reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-2543 - Issuance of bonds; notice.

13-2543.
Issuance of bonds; notice.
In the case of a resolution or other proceeding providing for the issuance of bonds pursuant to the Joint Public Agency Act, the board may, either before or after the adoption of such resolution or other proceeding, in lieu of publishing the entire resolution or other proceeding, publish a notice of intention to issue bonds under the act, titled as such, containing:
(1) The name of the joint public agency;
(2) The purpose of the issue, including a brief description of the project and the name of the public agencies to be serviced by the project;
(3) The principal amount of bonds to be issued;
(4) The maturity date or dates and amount or amounts maturing on such dates;
(5) The maximum rate of interest payable on the bonds; and
(6) The times and place where a copy of the form of the resolution or other proceeding providing for the issuance of the bonds may be examined which shall be at an office of the joint public agency, identified in the notice, during regular business hours of the joint public agency as described in the notice and for a period of at least thirty days after the publication of the notice.
Source
Laws 1999, LB 87, § 43.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-2544 - Issuance of bonds; right to contest; procedure.

13-2544.
Issuance of bonds; right to contest; procedure.
For a period of thirty days after such publication, any interested person shall have the right to contest the legality of such resolution or proceeding or any bonds which may be authorized thereby, any provisions made for the security and payment of such bonds, or any contract of purchase, sale, or lease relating to the issuance of such bonds. After such time no one shall have any cause of action to contest the regularity, formality, or legality thereof for any cause whatsoever.
Source
Laws 1999, LB 87, § 44.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-2545 - Bonds; investment authorized.

13-2545.
Bonds; investment authorized.
Bonds issued pursuant to the Joint Public Agency Act shall be securities in which all public officers and instrumentalities of the state and all political subdivisions, insurance companies, trust companies, banks, savings and loan associations, investment companies, executors, administrators, personal representatives, trustees, and other fiduciaries may properly and legally invest funds, including capital in their control or belonging to them. Such bonds shall be securities which may properly and legally be deposited with and received by any officer or instrumentality of this state or any political subdivision for any purpose for which the deposit of bonds or obligations of this state or any political subdivision thereof is now or may hereafter be authorized by law.
Source
Laws 1999, LB 87, § 45.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-2546 - Bonds, property, and income; exempt from taxes; when.

13-2546.
Bonds, property, and income; exempt from taxes; when.
(1) All bonds of a joint public agency are declared to be issued for an essential public and governmental purpose and, together with interest thereon and income therefrom, shall be exempt from all taxes.
(2) The property of a joint public agency, including any pro rata share of any property owned by a joint public agency in conjunction with any other person, is declared to be public property of a governmental subdivision of the state. Such property and the income of a joint public agency shall be exempt from all taxes and assessments of the state or any political subdivision of the state if used for a public purpose.
Source
Laws 1999, LB 87, § 46;
Laws 2001, LB 173, § 12.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-2547 - Act; how construed.

13-2547.
Act; how construed.
The provisions of the Joint Public Agency Act shall be deemed to provide an additional, alternative, and complete method for the doing of the things authorized by the act and shall be deemed and construed to be supplemental and additional to, and not in derogation of, powers conferred upon political subdivisions, agencies, and others by law. Insofar as the provisions of the Joint Public Agency Act are inconsistent with the provisions of any general or special law, administrative order, or regulation, the provisions of the Joint Public Agency Act shall be controlling.
Source
Laws 1999, LB 87, § 47.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-2548 - Pledge of state.

13-2548.
Pledge of state.
The State of Nebraska does hereby pledge to and agree with the holders of any bonds and with those persons who may enter into contracts with any joint public agency under the Joint Public Agency Act that the state will not alter, impair, or limit the rights thereby vested until the bonds, together with applicable interest, are fully met and discharged and such contracts are fully performed. Nothing contained in the Joint Public Agency Act shall preclude such alteration, impairment, or limitation if and when adequate provisions are made by law for the protection of the holders of the bonds or persons entering into contracts with any joint public agency. Each joint public agency may include this pledge and undertaking for the state in such bonds or contracts.
Source
Laws 1999, LB 87, § 48.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-2549 - Joint public agency; status.

13-2549.
Joint public agency; status.
A joint public agency created by public agencies pursuant to the Joint Public Agency Act shall not be considered a state agency, and an employee of such an entity or agency shall not be considered a state employee.
Source
Laws 1999, LB 87, § 49.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-2601 - Act, how cited.

