reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-2205 - Violation; notice; penalty.

18-2205.
Violation; notice; penalty.
In the event of violation of any franchise provision or the provisions of sections 18-2201 to 18-2205 by any duly franchised person or entity furnishing community antenna television service, the municipality having granted such franchise shall immediately serve notice of such violation upon the franchise holder with directions to correct such violation within ninety days or show cause why such violation should not be corrected at a public hearing held in conjunction with the next regularly scheduled meeting of the franchising body. Continued violation of sections 18-2201 to 18-2205 may be enjoined by the district court. Any person who willfully violates any provision of sections 18-2201 to 18-2205 or of any local franchise ordinance shall be guilty of a misdemeanor and shall, upon conviction thereof, be punished by a fine of not more than five hundred dollars.
Source
Laws 1969, c. 119, § 5, p. 538.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-2206 - Rate increase; approval; procedure.

18-2206.
Rate increase; approval; procedure.
(1) Approval of a rate increase for a person or entity furnishing community antenna television service shall be required and shall be made by the city council or village board of trustees which granted the franchise to such person or entity. Such approval shall be made by ordinance or resolution.
(2) Prior to voting on a rate increase the city council or village board of trustees shall hold at least two public meetings at which the ratepayers and the franchisee may comment on the programming content and rates of such franchisee.
(3) At least thirty days prior to the first public meeting held to examine programming content and rates, each ratepayer or subscriber shall be notified by a billing statement or other written notice when and where such public meeting shall be held. Such notice shall also provide information as to what rates are proposed by the franchisee for consideration by the city council or village board of trustees.
Source
Laws 1979, LB 495, § 2;
Laws 2021, LB163, § 144.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-2301 - Terms, defined.

18-2301.
Terms, defined.
For purposes of sections 18-2301 to 18-2315, unless the context otherwise requires:
(1) Air conditioning air distribution means the control of any one or more of the following factors affecting both physical and chemical conditions of the atmosphere within a structure: Temperature, humidity, movement and purity;
(2) Furnace means a self-contained, flue-connected or vented, appliance intended primarily to supply heated air through ducts to spaces remote from or adjacent to the appliance location as well as to the space in which it is located;
(3) Contractor means a holder of a valid certificate of competency for air conditioning air distribution;
(4) Ventilating system means each process of removing air by natural gravity exhauster or mechanical exhaust fan from any space; and
(5) Kitchen exhaust system means a duct system or air passageway for removal of kitchen air contaminates by mechanical means.
Source
Laws 1969, c. 98, § 1, p. 468;
Laws 2021, LB163, § 145.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-2302 - Board for examination of contractors; membership; duties.

18-2302.
Board for examination of contractors; membership; duties.
In any city or village, there may be a board for the examination of air conditioning air distribution contractors for the issuance of certificates of competency and for such other duties and responsibilities as may be prescribed by sections 18-2301 to 18-2315. Such board shall consist of not more than five members all of whom shall be appointed by the mayor, the chairperson of the village board of trustees, or the city manager with the approval of the city council or village board of trustees. All vacancies occurring on the air conditioning air distribution board by reason of death, disability, or inability of a member to serve shall be filled in the same manner as the original appointment. The qualifications for members of the air conditioning air distribution board may be prescribed by the city council or village board of trustees.
Source
Laws 1969, c. 98, § 2, p. 469;
Laws 2021, LB163, § 146.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-2303 - Officers; secretary; duties.

18-2303.
Officers; secretary; duties.
Members of the air conditioning air distribution board shall, within ten days after their appointments, meet in their respective city or village building or place designated by the city council, city manager, or village board of trustees and organize by the selection of one of their members as chairperson, one as vice-chairperson, and one as secretary. It shall be the duty of the secretary to keep full, true, and correct minutes and records of all meetings, applications for examinations, examinations given and results thereof, and certificates issued, which records shall be open for free inspection by all persons during business hours.
Source
Laws 1969, c. 98, § 3, p. 469;
Laws 2021, LB163, § 147.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-2304 - Members; terms; compensation.

18-2304.
Members; terms; compensation.
The appointment of the air conditioning air distribution board shall be for staggered terms of three years as provided by the city council or village board of trustees with the appointments to be made in December of each year. Compensation shall be determined by the city council or village board of trustees.
Source
Laws 1969, c. 98, § 4, p. 469;
Laws 2021, LB163, § 148.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-2305 - Meetings; certificates of competency; examination; rules.

