reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-1803 - Metropolitan transit authority; creation; members; appointment; jurisdiction; compensation; expenses; delegation of powers and duties.

14-1803.
Metropolitan transit authority; creation; members; appointment; jurisdiction; compensation; expenses; delegation of powers and duties.
(1) Any city of the metropolitan class may create by ordinance a transit authority to be managed and controlled by a board of five members which shall be appointed as provided in section 14-1813 and shall have full and exclusive jurisdiction and control over all facilities owned or acquired by such city for a public passenger transportation system. The governing body of such city, in the exercise of its discretion, shall find and determine in the ordinance creating such transit authority that its creation is expedient and necessary. The chairperson of such transit authority shall be paid as compensation for his or her services not more than six hundred dollars per month. Each other member of such transit authority shall be paid as compensation for his or her services not more than five hundred dollars per month. All salaries and compensation shall be obligations against and paid solely from the revenue of such transit authority. Members of such transit authority shall also be entitled to reimbursement for expenses paid or incurred in the performance of the duties imposed upon them by the Transit Authority Law with reimbursement for mileage to be made at the rate provided in section 81-1176. The board may delegate to one or more of the members or to officers, agents, and employees of the authority such powers and duties as it may deem proper.
(2) Any transit authority created pursuant to such law shall have and retain full and exclusive jurisdiction and control over all public passenger transportation systems in such city, excluding taxicabs, transportation network companies, and interstate railroad systems in such city, and over all public passenger transportation systems operated by such transit authority in any county, city, or village served by the authority, with the right and duty to charge and collect revenue for the operation and maintenance of such systems and for the benefit of the holders of any of its bonds or other liabilities. Unless such authority elects to convert to a regional metropolitan transit authority under the Regional Metropolitan Transit Authority Act, if such authority ceases to exist, its rights and properties shall pass to and vest in such city of the metropolitan class.
Source
Laws 1957, c. 23, § 3, p. 159;
Laws 1972, LB 1275, § 3;
Laws 1973, LB 69, § 1;
Laws 1981, LB 204, § 17;
Laws 1989, LB 309, § 1;
Laws 1996, LB 1011, § 5;
Laws 2003, LB 720, § 2;
Laws 2019, LB492, § 33.
Cross References
Regional Metropolitan Transit Authority Act, see section 18-801.
Annotations
The jurisdiction and powers herein given a transit authority is for local control and does not affect the general control vested in the Public Service Commission by the Constitution. Ritums v. Howell, 190 Neb. 503, 209 N.W.2d 160 (1973).
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-1804 - Metropolitan transit authority; establishment; body corporate.

14-1804.
Metropolitan transit authority; establishment; body corporate.
The authority shall be a body corporate and politic and shall be known as Transit Authority of ..................... (filling out the blank with the name of the city), and shall be a governmental subdivision of the State of Nebraska with the powers and authority provided by the Transit Authority Law. The authority is declared to be an instrumentality of the state exercising public and essential governmental functions in the exercise of the powers conferred upon it by the Transit Authority Law.
Source
Laws 1957, c. 23, § 4, p. 160;
Laws 1972, LB 1275, § 4;
Laws 1998, LB 1191, § 7.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-1807 - Metropolitan transit authority; revenue bonds and certificates; extent of obligation.

14-1807.
Metropolitan transit authority; revenue bonds and certificates; extent of obligation.
Under no circumstances shall any bonds or certificates issued by the authority or any other obligation of the authority be or become an indebtedness or obligation of the State of Nebraska, or of any other political subdivision or body corporate and politic or of any municipality within the state, nor shall any such bond, certificate, or obligation be or become an indebtedness of the authority within the purview of any constitutional limitation or provision, and it shall be plainly stated on the face of each bond and certificate that it does not constitute such an indebtedness or obligation but is payable solely from revenue and income as aforesaid, including such tax revenue as may be received, as herein provided.
Source
Laws 1957, c. 23, § 7, p. 166;
Laws 1972, LB 1275, § 7.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-1808 - Metropolitan transit authority; revenue bonds and certificates; sale; advertisement; bids.

14-1808.
Metropolitan transit authority; revenue bonds and certificates; sale; advertisement; bids.
Before any such bonds or certificates (excepting refunding bonds or certificates) are sold the entire authorized issue, or any part thereof, shall be offered for sale as a unit after advertising for bids at least three times in a daily newspaper of general circulation published in the city of the metropolitan class, the last publication to be at least ten days before bids are required to be filed. Copies of such advertisement may also be published in any newspaper or financial publication in the United States. All bids shall be sealed, filed, and opened as provided by resolution adopted by the authority, and the bonds or certificates shall be awarded to the highest and best bidder or bidders therefor. The authority shall have the right to reject all bids and readvertise for bids in the manner provided for in the initial advertisement. If no bids are received such bonds or certificates may be sold at the best possible price according to the discretion of the board, without further advertising, within thirty days after the bids are required to be filed pursuant to any advertisement.
Source
Laws 1957, c. 23, § 8, p. 166;
Laws 1972, LB 1275, § 8.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-1809 - Metropolitan transit authority; revenue bonds and certificates; legal investment; considered securities.