13-2601.
Act, how cited.
Sections 13-2601 to 13-2613 shall be known and may be cited as the Convention Center Facility Financing Assistance Act.
Source
Laws 1999, LB 382, § 1;
Laws 2010, LB779, § 2.
Cross References
Limitation on applications, see section 13-2612.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-2602 - Legislative findings.

13-2602.
Legislative findings.
(1) The Legislature finds that it will be beneficial to the economic well-being of the people of this state that there be convention and meeting center facilities and sports arena facilities of appropriate size and quality to host regional, national, or international events. Regional refers to states that border Nebraska; national refers to states other than those that border Nebraska; and international refers to nations other than the United States.
(2) The Legislature further finds that such facilities may (a) generate new economic activity as well as additional state and local taxes from persons residing within and outside the state and (b) create new economic opportunities for residents.
(3) In order that the state may receive any long-term economic and fiscal benefits from such facilities, a need exists to provide some state assistance to political subdivisions endeavoring to construct, acquire, substantially reconstruct, expand, operate, improve, or equip such facilities.
(4) Therefore, it is deemed to be in the best interest of both the state and its political subdivisions that the state assist political subdivisions in financing the construction, acquisition, substantial reconstruction, expansion, operation, improvement, or equipping of such facilities.
(5) The amount of state assistance provided under the Convention Center Facility Financing Assistance Act shall be limited to a designated portion of state sales tax revenue collected by retailers and operators doing business at such facilities on sales at such facilities, state sales tax revenue collected on primary and secondary box office sales of admissions to such facilities, and state sales tax revenue collected by associated hotels and nearby retailers.
Source
Laws 1999, LB 382, § 2;
Laws 2007, LB551, § 1;
Laws 2023, LB727, § 16.
Operative Date: June 7, 2023
Cross References
Limitation on applications, see section 13-2612.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-2604 - State assistance.

13-2604.
State assistance.
Any political subdivision that has acquired, constructed, improved, or equipped or has approved a bond issue to acquire, construct, improve, or equip eligible facilities may apply to the board for state assistance. The state assistance shall be used:
(1) To pay back amounts expended or borrowed through one or more issues of bonds to be expended by the political subdivision to acquire, construct, improve, repair, replace, and equip any eligible facilities until repayment in full of the amounts expended or borrowed by the political subdivision, including the principal of and interest on bonds, for all of its eligible facilities;
(2) To pay for capital improvements to any eligible facilities; and
(3) To acquire, construct, improve, repair, replace, and equip nearby parking facilities.
Source
Laws 1999, LB 382, § 4;
Laws 2010, LB779, § 3;
Laws 2016, LB884, § 2;
Laws 2022, LB927, § 2;
Laws 2023, LB727, § 18.
Operative Date: June 7, 2023
Cross References
Limitation on applications, see section 13-2612.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-2605 - State assistance; application; contents.

13-2605.
State assistance; application; contents.
(1) All applications for state assistance under the Convention Center Facility Financing Assistance Act shall be in writing and shall include a certified copy of the approving action of the governing body of the applicant describing the proposed eligible facility and the anticipated financing.
(2) The application shall contain:
(a) A description of the proposed financing of the eligible facility, including the estimated principal and interest requirements for the bonds proposed to be issued in connection with the eligible facility or the amounts necessary to repay the original investment by the applicant in the eligible facility;
(b) Documentation of local financial commitment to support the project, including all public and private resources pledged or committed to the project;
(c) A map identifying the area to be used in determining associated hotels and nearby retailers; and
(d) Any other project information deemed appropriate by the board.
(3) Upon receiving an application for state assistance, the board shall review the application and notify the applicant of any additional information needed for a proper evaluation of the application.
(4) Any state assistance received pursuant to the act shall be used only for public purposes.
(5) Approval of an application for state assistance by the board after June 7, 2023, pursuant to section 13-2607 shall establish the area to be used for determining associated hotels and nearby retailers as the aggregate area depicted in the map accompanying the application for state assistance as submitted pursuant to subdivision (2)(c) of this section.
(6) Each political subdivision that had an application for state assistance approved prior to October 1, 2016, shall submit a map to the Department of Revenue showing the area that lies within six hundred yards of the eligible facility as such area is described in subdivision (1) of section 13-2603. The department shall approve such area if it satisfies the requirements of subdivision (1) of section 13-2603.
Source
Laws 1999, LB 382, § 5;
Laws 2007, LB551, § 3;
Laws 2016, LB884, § 3;
Laws 2023, LB727, § 19.
Operative Date: June 7, 2023
Cross References
Limitation on applications, see section 13-2612.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-2606 - Board; powers and duties; hearing.

