19-4034. Business improvement district; special assessment or business occupation tax; exceptions; maintenance, repair, or reconstruction; levy; procedure.
A city may levy a general business occupation tax, or a special assessment against the real estate located in a business improvement district to the extent of special benefit to such real estate, for the purpose of paying all or any part of the cost of maintenance, repair, and reconstruction, including utility costs of any improvement or facility in the business improvement district. Districts created for taxation or assessment of maintenance, repair, and reconstruction costs, including utility costs of improvements or facilities which are authorized by the Business Improvement District Act, but which were not acquired or constructed pursuant to the act, may be taxed or assessed as provided in the act. Any occupation tax levied under this section shall be limited to those improvements and facilities authorized by section 19-4030. After March 27, 2014, any occupation tax imposed pursuant to this section shall make a reasonable classification of businesses, users of space, or kinds of transactions for purposes of imposing such tax, except that no occupation tax shall be imposed on any transaction which is subject to tax under section 53-160, 66-489, 66-489.02, 66-4,140, 66-4,145, 66-4,146, 77-2602, or 77-4008 or which is exempt from tax under section 77-2704.24. The city council may levy such taxes or assessments under either of the following methods:
(1) The city council, sitting as a board of equalization, may, not more frequently than annually, determine the costs of maintenance or repair, and reconstruction, of a facility. Such costs shall be either assessed to the real estate located in the business improvement district in accordance with the proposed method of assessment, or taxed against the businesses and users of space in the business improvement district, whichever may be applicable as determined by the ordinance creating the business improvement district. However, if the city council finds that the method of assessment proposed in the ordinance creating the business improvement district does not provide a fair and equitable method of apportioning such costs, then it may assess the costs under such method as the city council finds to be fair and equitable. At the hearing on such taxes or assessments, objections may be made to the total cost and the proposed allocation of such costs among the parcels of real estate or businesses in the business improvement district; or
(2) After notice is given to the owners or businesses as provided in section 19-4030 the city council may establish and may change from time to time, the percentage of such costs for maintenance, repair, and reconstruction which each parcel of real estate or each business or user of space in any business improvement district shall pay. The city council shall annually determine the total amount of such costs for each period since costs were last taxed or assessed, and shall, after a hearing, tax or assess such costs to the real estate in the business improvement district in accordance with the percentages previously established at such hearing. Notice of such hearing shall be given as provided in section 19-4030 and shall state the total costs and percentage to be taxed or assessed to each parcel of real estate. Unless objections are filed with the city clerk at least five days before the hearing, all objections to the amount of total costs and the assessment percentages should be deemed to have been waived and the assessments shall be levied as stated in such notice except that the city council may reduce any assessment percentage.
Source
Structure Nebraska Revised Statutes
Chapter 19 - Cities and Villages; Laws Applicable to More Than One and Less Than All Classes
19-201 - Toll bridges; licensing; regulation.
19-301 - Transferred to section 18-1901.
19-302 - Transferred to section 18-1902.
19-303 - Transferred to section 18-1903.
19-304 - Transferred to section 18-1904.
19-305 - Transferred to section 18-1905.
19-306 - Transferred to section 18-1906.
19-307 - Transferred to section 18-1907.
19-308 - Transferred to section 18-1908.
19-309 - Transferred to section 18-1909.
19-310 - Transferred to section 18-1910.
19-311 - Transferred to section 18-1911.
19-312 - Transferred to section 18-1912.
19-313 - Transferred to section 18-1913.
19-314 - Transferred to section 18-1914.
19-401 - Act, how cited; commission plan; population requirement.
19-402 - Commission plan; petition for adoption; election; ballot form.
19-403 - Commission plan; proposal for adoption; frequency.
19-404 - Adoption of commission plan; effect.
19-405 - City council members; nomination; candidate filing form; primary election; waiver.
19-406 - Mayor and city council members; election.
19-409 - City council members; candidates; terms.
19-411 - City council members; bonds; vacancies, how filled.
19-412 - Officers; employees; compensation.
19-413 - City council; powers.
19-414 - City council; departments; assignment of duties.
19-415 - Mayor; city council members; powers and duties; heads of departments.
19-416 - Officers; employees; appointment; compensation; removal.