14-1809.
Metropolitan transit authority; revenue bonds and certificates; legal investment; considered securities.
Bonds issued by the authority under the Transit Authority Law are hereby made securities in which the state and all political subdivisions of the state, their officers, boards, commissions, departments, or other agencies, all banks, bankers, savings banks, trust companies, savings and loan associations, investment companies, insurance associations, and other persons carrying on an insurance business, and all administrators, executors, guardians, trustees, and other fiduciaries, and all other persons whatsoever who now are or may hereafter be authorized to invest in bonds or other obligations of the state, may properly and legally invest any funds, including capital belonging to them or within their control. Such bonds or other securities or obligations are hereby made securities which may properly and legally be deposited with and received by any state or municipal officers or agency of the state for any purpose for which the deposit of bonds or other obligations of the state is now or may hereafter be authorized by law.
Source
Laws 1957, c. 23, § 9, p. 167;
Laws 1972, LB 1275, § 9;
Laws 1998, LB 1191, § 10.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-1810 - Metropolitan transit authority; property; exempt from taxation; exceptions.

14-1810.
Metropolitan transit authority; property; exempt from taxation; exceptions.
An authority created pursuant to the Transit Authority Law being a governmental subdivision of the State of Nebraska to exercise public and essential governmental functions, all property thereof, all operations thereof, and all rights to operate, of whatsoever character, and all bonds and equipment trust notes or certificates issued by it, shall be exempt from any and all forms of assessment and taxation, and from all other governmental and municipal licenses, excises, and charges, except for assessments under the Nebraska Workers' Compensation Act and any combined tax due or payments in lieu of contributions as required under the Employment Security Law.
Source
Laws 1957, c. 23, § 10, p. 167;
Laws 1972, LB 1275, § 10;
Laws 1998, LB 1191, § 11;
Laws 2022, LB780, § 1.
Cross References
Employment Security Law, see section 48-601.
Nebraska Workers' Compensation Act, see section 48-1,110.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-1811 - Metropolitan transit authority; equipment; purchase; securities.

14-1811.
Metropolitan transit authority; equipment; purchase; securities.
(1) The authority shall have power to purchase equipment, including motor buses, and may execute agreements, leases, conditional sales contracts, conditional lease contracts, and equipment trust notes or certificates in the form customarily used in such cases appropriate to effect such purchase, and may dispose of such equipment trust notes or certificates. All money required to be paid by the authority under the provisions of such agreements, leases, and equipment notes or trust certificates shall be payable solely from the revenue or income to be derived from the transportation systems, and from such tax receipts as may be herein authorized and from grants and loans received, as provided in the Transit Authority Law. Payment for such equipment, or rentals therefor, may be made in installments, and the deferred installments may be evidenced by equipment trust notes or certificates payable solely from such sources of income, and title to such equipment need not vest in the authority until the equipment trust notes or certificates are paid, but when payment is accomplished the equipment title shall vest in the authority.
(2) The agreement to purchase may direct the vendor to sell and assign the equipment to a bank or trust company, duly authorized to transact business in the State of Nebraska, as trustee, for the benefit and security of the equipment trust notes or certificates, and may direct the trustee to deliver the equipment to one or more designated officers of the authority, and may authorize the trustee simultaneously therewith to execute and deliver a lease of the equipment to the authority.
(3) The agreements, leases, contracts, or equipment trust certificates shall be duly acknowledged before some person authorized by law to take acknowledgments of deeds, and in the form required for acknowledgment of deeds, and such agreements, leases, and equipment trust notes or certificates shall be authorized by resolution of the board, and shall contain such covenants, conditions, and provisions as may be deemed necessary or appropriate to insure the payment of the equipment trust notes or certificates from the revenue and income of the authority.
(4) The covenants, conditions, and provisions of the agreements, leases, contracts, and equipment trust notes or certificates shall not conflict with any of the provisions of any trust agreement securing the payment of revenue bonds or certificates of the authority.
Source
Laws 1957, c. 23, § 11, p. 168;
Laws 1972, LB 1275, § 11;
Laws 1998, LB 1191, § 12.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-1812 - Metropolitan transit authority; board; name.