13-2606.
Board; powers and duties; hearing.
(1) After reviewing an application submitted under section 13-2605 and upon reasonable notice to the applicant, the board shall hold a public hearing on the application.
(2) The board shall give notice of the time, place, and purpose of the public hearing by publication three times in a newspaper of statewide circulation. Such publication shall be not less than ten days prior to the hearing. The notice shall describe generally the facilities for which state assistance has been requested. The applicant shall pay the cost of the notice.
(3) At the public hearing, representatives of the applicant and any other interested persons may appear and present evidence and argument in support of or in opposition to the application or neutral testimony. The board may seek expert testimony and may require testimony of persons whom the board desires to comment on the application. The board may provide for the acceptance of additional evidence after conclusion of the public hearing.
Source
Laws 1999, LB 382, § 6.
Cross References
Limitation on applications, see section 13-2612.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-2607 - Board; assistance approved; when; quorum.

13-2607.
Board; assistance approved; when; quorum.
(1) After consideration of the application and the evidence, the board shall issue a finding of whether the convention and meeting center facility or sports arena facility described in the application is eligible for state assistance.
(2) If the board finds that the facility described in the application is an eligible facility and that state assistance is in the best interest of the state, the application shall be approved.
(3) In determining whether state assistance is in the best interest of the state, the board shall consider the fiscal and economic capacity of the applicant to finance the local share of the eligible facility.
(4) A majority of the board members constitutes a quorum for the purpose of conducting business. All actions of the board shall be by a majority vote of all the board members, one of whom must be the Governor.
Source
Laws 1999, LB 382, § 7;
Laws 2007, LB551, § 4.
Cross References
Limitation on applications, see section 13-2612.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-2609 - Tax Commissioner; duties; certain retailers and operators; reports required.

13-2609.
Tax Commissioner; duties; certain retailers and operators; reports required.
(1) If an application is approved, the Tax Commissioner shall:
(a) Audit or review audits of the approved convention and meeting center facility, sports arena facility, associated hotel, or nearby retailer to determine the state sales tax revenue collected by retailers and operators doing business at such facilities on sales at such facilities, state sales tax revenue collected on primary and secondary box office sales of admissions to such facilities, and state sales tax revenue collected by associated hotels and nearby retailers; and
(b) Certify annually the amount of state sales tax revenue collected by retailers and operators doing business at such facilities on sales at such facilities, state sales tax revenue collected on primary and secondary box office sales of admissions to such facilities, and state sales tax revenue collected by associated hotels and nearby retailers, to the State Treasurer.
(2) State sales tax revenue collected by retailers and operators that are not eligible facilities but are doing business at eligible facilities shall be reported on informational returns developed by the Department of Revenue and provided to any such retailers and operators by the eligible facility. The informational returns shall be submitted to the department by the retailer or operator by the twentieth day of the month following the month the sales taxes are collected. The Tax Commissioner shall use the data from the informational returns and sales tax returns of eligible facilities, associated hotels, and nearby retailers to determine the appropriate amount of state sales tax revenue.
(3) Changes made to the Convention Center Facility Financing Assistance Act by Laws 2007, LB 551, shall apply to state sales tax revenue collected commencing on July 1, 2006.
Source
Laws 1999, LB 382, § 9;
Laws 2007, LB551, § 5;
Laws 2011, LB210, § 1;
Laws 2023, LB727, § 20.
Operative Date: June 7, 2023
Cross References
Limitation on applications, see section 13-2612.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-2611 - Bonds; issuance; election.