18-2305.
Meetings; certificates of competency; examination; rules.
The air conditioning air distribution board shall meet at least once a month at a fixed time as determined by the city council or village board of trustees. The board shall adopt rules for the examination at such times and places of all persons who desire a certificate of competency to engage in the business of designing, installing, altering, repairing, cleaning, or adding to any air conditioning air distribution system, furnace, restaurant appliance hood and duct system, or other exhaust or intake ventilating system within the city or village and also within the area of extraterritorial zoning jurisdiction of cities of the metropolitan class.
Source
Laws 1969, c. 98, § 5, p. 469;
Laws 2021, LB163, § 149.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-2306 - Rules and regulations; approval; plans and specifications; approval.

18-2306.
Rules and regulations; approval; plans and specifications; approval.
The air conditioning air distribution board, subject to the approval of the city council or village board of trustees, may adopt rules and regulations, not inconsistent with the laws of the state or the ordinances of the city or village, for the designing, installing, altering, inspecting, or repairing of an air conditioning air distribution and ventilating system placed in or in connection with any building in such city or village or within the area of extraterritorial zoning jurisdiction of cities of the metropolitan class describing the kind and size of materials to be used in such systems and the manner in which such work shall be done. All plans and specifications for any such system to be placed in a building shall be first submitted to the board or other body designated by the city council or village board of trustees for its approval before such system shall be installed.
Source
Laws 1969, c. 98, § 6, p. 470;
Laws 2021, LB163, § 150.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-2307 - Contractor; certificate of competency; application; examination; issuance.

18-2307.
Contractor; certificate of competency; application; examination; issuance.
(1) Any person desiring to engage in business as an air conditioning air distribution contractor in a city or village which has established an air conditioning air distribution board or within the extraterritorial zoning jurisdiction of cities of the metropolitan class if such city has such a board, shall secure a certificate of competency. Any person desiring to engage in the business, or to proceed to install, alter, repair, clean, or add to or change in any manner any air conditioning air distribution system or any furnace, restaurant appliance hood and duct system, or other exhaust or intake ventilating system within such city or village or within the extraterritorial zoning jurisdiction of cities of the metropolitan class shall be the holder of a certificate of competency or in the direct employ of a person, firm, or corporation holding such certificate.
(2) The air conditioning air distribution board shall, upon written application, examine the applicant at its next meeting or at an adjourned meeting as to his or her practical and theoretical knowledge of the designing and installing of residential, commercial, and industrial air conditioning air distribution and ventilating systems and, if found competent, deliver to the applicant a certificate of competency.
Source
Laws 1969, c. 98, § 7, p. 470;
Laws 1997, LB 752, § 77;
Laws 2021, LB163, § 151.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-2308 - Sections; exemptions.

18-2308.
Sections; exemptions.
Nothing contained in sections 18-2301 to 18-2315 shall be construed to prohibit a homeowner from personally performing air conditioning air distribution work on the property in which the homeowner resides, and the homeowner will not be required to have a certificate of competency to do such work, but the work must conform to the rules and regulations set forth by the city council or village board of trustees for such work as provided by sections 18-2301 to 18-2315.
Source
Laws 1969, c. 98, § 8, p. 471;
Laws 2021, LB163, § 152.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-2309 - Certificate of competency; applicant; bond; conditions.

18-2309.
Certificate of competency; applicant; bond; conditions.
All applicants who have successfully passed an examination may, prior to receiving a certificate of competency, be required by the air conditioning air distribution board to furnish a corporate surety bond in the penal sum of not more than ten thousand dollars conditioned that the applicant shall, in all material furnished by the applicant and in all work performed by the applicant and performed within the city or village or within the extraterritorial zoning jurisdiction of cities of the metropolitan class, in installing, altering, and repairing any air conditioning air distribution system or ventilating system, strictly comply with all regulations of the air conditioning air distribution board and ordinances of the city or village related thereto.
Source
Laws 1969, c. 98, § 9, p. 471;
Laws 2021, LB163, § 153.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-2310 - Certificate of competency; renewal; examination; when.

18-2310.
Certificate of competency; renewal; examination; when.
All original certificates of competency may be renewed and all renewed certificates of competency may be renewed by the air conditioning air distribution board before the dates of their expiration. Such renewal certificates shall be granted without a reexamination upon the written application of the certificate holder filed with the board and showing that the certificate holder's purposes and condition remain unchanged unless it is made to appear by affidavit before the board that the certificate holder is no longer competent or entitled to such renewal certificate, in which event the renewal certificate shall not be granted until the applicant has undergone the examination required by section 18-2307.
Source
Laws 1969, c. 98, § 10, p. 471;
Laws 2021, LB163, § 154.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-2311 - Certificate of competency; term; revocation.