19-417 - Offices and boards; creation; discontinuance.
19-418 - City council; meetings; quorum.
19-419 - Mayor; city council members; office; duties.
19-421 - Petitions; requirements; verification; costs.
19-422 - Cities adopting the commission plan; laws applicable.
19-423 - Appropriations and expenses; alteration; power of first city council.
19-432 - Commission plan; discontinuance; petition; election.
19-433 - Commission plan; discontinuance; petition; election; procedure.
19-501 - Charter convention; charter; amendments; election.
19-502 - Charter convention; work, when deemed complete; charter, when published.
19-503 - Charter amendments; petition; adoption.
19-602 - City, defined; population; how determined.
19-603 - Charter and general laws; force and effect.
19-604 - Ordinances; resolutions; orders; regulations; force and effect.
19-605 - City manager plan; petition for adoption; election.
19-606 - City manager plan; adoption or abandonment; election.
19-607 - Election; ballot; form.
19-608 - Election; adoption of plan; when effective; rejection; resubmission.
19-609 - City manager plan; abandonment; petition; election.
19-610 - Local charters; right to adopt.
19-611 - City council; powers.
19-612 - City council members; number; nomination and election; terms.
19-613 - City council members; qualifications; forfeiture of office; grounds.
19-613.01 - City council members; elected from a ward; election; ballots.
19-615 - City council; meetings; quorum.
19-616 - Appointive or elected official; compensation; no change during term of office.
19-617 - City council; organization, when; president; powers.
19-618 - City council; city manager; appointment; investigatory powers of city council.
19-619 - Appropriations and expenses; revision; power of first city council.
19-620 - City council; departments and offices; control.
19-645 - City manager; how chosen; qualifications; salary.
19-646 - City manager; powers; duties.
19-647 - City manager; investigatory powers.
19-648 - City manager; bond; premium; payment.
19-662 - City manager plan; abandoning; petition; filing; election.
19-701 - Public utility; condemnation; election; resubmission.
19-702 - Court of condemnation; members; hearing; parties; notice.
19-703 - Court of condemnation; powers and duties; vacancy, how filled.
19-704 - Court of condemnation; award; appeal; procedure; effect of appeal.
19-705 - Court of condemnation; appeal; judgment; bonds.
19-706 - Court of condemnation; members; compensation; costs; witness fees.
19-707 - Powers; conferred on certain cities.
19-708 - Public utility; acquisition by city or village of distribution system; wholesale service.
19-709 - Property; acquisition for public use; limitation; purposes enumerated; procedure.
19-710 - City council action; rights of adjoining property owner.
19-801 - Transferred to section 18-1501.
19-802 - Transferred to section 18-1502.
19-803 - Transferred to section 18-1503.
19-803.01 - Transferred to section 18-1504.
19-803.02 - Transferred to section 18-1505.
19-804 - Transferred to section 18-1506.
19-805 - Transferred to section 18-1507.
19-806 - Transferred to section 18-1508.
19-807 - Transferred to section 18-1509.
19-902 - Zoning regulations; uniformity; manufactured homes; certain codes excepted.
19-904 - Zoning regulations; creation; hearing; notice.
19-904.01 - Zoning regulations; nonconforming use; continuation; termination.
19-907 - Board of adjustment; appointment; restriction on powers.
19-909 - Board of adjustment; appeals to board; record on appeal; hearing; stays.
19-910 - Board of adjustment; powers; jurisdiction on appeal; variance; when permitted.
19-911 - Board of adjustment; village board of trustees may act; exception; powers and duties.
19-912 - Board of adjustment; appeal; procedure.
19-913 - Zoning laws and regulations; enforcement; violations; penalties; actions.
19-914 - Zoning regulations; conflict with other laws; effect.
19-915 - Zoning regulations; changes; procedure; ratification.
19-917 - Additions; vacating; powers; procedure; costs.
19-918 - Additions; subdivision; plat of streets; duty of owner to obtain approval.
19-920 - Additions; subdivisions; conform to ordinances; streets and alleys; requirements.
19-921 - Subdivision, defined; where applicable.
19-922 - Standard codes; applicability.
19-923 - Notice to board of education; when; notice to military installation.
19-925 - Municipal plan; planning commission; authorized.