13-2611.
Bonds; issuance; election.
(1) The applicant political subdivision may issue from time to time its bonds and refunding bonds to finance and refinance the acquisition, construction, improving, repairing, replacing, and equipping of eligible facilities and appurtenant public facilities that are a part of the same project or projects. The bonds may be sold by the applicant in such manner and for such price as the applicant determines, at a discount, at par, or at a premium, at private negotiated sale or at public sale, after notice published prior to the sale in a legal newspaper having general circulation in the political subdivision or in such other medium of publication of notice of sale as the applicant deems appropriate. The bonds shall have a stated maturity of forty years or less and shall bear interest at such rate or rates and otherwise be issued in accordance with the respective procedures and with such other terms and provisions as are established, permitted, or authorized by applicable state laws and home rule charters for the type of bonds to be issued. Such bonds may be secured as to payment in whole or in part by a pledge, as shall be determined by the applicant, from the income, proceeds, and revenue of the eligible facilities financed with proceeds of such bonds, from the income, proceeds, and revenue of any of its eligible facilities, or from its revenue and income, including its sales, use, or occupation tax revenue, fees, appropriations, or receipts, as may be determined by the applicant. The applicant may further secure the bonds by a mortgage or deed of trust encumbering all or any portion of the eligible facilities and by a bond insurance policy or other credit support facility. No general obligation bonds, except refunding bonds, shall be issued until authorized by greater than fifty percent of the applicant's electors voting on the question as to their issuance at any election as defined in section 32-108. The face of the bonds shall plainly state that the bonds and the interest thereon shall not constitute nor give rise to an indebtedness, obligation, or pecuniary liability of the state nor a charge against the general credit, revenue, or taxing power of the state. Bonds of the applicant are declared to be issued for an essential public and governmental purpose and, together with interest thereon and income therefrom, shall be exempt from all state income taxes.
(2) All payments to political subdivisions under the Convention Center Facility Financing Assistance Act are made subject to specific appropriation for such purpose. Nothing in the act precludes the Legislature from amending or repealing the act at any time.
Source
Laws 1999, LB 382, § 11;
Laws 2009, LB402, § 1;
Laws 2023, LB727, § 22.
Operative Date: June 7, 2023
Cross References
Limitation on applications, see section 13-2612.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-2612 - Act; applications; limitation.

13-2612.
Act; applications; limitation.
The board shall not accept applications for assistance under the Convention Center Facility Financing Assistance Act after December 31, 2030.
Source
Laws 1999, LB 382, § 12;
Laws 2007, LB551, § 7;
Laws 2009, LB402, § 2;
Laws 2023, LB727, § 23.
Operative Date: June 7, 2023
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-2701 - Act, how cited.

13-2701.
Act, how cited.
Sections 13-2701 to 13-2710 shall be known and may be cited as the Civic and Community Center Financing Act.
Source
Laws 1999, LB 382, § 13;
Laws 2011, LB297, § 2;
Laws 2013, LB153, § 1.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-2702 - Purpose of act.

13-2702.
Purpose of act.
The purpose of the Civic and Community Center Financing Act is to support the development of civic centers, historic buildings or districts, public spaces, and recreation centers throughout Nebraska. Furthermore, the act is intended to support projects that foster maintenance or growth of communities.
Source
Laws 1999, LB 382, § 14;
Laws 2011, LB297, § 3;
Laws 2013, LB153, § 2;
Laws 2019, LB564, § 1.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-2703 - Terms, defined.

13-2703.
Terms, defined.
For purposes of the Civic and Community Center Financing Act:
(1) Applicant means and includes (a) any city or village in this state that is eligible for a grant of assistance pursuant to section 13-2706 and (b) any tribal government;
(2) Civic center means a facility that is used to host conventions, meetings, and cultural events or a library;
(3) Department means the Department of Economic Development;
(4) Eligible facility means any civic center, historic building or district, public space, or recreation center;
(5) Fund means the Civic and Community Center Financing Fund;
(6) Historic building or district means a building or district eligible for listing on or currently listed on the National Register of Historic Places or a building that is certified as contributing to the significance of a registered state or national historic district;
(7) Political subdivision means a county, school district, community college area, or natural resources district;
(8) Public space means property located within the traditional center of a community, typically comprised of a cohesive core of residential, civic, religious, and commercial buildings, arranged around a main street and intersecting streets;
(9) Recreation center means a facility or park used for athletics, fitness, sport activities, or recreation that is owned by an applicant and is available for use by the general public with or without charge. Recreation center does not include any facility that requires a person to purchase a membership to utilize such facility; and
(10) Tribal government means the officially recognized government of any Indian tribe, nation, or other organized group or community located in the state exercising self-government powers and recognized as eligible for services provided by the United States to Indians because of their status as Indians or any Indian tribe located in the state and recognized as an Indian tribe by the state.
Source
Laws 1999, LB 382, § 15;
Laws 2011, LB297, § 4;
Laws 2013, LB153, § 3;
Laws 2018, LB940, § 1;
Laws 2019, LB564, § 2;
Laws 2022, LB800, § 1.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-2704 - Civic and Community Center Financing Fund; created; use; investment.