18-2311.
Certificate of competency; term; revocation.
All original and renewal certificates shall be good for one year from their dates, but any certificate may be revoked by the air conditioning air distribution board at any time after a hearing upon sufficient notice after sworn charges are filed with the board showing the holder of the certificate to be then incompetent, guilty of willful breach of the rules, regulations, or requirements of the board or of the laws or ordinances relating thereto, or of other causes sufficient for the revocation of the certificate as determined by the city council or village board of trustees of which charges and hearing the holder of such certificate shall have written notice.
Source
Laws 1969, c. 98, § 11, p. 472;
Laws 2021, LB163, § 155.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-2312 - Certificate of competency; requirement.

18-2312.
Certificate of competency; requirement.
It shall be unlawful for any person to engage in business as an air conditioning air distribution contractor or to engage in the business of installing, altering, repairing, cleaning, adding to, or changing in any manner any air conditioning air distribution system or any furnace, any restaurant appliance hood or its duct system, or any other exhaust or intake ventilating system within a city or village having an air conditioning air distribution board or within the extraterritorial zoning jurisdiction of cities of the metropolitan class having such a board unless such person holds a certificate or is employed by a person, firm, or corporation holding such a certificate.
Source
Laws 1969, c. 98, § 12, p. 472;
Laws 2021, LB163, § 156.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-2313 - Certificate of competency; permit; fees.

18-2313.
Certificate of competency; permit; fees.
Fees for the original certificates, renewal certificates, and permits shall be fixed by the city council or village board of trustees of each city or village having an air conditioning air distribution board. The fee for the original or renewal certificate shall in no event be more than fifty dollars.
Source
Laws 1969, c. 98, § 13, p. 472;
Laws 2021, LB163, § 157.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-2314 - Inspectors; employment authorized; noncomplying system; correction or removal.

18-2314.
Inspectors; employment authorized; noncomplying system; correction or removal.
Any city or village having an air conditioning air distribution board shall be authorized to employ inspectors who shall inspect all parts of any air conditioning air distribution system or ventilating or exhaust system in process of construction, alteration, or repair within the respective jurisdiction of such city or village. Any such system found not to comply with the regulations of the air conditioning air distribution board or ordinances of the city or village shall be reported to the board and if not corrected in accordance with requirements of the rules and regulations of the board and ordinances of the city or village shall be removed, if, after notice to the owner or contractor or certificate holder doing the work, the board shall find the work or any part of such work to be defective or not in compliance with such rules and regulations or ordinances.
Source
Laws 1969, c. 98, § 14, p. 472;
Laws 2021, LB163, § 158.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-2315 - Violations; penalties.

18-2315.
Violations; penalties.
Any person violating sections 18-2301 to 18-2315 or any rules or regulations adopted or ordinances passed pursuant to such sections shall be deemed guilty of a misdemeanor and shall, upon conviction thereof, be fined not more than five hundred dollars, or be imprisoned not more than six months, or be both so fined and imprisoned, and as a part of such punishment such person's license may be revoked.
Source
Laws 1969, c. 98, § 15, p. 473;
Laws 2021, LB163, § 159.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-2402 - Legislative declarations.

18-2402.
Legislative declarations.
The Legislature hereby finds and declares (1) that cooperative action by municipalities of this state in the fields of the supplying, treatment, and distribution of water, the generation, transmission, and distribution of electric power and energy, and the collection, treatment, and disposal of sewerage and solid waste is in the public interest; (2) that there is a need in order to insure the stability and continued viability of such systems to provide for a means by which municipalities may cooperate with one another in the financing, acquisition, and operation of such facilities and interests therein and rights thereto in all ways possible; (3) that the creation of agencies through which the municipalities of this state may act cooperatively is in the best interest of this state and the inhabitants thereof and is for a public use and public purpose; and (4) that the necessity in the public interest for the provisions included in the Municipal Cooperative Financing Act is declared as a matter of legislative determination. It is further declared that the intent of the act is to replace competition between participating municipalities in connection with the projects described in the act by allowing such municipalities to combine and cooperate in connection with the acquisition, construction, operation, financing, and all other functions authorized by the act with respect to such projects.
Source
Laws 1981, LB 132, § 2;
Laws 1984, LB 686, § 1;
Laws 2021, LB163, § 160.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-2403 - Definitions, sections found.