14-1812.
Metropolitan transit authority; board; name.
Unless the authority elects to convert into a regional metropolitan transit authority pursuant to the Regional Metropolitan Transit Authority Act, the governing body of the authority shall be a board to be known as The Transit Authority of ............., filling out the blank with the name of the city, which shall consist of five members, to be appointed as provided in section 14-1813. If at any time such authority elects to convert into a regional metropolitan transit authority, then as of the effective date of such conversion, the governing body of a transit authority established under the Transit Authority Law shall become a board known as the Regional Metropolitan Transit Board of . . . . (filling out the blank with the name coinciding with the name of the regional metropolitan transit authority determined pursuant to section 18-804). Thereafter, notwithstanding any provision in the Transit Authority Law to the contrary, such board shall consist of members as determined under and be governed by and subject to the Regional Metropolitan Transit Authority Act.
Source
Laws 1957, c. 23, § 12, p. 169;
Laws 1972, LB 1275, § 12;
Laws 1973, LB 69, § 3;
Laws 2019, LB492, § 34.
Cross References
Regional Metropolitan Transit Authority Act, see section 18-801.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-1814 - Metropolitan transit authority; board; organization; officers; quorum; meetings; resolutions; public records.

14-1814.
Metropolitan transit authority; board; organization; officers; quorum; meetings; resolutions; public records.
Not later than seven days after the qualification of the members, the board shall organize for the transaction of business, shall select a chairperson and vice-chairperson from among its members, and shall adopt bylaws, rules, and regulations to govern its proceedings. The chairperson and vice-chairperson and their successors shall be elected annually by the board and shall serve for a term of one year. Any vacancy in the offices of chairperson and vice-chairperson shall be filled by election by the board. A quorum for the transaction of business shall consist of three members of the board. Regular meetings of the board shall be held at least once in each calendar month at the time and place to be fixed by the board. All actions of the board shall be by resolution, except as may otherwise be provided in the Transit Authority Law, and the affirmative vote of at least three members shall be necessary for the adoption of any resolution. Any such resolution shall be approved by the chairperson of the board, or in his or her absence by the vice-chairperson of the board, before taking effect. If he or she shall approve thereof he or she shall sign the same. If he or she shall not approve thereof, he or she shall return the resolution to the board with his or her objections thereto in writing at the next regular meeting of the board occurring after the passage thereof. If the chairperson shall fail to return any resolution with his or her written objections to the board within the time aforesaid, he or she shall be deemed to have approved the same and it shall take effect; any resolution not approved by the chairperson may be passed by the affirmative vote of at least four members of the board. The board shall cause to be kept accurate minutes of all of its proceedings. All resolutions and all proceedings of the authority and all official documents and records of the authority shall be public records and open to public inspection, except such documents and records as shall be prepared and kept for use in negotiations, actions, or proceedings, to which the authority is a party.
Source
Laws 1957, c. 23, § 14, p. 170;
Laws 1972, LB 1275, § 14;
Laws 1998, LB 1191, § 13.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-1816 - Metropolitan transit authority; board; employees; private interest; prohibited.

14-1816.
Metropolitan transit authority; board; employees; private interest; prohibited.
No member of the board and no officer or employee of the authority shall have any private financial interest, profit, or benefit in any contract, work, or business of the authority and in the sale or lease of any property to or from the authority.
Source
Laws 1957, c. 23, § 16, p. 171.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-1818 - Metropolitan transit authority; receipts; disbursements; books of account.

14-1818.
Metropolitan transit authority; receipts; disbursements; books of account.
The board shall provide by resolution for the manner of handling all receipts, the depositing of same in banks, and the investment of same when practicable, and of all disbursements, and shall provide for the keeping of accurate books of account of all of same.
Source
Laws 1957, c. 23, § 18, p. 172;
Laws 1972, LB 1275, § 15.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-1819 - Metropolitan transit authority; fiscal year; budget.

14-1819.
Metropolitan transit authority; fiscal year; budget.
The board shall establish a fiscal operating year at least thirty days prior to the beginning of the first full fiscal year after the creation of the authority, and annually thereafter the board shall cause to be prepared a tentative budget which shall include all operation and maintenance expense for the ensuing fiscal year. The tentative budget shall be considered by the board, and, subject to any revision and amendments as may be determined, shall be adopted prior to the first day of the ensuing fiscal year as the budget for that year. No expenditure for operations and maintenance in excess of the budget shall be made during any fiscal year except by the affirmative vote of at least four members of the board. It shall not be necessary to include in the annual budget any statement of interest or principal payments on bonds or certificates, or for capital outlays, but it shall be the duty of the board to make provision for payment of same from appropriate funds.
Source
Laws 1957, c. 23, § 19, p. 172.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-1820 - Metropolitan transit authority; financial statement; publication; filing.

