§ 74-1427 — Political subdivision; expend local tax funds; election; procedure

(1) If the governing body
of a political subdivision determines that it is necessary or beneficial for the vitality of such political subdivision to
expend local tax funds for rehabilitation
or improvement of
a light-density rail line or rail facility construction, including the issuance
of bonds, the governing body shall by resolution
place the proposition for such expenditure or bond issue on the general or
primary election ballot or in odd-numbered years only call for a special election
in such political subdivision for the purpose of approving such expenditure
of local tax funds.
(2) The resolution calling for the election and the election notice
shall show the proposed purpose for which such local tax funds will be expended
and the amount of money sought.
(3) Notice of the election shall state the date the election is to be
held and the hours the polls will be open. Such notice shall be published
in a newspaper that is published in or of general circulation in such political
subdivision at least once each week for three weeks prior to such election.
If no such newspaper exists, notice shall be posted in at least three public
places in the political subdivision for at least three weeks prior to such
election.
(4) The proposition appearing on the ballot in any election shall state
the purpose for which such local tax funds will be spent, the amount of local
tax funds to be so expended, and the source from which the revenue will be
raised. Such proposition shall be adopted if approved by a majority of those
voting in such election.
(5) If a special election is called, the governing body shall prescribe
the form of the ballot to be used.
(6) For purposes of this
section:
(a)
Facility means the track, ties, roadbed, and related structures, including
terminals, team tracks and appurtenances, bridges, tunnels, and other structures
used or usable for rail service operations;
(b) Light-density rail line means any rail line classified
as a light-density line by the United States Department of Transportation;
(c) Rail facility construction
means the construction of rail or rail-related facilities, including new connections
between two or more existing lines, intermodal freight terminals, sidings,
and relocation of existing lines, for the purpose of improving the quality
and efficiency of rail freight service; and
(d) Rehabilitation or improvement means replacing,
repairing, or upgrading, to the extent necessary to permit adequate and efficient
rail freight service, facilities needed to provide service on a rail line.

Legislative History

Source: Laws 1980, LB 507, § 27; Laws 1991, LB 783, § 28; Laws 1996, LB 463, § 30; Laws 2011, LB259, § 3.