18-2403.
Definitions, sections found.
For purposes of sections 18-2401 to 18-2485, unless the context otherwise requires, the definitions found in sections 18-2404 to 18-2418 shall be used.
Source
Laws 1981, LB 132, § 3.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-2408 - Director, defined.

18-2408.
Director, defined.
Director shall mean a member of a board and shall include an alternate. The alternate shall be appointed in the same manner as the director and shall serve and exercise all powers of a director in the absence of the director for whom he or she is the alternate.
Source
Laws 1981, LB 132, § 8;
Laws 1987, LB 324, § 1.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-2409 - Governing body, defined.

18-2409.
Governing body, defined.
Governing body shall mean the city council in the case of a city, the village board of trustees in the case of a village, the equivalent body in the case of a municipality incorporated under the laws of another state, and the board in the case of an agency primarily comprised of municipalities.
Source
Laws 1981, LB 132, § 9;
Laws 1987, LB 324, § 2;
Laws 2020, LB858, § 1;
Laws 2021, LB163, § 161.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-2410 - Municipality, defined.

18-2410.
Municipality, defined.
Municipality shall mean (1) any city or village incorporated under the laws of this state, any equivalent entity incorporated under the laws of another state, or any separate municipal utility which has autonomous control and was established by such a city, village, or equivalent entity or by the citizens thereof for the purpose of providing electric energy for such municipality, (2) any public entity organized under Chapter 70, article 6, and incorporated under the laws of this state for the sole purpose of providing wholesale electric energy to a single municipality which is incorporated under the laws of this state, or (3) any agency primarily comprised of municipalities.
Source
Laws 1981, LB 132, § 10;
Laws 1987, LB 324, § 3;
Laws 2003, LB 165, § 7;
Laws 2007, LB199, § 1;
Laws 2020, LB858, § 2.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-2411 - Participating municipality, defined.

18-2411.
Participating municipality, defined.
Participating municipality shall mean with respect to an agency, any one of the municipalities which is entitled to appoint a director or directors of such agency pursuant to sections 18-2401 to 18-2485.
Source
Laws 1981, LB 132, § 11.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-2412 - Person, defined.

18-2412.
Person, defined.
Person shall mean a natural person, public authority, private corporation, association, firm, partnership, limited liability company, or business trust of any nature whatsoever organized and existing under the laws of this state or of the United States or any other state thereof.
Source
Laws 1981, LB 132, § 12;
Laws 1993, LB 121, § 144.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-2413 - Power project, defined.

18-2413.
Power project, defined.
Power project shall mean any plant, works, system, facilities, and real and personal property of any nature whatsoever, together with all parts thereof and appurtenances thereto, used or useful in the generation, production, transmission, conservation, transformation, distribution, purchase, sale, exchange, or interchange of electric power and energy, or any interest therein or right to capacity thereof, any energy conservation system or device for reducing the energy demands or any interest therein, and the acquisition of energy sources or fuel of any kind, for any such purposes, including, without limitation, facilities for the acquisition, transformation, collection, utilization, and disposition of nuclear fuel or solar, geothermal, hydroelectric, or wind energy and the acquisition or construction and operation of facilities for extracting fuel including agricultural ethyl alcohol from natural deposits or agricultural products, for converting it for use in another form, for burning it in place, or for transportation and storage.
Source
Laws 1981, LB 132, § 13;
Laws 2020, LB858, § 3.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-2414 - Project, defined.

18-2414.
Project, defined.
Project shall mean any power project, sewerage project, solid waste disposal project, waterworks project, or any combination of two or more thereof or any interest therein or right to capacity thereof. Project does not include the construction, maintenance, or remodeling of an agency's headquarters office building or any other improvements thereto.
Source
Laws 1981, LB 132, § 14;
Laws 2020, LB858, § 4.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-2415 - Public authority, defined.

18-2415.
Public authority, defined.
Public authority shall mean the state, any county, any municipality or other municipal corporation, political subdivision, governmental unit, or public corporation created by or pursuant to the laws of this state, of another state, or of the United States, and any state or the United States, and any person, board, commission, district, authority, instrumentality, subdivision, or other body of any of the foregoing.
Source
Laws 1981, LB 132, § 15.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-2416 - Sewerage project, defined.

18-2416.
Sewerage project, defined.
Sewerage project shall mean any plant, works, system, facilities, and real and personal property of any nature whatsoever, together with all parts and appurtenances thereto, or any interest therein or right to capacity thereof, used or useful in the removal, discharge, conduction, collection, carrying, treatment, recycling, purification, or disposal of gaseous, liquid, or solid sewage and wastes.
Source
Laws 1981, LB 132, § 16.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-2417 - Solid waste disposal project, defined.