14-1820.
Metropolitan transit authority; financial statement; publication; filing.
As soon after the end of each fiscal year as may be expedient, the board shall cause to be prepared and printed a complete and detailed report and financial statement of its operations and of its assets and liabilities. A reasonably sufficient number of copies of such report shall be printed for distribution to persons interested, upon request, eight copies shall be filed with the Nebraska Publications Clearinghouse, and a copy thereof shall be mailed to the mayor and members of the city council and the governing board of any county in which such city is located, adjacent county, or city or village located within such counties served by the authority, and filed with the clerk of such county, city, or village.
Source
Laws 1957, c. 23, § 20, p. 172;
Laws 1972, LB 1275, § 16;
Laws 1972, LB 1284, § 12;
Laws 2003, LB 720, § 5.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-1821 - Metropolitan transit authority; tax request; certification; levy; collection.

14-1821.
Metropolitan transit authority; tax request; certification; levy; collection.
To assist in the defraying of all character of expense of the authority and to such extent as in its discretion and judgment may be necessary, the board shall annually certify a tax request for the fiscal year commencing on the following January 1. Such tax request shall not exceed in any one year ten cents on each one hundred dollars on the taxable value of the taxable property in the city of the metropolitan class or taxable property in any county in which such city is located, adjacent county, or city or village located within such counties served by the authority. The board shall by resolution, on or before September 30 of each year, certify such tax request to the city council of such city and the governing board of any county in which such city is located, adjacent county, or city or village located within such counties served by the authority. Such county, city, or village is hereby authorized to cause such tax to be levied and to be collected as are other taxes by the treasurer of such city or village or county treasurer and paid over by him or her to the treasurer of such board subject to the order of such board and subject to section 77-3443. If in any year the full amount so certified and collected is not needed for the current purposes of such authority, the balance shall be credited to reserves of such authority to be used for acquisition of necessary property and equipment.
Source
Laws 1957, c. 23, § 21, p. 173;
Laws 1972, LB 1275, § 17;
Laws 1974, LB 875, § 1;
Laws 1979, LB 187, § 35;
Laws 1986, LB 1012, § 2;
Laws 1987, LB 471, § 2;
Laws 1992, LB 1063, § 6;
Laws 1992, Second Spec. Sess., LB 1, § 6;
Laws 1993, LB 734, § 23;
Laws 1995, LB 452, § 4;
Laws 1997, LB 269, § 19;
Laws 2003, LB 720, § 6;
Laws 2007, LB206, § 3;
Laws 2021, LB644, § 8.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-1822 - Metropolitan transit authority; transportation system; operation; rates and fares; adequate revenue.

14-1822.
Metropolitan transit authority; transportation system; operation; rates and fares; adequate revenue.
The board shall make all rules and regulations, according to its discretion, governing the operation of the transportation system, and shall determine all routings and change the same whenever deemed advisable by the board. The board shall fix rates, fares, and charges for transportation, except that such revenue, together with revenue made available through taxation and revenue from any grants or loans received as provided in the Transit Authority Law, shall be at all times sufficient in the aggregate to provide revenue: (1) For the payment of the interest on and principal of all revenue bonds or certificates and equipment trust notes or certificates and other obligations of the authority, and to meet all other charges upon such revenue as provided by any trust agreement executed by the authority in connection with the issuance of revenue bonds or certificates under the Transit Authority Law; (2) for the payment of all operating costs of whatsoever character incidental to the operation of the transportation system; and (3) for the payment of any other costs and charges for the acquisition, installation, replacement, or reconstruction of equipment, structures, or rights-of-way not financed through issuance of revenue bonds or certificates.
Source
Laws 1957, c. 23, § 22, p. 173;
Laws 1972, LB 1275, § 18;
Laws 1998, LB 1191, § 14.
Annotations
The jurisdiction and powers herein given a transit authority is for local control and does not affect the general control vested in the Public Service Commission by the Constitution. Ritums v. Howell, 190 Neb. 503, 209 N.W.2d 160 (1973).
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-1823 - Metropolitan transit authority; transportation system; modernization; depreciation policy.

14-1823.
Metropolitan transit authority; transportation system; modernization; depreciation policy.
It shall be the duty of the board, as promptly as possible, to rehabilitate, reconstruct, and modernize all portions of any transportation system acquired, and to maintain at all times an adequate and modern transportation system suitable and adapted to the needs of the county, city, or village served by the authority, and for safe, comfortable, convenient, and expeditious service. To assure modern, attractive transportation service the board may establish a depreciation policy which makes provision for the continuous and prompt replacement of worn out and obsolete property and the board may make provision for such depreciation of the property of the authority as is not offset by current expenditures for maintenance, repairs, and replacements, under such rules and regulations as may be prescribed by the board.
Source
Laws 1957, c. 23, § 23, p. 174;
Laws 1972, LB 1275, § 19;
Laws 2003, LB 720, § 7.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-1825 - Metropolitan transit authority; labor contracts; collective bargaining.

