannot be resolved by the parties shall then be the subject of a dispute filed with the board for settlement. The provisions of this section shall not include the matter of rates to be paid for such wheeling service in the contract.
Source
Laws 1969, c. 550, § 5, p. 2208.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-627 - Irrigation works; construction; acquisition; contracts authorized.

70-627.
Irrigation works; construction; acquisition; contracts authorized.
Subject to the limitations of the petition for its creation and all amendments thereto, a public power district may own, construct, reconstruct, improve, purchase, lease, or otherwise acquire, extend, manage, use or operate any irrigation works, as defined in section 70-601, either within or beyond, or partly within and partly beyond, the boundaries of the district, and any and every kind of property, personal or real, necessary, useful or incident to such acquisition, extension, management, use and operation, whether the same be independent of or in connection or conjunction with an electric light and power business, in whole or in part. In connection with the aforesaid powers, such district shall have the right and power to enter into any contract, lease, agreement or arrangement with any state, county, city, village, governmental or public corporation or association, or with any person, firm or corporation, public or private, or with the government of the United States, the Rural Electrification Administration, the Public Works Administration, or with any officer, department, bureau or agency thereof, or with any corporation organized under federal law, including the Reconstruction Finance Corporation, or any successor thereof, for the purpose of exercising or utilizing any one or more of the above enumerated powers, or for the sale, leasing, or otherwise furnishing or establishing, water rights, water supply, water service or water storage, for irrigation or flood control, or for the financing or payment of the cost and expenses incident to the construction, acquisition or operation of such irrigation works, or incident to any obligation or liability entered into or incurred by such district.
Source
Laws 1933, c. 86, § 6, p. 346;
Laws 1937, c. 152, § 5, p. 583;
C.S.Supp.,1941, § 70-706;
Laws 1943, c. 146, § 3(3), p. 522;
R.S.1943, § 70-627.
Annotations
Powers granted by this section are subject to limitations of petition for creation of district. Schroll v. City of Beatrice, 169 Neb. 162, 98 N.W.2d 790 (1959).
District may acquire fee title to reservoir site. Burnett v. Central Neb. P. P. & I. Dist., 147 Neb. 458, 23 N.W.2d 661 (1946).
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-627.02 - District; radioactive material and energy; powers; development; contracts; financing; indemnification; when.

70-627.02.
District; radioactive material and energy; powers; development; contracts; financing; indemnification; when.
In addition to all other rights and powers which may be possessed by a public power district or public power and irrigation district under the petition for its creation and all amendments thereto and other statutes, any such district which has radioactive material available to it in association with facilities constructed in connection with the production of electrical energy shall have the power to: (1) Use, sell, lease, transport, dispose of, furnish, or make available, under contract or otherwise, to any person, firm, corporation, state, county, city, village, governmental subdivision or agency, the government of the United States or any officer, department, bureau or agency thereof, any corporation organized by federal law, or any body politic or corporate, any such radioactive material or the energy therefrom; (2) own, operate, construct, reconstruct, purchase, remove, lease, or otherwise acquire, improve, extend, manage, use, or operate such facilities or property, real or personal; or (3) engage in or transact business or enter into any kind of contract or arrangement with anyone for or incident to the exercise of any one or more of the powers of the district for any and every service involving, employing, or in any manner pertaining to the use of radioactive material or the energy therefrom or for the financing or payment of the cost and expense incident to the acquisition, construction, reconstruction, improvement, or operation of such facilities or property, real or personal, or incident to any obligation or indebtedness entered or incurred by any such district.
A public power district or public power and irrigation district may indemnify a public or private entity for such entity's own negligence, notwithstanding section 25-21,187, if the district enters into a contract with the public or private entity for the management or operation of a nuclear power plant that provides for compensation on an at-cost basis. This section does not authorize indemnification for any direct damages from the misconduct of such public or private entity engaged in management or operation of a nuclear power plant. The same limitations of liability and other protections available to a public power district or a public power and irrigation district under the Political Subdivisions Tort Claims Act shall apply to any public or private entity acting as an agent for a public power district or a public power and irrigation district pursuant to a contract for the management or operation of a nuclear power plant.
Source
Laws 1959, c. 316, § 2, p. 1159;
Laws 2003, LB 165, § 12.
Cross References
Political Subdivisions Tort Claims Act, see section 13-901.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-628 - District; additional powers.

