§ 13-1101 — Terms, defined

Nebraska § 13-1101

• Jurisdiction: Nebraska
• Ch. 13: Cities, Counties, and Other Political Subdivisions

Text

As
used in sections 13-1101 to 13-1110 , unless the context otherwise requires:
(1) Municipality means any
incorporated city or village in the state, including cities operating under
home rule charters and entities
created by interlocal agreements among cities, villages, and counties;
(2) Nonprofit enterprise
means any activity, venture, undertaking, trade, or business conducted or
to be conducted by a nonprofit organization incorporated or authorized to
do business in this state as permitted under its governing documents and the
applicable laws of its jurisdiction of organization;
(3) Project means (a)
any land, building, or equipment or other improvement, and all real and personal
properties deemed necessary in connection therewith, which shall
be suitable for use for manufacturing or industrial enterprises, (b) any
land, building, or equipment or other improvement, and all real and personal
properties deemed necessary in connection therewith, which shall be suitable
for use as a nonprofit enterprise or the refinancing of outstanding debt of
a nonprofit enterprise incurred to finance such land, building, equipment,
improvement, or other properties, except that a project under this subdivision
shall not include any portion of such land, building, equipment, improvement,
or other properties or the refinancing thereof to the extent used for sectarian
instruction or study or devotional activities or religious worship, or (c) any
land, building, or improvements located in a blighted area located within
a city of the metropolitan,
primary, first, or second class, and all real and personal properties deemed
necessary in connection therewith, which shall be suitable for any enterprise,
including, but not limited to, profit or nonprofit commercial, business, governmental,
or multifamily housing enterprises;
(4) Governing body means the board or body in which the general
legislative powers of the municipality or county are vested;
(5) Mortgage means a
mortgage or a mortgage and deed of trust, or other security device; and
(6) Blighted area means an area within a municipality (a) which by reason of the presence
of a substantial number of deteriorated or deteriorating structures, existence
of defective or inadequate street layout, faulty lot layout in relation to
size, adequacy, accessibility, or
usefulness, insanitary or unsafe conditions, deterioration of site or other
improvements, diversity of ownership, tax or special assessment delinquency
exceeding the fair value of the land, defective or unusual conditions of title,
improper subdivision or obsolete platting, or the existence of conditions
which endanger life or property by fire and other causes, or any combination
of such factors, substantially impairs or arrests the sound growth of the
community, retards the provision of housing accommodations, or constitutes an economic or social liability
and is detrimental to the public health, safety, morals, or welfare in its
present condition and use, and (b) in which there is at least one of the following
conditions: (i) Unemployment in the designated area is at least one hundred
twenty percent of the state or national average; (ii) the average age of the
residential or commercial units in the area is at least forty years; (iii)
more than half of the plotted and subdivided property in an area is unimproved
land that has been within the municipality for forty years and has remained
unimproved during that time; (iv) the per capita income of the area is lower
than the average per capita income of the municipality in which the area is
designated; or (v) the
area has had either stable or decreasing population based on the last two
decennial censuses. In no event shall a city of the metropolitan, primary,
or first class designate more than thirty-five percent of the city as blighted,
a city of the second class shall not designate an area larger than fifty percent
of the city as blighted, and a village shall not designate an area larger
than one hundred percent of the village as blighted.

Legislative History

Source: Laws 1961, c. 54, § 1, p. 200; Laws 1983, LB 451, § 1; Laws 1984, LB 1084, § 1; R.S.Supp.,1986, § 18-1614; Laws 2011, LB159, § 1. Annotations: The authority of a municipality or county to use public funds to own, acquire, develop, lease, and sell real and personal property for industrial development is measured by the provisions of Article XIII, section 2, of the Nebraska Constitution, and the enabling statutes lawfully enacted by the Legislature. Chase v. County of Douglas, 195 Neb. 838, 241 N.W.2d 334 (1976). Constitution was amended to authorize Industrial Development Act. Engelmeyer v. Murphy, 180 Neb. 295, 142 N.W.2d 342 (1966). Industrial Development Act of 1961 was in major part sustained as constitutional. State ex rel. Meyer v. County of Lancaster, 173 Neb. 195, 113 N.W.2d 63 (1962).