Neb. Rev. Stat. §§ 72-1403

Current with changes through the 2024 First Special Legislative Session

Section 72-1403 - Municipality; powers; bonds; liability; agreements; limitations; sections, how construed

Any municipality is hereby authorized and empowered:

(1) To supply or make available to the state buildings or portions thereof or other facilities or parts thereof in such municipality or the zoning area authorized by law for the municipality for use either in whole or in part by the state, which buildings or facilities may be either existing buildings or existing facilities or buildings and facilities to be constructed or acquired by such municipality;

(2) To acquire, construct, reconstruct, improve, extend, equip, or furnish in such municipality or the zoning area authorized by law for the municipality any building or facility for the purposes of making the same available in whole or in part to the state;

(3) To operate and maintain any building or facility made available in whole or in part to the state;

(4) To appropriate funds for any cost incurred by the municipality in acquiring, constructing, reconstructing, improving, extending, equipping, or furnishing any such building or facility or incurred in the operation and maintenance thereof;

(5) In order to finance any costs of acquisition, construction, reconstruction, improvement, extension, equipping, or furnishing any such building or facility, to issue its general obligation bonds in the manner and pursuant to the procedures as are otherwise provided by law, or in anticipation of the receipt by such municipality of any payments to be made by the state to such municipality for the supplying by the municipality to the state of such building or facility, or portions thereof, or in anticipation of the receipt of any other revenue with respect to the building or facility, including donations, to issue its revenue bonds in the manner and pursuant to the procedures as are otherwise provided by law and to secure such revenue bonds by a pledge of any or all of the revenue or other money to be derived by the municipality from its ownership or operation of such building or facility, including any payments to be made to such municipality by the state for the use by the state of such building or facility, or donations made for or with respect to such building or facility, which building or facility shall constitute and be deemed to be a revenue-producing facility of such municipality and which revenue bonds shall not impose any general liability upon the municipality. Any city having a home rule charter may, in the discretion of the governing body of such city, issue such general obligation bonds or revenue bonds either in the manner and pursuant to such procedures as are provided by state statutes or in the manner and pursuant to such procedures as are provided by such home rule charter; and

(6) To enter into an agreement with the state provided by the provisions of section 72-1405, which agreement shall be approved by the governing body of such municipality by ordinance, resolution, or otherwise before such agreement shall enter into force.

The issuance of bonds by a municipality as provided in this section shall not create or impose any liability on the state, whether such bonds be general obligation bonds or revenue bonds of such municipality, and the state shall not be indebted thereon. Any such bond issued by a municipality shall recite therein in substance that such bond is solely the obligation of the municipality issuing the same and is not an obligation of the State of Nebraska nor a debt of the State of Nebraska within the meaning of any constitutional or statutory limitation upon the creation of indebtedness of the State of Nebraska and that the State of Nebraska is not, and in no event shall be, liable for the payment thereof or interest thereon.

In the event that the municipality is a party to an agreement entered into under the provisions of section 13-804 or 13-2504, such municipality may enter into an agreement with the state pursuant to the provisions of sections 72-1401 to 72-1408 whereby the municipality may supply or make available to the state all or a portion of that part or that use of the building or facility to which the municipality is entitled under the agreement entered into under the provisions of section 13-804 or 13-2504, but the municipality may enter into such an agreement with the state only if the terms and provisions thereof and the carrying out of such provisions does not violate the agreement of the municipality entered into under the provisions of section 13-804 or 13-2504.

Neither sections 72-1401 to 72-1408 nor anything contained therein shall be construed as a reduction or limitation upon any powers which a municipality might otherwise have under law or charter, but shall be construed as cumulative, and the powers granted to a municipality herein shall be in addition to any other powers which it might now have.

Neb. Rev. Stat. §§ 72-1403

Laws 1967, c. 464, § 3, p. 1435; Laws 1976, LB 1006, § 5; Laws 1999, LB 87, § 83.