19-926 - Planning commission; members; term; removal; vacancies; alternate members.
19-927 - Planning commission; organization; meetings; rules and regulations; records.
19-928 - Planning commission; funds, equipment, and accommodations; limit upon expenditures.
19-929 - Planning commission; city council or village board of trustees; powers and duties; appeal.
19-931 - Interjurisdictional planning commission; members; term; vacancies.
19-932 - Interjurisdictional planning commission; creation; elimination.
19-933 - Sections; applicability.
19-1101 - City treasurer or village treasurer; report for fiscal year; publication.
19-1103 - Reports and proceedings; how published; cost.
19-1104 - Violations; penalty.
19-1301 - Sinking funds; gifts; authority to receive; real estate; management.
19-1302 - Sinking funds; purposes; tax to establish; amount of levy; when authorized.
19-1303 - Sinking fund; resolution to establish; contents; election; laws governing.
19-1304 - Sinking funds; investments authorized; limitation upon use.
19-1307 - Public utilities; combined revenue bonds; objections; submit to electors; effect.
19-1308 - Sections, how construed.
19-1309 - Public funds; all-purpose levy; maximum limit.
19-1310 - Public funds; all-purpose levy; allocation.
19-1311 - Public funds; all-purpose levy; length of time effective; abandonment.
19-1312 - Public funds; all-purpose levy; certification.
19-1401 - Municipal heat, light, and ice plants; construction; operation.
19-1402 - Municipal heat, light, and ice plants; cost; how defrayed.
19-1403 - Municipal heat, light, and ice plants; bonds; interest; amount; approval of electors; tax.
19-1404 - Municipal heat, light, and ice plants; management; rates; service.
19-1501 - Incompletely performed contracts; acceptance; tax levy; bond issue.
19-1502 - Additional authority granted.
19-1601 - Transferred to section 16-318.01.
19-1801 - Transferred to section 19-1827.
19-1802 - Transferred to section 19-1828.
19-1803 - Transferred to section 19-1829.
19-1804 - Transferred to section 19-1830.
19-1806 - Transferred to section 19-1831.
19-1807 - Transferred to section 19-1832.
19-1808 - Transferred to section 19-1833.
19-1809 - Transferred to section 19-1834.
19-1810 - Transferred to section 19-1835.
19-1811 - Transferred to section 19-1836.
19-1812 - Transferred to section 19-1837.
19-1813 - Transferred to section 19-1838.
19-1814 - Transferred to section 19-1839.
19-1815 - Transferred to section 19-1840.
19-1816 - Transferred to section 19-1841.
19-1817 - Transferred to section 19-1842.
19-1818 - Transferred to section 19-1843.
19-1819 - Transferred to section 19-1844.
19-1820 - Transferred to section 19-1845.
19-1821 - Transferred to section 19-1846.
19-1822 - Transferred to section 19-1847.
19-1823 - Transferred to section 19-1826.
19-1824 - Transferred to section 48-1209.01.
19-1829 - Employees subject to act; appointment; promotion.
19-1832 - Civil service; employees; discharge; demotion; grounds.
19-1833 - Civil service; employees; discharge; demotion; procedure; investigation; appeal.
19-1834 - Civil service; municipality provide facilities and assistance.
19-1835 - Civil service; vacancies; procedure.
19-1836 - Civil service; creation or elimination of positions.
19-1837 - Civil service; employees; salaries; compliance with act.
19-1838 - Civil service; leave of absence.
19-1839 - Civil service commission; conduct of litigation; representation.
19-1840 - Civil service; obstructing examinations.
19-1841 - Civil service; political service disregarded.
19-1842 - Municipality; duty to enact appropriate legislation; failure; effect.
19-1843 - Municipality; duty to provide quarters and equipment; failure; effect.
19-1844 - Municipality; duty to create commission; failure; effect.
19-1845 - Commission; duty to organize; rules and regulations; failure; effect.
19-1846 - Municipality; duty to make appropriation.
19-1847 - Violations; penalty.
19-1848 - Merger of commissions; agreement; applicability of act; exceptions.
19-2102 - Garbage disposal plants or systems and solid waste disposal areas; tax; when authorized.
19-2104 - Garbage disposal plants or systems and solid waste disposal areas; tax levy.