13-2704.
Civic and Community Center Financing Fund; created; use; investment.
(1) The Civic and Community Center Financing Fund is created. The fund shall be administered by the department. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act. Transfers may be made from the fund to the General Fund, the Department of Revenue Enforcement Fund, and the State Colleges Sport Facilities Cash Fund at the direction of the Legislature.
(2)(a) The department shall use the Civic and Community Center Financing Fund for the following purposes:
(i) For grants of assistance as described in section 13-2704.01;
(ii) For grants of assistance as described in section 13-2704.02; and
(iii) For reasonable and necessary costs of the department directly related to the administration of the fund.
(b) Grants of assistance shall not be used for programming, marketing, advertising, or facility-staffing activities.
(3) The State Treasurer shall transfer two hundred fifty thousand dollars from the Civic and Community Center Financing Fund to the State Colleges Sport Facilities Cash Fund on October 1 of 2012, 2013, and 2014. Commencing October 1, 2015, and every year thereafter, the State Treasurer shall transfer three hundred thousand dollars from the Civic and Community Center Financing Fund to the State Colleges Sport Facilities Cash Fund.
Source
Laws 1999, LB 382, § 16;
Laws 2009, First Spec. Sess., LB3, § 8;
Laws 2010, LB779, § 5;
Laws 2011, LB297, § 5;
Laws 2012, LB969, § 4;
Laws 2013, LB153, § 4;
Laws 2015, LB661, § 29;
Laws 2019, LB564, § 3;
Laws 2020, LB1009, § 3.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-2704.01 - Grants of assistance; purposes; applications; evaluation.

13-2704.01.
Grants of assistance; purposes; applications; evaluation.
(1) The department shall use the fund to provide grants of assistance for the following purposes:
(a) To assist in the construction of new civic centers and recreation centers or the renovation or expansion of existing civic centers and recreation centers;
(b) To assist in the preservation, restoration, conversion, rehabilitation, or reuse of historic buildings or districts; or
(c) To assist in the construction or upgrade of public spaces, including the demolition of substandard and abandoned buildings.
(2) Applications for grants of assistance pursuant to this section shall be evaluated by the department pursuant to section 13-2707.
Source
Laws 2013, LB153, § 5;
Laws 2018, LB379, § 3;
Laws 2018, LB940, § 2;
Laws 2019, LB564, § 4.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-2704.02 - Grants of assistance; engineering and technical studies.

13-2704.02.
Grants of assistance; engineering and technical studies.
(1) The department shall use the fund to provide grants of assistance for engineering and technical studies directly related to projects described in section 13-2704.01.
(2) Applications for grants of assistance pursuant to this section shall be evaluated by the department pursuant to section 13-2707.01.
Source
Laws 2013, LB153, § 6.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-2706 - Eligibility for grant; grant application.

13-2706.
Eligibility for grant; grant application.
(1) Except as provided in subsection (2) of this section for a city of the primary class, any municipality that has applied for and received a grant of assistance under the Sports Arena Facility Financing Assistance Act shall not receive state assistance under the Civic and Community Center Financing Act for the same project for which the grant was awarded under the Sports Arena Facility Financing Assistance Act.
(2) A city of the primary class shall not be eligible to receive a grant of assistance from the Civic and Community Center Financing Act if the city has applied for and received a grant of assistance under the Sports Arena Facility Financing Assistance Act.
(3) Any city that has received funding under the Convention Center Facility Financing Assistance Act shall not receive state assistance under the Civic and Community Center Financing Act.
(4) From July 1, 2023, to June 30, 2024, a municipality shall be eligible for a grant of assistance under the Civic and Community Center Financing Act only if such municipality (a) partners with a certified creative district and (b) is not prohibited from receiving a grant of assistance under subsection (1), (2), or (3) of this section. Notwithstanding the limitations on the amount of grants of assistance in section 13-2705, the department may award grants of assistance to qualifying municipalities in amounts set by the Nebraska Arts Council, which shall not be less than one hundred thousand dollars. The department shall coordinate with the Nebraska Arts Council for purposes of setting such amounts. For purposes of this subsection, certified creative district means a creative district certified pursuant to subdivision (5) of section 82-312. After June 30, 2024, this subsection no longer applies.
(5) Any municipality eligible for a grant of assistance as provided in this section may apply for a grant of assistance from the fund. Any tribal government may apply for a grant of assistance from the fund. Application shall be made on forms developed by the department.
Source
Laws 1999, LB 382, § 18;
Laws 2003, LB 385, § 2;
Laws 2007, LB551, § 8;
Laws 2010, LB779, § 6;
Laws 2012, LB426, § 1;
Laws 2022, LB800, § 3;
Laws 2022, LB927, § 5;
Laws 2023, LB727, § 24.
Operative Date: June 7, 2023
Cross References
Convention Center Facility Financing Assistance Act, see section 13-2601.
Sports Arena Facility Financing Assistance Act, see section 13-3101.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-2707 - Department; evaluation criteria; match required; location.