18-2417.
Solid waste disposal project, defined.
Solid waste disposal project shall mean any plant, works, systems, facilities, and real and personal property of any nature whatsoever, together with all parts thereof and appurtenances thereto, or any interest therein or right to capacity thereof, used or useful in the collection, transporting, conveying, treatment, transformation, or disposal of solid wastes.
Source
Laws 1981, LB 132, § 17.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-2418 - Waterworks project, defined.

18-2418.
Waterworks project, defined.
Waterworks project shall mean any plant, works, system, facilities, and real and personal property of any nature whatsoever, together with all parts thereof and appurtenances thereto, or any interest therein or right to capacity thereof, used or useful in the supplying, transporting, conveying, collection, distribution, storing, purification, or treatment of water.
Source
Laws 1981, LB 132, § 18.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-2419 - Creation of agencies; authorized.

18-2419.
Creation of agencies; authorized.
Any combination of two or more municipalities of this state is hereby granted power and authority to create one or more agencies to exercise the powers and authority prescribed by sections 18-2401 to 18-2485.
Source
Laws 1981, LB 132, § 19.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-2420 - Creation of agency; procedure; board of directors; appointment; qualifications; powers.

18-2420.
Creation of agency; procedure; board of directors; appointment; qualifications; powers.
The governing body of each of the municipalities participating in the creation of such agency shall by appropriate action by ordinance or resolution determine that there is a need for such agency and set forth the names of the proposed participating municipalities of the agency. Such an action may be taken by a municipality's governing body on its own motion upon determining, in its discretion, that a need exists for an agency. In determining whether such a need exists, a governing body may take into consideration the present and future needs of the municipality with respect to the commodities and services which an agency may provide, the adequacy and suitability of the supplies of such commodities and services to meet such needs, and economic or other advantages or efficiencies which may be realized by cooperative action through an agency. Upon the adoption of an ordinance or passage of a resolution as provided in this section, the mayor, in the case of a city, the chairperson of the board of trustees, in the case of a village, or the chairperson of the governing body, of each of the proposed participating municipalities, with the approval of the respective governing body, shall appoint a director. The qualifications for appointment as a director shall be as determined by the board in its bylaws. The directors shall constitute the board in which shall be vested all powers of the agency.
Source
Laws 1981, LB 132, § 20;
Laws 2007, LB199, § 2;
Laws 2020, LB858, § 5.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-2421 - Projects other than power projects; sections applicable.

18-2421.
Projects other than power projects; sections applicable.
If the agency does not intend to engage in the operation of power projects or the generation or supply of electric energy, sections 18-2422 to 18-2425 shall apply.
Source
Laws 1981, LB 132, § 21.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-2422 - Projects other than power projects; directors; file certificate; contents.

18-2422.
Projects other than power projects; directors; file certificate; contents.
The directors shall file with the Secretary of State a certificate signed by them setting forth (1) the names of all the proposed participating municipalities, (2) the name and residence of each of the directors so far as known to them, (3) a certified copy of each of the ordinances or resolutions of the participating municipalities determining the need for such an agency, (4) a certified copy of the proceedings of each municipality evidencing the director's right to office, and (5) the name of the agency. The certificate shall be subscribed and sworn to by such directors before an officer or officers authorized by the laws of the state to administer and certify oaths.
Source
Laws 1981, LB 132, § 22;
Laws 2007, LB199, § 3.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-2423 - Projects other than power projects; certificate of incorporation; issuance; Secretary of State; duties.

18-2423.
Projects other than power projects; certificate of incorporation; issuance; Secretary of State; duties.
The Secretary of State shall examine the certificate and, if he or she finds that the name proposed for the agency is not identical with that of any other corporation or public authority of this state, or so nearly similar as to lead to confusion and uncertainty, and that such certificate conforms to the requirements of sections 18-2419 to 18-2424, the Secretary of State shall record it and issue and record a certificate of incorporation. The certificate shall state the name of the agency, the fact and date of incorporation, and the names of the participating municipalities. Upon the issuance of the certificate of incorporation, the existence of the agency as a public body corporate and politic of this state shall commence. Notice of the issuance of such certificate shall be given to all of the proposed participating municipalities by the Secretary of State. If a director of any such municipality has not signed the certificate to the Secretary of State and such municipality does not notify the Secretary of State of the appointment of a director within thirty days after receipt of notice of the issuance of a certificate of incorporation, such municipality shall be deemed to have elected not to be a participating municipality. As soon as practicable after the expiration of such thirty-day period, the Secretary of State shall issue an amended certificate of incorporation, if necessary, setting forth the names of those municipalities which have elected to become participating municipalities. The failure of any proposed municipality to become a participating municipality shall not affect the validity of the corporate existence of the agency.
Source
Laws 1981, LB 132, § 23.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-2424 - Projects other than power projects; certificate of incorporation; proof of agency's establishment.