19-2105 - Garbage disposal plants or systems and solid waste disposal areas; contracts.
19-2111 - Garbage disposal; construction of section; existing facilities; zoning.
19-2202 - Error in platting; application; district court; contents.
19-2203 - Error in platting; application; order to show cause; contents; publication.
19-2204 - Error in platting; application; district court; hearing; order; appeal.
19-2301 - Parking meters; acquisition, erection, maintenance, operation; ordinance.
19-2302 - Revenue; disposition.
19-2304 - Regulation and control of parking vehicles; other means.
19-2401 - Municipal improvements; combination of projects; notice; allocation of cost.
19-2402 - Water service; sanitary sewer service; extension districts; ordinance; contents.
19-2405 - Water service; sanitary sewer service; extension districts; bonds; interest; issuance.
19-2408 - Combined improvements; legislative intent.
19-2409 - Combined improvements; authorized.
19-2411 - Combined improvements; district; creation; notice; objections.
19-2412 - Combined improvements; contract; bids; warrants; payment; interest.
19-2413 - Combined improvements; acceptance; special assessments; levy; maturity.
19-2415 - Combined improvements; act, how cited.
19-2416 - Limited street improvement district; creation; purpose; ordinance; notice; procedure.
19-2417 - Sidewalks; construct, replace, repair; districts; contract.
19-2418 - Sidewalks; construct, replace, repair; districts; special assessments; payment.
19-2420 - Sewage and water facilities; acquire by gift or purchase from federal government; rates.
19-2421 - Leases authorized; term; option to purchase.
19-2422 - Special assessment; appeal; district court; powers; tried de novo.
19-2423 - Special assessment; notice of appeal; time; bond; costs.
19-2424 - City clerk or village clerk; prepare transcript; cost; indigent appellant.
19-2425 - Special assessment; file petition on appeal and transcript with district court; time.
19-2426 - Irrigation or drainage ditch, canal, or lateral; wall, enclose, or cover; procedure.
19-2427 - Improvement district; adjacent land; how treated; special assessments.
19-2428 - Improvement district; land within agricultural use zone; how treated.
19-2429 - Agricultural land within improvement district; deferral of special assessment; procedure.
19-2501 - Transferred to section 13-1111.
19-2501.01 - Transferred to section 13-1112.
19-2502 - Transferred to section 13-1113.
19-2503 - Transferred to section 13-1114.
19-2504 - Transferred to section 13-1115.
19-2505 - Transferred to section 13-1116.
19-2506 - Transferred to section 13-1118.
19-2507 - Transferred to section 13-1117.
19-2509 - Transferred to section 13-1119.
19-2510 - Transferred to section 13-1120.
19-2511 - Transferred to section 13-1121.
19-2601 - Transferred to section 18-2101.
19-2602 - Transferred to section 18-2102.
19-2602.01 - Transferred to section 18-2102.01.
19-2603 - Transferred to section 18-2103.
19-2604 - Transferred to section 18-2104.
19-2605 - Transferred to section 18-2105.
19-2606 - Transferred to section 18-2106.
19-2607 - Transferred to section 18-2107.
19-2608 - Transferred to section 18-2108.
19-2609 - Transferred to section 18-2109.
19-2610 - Transferred to section 18-2110.
19-2611 - Transferred to section 18-2111.
19-2612 - Transferred to section 18-2112.
19-2613 - Transferred to section 18-2113.
19-2614 - Transferred to section 18-2114.
19-2615 - Transferred to section 18-2115.
19-2616 - Transferred to section 18-2116.
19-2617 - Transferred to section 18-2117.
19-2618 - Transferred to section 18-2118.
19-2619 - Transferred to section 18-2119.
19-2620 - Transferred to section 18-2120.
19-2621 - Transferred to section 18-2121.
19-2622 - Transferred to section 18-2122.
19-2623 - Transferred to section 18-2123.
19-2624 - Transferred to section 18-2124.
19-2625 - Transferred to section 18-2125.
19-2626 - Transferred to section 18-2126.
19-2627 - Transferred to section 18-2127.
19-2628 - Transferred to section 18-2128.
19-2629 - Transferred to section 18-2129.
19-2630 - Transferred to section 18-2130.