13-2707.
Department; evaluation criteria; match required; location.
(1) The department shall evaluate all applications for grants of assistance under section 13-2704.01 based on the following criteria, which are listed in no particular order of preference:
(a) Retention Impact. Funding decisions by the department shall be based on the likelihood of the project retaining existing residents in the community where the project is located, developing, sustaining, and fostering community connections, and enhancing the potential for economic growth in a manner that will sustain the quality of life and promote long-term economic development;
(b) New Resident Impact. Funding decisions by the department shall be based on the likelihood of the project attracting new residents to the community where the project is located;
(c) Visitor Impact. Funding decisions by the department shall be based on the likelihood of the project enhancing or creating an attraction that would increase the potential of visitors to the community where the project is located from inside and outside the state;
(d) Readiness. The fiscal, economic, and operational capacity of the applicant, and of any political subdivision that owns the eligible facility jointly with the applicant, to finance and manage the project and to operate the eligible facility; and
(e) Project Planning. Projects with completed technical assistance and feasibility studies shall be preferred to those with no prior planning.
(2) The department shall give priority to applications from applicants which have not received a grant of assistance under section 13-2704.01 within the last ten years.
(3) Any grant of assistance under section 13-2704.01 shall be matched at least equally from local sources. At least fifty percent of the local match must be in cash.
(4) To receive a grant of assistance under section 13-2704.01, the project for which the grant is requested shall be located in the municipality that applies for the grant or, for any city of the first class, city of the second class, or village, within the municipality's extraterritorial zoning jurisdiction. This subsection shall not apply to any application submitted by a tribal government.
(5) To receive a grant of assistance under section 13-2704.01, the project for which the grant is requested shall involve an eligible facility that is owned by the applicant, except that a municipality may own an eligible facility jointly with a political subdivision if the municipality's ownership interest in such eligible facility is at least fifty percent. In such case, the municipality shall be the applicant for the grant of assistance.
Source
Laws 1999, LB 382, § 19;
Laws 2003, LB 385, § 3;
Laws 2011, LB297, § 7;
Laws 2013, LB153, § 8;
Laws 2018, LB940, § 4;
Laws 2019, LB564, § 6;
Laws 2022, LB800, § 4.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-2707.01 - Grant; engineering and technical studies; evaluation criteria.

13-2707.01.
Grant; engineering and technical studies; evaluation criteria.
The department shall evaluate all applications for grants of assistance under section 13-2704.02 based on the following criteria:
(1) Financial Support. Assistance from the fund shall be matched at least equally from local sources. At least fifty percent of the local match must be in cash. Projects with a higher level of local matching funds shall be preferred as compared to those with a lower level of matching funds; and
(2) Project Location. Assistance from the fund shall be for engineering and technical studies related to projects that will be located in the municipality that applies for the grant or, for any city of the first class, city of the second class, or village, in the municipality's extraterritorial zoning jurisdiction. This subdivision shall not apply to any application submitted by a tribal government.
Source
Laws 2013, LB153, § 9;
Laws 2019, LB564, § 7;
Laws 2022, LB800, § 5.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-2708 - Grant; approval.

13-2708.
Grant; approval.
If a grant of assistance is approved by the department, the applicant shall receive conditional approval of the level of assistance. Projects shall receive funding from the fund in the order conditional approval is received and whenever there is sufficient money in the fund to provide the assistance. It is the intent of the Legislature to appropriate funds to support projects which have received conditional approval from the department. A grant of assistance shall be finally approved when funds for the project are appropriated by the Legislature.
Source
Laws 1999, LB 382, § 20;
Laws 2003, LB 385, § 4.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-2710 - Rules and regulations.

13-2710.
Rules and regulations.
The department shall adopt and promulgate rules and regulations to carry out the Civic and Community Center Financing Act.
Source
Laws 1999, LB 382, § 22;
Laws 2011, LB297, § 8.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-2802 - Metropolitan utilities district; how treated.