70-628.
District; additional powers.
In addition to the rights and powers enumerated in Chapter 70, article 6, and in no manner limiting or restricting the same, each district shall be deemed to be and shall have and exercise each and all of the rights and powers of a public electric light and power district or public power district within the meaning of sections 70-501 to 70-503.
Source
Laws 1933, c. 86, § 6, p. 346;
Laws 1937, c. 152, § 5, p. 583;
C.S.Supp.,1941, § 70-706;
Laws 1943, c. 146, § 3(4), p. 523;
R.S.1943, § 70-628;
Laws 1981, LB 181, § 19.
Annotations
This section relates to means by which a district may exercise the powers recited in the petition for creation of the district. Schroll v. City of Beatrice, 169 Neb. 162, 98 N.W.2d 790 (1959).
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-628.02 - Joint exercise of powers with municipalities and public agencies; authority.

70-628.02.
Joint exercise of powers with municipalities and public agencies; authority.
The Legislature declares that it is in the public interest of the State of Nebraska that public power districts and public power and irrigation districts be empowered to participate jointly or in cooperation with municipalities and other public agencies in the establishment and operation of facilities for the generation or transmission of electric power and energy located within or outside this state, for the production, storage, and distribution of hydrogen located within this state, or for the production and distribution of ethanol located within this state in order to achieve economies and efficiencies in meeting the future energy needs of the people of the State of Nebraska. In furtherance of such need and in addition to but not in substitution for any other powers granted such districts, each such district shall have and may exercise its power and authority to plan, finance, acquire, construct, own, operate, maintain, and improve electric generation or transmission facilities located within or outside this state, hydrogen production, storage, or distribution facilities located within this state, or ethanol production or distribution facilities within this state jointly and in cooperation with one or more other such districts, cities, or villages of this state which own or operate electrical facilities or municipal corporations or other governmental entities of other states which own or operate electrical facilities. The powers granted under this section may be exercised with respect to any electric generation or transmission facility, hydrogen production, storage, or distribution facility, or ethanol production or distribution facility jointly with the powers granted under any other provision of sections 18-412.07 to 18-412.09 and 70-628.02 to 70-628.04.
Source
Laws 1975, LB 104, § 1;
Laws 1986, LB 1230, § 39;
Laws 1997, LB 658, § 9;
Laws 2005, LB 139, § 8.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-628.03 - Joint exercise of powers with electric cooperatives or corporations; authority.

70-628.03.
Joint exercise of powers with electric cooperatives or corporations; authority.
The Legislature declares that it is in the public interest of the State of Nebraska that public power districts and public power and irrigation districts be empowered to participate jointly or in cooperation with one or more electric cooperatives or electric membership corporations organized under the laws of this state or any other state in the establishment and operation of facilities for the generation or transmission of electric power and energy located within or outside this state, for the production, storage, and distribution of hydrogen located within this state, or for the production and distribution of ethanol located within this state in order to achieve economies and efficiencies in meeting the future energy needs of the people of the State of Nebraska. In furtherance of such end and in addition to but not in substitution for any other powers granted such districts, each such district shall have and may exercise its power and authority to plan, finance, acquire, construct, own, operate, maintain, and improve electric generation or transmission facilities, hydrogen production, storage, or distribution facilities, or ethanol production or distribution facilities located in this state jointly and in cooperation with one or more electric cooperatives or electric membership corporations organized under the laws of this state or any other state, and each district shall have and may exercise such power and authority with respect to electric generation or transmission facilities located outside of this state jointly or in cooperation with one or more electric cooperatives or electric membership corporations organized under the laws of this state or any other state. The power granted under this section may be exercised with respect to any electric generation or transmission facilities, hydrogen production, storage, or distribution facilities, or ethanol production or distribution facilities jointly with the powers granted under any other provision of sections 18-412.07 to 18-412.09 and 70-628.02 to 70-628.04.
Source
Laws 1975, LB 104, § 2;
Laws 1986, LB 1230, § 40;
Laws 1997, LB 658, § 10;
Laws 2005, LB 139, § 9.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-629 - Power to tax denied; exception.

