§ 13-1109 — Powers; cumulative; presumption regarding bonds and agreements

Nebraska § 13-1109

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

Text

(1) Sections 13-1101 to 13-1110 shall not be construed as a restriction
or limitation upon any powers which a municipality or county might otherwise
have under any laws of this state but
shall be construed as cumulative.
(2) Sections 13-1101
to 13-1110 shall be full authority for the exercise of the powers described
in such sections by a municipality or county, and no action, proceeding, or
election shall be required prior to the exercise of such powers under such
sections or to authorize the exercise of any of the powers granted in such
sections, except as specifically provided in such sections, any provision
of law applicable to a municipality or county to the contrary notwithstanding.
No proceedings for the issuance of bonds of a municipality or county shall
be required other than those required by sections 13-1101 to 13-1110 , and
the provisions of all other laws and charters of any municipality or county,
if any, relative to the terms and conditions for the acquisition, leasing,
financing construction, rehabilitation, or purchase of projects as provided
in such sections and the issuance, payment, redemption, registration, sale,
or delivery of bonds by a municipality or county shall not be applicable to
bonds issued by a municipality or county pursuant to such sections. No municipality,
county, or governing body or officer thereof shall be subject to the Securities
Act of Nebraska with respect to any revenue bonds issued under sections 13-1101
to 13-1110 . Insofar as sections 13-1101 to 13-1110 are inconsistent with the
provisions of any other law or of any law otherwise applicable to a municipality
or county, if any, sections 13-1101 to 13-1110 shall be controlling.
(3) In any suit, action,
or proceeding involving the validity or enforceability of any bond of a municipality
or county or the security therefor brought after the lapse of thirty days
after the issuance of such bonds has been authorized, any such bond reciting
in substance that it has been authorized by the municipality or county to
aid in financing a project shall be conclusively deemed to have been authorized
for such purpose and such project shall be conclusively deemed to have been
planned, located, and carried out in accordance with sections 13-1101 to 13-1110 .
(4) In any suit, action,
or proceeding involving the validity or enforceability of any agreement of
a municipality or county brought after the lapse of thirty days after the
agreement has been formally entered into, any such agreement reciting in substance
that it has been entered into by the municipality or county to provide financing
for a project shall be conclusively deemed to have been entered into for such
purpose and such project shall be conclusively deemed to have been planned,
located, and carried out in accordance with sections 13-1101 to 13-1110 .

Legislative History

Source: Laws 1961, c. 54, § 9, p. 207; R.S.1943, (1983), § 18-1622; Laws 2011, LB159, § 5. Cross References: Securities Act of Nebraska, see section 8-1123.