13-2802.
Metropolitan utilities district; how treated.
Whenever creation of a municipal county is proposed involving a city of the metropolitan class, the interjurisdictional planning commission shall include in its plan a recommendation with regard to the territory within which any metropolitan utilities district shall have and may exercise the power of eminent domain pursuant to subsection (2) of section 14-2116. The plan shall further include a recommendation with regard to the territory which shall be deemed to be within the corporate boundary limits or extraterritorial zoning jurisdiction of a municipality or a municipality dissolved by the creation of the municipal county for purposes of the State Natural Gas Regulation Act. The question of creation of the municipal county shall not be submitted to a vote under section 13-2810 until a law adopting the provisions required by this section has been enacted.
Source
Laws 2001, LB 142, § 2;
Laws 2006, LB 1249, § 1.
Cross References
State Natural Gas Regulation Act, see section 66-1801.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-2804 - Municipal county; powers and duties; provisions governing transition.

13-2804.
Municipal county; powers and duties; provisions governing transition.
(1) A municipal county has the powers and duties of a county and shall fulfill the same role as other counties and county officials of the municipal county as would be applicable to a county of the same population as the municipal county. Any reference in law to counties shall be deemed to refer to a municipal county. A municipal county has the powers and duties of cities and villages as would be applicable to the largest municipality consolidated into the municipal county. Any reference in law to cities, villages, or municipalities shall be deemed to apply also to a municipal county.
(2) On the date of creation of a municipal county, all ordinances, bylaws, acts, motions, rules, resolutions, and proclamations enacted by the governing body of each county or municipality involved shall continue in full force and effect, with respect to the counties and municipalities consolidated into the municipal county, until amended, repealed, or otherwise superseded by the council of the municipal county. All obligations, leases, and contracts of the counties or municipalities consolidated into the municipal county, except for bonded indebtedness, shall become obligations, leases, and contracts of the municipal county. In the event any utility, lease, franchise, or service area agreement has been entered into by or is applicable to a county or municipality involved, the utility, lease, franchise, or service area agreement shall be unaffected by the creation of the municipal county and unchanged by the elimination of the municipal or county boundaries. In the event any service area or territory in which powers of a political subdivision could be exercised or boundaries of a political subdivision were previously defined by reference, in whole or in part, to the boundaries of a participating municipality or county, the boundaries of such service area or territory or political subdivision, and the exercise of the powers of the political subdivision, shall be unaffected by the creation of a municipal county and unchanged by the elimination of the municipal or county boundaries.
Source
Laws 2001, LB 142, § 4.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-2805 - Ordinances; adoption; procedure.

13-2805.
Ordinances; adoption; procedure.
(1) A municipal county may adopt ordinances, and any such ordinances shall supersede those of any municipality or county consolidated into the municipal county.
(2) All ordinances shall be passed pursuant to such rules and regulations as the council may provide, and all such ordinances may be proved by the certificate of the council. When printed or published in book or pamphlet form and purporting to be published by authority of the municipal county, such ordinances shall be read and received in evidence in all courts and places without further proof. The passage, approval, and publication or posting of an ordinance shall be sufficiently proved by a certificate from the council showing that the ordinance was passed and approved and when and in what newspaper the ordinance was published or when, by whom, and where the ordinance was posted. When ordinances are published in book or pamphlet form, purporting to be published by authority of the council, the same need not be otherwise published, and the book or pamphlet shall be received as evidence of the passage and legal publication of the ordinances, as of the dates mentioned in the book or pamphlet, in all courts without further proof.
Source
Laws 2001, LB 142, § 5.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-2806 - Ordinances; requirements.

13-2806.
Ordinances; requirements.
(1) All ordinances and resolutions or orders for the appropriation or payment of money shall require for their passage or adoption the concurrence of a majority of all members of the council.
(2) Ordinances of a general or permanent nature shall be read by title on three different days unless three-fourths of the members vote to suspend this requirement.
(3) Ordinances shall contain no subject which is not clearly expressed in the title, and, except as provided in section 19-915, no ordinance or section thereof shall be revised or amended unless the new ordinance contains the entire ordinance or section as revised or amended and the ordinance or section so amended is repealed, except that for an ordinance revising all the ordinances of the municipal county the only title necessary shall be: "An ordinance of the municipal county of .........., revising all the ordinances of the municipal county." Under such title, all the ordinances may be revised in sections and chapters or otherwise, may be corrected, added to, and any part suppressed, and may be repealed with or without a saving clause as to the whole or any part without other title.
Source
Laws 2001, LB 142, § 6.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-2807 - Ordinance; form; publication; emergency.

