13-2801. Municipal county; creation; procedure.
(1) One or more counties and at least one of the municipalities in each county may create a municipal county to carry out all county services and all municipal services. The process of creating a municipal county shall begin by passage of a joint resolution by the governing bodies of the counties and municipalities involved. The joint resolution may be initiated by the governing bodies or by petition as provided in subsection (2) of this section.
(2) Whenever registered voters of any county and of at least one municipality in the county, equal in number to ten percent of the total vote cast for Governor in the county or municipality at the preceding election, petition the respective county board and city council or village board of trustees to pass a resolution as contemplated by this section, it shall be the duty of the county board and city council or village board to pass a joint resolution creating an interjurisdictional planning commission. Petitions shall be filed with the county clerk, election commissioner, city clerk, or other officer having charge of the records of the governing body. The official shall ascertain the number of registered voters signing such petitions and transmit his or her findings, along with the petition, to the county board and city council or village board of trustees.
(3) Within ninety days after the passage of the joint resolution or within ninety days after receipt of a petition by the registered voters, the governing bodies of the counties and municipalities involved shall create an interjurisdictional planning commission. A commission may also be created by the district court having jurisdiction over the counties and municipalities involved upon the failure by the counties and municipalities to pass a joint resolution after submission of a petition by the registered voters. The commission shall have no less than nine members and no more than twenty-one members representing the counties and municipalities involved as determined by the governing bodies of the counties and municipalities involved in order to achieve proportionate representation. The governing bodies shall select the members. Representation on the commission shall be prorated based upon population of the counties and municipalities involved, except that (a) each county and each municipality involved shall have at least one representative selected by its respective governing body and (b) not more than forty percent of the total membership shall be public officials. Meetings of the commission shall be subject to the Open Meetings Act.
(4)(a) The commission shall hold at least one public hearing prior to preparing the plan for the creation of the municipal county, study all governmental subdivisions in the affected area, and then make a determination of whether creation of a municipal county is in the public interest. If it is not in the public interest to do so, the commission shall issue a report stating its findings, including, but not limited to, any recommendations regarding (i) interlocal agreements, (ii) agreements to provide for the joint delivery of services, or (iii) any other such recommendations. If it is in the public interest to do so, the commission shall prepare one plan for the creation of the municipal county. Such plan shall be approved by the governing body of each county and each municipality involved prior to submission of the issue to a vote of the registered voters unless the commission was created by a petition of the registered voters.
(b) The plan shall specify (i) which counties and municipalities will be dissolved upon creation of the municipal county, (ii) the form of government, with an elected executive officer, a professional municipal county manager or administrator appointed by the commission, or both, to operate the executive functions of the municipal county, (iii) the number of council members of the municipal county and whether they will be elected by district or at large, and (iv) which elected officials, if any, will be eliminated.
(c) At least ninety days prior to submission of the issue to a vote of the registered voters, the commission and the governing body of each county and each municipality involved shall hold at least one public hearing in its respective jurisdiction and make available for review by residents of the county and municipality all material terms and conditions set forth in the resolution to create the municipal county, including information regarding the tax implications and quality and cost of services to be provided by the proposed plan to create the municipal county.
(5) Upon approval of the plan by the governing body of each county and each municipality involved, if required, or upon the governing bodies' approval or failure to approve if the commission was created by a petition of the registered voters, the county clerks or election commissioners shall place the issue on the ballot at the next primary, general, or special election.
Source
Cross References
Structure Nebraska Revised Statutes
Chapter 13 - Cities, Counties, and Other Political Subdivisions
13-101 - Transferred to section 43-1401.
13-102 - Transferred to section 43-1402.
13-103 - Transferred to section 43-1403.
13-104 - Transferred to section 43-1404.
13-105 - Transferred to section 43-1405.
13-106 - Transferred to section 43-1406.
13-107 - Transferred to section 43-1407.
13-108 - Transferred to section 43-1408.
13-109 - Transferred to section 43-1409.
13-110 - Transferred to section 43-1410.