19-2631 - Transferred to section 18-2131.
19-2632 - Transferred to section 18-2132.
19-2633 - Transferred to section 18-2133.
19-2634 - Transferred to section 18-2134.
19-2635 - Transferred to section 18-2135.
19-2636 - Transferred to section 18-2136.
19-2637 - Transferred to section 18-2137.
19-2638 - Transferred to section 18-2138.
19-2639 - Transferred to section 18-2139.
19-2640 - Transferred to section 18-2140.
19-2641 - Transferred to section 18-2141.
19-2642 - Transferred to section 18-2142.
19-2643 - Transferred to section 18-2143.
19-2644 - Transferred to section 18-2144.
19-2701 - Public utilities; service outside city; authorization; limitation on length of contracts.
19-2702 - Transferred to section 70-1605.
19-2703 - Transferred to section 70-1602.
19-2704 - Transferred to section 70-1606.
19-2705 - Transferred to section 70-1607.
19-2706 - Transferred to section 70-1608.
19-2708 - Transferred to section 70-1609.
19-2709 - Transferred to section 70-1610.
19-2710 - Transferred to section 70-1611.
19-2711 - Transferred to section 70-1612.
19-2713 - Transferred to section 70-1613.
19-2714 - Transferred to section 70-1614.
19-2715 - Transferred to section 70-1615.
19-2716 - Transferred to section 70-1603.
19-2717 - Transferred to section 70-1604.
19-2904 - Annual audit; contents.
19-2906 - Accountant; prohibited disclosures; penalty.
19-2908 - Act, how construed; failure to comply, effect on taxes levied.
19-2909 - Audit; expense; payment.
19-3052 - Annexation of territory; redistricting; when.
19-3101 - City council or village board of trustees; vacancy; when.
19-3303 - Districts authorized; powers.
19-3304 - Notice; given or posted by whom.
19-3305 - Proceedings, taxes or assessments levied, bonds issued; validity.
19-3306 - Procedure authorized.
19-3307 - Remedies not exclusive.
19-3308 - Curative clauses; cumulative.
19-3309 - Alternative authority and procedure.
19-3310 - Act, liberally construed.
19-3312 - Proposed districts; boundaries; notice; objections; hearing.
19-3313 - Objections to formation of district; percentage required; effect; designation of district.
19-3314 - Costs; special assessment; notice; contents; appeal.
19-3315 - Taxes and assessments; purpose; procedure; notice; hearing.
19-3315.01 - Taxes, assessments, and revenue; use; notice; protest.
19-3316 - Assessments; delinquent; interest; notice; lien; payment.
19-3317 - Bonds, authorized; interest; rate; funding; terms; warrants.
19-3318 - Proposed offstreet parking district; petition; contents; signers; requisite number.
19-3319 - Petition; notice; protest.
19-3320 - District boundaries; change; notice; contents.
19-3321 - District boundaries; additional land; notice; mailing; protest; number required; effect.
19-3322 - District; land not included.
19-3323 - Termination of proceedings for creation or change of district by protest; effect.
19-3324 - Protest or objection; withdrawal; effect.
19-3325 - Objection or protest; estoppel.
19-3326 - Issuance of bonds; certificate by city clerk; annual taxes; collection.
19-3701 - Ordinances; effective date.
19-3801 - Contract with county board for police services; sheriff; powers; duties.
19-3802 - Villages; cancel contract with county; effect.
19-3803 - Villages; contract; cost; negotiated.
19-3804 - State and federal grants; expend.
19-3901 - Transferred to section 13-1201.
19-3902 - Transferred to section 13-1202.
19-3903 - Transferred to section 13-1203.
19-3904 - Transferred to section 13-1204.
19-3905 - Transferred to section 13-1205.
19-3906 - Transferred to section 13-1206.
19-3907 - Transferred to section 13-1207.
19-3908 - Transferred to section 13-1208.
19-3909 - Transferred to section 13-1209.
19-3909.01 - Transferred to section 13-1210.
19-3910 - Transferred to section 13-1211.
19-3911 - Transferred to section 13-1212.
19-4019 - Available funds; uses; enumerated.
19-4020 - Business improvement district; created; location.
19-4021 - Business improvement board; membership; powers; duties.