14-1825.
Metropolitan transit authority; labor contracts; collective bargaining.
The board may deal with and enter into written contracts with the employees of the authority through accredited representatives of such employees or representatives of any labor organization authorized to act for such employees, concerning wages, salaries, hours, and general working conditions. All employees of all classes serving any passenger transportation company at the time of its acquisition by the authority shall continue in their respective positions and at their respective compensations for three months after any such acquisition. Thereafter, the board shall exercise its discretion as to retention of and compensation of employees of all classes;
Provided,
the terms and conditions of any existing collective-bargaining agreement between any passenger transportation company, acquired by the authority, and its employees shall be recognized and accepted by the board.
Source
Laws 1957, c. 23, § 25, p. 175.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-1826 - Act, how cited.

14-1826.
Act, how cited.
Sections 14-1801 to 14-1826 shall be known and may be cited as the Transit Authority Law.
Source
Laws 1957, c. 23, § 28, p. 176;
Laws 1972, LB 1275, § 20;
Laws 1998, LB 1191, § 15.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-2001 - Landmark heritage preservation district; commission; creation; purpose.

14-2001.
Landmark heritage preservation district; commission; creation; purpose.
Any city of the metropolitan class may by ordinance provide for the creation and establishment of landmark heritage preservation districts and a landmark heritage preservation commission for the purpose of preserving buildings, lands, areas, or districts within any such city which are determined by the landmark heritage preservation commission to possess particular historical, architectural, cultural, or educational value.
Source
Laws 1976, LB 711, § 1;
Laws 2022, LB800, § 322.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-2002 - Landmark heritage preservation commission; powers and duties; limitation.

14-2002.
Landmark heritage preservation commission; powers and duties; limitation.
(1) The powers and duties of any landmark heritage preservation commission created pursuant to sections 14-2001 to 14-2004 shall be such as are delegated or assigned by the ordinance establishing the landmark heritage preservation commission. The city council shall specifically state in such ordinance which powers the landmark heritage preservation commission shall be allowed to exercise.
(2) The powers of a landmark heritage preservation commission shall not be repugnant to any other provision of law and shall be exercised only in the manner prescribed by the ordinance. No action of the landmark heritage preservation commission shall contravene any provision of a zoning or planning ordinance unless such action is expressly authorized by the city council.
Source
Laws 1976, LB 711, § 2;
Laws 2022, LB800, § 323.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-2003 - City of the metropolitan class; eminent domain; when; procedure.

14-2003.
City of the metropolitan class; eminent domain; when; procedure.
(1) Each city of the metropolitan class may exercise its power of eminent domain to maintain or preserve buildings, lands, areas, or districts which have been determined by the landmark heritage preservation commission created by such city to be of historical, architectural, cultural, or educational value.
(2) Within a landmark heritage preservation district, a city of the metropolitan class shall not exercise its power of eminent domain to acquire property for the purpose of demolition and reconveyance for private use. This subsection shall not be applicable to any eminent domain action filed by such city prior to September 6, 1991.
(3) Whenever it becomes necessary to take control of property pursuant to and for the purposes stated in this section, the purpose and necessity for such control shall be declared by ordinance. The procedure to condemn property shall be exercised in the manner set forth in sections 76-704 to 76-724.
Source
Laws 1976, LB 711, § 3;
Laws 1991, LB 247, § 1;
Laws 2022, LB800, § 324.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-2004 - Landmark heritage preservation commission; membership; qualifications; appointed by mayor; terms; officers.

14-2004.
Landmark heritage preservation commission; membership; qualifications; appointed by mayor; terms; officers.
(1) A landmark heritage preservation commission created pursuant to sections 14-2001 to 14-2004 shall have nine members. If available, one of the members shall be an architect, one member shall be a curator or director of an art or other museum, one member shall be a professional artist or historian, three members shall be interested and qualified persons chosen, as far as possible, from any existing historical society, preservation group, architectural, landscape architectural, interior design, or planning association, or cultural organization, two members shall be laypersons, and one member shall be an owner or operator of a business or property within a landmark heritage preservation district, which business or property may be owned or operated by a corporation of which such member is an officer, by a partnership in which such member is a partner, or by a limited liability company in which such member is a member.
(2) Members of the landmark heritage preservation commission shall be appointed by the mayor and approved by the city council and shall serve for terms of three years. Members shall serve until their successors are appointed and qualified. Members may be appointed to successive terms.
(3) The landmark heritage preservation commission shall select one of its members as chairperson. The director of the planning department of the city shall act as the executive director of the landmark heritage preservation commission, and staff assistance for the landmark heritage preservation commission shall be provided by the planning department of such city.
Source
Laws 1976, LB 711, § 4;
Laws 1991, LB 247, § 2;
Laws 1993, LB 121, § 129;
Laws 2022, LB800, § 325.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-2101 - Public utilities district; what shall constitute.