70-629.
Power to tax denied; exception.
Except for the authority to make assessments granted by section 70-667 to districts organized under or subject to Chapter 70, article 6, the district shall have no power of taxation, and no governmental authority shall have the power to levy or collect taxes for the purpose of paying, in whole or in part, any indebtedness or obligation of or incurred by the district or upon which the district may be or become in any manner liable.
Source
Laws 1933, c. 86, § 8, p. 350;
C.S.Supp.,1941, § 70-708;
R.S.1943, § 70-629;
Laws 1971, LB 626, § 1;
Laws 1981, LB 181, § 20.
Annotations
Power of taxation is denied to public power districts. Platte Valley P. P. & I. Dist. v. County of Lincoln, 144 Neb. 584, 14 N.W.2d 202 (1944).
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-630 - Water storage or service; contract required; conditions.

70-630.
Water storage or service; contract required; conditions.
No person, irrigation district or irrigation company shall be liable for the payment of any rent or charge for water storage or service unless a contract therefor has been entered into between such person, irrigation district or irrigation company, and the power and irrigation district furnishing such water storage or such water service. No contract for water service shall be made or continued if the rates, tolls, rents, or charges for such service do not provide the person, irrigation district or irrigation company, or the power and irrigation district with the benefits of an overall profitable and successful operation as provided for in section 70-655, and each contract shall contain such a provision;
Provided,
that if such a provision shall be omitted from any contract, the contract shall be subject to the provisions of this section regardless of the price or prices stated in such contract.
Source
Laws 1933, c. 86, § 8, p. 350;
C.S.Supp.,1941, § 70-708;
R.S.1943, § 70-630;
Laws 1974, LB 822, § 1.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-631 - Power to borrow; repayment of indebtedness; source of funds; security for indebtedness.

70-631.
Power to borrow; repayment of indebtedness; source of funds; security for indebtedness.
Any district organized under or subject to Chapter 70, article 6, shall have the power to borrow money and incur indebtedness for any corporate use or purpose upon such terms and in such manner as such district shall determine. Any and every indebtedness, liability, or obligation of such district for the payment of money, in whatever manner entered into or incurred, and whether arising from contract, implied contract, or otherwise, shall be payable solely (1) from revenue, income, receipts, and profits derived by the district from its operation and management of power plants, systems, irrigation works, hydrogen producing systems, ethanol producing systems, and from the exercise of its rights and powers with respect to utilization of radioactive material or the energy therefrom or (2) from the issuance or sale by the district of its warrants, notes, debentures, bonds, or other evidences of indebtedness, payable solely from such revenue, income, receipts, and profits, or from the proceeds and avails of the sale of property of the district. Any such district may pledge and put up as collateral security for a loan any revenue debentures, notes, warrants, bonds, or other evidences of indebtedness, issued by it. Any district may arrange for, or put up as security for notes or other evidences of indebtedness of such district, the credit of any bank or other financial institution which has been approved by the directors of such district.
Source
Laws 1933, c. 86, § 9, p. 350;
Laws 1937, c. 152, § 6, p. 585;
C.S.Supp.,1941, § 70-709;
R.S.1943, § 70-631;
Laws 1944, Spec. Sess., c. 6, § 1(1), p. 110;
Laws 1959, c. 316, § 3, p. 1160;
Laws 1967, c. 422, § 1, p. 1297;
Laws 1981, LB 181, § 21;
Laws 1983, LB 11, § 1;
Laws 1986, LB 1230, § 42;
Laws 2005, LB 139, § 11.
Annotations
That the statute restricts funds out of which a district may pay its liabilities to revenues derived from operation does not render unconstitutional the grant of power to condemn property prior to commencement of operations. Johnson v. Platte Valley Public Power and Irrigation Dist., 133 Neb. 97, 274 N.W. 386 (1937).
District is not exempt from payment of charges under Federal Power Act. Central Neb. P. P. & I. Dist. v. Federal Power Commission, 160 F.2d 782 (8th Cir. 1947).
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-632 - Indebtedness; pledge of revenue, how made.