19-4022 - Business improvement board; members; terms; vacancy.
19-4023 - Utility facility within district; construct or alter; approval required; when.
19-4025 - Transferred to section 19-4029.01.
19-4026 - Hearing to create a business improvement district; call by petition.
19-4027 - Hearing to create a business improvement district; city council; duties; protest; effect.
19-4028 - Proposed business improvement district; boundary amendment; hearing continued; procedure.
19-4029.01 - Notice of hearing; manner given; contents; notice to neighborhood association.
19-4029.03 - Hearing; call by petition.
19-4029.04 - Hearing; city council; duties; protest; effect.
19-4032 - Business improvement district; additional assessment or levy; when; procedure.
19-4033 - Special assessments or taxes; limitations; effect.
19-4035 - Business improvement district; dissolution; procedure.
19-4036 - Dissolved district; assets; disposition.
19-4037 - Funds and grants; use.
19-4038 - Districts created prior to May 23, 1979; governed by act.
19-4301 - Public streets and sidewalks; sale of services or goods; permitted; closure; conditions.
19-4401 - Transferred to section 18-3001.
19-4501 - Transferred to section 18-1216.
19-4625 - Eminent domain authorized.
19-4628 - Resolution of intent.
19-4629 - Resolution of intent; contents.
19-4630 - Resolution of intent; public hearing.
19-4631 - Condemnation motion.
19-4632 - Court of condemnation; establishment.
19-4633 - Court of condemnation; procedure.
19-4634 - Court of condemnation; powers and duties; costs.
19-4635 - Court of condemnation; finding of value; procedure; appeal; abandonment; when.
19-4638 - Voter approval; effect.
19-4639 - Voter approval; time restrictions.
19-4641 - Condemnation; relinquishment authorized.
19-4642 - Contract authorized.
19-4644 - Contract; review by Public Service Commission.
19-4701 - City of metropolitan class or primary class; powers.
19-4801 - Transferred to section 18-1757.
19-4901 - Judicial proceedings; bond not required.
19-5001 - Written notice of proposed annexation; manner; contents; liability; limitation on action.
19-5101 - Investment of public endowment funds; manner.
19-5201 - Transferred to section 18-3401.
19-5202 - Transferred to section 18-3402.
19-5203 - Transferred to section 18-3403.
19-5204 - Transferred to section 18-3404.
19-5205 - Transferred to section 18-3405.
19-5206 - Transferred to section 18-3406.
19-5207 - Transferred to section 18-3407.
19-5208 - Transferred to section 18-3408.
19-5209 - Transferred to section 18-3409.
19-5210 - Transferred to section 18-3410.
19-5211 - Transferred to section 18-3411.
19-5212 - Transferred to section 18-3412.
19-5213 - Transferred to section 18-3413.
19-5214 - Transferred to section 18-3414.
19-5215 - Transferred to section 18-3415.
19-5216 - Transferred to section 18-3416.
19-5217 - Transferred to section 18-3417.
19-5218 - Transferred to section 18-3418.
19-5302 - Legislative findings and declarations.
19-5304 - Riverfront development district; ordinance; contents; revenue; boundaries.
19-5305 - Riverfront development authority; members; officers; vacancy; meetings; powers.
19-5306 - Authority; powers; city; power.
19-5307 - Authority; acquire property; limitations.
19-5309 - Conflict of interest.
19-5311 - Bonds; issuance; procedure; liability.
19-5314 - Hearing; notice; manner; decision; appeal.
19-5315 - Additional assessment or levy; procedure.
19-5316 - Records; meetings; reports.
19-5317 - Dissolution of district; procedure; notice.
19-5402 - Legislative findings and declarations.
19-5405 - Vacant property registration ordinance; adoption by municipality.
19-5406 - Registration of property; duty of owner; information required; fee; exemptions.
19-5407 - Vacant property registration ordinance; contents; program administrator; powers.
19-5408 - Supplemental provisions.
19-5502 - Legislative findings.
19-5504 - Affordable housing; report; contents.
19-5505 - Affordable housing action plan; required; failure to adopt; effect.
19-5604 - Extreme weather event; extraordinary costs; grant; application.
19-5605 - Municipal Natural Gas System Emergency Assistance Fund; created; use; investment.