18-2424.
Projects other than power projects; certificate of incorporation; proof of agency's establishment.
In any suit, action, or proceeding involving the validity or enforcement of, or relating to, any contract of the agency, the agency shall be conclusively deemed to have been established, except as against the state, in accordance with sections 18-2401 to 18-2485 upon proof of the issuance of the certificate of incorporation by the Secretary of State. A copy of such certificate, duly certified by the Secretary of State, shall be admissible in evidence in any such suit, action, or proceeding and shall be conclusive proof of the filing and contents thereof.
Source
Laws 1981, LB 132, § 24.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-2425 - Projects other than power projects; participation of additional municipalities; procedure.

18-2425.
Projects other than power projects; participation of additional municipalities; procedure.
After the creation of an agency, any other municipality may become a participating municipality therein upon (1) application to such agency, (2) the adoption of an ordinance or passage of a resolution by the governing body of the municipality setting forth the determination prescribed in section 18-2420 and authorizing such municipality to become a participating municipality, and (3) at least a majority vote of the directors, except that an agency's bylaws may require a greater percentage of approval for such authorization. Thereupon such municipality shall become a participating municipality entitled to appoint a director or directors of such agency in the manner prescribed by section 18-2420 and to otherwise participate in such agency to the same extent as if such municipality had participated in the creation of the agency. Upon the filing with the Secretary of State of certified copies of the ordinances and resolutions described in this section, the Secretary of State shall issue an amended certificate of incorporation setting forth the names of the participating municipalities.
Source
Laws 1981, LB 132, § 25;
Laws 2007, LB199, § 4.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-2426 - Power projects; sections applicable.

18-2426.
Power projects; sections applicable.
If the agency intends to engage in the operation of power projects, or the generation or supply of electric energy, the provisions of sections 18-2426 to 18-2434 shall apply.
Source
Laws 1981, LB 132, § 26.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-2427 - Power projects; creation of agency; petition; contents.

18-2427.
Power projects; creation of agency; petition; contents.
Upon adoption of ordinances or resolutions in accordance with section 18-2420, a petition shall be addressed to the Nebraska Power Review Board stating that it is the intent and purpose to create an agency pursuant to sections 18-2426 to 18-2434, subject to approval by the Nebraska Power Review Board. The petition shall state the name of the proposed agency, the names of the proposed participating municipalities, the name of each of the directors so far as known, a certified copy of each of the ordinances or resolutions of the participating municipalities determining the need for such an agency, a certified copy of the proceedings of each municipality evidencing the director's right to office, a general description of the operation in which the agency intends to engage, and the location and method of operation of the proposed plants and systems of the agency.
Source
Laws 1981, LB 132, § 27;
Laws 1981, LB 181, § 57;
Laws 2003, LB 165, § 8;
Laws 2007, LB199, § 5;
Laws 2020, LB858, § 6.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-2428 - Power projects; agency organization; conflict with certain entities; limitations.

18-2428.
Power projects; agency organization; conflict with certain entities; limitations.
Nothing in sections 18-2401 to 18-2485 shall be construed to prevent the organization of an agency whose participating municipalities operate within, or partly within, the territorial boundaries of a district or corporation organized under the provisions of Chapter 70, article 6, 7, or 8, so long as the plants, systems, and works, the operation of the same, the exercise of powers, and the assumption of duties and responsibilities of, or on the part of, such agency do not nullify, conflict with, or materially affect those of a district or corporation organized under the provisions of Chapter 70, article 6, 7, or 8.
Source
Laws 1981, LB 132, § 28.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-2430 - Power projects; petition; approval procedure.