70-632.
Indebtedness; pledge of revenue, how made.
Any district issuing revenue debentures, notes, warrants, bonds, or other evidences of indebtedness is hereby specifically authorized and empowered to pledge all or any part of the revenue which the district may derive from the sale of electrical energy, hydrogen produced for use in fuel processes, ethanol produced for fuel, storage of water, water for irrigation, radioactive material or the energy therefrom, or other service as security for the payment of the principal and interest thereon. Any such pledge of revenue shall be made by the directors of the district by resolution or by agreement with the purchasers or holders of such revenue debentures, notes, warrants, bonds, or other evidences of indebtedness.
Source
Laws 1933, c. 86, § 9, p. 350;
Laws 1937, c. 152, § 6, p. 585;
C.S.Supp.,1941, § 70-709;
R.S.1943, § 70-632;
Laws 1944, Spec. Sess., c. 6, § 1(2), p. 110;
Laws 1959, c. 316, § 4, p. 1161;
Laws 1986, LB 1230, § 43;
Laws 2005, LB 139, § 12.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-633 - Pledge of revenue; terms; directors to prescribe; officer of district; powers authorized.

70-633.
Pledge of revenue; terms; directors to prescribe; officer of district; powers authorized.
Any such resolution or agreement may specify the particular revenue that is pledged and the terms and conditions to be performed by the district and the rights of the holders of such revenue debentures, notes, warrants, bonds, or other evidences of indebtedness, and may provide for priorities of liens in any such revenue as between the holders of revenue debentures, notes, warrants, bonds, or other evidences of indebtedness, issued at different times or under different resolutions or agreements. Any resolution authorizing the issuance of notes may provide for a designated officer or officers of the district to sell the notes from time to time at such price or prices and in such amounts as shall be within the limitations set forth in such resolution. Such resolution may also authorize such officer or officers to determine interest rates, maturity dates, and other terms of such notes subject to any limitations which are necessary and appropriate, as determined by the district's board of directors, to effectuate the issuance and purposes of such notes, as set forth in the resolution.
Source
Laws 1933, c. 86, § 9, p. 350;
Laws 1937, c. 152, § 6, p. 585;
C.S.Supp.,1941, § 70-709;
R.S.1943, § 70-633;
Laws 1944, Spec. Sess., c. 6, § 1(3), p. 110;
Laws 1983, LB 11, § 2.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-634 - Pledge of revenue; provision for refunding indebtedness.

70-634.
Pledge of revenue; provision for refunding indebtedness.
Such resolution or agreement may further provide for the refunding of any such revenue debentures, notes, warrants, bonds or other evidences of indebtedness, through the issuance of other revenue debentures, notes, warrants, bonds or other evidences of indebtedness, entitled to rights and priorities similar in all respects to those held by the revenue debentures, notes, warrants, bonds or other evidences of indebtedness, that are refunded, and for the issuance of such refunding revenue debentures, notes, warrants, bonds or other evidences of indebtedness, either in exchange for revenue debentures, notes, warrants, bonds or other evidences of indebtedness then outstanding, or the sale thereof and the application of the proceeds of such sale to the retirement of the revenue debentures, notes, warrants, bonds or other evidences of indebtedness, then outstanding.
Source
Laws 1933, c. 86, § 9, p. 350;
Laws 1937, c. 152, § 6, p. 585;
C.S.Supp.,1941, § 70-709;
R.S.1943, § 70-634;
Laws 1944, Spec. Sess., c. 6, § 1(4), p. 111.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-635 - Pledge of revenue; special fund.

70-635.
Pledge of revenue; special fund.
Any such resolution or agreement may provide that all or any part of the revenue of the district shall be paid into a special fund, and may set forth all the terms and conditions on which such special fund is to be collected, held and disposed of, whether partly or wholly for the benefit of the holders of such revenue debentures, notes, warrants, or other evidences of indebtedness. Provision may be made that such special fund shall be held by depositories designated or described in such resolution or agreement.
Source
Laws 1933, c. 86, § 9, p. 350;
Laws 1937, c. 152, § 6, p. 585;
C.S.Supp.,1941, § 70-709;
R.S.1943, § 70-635;
Laws 1944, Spec. Sess., c. 6, § 1(5), p. 111.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-636 - District; rates; agreement with security holders.