13-111 - Transferred to section 43-1411.
13-112 - Transferred to section 43-1412.
13-115 - Transferred to section 43-1413.
13-202 - Legislative findings.
13-204 - Community betterment organization; program; tax credit status.
13-205 - Program proposal; local government subdivision; department; review.
13-206 - Director; adopt rules and regulations; tax credits.
13-207 - Business firm or individual; receive tax credit; maximum amount; when.
13-303 - Counties, cities, and villages; contract; agreement; hearing; notice; cost; levy; fee.
13-304 - Recreational facilities; authorization; tax levy.
13-305 - Cities, villages, school districts, and counties; joint facilities; powers.
13-306 - Joint facilities; employees; park board; appointment; bonds; election; issuance.
13-307 - Joint facilities; bonds; authority of county board; eminent domain; powers.
13-308 - Municipal corporations; powers.
13-309 - Municipal corporation, defined.
13-311 - Formation of district; mailing of notice; requirements.
13-312 - Special assessment; mailing of notice; requirements.
13-313 - Failure to mail copy of published notice; assessment invalidated.
13-314 - Nonresident property owner, defined.
13-315 - Appropriation or expenditure; purposes; method; limitation.
13-316 - Expenditure; inclusion in budget.
13-317 - Juvenile emergency shelter care; contracts authorized.
13-319 - County; sales and use tax authorized; limitation; election.
13-320 - Public safety services, defined.
13-322 - Submission of question to voters; ballot language; procedure.
13-323 - Submission of question to voters; notice.
13-325 - County sales and use tax; distribution.
13-326 - County sales and use tax; laws governing; source of sales.
13-327 - County; cede jurisdiction; when; procedure.
13-328 - County; cede jurisdiction; limitation.
13-329 - County, city, village, or public utility; donation of motor vehicle; conditions.
13-401 - Members and employees; personal liability insurance; authorized.
13-403 - Real property; purchase, lease-purchase, or acquisition; appraisal required.
13-404 - Civil offices; vacancy; how filled.
13-405 - Definition or legal status of animal; political subdivision; limitation on power.
13-502 - Purpose of act; applicability.
13-504 - Proposed budget statement; contents; corrections; cash reserve; limitation.
13-505 - Proposed budget statement; estimated expenditures; unencumbered balances; estimated income.
13-507 - Levy increase; indicate on budget statement.
13-508 - Adopted budget statement; certified taxable valuation; levy.
13-509.01 - Cash balance; expenditure authorized; limitation.
13-509.02 - Cash balance; expenditure limitation; exceeded; when; section, how construed.
13-510 - Emergency; transfer of funds; violation; penalty.
13-512 - Budget statement; taxpayer; contest; basis; procedure.
13-513 - Auditor; request information; late fee; failure to provide information; auditor powers.
13-517 - School districts and educational service units; Nebraska Budget Act applicable.
13-520 - Limitations; not applicable to certain restricted funds.
13-521 - Governmental unit; unused restricted funds; authority to carry forward.
13-522 - Noncompliance with budget limitations; Auditor of Public Accounts; State Treasurer; duties.
13-601 - Local governments; receive funds from United States Government; expenditures authorized.
13-602 - Revenue sharing; interpretation.
13-603 - Revenue sharing; supplemental to existing laws; joint operations authorized.
13-604 - Municipalities and counties; federal and other funds; expenditures authorized.
13-606 - Financial statements; filing requirements.
13-609 - Electronic payments; acceptance; conditions.
13-610 - Purchasing card program; authorized; requirements; governing body; duties.
13-703 - Temporary location of seat of government; location.
13-704 - Temporary location of seat of government; validity of acts done.
13-706 - Sections, how construed.
13-804 - Public agencies; powers; agreements.
13-805 - Public agencies; submission of agreements for approval; when.
13-806 - Public agencies; appropriation of funds; supply personnel.
13-807 - Public agencies; contracts authorized; contents.
13-808 - Joint entity; issuance of bonds; powers; purposes.