13-2807.
Ordinance; form; publication; emergency.
The style of ordinances shall be: "Be it ordained by the council of the municipal county of ................," and all ordinances of a general nature shall, within fifteen days after they are passed, be published in one or more newspapers in general circulation within the municipal county, or in pamphlet form, to be distributed or sold, as may be provided by ordinance. Every ordinance fixing a penalty or forfeiture for its violation shall, before the same takes effect, be published for at least one week in one or more newspapers in general circulation within the municipal county. In cases of riots, infectious diseases, or other impending danger, or any other emergency requiring its immediate operation, such ordinance shall take effect upon the proclamation of the council immediately upon its first publication.
Source
Laws 2001, LB 142, § 7.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-2808 - Levy authorized; allocations.

13-2808.
Levy authorized; allocations.
A municipal county may levy up to one dollar per one hundred dollars of taxable value, not including bonded indebtedness. From the levy authority of the municipal county, the municipal county may allocate to miscellaneous political subdivisions as provided in section 77-3443. In no event shall the levies of the municipal county and any miscellaneous political subdivisions allocated levy authority by the municipal county total more than one dollar per one hundred dollars of taxable value on any one parcel in the municipal county, except for bonded indebtedness approved according to law, lease-purchase agreements approved prior to July 1, 1998, and judgments obtained against the municipal county or one of its predecessors which obligate the municipal county to pay the judgments to the extent not paid by liability insurance and except as provided in section 77-3444.
Source
Laws 2001, LB 142, § 8.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-2809 - Municipalities and fire protection districts within municipal county; treatment.

13-2809.
Municipalities and fire protection districts within municipal county; treatment.
(1) An area within the boundaries of a municipality which remains within the boundaries of a municipal county and is not consolidated into the municipal county at the time of the formation of the municipal county shall not be considered to be part of the municipal county for any purpose. Such a municipality shall not be annexed by the municipal county, and such a municipality shall not annex any territory, for at least four years after the date of creation of the municipal county. Such a municipality shall retain:
(a) The authority to levy property taxes, not to exceed ninety cents per one hundred dollars of taxable value except as provided in sections 77-3442 and 77-3444; and
(b) All the other powers and duties applicable to a municipality of the same population with the same form of government in effect on the date of creation of the municipal county, including, but not limited to, its zoning jurisdiction and the authority to impose a tax as provided in the Local Option Revenue Act.
(2) In order to provide economical and efficient services, a municipality within the boundaries of a municipal county may annex adjacent territory within the municipal county if the municipal county consents. Consent shall be granted if the services will be provided by the municipality within the annexed territory at less cost than similar services provided by the municipal county.
(3) All fire protection districts which are within the boundaries of a municipal county shall continue to exist after formation of the municipal county.
Source
Laws 2001, LB 142, § 9;
Laws 2015, LB325, § 2.
Cross References
Local Option Revenue Act, see section 77-27,148.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-2811 - Approval of formation of municipal county; effect.

13-2811.
Approval of formation of municipal county; effect.
Approval of the formation of a municipal county shall abolish all county and municipal offices at the end of the then current officeholders' terms except as provided in subsection (3) of section 13-2803 and shall terminate all townships located within the municipal county. All debt of abolished counties and municipalities consolidated into a municipal county shall remain the responsibility of the county or municipality responsible at the time consolidation is approved.
Source
Laws 2001, LB 142, § 11.
2023 Nebraska Revised Statutes › Chapter 13 - Cities, Counties, and Other Political Subdivisions › 13-2813 - Sales and use tax authorized.

13-2813.
Sales and use tax authorized.
(1) A municipal county by ordinance of its council may impose a sales and use tax of one-half percent, one percent, or one and one-half percent upon the same transactions within the entire municipal county on which the state is authorized to impose a tax pursuant to the Nebraska Revenue Act of 1967, as amended from time to time.
(2) A municipal county shall not impose a new sales and use tax, increase the tax, or extend the territory of an existing sales and use tax until an election is held and a majority of the registered voters as provided in section 13-2810 have approved the tax, increase, or extension. The ballot issue proposing approval of a new sales and use tax or the increase or territorial extension of an existing sales and use tax may be combined with the issue proposing creation of a municipal county.
Source
Laws 2001, LB 142, § 13.
Cross References
Nebraska Revenue Act of 1967, see section 77-2701.