14-2101.
Public utilities district; what shall constitute.
Whenever in this state a city of the metropolitan class and one or more adjacent municipalities, sanitary and improvement districts, or unincorporated areas are served in whole or in part by a common public utilities system, owned and controlled by a single corporate public entity as provided for in sections 14-2101 to 14-2157, then the territory within the limits of the city of the metropolitan class and such adjacent municipalities, sanitary and improvement districts, or unincorporated areas, including any sanitary and improvement district or unincorporated area without the city of the metropolitan class or adjacent municipalities that may be now or hereafter served in whole or in part by the common public utilities system, shall form and constitute a public utilities district, except as provided in this section, to be known as the Metropolitan Utilities District of ....................... (inserting the name of the city of the metropolitan class). A municipality, not of the metropolitan class, now actually operating a general waterworks system of its own, shall not be included in the utilities district so long as it continues to operate its own water plant. No sanitary and improvement district or unincorporated area without the adjacent municipalities shall become a part of the utilities district except upon formal approval and proclamation by the board of directors.
Source
Laws 1913, c. 143, § 1, p. 349;
R.S.1913, § 4243;
C.S.1922, § 3745;
C.S.1929, § 14-1001;
R.S.1943, § 14-1001;
R.S.1943, (1991), § 14-1001;
Laws 1992, LB 746, § 1.
Annotations
Sole management and control of all waterworks systems in Omaha have been exercised by district since adoption of this section. Evans v. Metropolitan Utilities Dist., 187 Neb. 261, 188 N.W.2d 851 (1971).
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-2102 - Board of directors; qualifications; election; outside member.

14-2102.
Board of directors; qualifications; election; outside member.
(1) In each metropolitan utilities district service area, there shall be a board of directors consisting of seven members. The members shall be elected as provided in section 32-540.
(2) Registered voters within the boundaries of the district shall be registered voters of such district. A registered voter of the district shall be eligible for the office of director subject to the special qualification of residence for the outside member, except that if the board of directors, by resolution, divides the territory of the district into election subdivisions pursuant to subsection (2) of section 32-540, a registered voter of the district shall be eligible for the office of director from the election subdivision in which he or she resides.
(3) The outside member specified in section 32-540 shall be a registered voter residing within the district but outside the corporate limits of the city of the metropolitan class for which the district was created.
In the event of the annexation of the area within which the outside member resides, he or she may continue to serve as the outside member until the expiration of the term of office for which such member was elected and until a successor is elected and qualified.
Source
Laws 1913, c. 143, § 3, p. 350;
R.S.1913, § 4245;
C.S.1922, § 3747;
C.S.1929, § 14-1003;
R.S.1943, § 14-1003;
Laws 1945, c. 17, § 1, p. 121;
Laws 1953, c. 22, § 1, p. 93;
Laws 1961, c. 32, § 1, p. 152;
Laws 1976, LB 665, § 1;
Laws 1977, LB 201, § 3;
R.S.1943, (1991), § 14-1003;
Laws 1992, LB 746, § 2;
Laws 1994, LB 76, § 477;
Laws 2009, LB562, § 1;
Laws 2014, LB1014, § 1.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-2103 - Board of directors; territory outside city; participation in election; filings; where made.

14-2103.
Board of directors; territory outside city; participation in election; filings; where made.
Whenever a metropolitan utilities district is extended to include sanitary and improvement districts, unincorporated area, towns, villages, or territory lying outside the corporate limits of cities of the metropolitan class or so extended as to include sanitary and improvement districts, unincorporated area, towns, or villages in an adjoining county or counties, then such sanitary and improvement districts, unincorporated area, towns, or villages shall have a right to participate in the nomination and in the election of members of the board of directors of the metropolitan utilities district. The election commissioner or county clerk of each of the counties in which ballots are cast pursuant to this section shall transmit, by mail or otherwise, to the Secretary of State, a copy of the abstract of the votes cast for members of the board of directors. The Secretary of State shall in due course deliver to the candidate receiving the highest number of votes a certificate of election as a member of the board of directors. All filings for such office shall be made with the Secretary of State.
Source
Laws 1921, c. 109, § 1, p. 385;
C.S.1922, § 3748;
C.S.1929, § 14-1004;
R.S.1943, § 14-1004;
Laws 1961, c. 32, § 2, p. 152;
R.S.1943, (1991), § 14-1004;
Laws 1992, LB 746, § 3;
Laws 1994, LB 76, § 478;
Laws 2014, LB1014, § 2;
Laws 2019, LB411, § 19.
Annotations
Election commissioner of Douglas County receives abstract of votes from clerks of adjoining counties as to officers of Metropolitan Utilities District. Barton v. City of Omaha, 180 Neb. 752, 145 N.W.2d 444 (1966).
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-2104 - Board of directors; vacancy; compensation; benefits; expenses.