13-809 - Joint entity; issuance of bonds; amounts; use.
13-810 - Issuance of bonds; immunity; limitations.
13-811 - Issuance of bonds; authorization; terms; signature.
13-812 - Bonds and coupons; negotiability; sale; price.
13-813 - Bonds and coupons; validity of signatures.
13-814 - Issuance of bonds; joint entity; powers.
13-815 - Joint entity; refunding bonds; authorized.
13-816 - Refunding bonds; exchange.
13-817 - Refunding bonds; proceeds; use.
13-818 - Refunding bonds; terms.
13-819 - Bond issuance; other consent not required.
13-820 - Joint entity; publication of resolution or other proceeding.
13-821 - Joint entity; notice of intention to issue bonds; contents.
13-822 - Resolution, proceeding, or bonds; right to contest.
13-823 - Bonds; designated as securities; investment authorized.
13-824 - Joint entity; bonds and property; exempt from taxation; when.
13-824.02 - Advertisement for sealed bids; requirements.
13-824.03 - Governing body; award of contract; considerations.
13-827 - Act, liberal construction.
13-902 - Legislative declarations.
13-904 - Governing body; powers.
13-905 - Tort claims; filing; requirements.
13-906 - Civil suit; when permitted.
13-907 - Jurisdiction; venue; procedure; appeal.
13-908 - Political subdivision; liability; no writ of execution; offer of settlement; effect.
13-909 - Final judgment; effect.
13-910 - Act and sections; exemptions.
13-911 - Vehicular pursuit by law enforcement officer; liability to third parties; reimbursement.
13-912 - Defective bridge or highway; damages; liability; limitation.
13-913 - Defective bridge or highway; legislative intent.
13-914 - Defective bridge or highway; compliance with standards; effect.
13-915 - Suit for alleged defect in construction or maintenance; defense.
13-916 - Liability insurance; effect.
13-917 - Award; acceptance; effect.
13-918 - Awards; judgments; payment.
13-919 - Claims; limitation of action.
13-920 - Suit against employee; act occurring after May 13, 1987; limitation of action.
13-922 - Suit against employee; recovery; limitation.
13-925 - Employee; action against; when.
13-926 - Recovery under act; limitation; additional sources for recovery.
13-927 - Skatepark and bicycle motocross park; sign required; warning notice.
13-928 - Political subdivision; state highway use for special event; applicability of act.
13-1001 - Plans authorized; when; contents.
13-1002 - Cooperation with other states.
13-1003 - Improvement districts.
13-1004 - Management of districts.
13-1005 - Acquisition of property.
13-1006 - Reversion of property.
13-1102 - Governing body; powers.
13-1103 - Bonds; restrictions; issuance; sale.
13-1104 - Bonds; security; agreements; default; payment; foreclosure.
13-1105 - Leasing or financing of project; governing body; powers and duties; hearing.
13-1106 - Refunding bonds; issuance; amount; rights of holders.
13-1107 - Bonds; proceeds from sale; disposition.
13-1108 - Projects; taxation; distress warrant; limitation.
13-1109 - Powers; cumulative; presumption regarding bonds and agreements.
13-1110 - Department of Economic Development; furnish advice and information.
13-1111 - Terms, defined; application for designation; exceptions.
13-1112 - Municipal bodies; notification of filing; approval; failure to reply; effect.
13-1114 - Designation; procedure.
13-1115 - Designation; use; inclusion within municipality; when.
13-1116 - Jurisdiction of county board.
13-1117 - Utility services; fire and police protection.
13-1118 - Change of boundaries; inclusion of tracts.
13-1119 - Change of boundaries; exclusion of tracts.
13-1120 - Termination of designation.
13-1202 - Legislative findings.
13-1204 - Department; coordinating and technical assistance agency; contracts authorized.
13-1205 - Department; powers, duties, and responsibilities; enumerated.
13-1206 - Department; receive gifts, grants, loans, contributions, and other funds; conditions.
13-1209 - Assistance program; established; state financial assistance; limitation.