70-636.
District; rates; agreement with security holders.
The directors of any district organized under or subject to Chapter 70, article 6, are authorized to agree with the holders of any such revenue debentures, notes, warrants, bonds, or other evidences of indebtedness as to the maximum or minimum amounts which such district shall charge and collect for water, electric energy, radioactive material or the energy therefrom, hydrogen, ethanol, or other service sold by the district.
Source
Laws 1933, c. 86, § 9, p. 350;
Laws 1937, c. 152, § 6, p. 585;
C.S.Supp.,1941, § 70-709;
R.S.1943, § 70-636;
Laws 1944, Spec. Sess., c. 6, § 1(7), p. 113;
Laws 1959, c. 316, § 5, p. 1161;
Laws 1981, LB 181, § 22;
Laws 1986, LB 1230, § 44;
Laws 2005, LB 139, § 13.
Annotations
Potentially conflicting interests within a class are incompatible with the maintenance of a true class action and this aspect may be disposed of upon motion for summary judgment. Blankenship v. Omaha P. P. Dist., 195 Neb. 170, 237 N.W.2d 86 (1976).
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-638 - Contracts; sealed bids; advertisement.

70-638.
Contracts; sealed bids; advertisement.
Prior to advertisement for sealed bids, plans and specifications for the proposed work or materials shall be prepared and filed at the principal office or place of business of the district. Such advertisement shall be made in three issues, not less than seven days between issues, in one or more newspapers of general circulation in the district and in such additional newspapers or trade or technical periodicals as may be selected by the board in order to give proper notice of the receiving of bids. Such advertisement shall designate the nature of the work proposed to be done or materials proposed to be purchased, that the plans and specifications therefor may be inspected at the office of the district, giving the location thereof, and shall designate the time within which bids shall be filed, and the date, hour and place the same shall be opened.
Source
Laws 1933, c. 86, § 10, p. 351;
C.S.Supp.,1941, § 70-710;
Laws 1943, c. 146, § 4, p. 524;
R.S.1943, § 70-638;
Laws 1981, LB 34, § 3.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-639 - Letting of contracts; considerations.

70-639.
Letting of contracts; considerations.
The board of directors of the district may let the contract for such work or materials to the responsible bidder who submits the lowest and best bid or, in the sole discretion of the board, all bids tendered may be rejected, and readvertisement for bids made, in the manner, form, and time as provided in section 70-638. In determining whether a bidder is responsible, the board may consider the bidder's financial responsibility, skill, experience, record of integrity, ability to furnish repairs and maintenance services, ability to meet delivery or performance deadlines, and whether the bid is in conformance with specifications. Consideration may also be given by the board of directors to the relative quality of supplies and services to be provided, the adaptability of machinery, apparatus, supplies, or services to be purchased to the particular uses required, to the preservation of uniformity, and the coordination of machinery and equipment with other machinery and equipment already installed. No such contract shall be valid nor shall any money of the district be expended thereunder unless advertisement and letting shall have been had as provided in this section and sections 70-637 and 70-638.
Source
Laws 1933, c. 86, § 10, p. 351;
C.S.Supp.,1941, § 70-710;
Laws 1943, c. 146, § 4, p. 524;
R.S.1943, § 70-639;
Laws 1951, c. 223, § 1, p. 795;
Laws 1955, c. 269, § 1, p. 848;
Laws 1981, LB 34, § 4.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-640 - Contracts; Nebraska workmen preferred.

70-640.
Contracts; Nebraska workmen preferred.
Such contract shall provide that, wherever possible, workmen who are citizens of Nebraska shall be employed by the contractor.
Source
Laws 1933, c. 86, § 10, p. 351;
C.S.Supp.,1941, § 70-710;
Laws 1943, c. 146, § 4, p. 524;
R.S.1943, § 70-640.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-641 - Contracts; bonds; laws applicable.

70-641.
Contracts; bonds; laws applicable.
All provisions of section 52-118, with reference to contractors' bonds, shall be applicable and effective as to any contract let pursuant to the provisions of sections 70-637 to 70-640, except that with respect to any electric generating facility, the penal sum of any contractor's bond shall be the lesser of the contract amount or two hundred million dollars. The bond required by section 52-118 may be satisfied by a corporate surety or letter of credit, or combination thereof, approved by the district.
Source
Laws 1933, c. 86, § 10, p. 351;
C.S.Supp.,1941, § 70-710;
Laws 1943, c. 146, § 4, p. 524;
R.S.1943, § 70-641;
Laws 2003, LB 655, § 9.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-642 - Damage, injury, or impairment to district property; emergencies; procedure.