14-2104.
Board of directors; vacancy; compensation; benefits; expenses.
(1) Any vacancy occurring in the board of directors shall be filled for the unexpired term by the remaining members thereof within thirty days after the vacancy occurs. It is the intent and purpose to render the board of directors nonpartisan in character.
(2) The chairperson of the board of directors of a metropolitan utilities district shall be paid, as compensation for his or her services, not to exceed the sum of one thousand two hundred sixty dollars per month. Each of the other members of the board of directors shall be paid, as compensation for his or her services, not to exceed the sum of one thousand one hundred twenty dollars per month. Any adjustments in compensation shall be made only at regular meetings of the board of directors, and the salaries of the chairperson and other members of such board shall not be increased more often than once in any calendar year.
(3) Members of the board of directors may be considered employees of the district for purposes of participation in medical and dental plans of insurance offered to regular employees. The dollar amount of any health insurance premiums paid from the funds of the district for the benefit of a member of the board of directors may be in addition to the amount of compensation authorized to be paid to such director pursuant to this section.
(4) The chairperson and other members of such board of directors shall also be reimbursed for actual and necessary expenses incurred in the performance of their official duties.
Source
Laws 1913, c. 143, § 4, p. 351;
R.S.1913, § 4246;
Laws 1919, c. 33, § 1, p. 107;
C.S.1922, § 3749;
C.S.1929, § 14-1005;
R.S.1943, § 14-1005;
Laws 1947, c. 20, § 2, p. 108;
Laws 1953, c. 22, § 2, p. 94;
Laws 1967, c. 45, § 1, p. 176;
Laws 1981, LB 311, § 1;
Laws 1985, LB 2, § 1;
Laws 1990, LB 730, § 1;
R.S.1943, (1991), § 14-1005;
Laws 1992, LB 746, § 4;
Laws 2001, LB 101, § 1.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-2105 - Board of directors; meetings.

14-2105.
Board of directors; meetings.
Regular meetings of the board of directors shall be held each calendar month at such hour and on such date as the board may designate and at such other stated times as shall be fixed in the bylaws. Special meetings of the board may be held at any time at the call of the chairperson or at the request of any two members filed in writing with the secretary. All meetings of the board, any of its committees, or committees of its employees shall be public.
Source
Laws 1913, c. 143, § 5, p. 351;
R.S.1913, § 4247;
C.S.1922, § 3750;
C.S.1929, § 14-1006;
R.S.1943, § 14-1006;
R.S.1943, (1991), § 14-1006;
Laws 1992, LB 746, § 5;
Laws 2019, LB411, § 20.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-2106 - Board of directors; officers; bylaws; quorum.

14-2106.
Board of directors; officers; bylaws; quorum.
Upon organization such board of directors shall elect one of its members chairperson and one vice-chairperson, both of whom shall serve for one year, and shall appoint a secretary as provided in section 14-2109. The board shall make such rules governing its procedure and adopt such bylaws governing its business as it may deem proper. A majority of the board shall constitute a quorum for the transaction of business, but a smaller number may adjourn from time to time until a quorum is secured.
Source
Laws 1913, c. 143, § 6, p. 352;
R.S.1913, § 4248;
C.S.1922, § 3751;
C.S.1929, § 14-1007;
R.S.1943, § 14-1007;
R.S.1943, (1991), § 14-1007;
Laws 1992, LB 746, § 6.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-2107 - Board of directors; investigatory powers.

14-2107.
Board of directors; investigatory powers.
The board of directors of the metropolitan utilities district or any committee of the members of the board shall have power to compel the attendance of witnesses for investigation of any matters that may come before the board, and the presiding officer of the board, or the chairperson of the committee for the time being, may administer the requisite oaths, and the board or committee thereof shall have the same authority to compel the giving of testimony as is conferred on courts of justice.
Source
Laws 1913, c. 143, § 7, p. 353;
R.S.1913, § 4249;
C.S.1922, § 3752;
C.S.1929, § 14-1008;
R.S.1943, § 14-1012;
R.S.1943, (1991), § 14-1012;
Laws 1992, LB 746, § 7.
Annotations
The word may in this section makes the administration of oaths a discretionary matter for the board. Flood v. Keller, 214 Neb. 797, 336 N.W.2d 549 (1983).
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-2108 - Directors and employees; interest in contracts prohibited.