13-1210 - Assistance program; department; certify funding; report.
13-1211 - City bus system receiving state funds; reduced fares for elderly or handicapped persons.
13-1211.01 - City bus system receiving state funds; reduced fares for low-income persons.
13-1214 - Intercity bus system assistance program; department; certify funding.
13-1301 - Declaration of purpose.
13-1303 - Commission; created; membership; expenses; quorum; corporate existence.
13-1304 - Commission; powers and duties.
13-1305 - Funds; county treasurer; disposition.
13-1306 - Bonds; notes; issuance; refunding; interest; payment.
13-1307 - Bonds; notes; legal investment.
13-1308 - Bonds; notes; exempt from taxation.
13-1309 - Commission; property; exempt from taxation.
13-1310 - Commission; obligations; state, county, or city; not liable.
13-1311 - City; county; powers.
13-1312 - Sections, how construed.
13-1401 - Authorization to establish; members; powers.
13-1403 - Members; terms; organization; records; removal; vacancies, how filled.
13-1404 - Harbor, waterfront, dock, and terminal facilities; construction; improvement; plan.
13-1405 - Property; purchase; condemnation; procedure.
13-1406 - Property; control; powers.
13-1407 - Streets; alleys; public grounds; jurisdiction.
13-1408 - Harbor; waterfront; jurisdiction.
13-1410 - Harbors, ports, and facilities; improvement; promotion of commerce.
13-1411 - Tolls, fees, and other charges; conditions; procedure for adoption.
13-1412 - Rules and regulations; violation; penalty.
13-1413 - Officers and employees; employment.
13-1414 - Docks; terminal facilities; construction; plans; bids; contracts.
13-1415 - Annual report; expenses; appropriation.
13-1416 - Revenue bonds; issuance; payment; dock fund.
13-1417 - Funds; deposit; disbursement; books and records.
13-1503 - Public agencies; powers; agreements.
13-1504 - Agreement; contents.
13-1506 - Agreement; revocation.
13-1507 - Public agency; appropriate funds; provide personnel.
13-1508 - Agreements; prohibited provisions.
13-1509 - Existing agreements; validity.
13-1603 - Definitions, where found.
13-1605 - Covered dependent, defined.
13-1606 - Covered employee, defined.
13-1607 - Employee benefit plan, defined.
13-1608 - Excess insurance, defined.
13-1609 - Independent actuary, defined.
13-1611 - Plan sponsor, defined.
13-1612 - Political subdivision, defined.
13-1613 - Self-funding or self-funded, defined.
13-1614 - Political subdivision; employee benefit plans; requirements.
13-1615 - Plan sponsor; use of self-funding; exemption from other laws.
13-1618 - Plan sponsor; summary; contents.
13-1619 - Plan sponsor; accruals, reserves, and disbursements; requirements.
13-1620 - Governing body; annual report.
13-1621 - Plan sponsor; contributions; when.
13-1622 - Plan sponsor; obtain excess insurance; when.
13-1623 - Self-funded portion of employee benefit plan; claim procedure; requirements.
13-1625 - Civil action to require compliance; attorney's fees; when.
13-1626 - Compliance with act; when required.
13-1702 - Request for siting approval.
13-1704 - Notice to property owners; publication; failure to notify; effect.
13-1705 - Request for siting approval; filing requirements; comments.
13-1706 - Public hearing; procedure.
13-1707 - Final action; when required; amended application.
13-1708 - Construction commencement date.
13-1709 - Procedures; exclusive.
13-1711 - Reapplication; restriction.
13-1712 - Disapproval; hearing before district court.
13-1713 - Approval; contest; hearing before district court.
13-1714 - Approval; contest; filing fee.
13-1801 - Officers and employees; action against; defense; payment of judgment; liability insurance.
13-1802 - Law enforcement activity; insurance required.
13-1901 - Nebraska planning and development regions; created.
13-1902 - Development districts; formation; local government, defined.
13-1903 - Development district; policy board.
13-1904 - Development district; duties.