18-2430.
Power projects; petition; approval procedure.
If the Nebraska Power Review Board determines that the statements in the petition filed pursuant to section 18-2427 are true and conform to public convenience and welfare and, so long as the plants, systems, and works, the operation of the same, the exercise of powers, and the assumption of duties and responsibilities of, or on the part of, such agency, do not nullify, conflict with, or materially affect those of a district or corporation organized under the provisions of Chapter 70, article 6 or 8 or the Electric Cooperative Corporation Act, the Nebraska Power Review Board or its successor shall, within thirty days after the receipt of such petition, execute a certificate in duplicate setting forth a true copy of the petition and declaring that the petition has been approved.
Source
Laws 1981, LB 132, § 30;
Laws 1981, LB 181, § 59;
Laws 2003, LB 165, § 9.
Cross References
Electric Cooperative Corporation Act, see section 70-701.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-2431 - Power projects; certificate of approval; where filed; effect.

18-2431.
Power projects; certificate of approval; where filed; effect.
Upon final approval the Nebraska Power Review Board shall immediately cause one copy of the certificate to be forwarded to and filed in the office of the Secretary of State and the other one to be forwarded to and filed in the office of the county clerk of the county in which the principal place of business of the agency is located. Thereupon such agency under its designated name shall be and constitute a body politic and corporate, and the agency and its directors shall possess the powers provided by law.
Source
Laws 1981, LB 132, § 31;
Laws 1981, LB 181, § 60.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-2432 - Power projects; appeal; procedure.

18-2432.
Power projects; appeal; procedure.
An appeal of any final action of the Nebraska Power Review Board pursuant to the Municipal Cooperative Financing Act may be taken to the Court of Appeals. Such appeal shall be in accordance with rules provided by law for appeals in civil cases.
Source
Laws 1981, LB 132, § 32;
Laws 1981, LB 181, § 61;
Laws 1991, LB 732, § 21;
Laws 2003, LB 187, § 6.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-2433 - Power projects; petition for agency creation; amendment; approval procedure.

18-2433.
Power projects; petition for agency creation; amendment; approval procedure.
(1) A petition for the creation of an agency which intends to engage in the operation of power projects or the generation or supply of electrical energy may be amended as provided in this section. Upon a majority vote of the directors, an agency may amend its petition for creation or may amend its charter to provide for a change in the general description of the nature of the business in which the agency is engaged, upon petition to the Nebraska Power Review Board and approval by the Nebraska Power Review Board in accordance with the procedure established in sections 18-2426 to 18-2434.
(2) After notice to interested parties and a public hearing which may be held at the option of the Nebraska Power Review Board, such amendments shall be approved if the Nebraska Power Review Board determines that the statements in the petition are true and conform to public convenience and welfare, and so long as the plants, systems, and works, the operation of the same, the exercise of powers, and the assumptions of duties and responsibilities of, or on the part of, such agency, do not nullify, conflict with, or materially affect those of any other district or a corporation organized under the provisions of Chapter 70, article 6 or 8 or the Electric Cooperative Corporation Act, or those of any part of such district or corporation.
Source
Laws 1981, LB 132, § 33;
Laws 1981, LB 181, § 62;
Laws 2003, LB 165, § 10.
Cross References
Electric Cooperative Corporation Act, see section 70-701.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-2434 - Power projects; certificate of approval; proof of agency's establishment.

18-2434.
Power projects; certificate of approval; proof of agency's establishment.
In any suit, action, or proceeding involving the validity or enforcement of, or relating to, any contract of the agency, the agency shall be conclusively deemed to have been established, except as against the state, in accordance with sections 18-2401 to 18-2485 upon proof of the issuance of the certificate issued by the Nebraska Power Review Board. A copy of such certificate duly certified by the Nebraska Power Review Board shall be admissible in evidence in any such suit, action, or proceeding and shall be conclusive proof of the filing and contents thereof.
Source
Laws 1981, LB 132, § 34;
Laws 1981, LB 181, § 63.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-2435 - Director; removal; certificate of appointment; term; vacancy; expenses.

18-2435.
Director; removal; certificate of appointment; term; vacancy; expenses.
A director may be removed for any cause at any time by the governing body of the municipality for which such director acts or by the board pursuant to its bylaws. A certificate of the appointment or reappointment of any director shall be filed with the clerk of the municipality for which such director acts and such certificate shall be conclusive evidence of the due and proper appointment of such director. Each director appointed prior to August 7, 2020, shall serve for a term of three years or until his or her successor has been appointed and has qualified in the same manner as the original appointment. Beginning on August 7, 2020, each director shall serve for a term as established by the bylaws of the board. A director shall be eligible for reappointment upon the expiration of his or her term. A vacancy shall be filled for the balance of the unexpired term of the person who has ceased to hold office in the same manner as the original appointment. A director shall receive no compensation for his or her services but shall be entitled to the necessary expenses, including travel expenses, incurred in the discharge of his or her official duties, including mileage at the rate provided in section 81-1176 for state employees.
Source
Laws 1981, LB 132, § 35;
Laws 1984, LB 686, § 2;
Laws 2020, LB858, § 7.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-2436 - Directors; number; voting; quorum; meetings.