70-642.
Damage, injury, or impairment to district property; emergencies; procedure.
In the event of sudden or unexpected damage, injury or impairment of such plant, works, system, or other property belonging to the district, or an order of a regulatory body which would prevent compliance with section 70-637, the board of directors may, in its discretion, declare an emergency, and proceed with the necessary construction, reconstruction, remodeling, building, alteration, maintenance, repair, extension, or improvement without first complying with the provisions of sections 70-637 to 70-641.
Source
Laws 1933, c. 86, § 10, p. 351;
C.S.Supp.,1941, § 70-710;
Laws 1943, c. 146, § 4, p. 523;
R.S.1943, § 70-642;
Laws 1981, LB 34, § 5.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-642.01 - Conditions created by war or national defense; contracting requirements inapplicable.

70-642.01.
Conditions created by war or national defense; contracting requirements inapplicable.
When, by reason of disturbed or disrupted economic conditions due to the prosecution of war or due to the operation of laws, rules or regulations of governmental authorities, whether enacted, passed, promulgated or issued under or due to the emergency or necessities of war or national defense, the contracting or purchasing by the district, for any one or more of the purposes mentioned in sections 70-637 to 70-640, is so restricted, prohibited, limited, allocated, regulated, rationed, or otherwise controlled, that the letting of contracts therefor, pursuant to the requirements of said sections, is legally or physically impossible or impractical, the provisions of said sections shall not apply to such contracts or purchases.
Source
Laws 1943, c. 146, § 4, p. 525;
R.S.1943, § 70-642.01.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-643 - District; funds; how expended; bond, when required.

70-643.
District; funds; how expended; bond, when required.
(1) Money of the district shall be paid out or expended only upon the authorization or approval of the board of directors by specific agreement, a written contract, or by a resolution. All money of the district shall be paid out or expended only by check, draft, warrant, or other instrument in writing, signed by the treasurer, assistant treasurer, or such other officer, employee, or agent of the district as shall be authorized by the treasurer to sign in his or her behalf;
Provided,
such authorization shall be in writing and filed with the secretary of the district.
(2) Money of the district paid out or expended shall be examined by the board of directors at a regular meeting within two months following such expenditure.
(3) In the event that the treasurer's bond shall not expressly insure the district against loss resulting from the fraudulent, illegal, negligent, or otherwise wrongful or unauthorized acts or conduct by or on the part of any and every person authorized to sign checks, drafts, warrants, or other instruments in writing, there shall be procured and filed with the secretary of the district, together with the written authorization filed with the secretary of the board, a surety bond, effective for protection against such loss, in such form and penal amount and with such corporate surety as shall be approved in writing by the signed endorsement thereon of any two officers of the district other than the treasurer. The secretary shall report to the board at each meeting any such bonds filed, or any change in the status of any such bonds, since the last previous meeting of the board.
Source
Laws 1933, c. 86, § 11, p. 353;
C.S.Supp.,1941, § 70-711;
Laws 1943, c. 146, § 5, p. 525;
R.S.1943, § 70-643;
Laws 1981, LB 34, § 6.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-644 - District facilities and property; mortgage authorized; when.

70-644.
District facilities and property; mortgage authorized; when.
No power plant, system, or irrigation works owned by a district shall be sold, alienated or mortgaged by such district, except under the circumstances set forth in this section and sections 70-645 to 70-653.02. If, in order to borrow money from the federal government, the Rural Electrification Administration, the Public Works Administration, from any loan or finance corporation or agency established under federal law, including the Reconstruction Finance Corporation, or its successor, or a cooperative nonprofit corporation organized to provide financing, it shall become necessary that a district mortgage, or otherwise hypothecate, any or all of its property or assets to secure the payment of a loan or loans made to it by or from such source or sources, such district is hereby authorized and empowered to do so.
Source
Laws 1933, c. 86, § 12, p. 353;
Laws 1937, c. 152, § 7, p. 587;
Laws 1939, c. 88, § 1, p. 382;
C.S.Supp.,1941, § 70-712;
Laws 1943, c. 146, § 6, p. 526;
R.S.1943, § 70-644;
Laws 1972, LB 1347, § 1.
Annotations
This section does not conflict with the provisions of former section 70-657 prohibiting lease or alienation by a district of its franchise, plant, or physical equipment. State ex rel. Loseke v. Fricke, 126 Neb. 736, 254 N.W. 409 (1934).