13-1905 - Development districts; certification for funding.
13-1906 - Distribution of financial assistance.
13-1907 - Rules and regulations; annual reports; evaluation; Governor; powers.
13-2002 - Legislative findings and declarations.
13-2003 - Definitions, where found.
13-2004.01 - Container, defined.
13-2007 - County solid waste jurisdiction area, defined.
13-2008 - Department, defined.
13-2011 - Integrated solid waste management, defined.
13-2012 - Municipal solid waste jurisdiction area, defined.
13-2013 - Municipality, defined.
13-2013.01 - Passenger tire equivalent of waste tires, defined.
13-2013.02 - Scrap tire or waste tire, defined.
13-2014 - Solid waste, defined.
13-2015 - Solid waste management plan, defined.
13-2016.01 - Yard waste, defined.
13-2017 - Policy of the state.
13-2018 - Solid waste management hierarchy; established; cooperative program; established.
13-2020.01 - Imposition of lien for nonpayment of rates and charges; vote required.
13-2025 - County, municipality, or agency; service agreement; fees and charges; amount.
13-2025.01 - Joint entity or joint public agency; reporting of budget; filing required.
13-2026 - Municipalities, counties, and agencies; regulate solid waste management; when.
13-2028 - Exemption; limitation.
13-2029 - Counties and municipalities; statement of intent; filings; failure to file; effect.
13-2031 - Integrated solid waste management plan; filing; approval.
13-2034 - Rules and regulations.
13-2038 - Definition of certain solid wastes; council; adopt rules and regulations.
13-2039 - Land disposal of certain solid wastes; prohibited; when; exceptions.
13-2043 - Construction of act.
13-2101 - Legislative findings.
13-2103 - Designation; application; requirements; limitation; term.
13-2104 - Application; contents.
13-2105 - State government interagency response team.
13-2107 - Public hearing; notice.
13-2109 - Enterprise zone association; board; membership; vacancies; powers and duties; dissolution.
13-2110 - Enterprise zone association; powers and duties.
13-2112 - Rules and regulations.
13-2203 - Additional expenditures; governing body; powers; procedures.
13-2204 - Expenditures; limitations; exception.
13-2504 - Agreements authorized; conditions; transfer of property and employees.
13-2505 - Joint exercise of powers.
13-2506 - Legislative power; limitation.
13-2507 - Power to tax; election; when required.
13-2508 - Joint public agencies; creation authorized.
13-2509 - Creation; procedure; appointment of representatives.
13-2510 - Creation; statement; contents.
13-2511 - Creation; Secretary of State; duties; certificate of creation; issuance.
13-2512 - Certificate of creation; proof of establishment.
13-2513 - Participation by other public agencies; procedure.
13-2514 - Representatives; terms; vacancy; expenses.
13-2515 - Representatives; number; voting; quorum; meetings.
13-2516 - Board; officers; employees.
13-2517 - Committees; meetings.
13-2518 - Dissolution; withdrawal.
13-2519 - Status as political subdivision.
13-2520 - Applicability of Political Subdivisions Tort Claims Act.
13-2522 - Liability insurance coverage.
13-2524 - Bankruptcy petition; authorized.
13-2525 - Biennial report; fee.
13-2527 - Expenditures; bond requirements.
13-2528 - Agreement; approval by state officer or agency; when required.
13-2529 - Public agencies; powers.
13-2530 - Revenue bonds authorized.
13-2531 - General obligation bonds.
13-2533 - Bond issuance; procedure.
13-2534 - Bonds; negotiation; sale.
13-2536 - Bond issuance; covenants.
13-2537 - Refunding bonds authorized.
13-2538 - Refunding bonds; proceeds.
13-2539 - Refunding bonds; exchange for other bonds.
13-2540 - Other bond provisions applicable.
13-2541 - Bond issuance; consent not required.
13-2543 - Issuance of bonds; notice.
13-2544 - Issuance of bonds; right to contest; procedure.
13-2545 - Bonds; investment authorized.