18-2436.
Directors; number; voting; quorum; meetings.
Each participating municipality shall be entitled to appoint one director, but with the approval of each of the participating municipalities as evidenced by an ordinance or resolution of the governing body thereof, an agency's bylaws may contain a provision entitling any of the participating municipalities to appoint more than one director and specifying the number of directors to be appointed by each of the participating municipalities of the agency. The number of directors may be increased or decreased from time to time by an amendment to the bylaws approved by each of the participating municipalities as evidenced by an ordinance or resolution of the governing body thereof. The board may establish in its bylaws classes of membership which provide for allocated voting rights. Unless the bylaws of the agency shall require a larger number, a quorum of the board shall be constituted for the purpose of conducting the business and exercising the powers of the agency and for all other purposes when directors are present who are entitled to cast a majority of the total votes which may be cast by all of the board's directors. Action may be taken upon a vote of a majority of the votes which the directors present are entitled to cast unless the bylaws of the agency shall require a larger number. The manner of scheduling regular board meetings and the method of calling special board meetings, including the giving or waiving notice thereof, shall be as provided in the bylaws. Such meetings may be held by any means permitted by the Open Meetings Act.
Source
Laws 1981, LB 132, § 36;
Laws 2007, LB199, § 6;
Laws 2020, LB858, § 8.
Cross References
Open Meetings Act, see section 84-1407.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-2437 - Board; elect officers; executive director; employees.

18-2437.
Board; elect officers; executive director; employees.
The directors shall elect a chairperson and vice-chairperson of the board from among the directors. The agency shall have power to employ an executive director. The directors shall elect a secretary who shall either be from among the directors or the executive director. The agency may employ legal counsel for such legal services as it may require. The agency may also employ technical experts and such other officers, agents, and employees as it may require and shall determine their qualifications, duties, compensation, and term of office. The board may delegate to one or more of the agency's employees or agents such powers and duties as the board may deem proper.
Source
Laws 1981, LB 132, § 37.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-2438 - Board; create committees; powers; meetings.

18-2438.
Board; create committees; powers; meetings.
The board of an agency may create an executive committee the composition of which shall be set forth in the bylaws of the agency. The executive committee shall have and exercise the power and authority of the board during intervals between the board's meetings in accordance with the board's bylaws, rules, motions, or resolutions. The terms of office of the members of the executive committee and the method of filling vacancies shall be fixed by the bylaws of the agency. The board may also create one or more committees to which the board may delegate such powers and duties as the board shall specify. In no event shall any committee be empowered to authorize the issuance of bonds. The membership and voting requirements for action by a committee shall be specified by the board. An agency which contracts with municipalities outside the State of Nebraska may hold meetings outside the State of Nebraska if such meetings are held only in such contracting municipalities. Meetings of any committee which is a public body for purposes of the Open Meetings Act may be held by any means permitted by the act.
Source
Laws 1981, LB 132, § 38;
Laws 1984, LB 686, § 3;
Laws 1987, LB 324, § 4;
Laws 2001, LB 250, § 1;
Laws 2007, LB199, § 7.
Cross References
Open Meetings Act, see section 84-1407.
2023 Nebraska Revised Statutes › Chapter 18 - Cities and Villages; Laws Applicable to All › 18-2440 - Agency; power to tax denied; general powers and duties.

18-2440.
Agency; power to tax denied; general powers and duties.
An agency established pursuant to sections 18-2401 to 18-2485 shall constitute a political subdivision and a public body corporate and politic of this state exercising public powers separate from the participating municipalities. An agency shall have the duties, privileges, immunities, rights, liabilities, and disabilities of a political subdivision and a public body corporate and politic, but shall not have taxing power. An agency shall have power (1) to sue and be sued, (2) to have a seal and alter the same at pleasure, or to dispense with the necessity thereof, (3) to make and execute contracts and other instruments necessary or convenient to the exercise of its powers, and (4) from time to time, to make, amend, and repeal bylaws, rules, and regulations not inconsistent with sections 18-2401 to 18-2485 to carry out and effectuate its powers and purposes.
Source
Laws 1981, LB 132, § 40.