14-2108.
Directors and employees; interest in contracts prohibited.
It shall be unlawful for any member of the board of directors or any employee thereof to have any pecuniary interest, either directly or indirectly, in any contract in connection with the construction or maintenance of water or natural gas utilities of such metropolitan utilities district or be in any way connected with the furnishing of supplies required by the district.
Source
Laws 1913, c. 143, § 11, p. 355;
R.S.1913, § 4253;
C.S.1922, § 3756;
C.S.1929, § 14-1012;
R.S.1943, § 14-1018;
R.S.1943, (1991), § 14-1018;
Laws 1992, LB 746, § 8.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-2109 - Utilities district; personnel; duties; salary.

14-2109.
Utilities district; personnel; duties; salary.
The board of directors of a metropolitan utilities district shall at its first regular meeting appoint an individual with an official title designated by the board who shall (1) act as secretary of such board, (2) have general supervision of the management, construction, operation, and maintenance of the utility plants and property under the jurisdiction of or owned by such metropolitan utilities district, subject to the direction of the board, (3) hold office at the pleasure of the board, (4) possess business training, executive experience, and knowledge of the development and operation of public utilities, (5) receive such compensation as the board may determine, and (6) devote his or her exclusive time to the duties of the office. The board of directors may employ or authorize the employment of such other employees and assistants as may be deemed necessary for the operation and maintenance of the utility plants under its jurisdiction and of the conduct of the affairs of the board and provide for their compensation. The compensation of the appointed individual and such employees shall be paid from funds under control of the board. In no event shall the compensation, as a salary or otherwise, of any employee or officer exceed ten thousand dollars per annum unless approved by a vote of two-thirds or more of the members of the board of directors. The record of such vote of approval, together with the names of the directors so voting, shall be made a part of the permanent records of the board.
Source
Laws 1913, c. 143, § 13, p. 356;
R.S.1913, § 4255;
Laws 1919, c. 33, § 2, p. 108;
C.S.1922, § 3758;
Laws 1923, c. 134, § 1, p. 329;
C.S.1929, § 14-1014;
R.S.1943, § 14-1020;
Laws 1947, c. 20, § 3, p. 108;
R.S.1943, (1983), § 14-1020;
R.S.1943, (1991), § 14-1101.01;
Laws 1992, LB 746, § 9;
Laws 2001, LB 177, § 2;
Laws 2007, LB207, § 1;
Laws 2013, LB208, § 1.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-2110 - Utilities district; employees; removal.

14-2110.
Utilities district; employees; removal.
No regular appointee or employee of the metropolitan utilities district, except the individual appointed in section 14-2109, who has been in its service consecutively for more than one year shall be subject to removal except upon a two-thirds vote of the full board and then only for cause which shall be stated in writing and filed with the secretary of the board at least ten days prior to a hearing preceding such removal.
Source
Laws 1913, c. 143, § 14, p. 356;
R.S.1913, § 4256;
Laws 1919, c. 33, § 3, p. 108;
C.S.1922, § 3759;
C.S.1929, § 14-1015;
Laws 1941, c. 20, § 1, p. 110;
C.S.Supp.,1941, § 14-1015;
Laws 1943, c. 38, § 1(1), p. 180;
R.S.1943, § 14-1021;
R.S.1943, (1991), § 14-1021;
Laws 1992, LB 746, § 10;
Laws 2007, LB207, § 2;
Laws 2013, LB208, § 2.
2023 Nebraska Revised Statutes › Chapter 14 - Cities of the Metropolitan Class › 14-2112 - Utilities district; general powers.

14-2112.
Utilities district; general powers.
A metropolitan utilities district shall be a body corporate and possess all the usual powers of a corporation for public purposes and in its name may sue and be sued and purchase, hold, and sell personal property and real estate. It shall have the sole management and control of its assets, including all utility rents, revenue, and income authorized by law, all utility property, real and personal, now or hereafter owned by the metropolitan utilities district or which may become a part of the common utilities system. It may exercise any and all the powers that are now or may be granted to cities and villages by the general statutes of this state for the construction or extension of utilities.
Source
Laws 1913, c. 143, § 2, p. 350;
R.S.1913, § 4244;
Laws 1917, c. 90, § 1, p. 242;
C.S.1922, § 3746;
C.S.1929, § 14-1002;
R.S.1943, § 14-1002;
R.S.1943, (1991), § 14-1002;
Laws 1992, LB 746, § 12.
Annotations
The Legislature had right to transfer powers hereunder to the metropolitan utilities district. Lynch v. Metropolitan Utilities Dist., 192 Neb. 17, 218 N.W.2d 546 (1974).
A metropolitan water district is a body corporate. Erickson v. Metropolitan Utilities Dist., 171 Neb. 654, 107 N.W.2d 324 (1961).
Operation and maintenance of water and gas plants is not exercise of governmental functions but a private enterprise. Metropolitan Utilities District v. City of Omaha, 112 Neb. 93, 198 N.W. 858 (1924).