13-2546 - Bonds, property, and income; exempt from taxes; when.
13-2549 - Joint public agency; status.
13-2550 - Liberal construction.
13-2602 - Legislative findings.
13-2605 - State assistance; application; contents.
13-2606 - Board; powers and duties; hearing.
13-2607 - Board; assistance approved; when; quorum.
13-2609 - Tax Commissioner; duties; certain retailers and operators; reports required.
13-2611 - Bonds; issuance; election.
13-2612 - Act; applications; limitation.
13-2613 - Rules and regulations.
13-2704 - Civic and Community Center Financing Fund; created; use; investment.
13-2704.01 - Grants of assistance; purposes; applications; evaluation.
13-2704.02 - Grants of assistance; engineering and technical studies.
13-2706 - Eligibility for grant; grant application.
13-2707 - Department; evaluation criteria; match required; location.
13-2707.01 - Grant; engineering and technical studies; evaluation criteria.
13-2710 - Rules and regulations.
13-2801 - Municipal county; creation; procedure.
13-2802 - Metropolitan utilities district; how treated.
13-2803 - Council; members; quorum; election; executive officer.
13-2804 - Municipal county; powers and duties; provisions governing transition.
13-2805 - Ordinances; adoption; procedure.
13-2806 - Ordinances; requirements.
13-2807 - Ordinance; form; publication; emergency.
13-2808 - Levy authorized; allocations.
13-2809 - Municipalities and fire protection districts within municipal county; treatment.
13-2810 - Election; requirements.
13-2811 - Approval of formation of municipal county; effect.
13-2812 - Dissolution; procedure.
13-2813 - Sales and use tax authorized.
13-2814 - Sales and use tax; administration.
13-2815 - Sales and use tax proceeds; use.
13-2816 - Nebraska Revenue Act of 1967; applicability.
13-2817 - Municipality; payments to municipal county; when; amount; how determined.
13-2819 - Sanitary and improvement district; consolidated with municipal county; procedure.
13-2904 - Contracts authorized; governing body; resolution required.
13-2905 - Political subdivision; policies; requirements.
13-2906 - Letters of interest; requirements.
13-2907 - Design-build contract; request for proposals; requirements.
13-2908 - Design-build contract; evaluation of proposals; requirements; negotiations.
13-2909 - Construction management at risk contract; request for proposals; requirements.
13-2911 - Contract proposals; evaluation; selection committee; duties.
13-2912 - Contracts; refinements; changes authorized.
13-2913 - Act; bonding or insurance requirements.
13-3001 - Peace officer; production or disclosure of personal financial records; restrictions.
13-3002 - Peace officer; release of photograph; restrictions.
13-3003 - Peace officer; disciplinary action; inclusion in personnel record; restrictions.
13-3004 - Peace officer; exercise of rights; no retaliation.
13-3103 - State assistance; limitation.
13-3104 - Application; contents; board; duties.
13-3105 - Public hearing; notice.
13-3106 - Application; approval; board; findings; temporary approval; when; board; quorum.
13-3107 - Tax Commissioner; duties; Department of Revenue; rules and regulations.
13-3109 - Bonds and refunding bonds; issuance; procedure; security; treatment.
13-3202 - Legislative findings.
13-3208 - Loss reserve fund; created; funding; use.
13-3209 - Debt service reserve fund.
13-3210 - Use of Interlocal Cooperation Act; public hearing; contract authorized.
13-3211 - Report; required, when; contents.
13-3302 - Legislative findings and declarations.
13-3304 - Inland port authority; creation; limitation; criteria; certification; procedure.
13-3305 - Designation of area; criteria; procedure.
13-3306 - Inland port authority; powers.
13-3308 - Bonds; issuance; pledge of revenue; liability.
13-3309 - Inland port authority; bonds; exempt from taxes and assessments; exception.
13-3310 - Board; members; appointment; term; vacancy, how filled.
13-3311 - Commissioner; employee; eligibility to serve; acts prohibited.
13-3312 - Board; subject to Open Meetings Act and public records provisions.