(1)In addition
to any other powers which it may have,
each municipality and each county shall have without any other authority the
following powers:
(a)To acquire, whether by
construction, purchase, devise, gift, or lease, or any one or more of such
methods, one or more projects, which shall be located within this state, and
may be located within, without, partially within, or partially without the
municipality or county;
(b)To lease to others any
or all of its projects for such rentals and upon such terms and conditions
as the governing body may deem advisable and as shall not conflict with sections 13-1101 to 13-1110 ;
(c)To finance the acquisition,
construction, rehabilitation, or purchase of projects in blighted areas. The
power to finance such projects in blighted areas means a
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(1) In addition
to any other powers which it may have,
each municipality and each county shall have without any other authority the
following powers:
(a) To acquire, whether by
construction, purchase, devise, gift, or lease, or any one or more of such
methods, one or more projects, which shall be located within this state, and
may be located within, without, partially within, or partially without the
municipality or county;
(b) To lease to others any
or all of its projects for such rentals and upon such terms and conditions
as the governing body may deem advisable and as shall not conflict with sections 13-1101 to 13-1110 ;
(c) To finance the acquisition,
construction, rehabilitation, or purchase of projects in blighted areas. The
power to finance such projects in blighted areas means and includes the power to enter into any
type of agreement, including a loan agreement, when the other party to the
agreement agrees (i) to use the proceeds of
money provided under the agreement to pay the costs of such acquisition, construction,
rehabilitation, or purchase and any costs incident to the issuance of the
related bonds and the funding of any reserve funds, (ii) to
be bound by the terms of the Age Discrimination in Employment Act, the Nebraska
Fair Employment Practice Act, and sections 48-1219 to 48-1227 , regardless
of the number of employees, and (iii) to make payments to
the municipality or county sufficient to enable it to pay on a timely basis
all principal, redemption premiums, and interest on the related revenue bonds
issued to provide such financing, and any amounts necessary to repay such
municipality or county for any and all costs incurred by it that are incidental
to such financing. Title to any such project in a blighted area need not be
in the name of the municipality or county, but may be in the name of a private
party;
(d) To acquire, own,
develop, lease, or finance or refinance the acquisition, construction, rehabilitation,
or purchase of one or more projects for use as a nonprofit enterprise, regardless
of whether such project or projects are within a blighted area. Such projects
shall be located within this state and may be located within, without, partially
within, or partially without the municipality or county; Provided, for any
project located without the municipality or county, such municipality or county
shall find that a reasonable relationship exists between such municipality
or county and the project, borrower, or other party or parties to the financing
agreement, as applicable. The power to finance such projects means and includes
the power to enter into any type of agreement, including a loan agreement,
when the other party to the agreement agrees (i) to use the proceeds of money
provided under the agreement to pay the costs of such acquisition, construction,
rehabilitation, or purchase and any costs incident to the issuance of the
related bonds and the funding of any reserve funds and (ii) to make payments
to the municipality or county sufficient to enable it to pay on a timely basis
all principal, redemption premiums, and interest on the related revenue bonds
issued to provide such financing and any amounts necessary to repay such municipality
or county for any and all costs incurred by it that are incidental to such
financing. Title to any such project need not be in the name of the municipality
or county but may be in the name of a private party;
(e) To issue revenue bonds for the purpose of
defraying the cost of acquiring, improving, or financing any project or projects,
including the cost of any real estate previously purchased and used for such
project or projects, or the cost of any option in connection with acquiring
such property, and to secure the payment of such bonds as provided in sections 13-1101 to 13-1110 , which revenue bonds may be issued in two or more series
or issues where deemed advisable, and each such series or issue may contain
different maturity dates, interest rates, priorities on revenue available
for payment of such bonds and priorities on securities available for guaranteeing
payment thereof, and such other differing terms and conditions as are deemed
necessary and are not in conflict with sections 13-1101 to 13-1110 ; and
(f) To sell and convey any
real or personal property acquired as provided by subdivision (1)(a) of
this section and
make such order respecting the same as may be deemed conducive to the best
interest of the municipality or county, except that such sale or conveyance
shall be subject to the terms of any lease but shall be free and clear of
any other encumbrance.
(2) No municipality
or county shall have the power to (a) operate any project, referred to in
this section, as a business or in any manner except as the lessor thereof,
(b) lease any project acquired under powers conferred by this section for
use principally for commercial feeding of livestock, (c) issue bonds under
this section principally for the purpose of financing the construction or
acquisition of commercial feeding facilities for livestock, or (d) acquire
any project or any part thereof by condemnation.