18-2102.01 Creation of authority or limited authority; name; membership; terms; optional election; officers and employees; quorum; interest in contracts; accounts; loan from city; finances; deposits;
18-2102.01. Creation ofauthority or limited authority; name; membership; terms; optional election; officers and employees;quorum; interest in contracts; accounts; loan from city; finances; deposits;audit.Cities of all classes and villages of thisstate are hereby granted power and authority to create community redevelopmentauthorities and limited community redevelopment authorities.(1) Whenever an authority or limited authority is createdit shall bear the name of the city creating it and shall be legally knownas the Community Redevelopment Authority of the City (or Village) of .............(name of city or village) or the Limited Community Redevelopment Authorityof the City (or Village) of ............. (name of city or village).(2) When it is determined by the governing body of any cityby ordinance in the exercise of its discretion that it is expedient to createa community redevelopment authority or limited community redevelopment authority,the mayor of the city or, if the mayor shall fail to act within ninety daysafter the passage of the ordinance, the president or other presiding officerother than the mayor of the governing body, with the approval of the governingbody of the city, shall appoint five orseven persons who shall constitute the authority or the limitedauthority. The terms of office of the members of afive-member authority initially appointed shall be for one year,two years, three years, four years, and five years, as designated by the mayor,president, other presiding officer, or city manager in making the respectiveappointments. The terms ofoffice of the members of a seven-member authority initially appointed shallbe one member each for one year, two years, and five years, and two memberseach for three years and four years, as designated by the mayor, president,other presiding officer, or city manager in making the respective appointments. Asthe terms of the members of the authority expire in cities not having thecity manager form of government, the mayor, with the approval of the governingbody of the city, shall appoint or reappoint a member of the authority fora term of five years to succeed the member whose term expires. In cities havingthe city manager form of government, the city manager shall appoint or reappointthe members with the approval of the governing body. The terms of office ofthe members of a limited community redevelopment authority shall be for theduration of only one single specific limited pilot project authorized in theordinance creating the limited community redevelopment authority, and theterms of the members of a limited community redevelopment authority shallexpire upon the completion of the single specific limited pilot project authorizedin the ordinance creating the limited community redevelopment authority.Agoverning body may at its option submit an ordinance which creates a communityredevelopment authority or a limited community redevelopment authority tothe electors of the city for approval by a majority vote of the electors votingon the ordinance. On submitting the ordinance for approval, the governingbody is authorized to call, by the ordinance, a special or general electionand to submit, after thirty days' notice of the time and place of holdingthe election and according to the manner and method otherwise provided bylaw for the calling, conducting, canvassing, and certifying of the resultof city elections on the submission of propositions to the electors, the propositionto be stated on the ballot as follows:Shall the City (or Village) of ............. (name of cityor village) create a Community Redevelopment Authority of the City (or Village)of ............. (name of city or village)?... Yes... No.When the ordinance submitted to the electors for approvalby a majority vote of the electors voting on the ordinance is to create alimited community redevelopment authority the proposition shall be statedon the ballot as follows:Shall the City (or Village) of ............. (name of cityor village) create a Limited Community Redevelopment Authority of the City(or Village) of ............. (name of city or village)?... Yes... No.Vacancies shall be filled for any unexpired term in the samemanner as the original appointment. Members of the authority so appointedshall hold office until their successors have been appointed and qualified.Members of a limited authority shall hold office as provided in this section.All members of the authority shall serve without compensation, but shall beentitled to be reimbursed for all necessary expenses incurred.(3) Any authority established under this section shall organizeby electing one of its members chairperson and another vice-chairperson, shallhave power to employ counsel, a director who shall be ex officio secretaryof the authority, and such other officers and employees as may be desired,and shall fix the term of office, qualifications, and compensation of each.The holder of the office of community redevelopment administrator or coordinatorof the city may, but need not, be appointed the director but at no additionalcompensation by the authority. Community redevelopment authorities of citiesof the first and second class and villages may secure the services of a director,community redevelopment administrator, or coordinator, and other officersand employees as may be desired through contract with the Department of EconomicDevelopment upon terms which are mutually agreeable. Any authority establishedunder this section may validly and effectively act on all matters requiringa resolution or other official action by theconcurrence of three members of a five-member authority or four members ofa seven-member authority present and voting at a meeting of the authority. Orders, requisitions,warrants, and other documents may be executed by the chairperson or vice-chairpersonor by or with others designated in its bylaws.(4) No member or employee of any authority established underthis section shall have any interest directly or indirectly in any contractfor property, materials, or services to be required by such authority.(5) The authority shall keep an accurate account of all itsactivities and of all receipts and disbursements and make an annual reportof such activities, receipts, and disbursements to the governing body of thecity.(6) The governing body of a city creating a community redevelopmentauthority or a limited community redevelopment authority is hereby authorizedto appropriate and loan to the authority a sum not exceeding ten thousanddollars for the purposes of paying expenses of organizing and supervisingthe work of the authority at the beginning of its activities. The loan shallbe authorized by resolution of the governing body which shall set forth theterms and time of the repayment of the loan. The loan may be appropriatedout of the general funds or any sinking fund.(7) All income, revenue, profits, and other funds receivedby any authority established under this section from whatever source derived,or appropriated by the city, or realized from tax receipts or comprised inthe special revenue fund of the city designated for the authority or fromthe proceeds of bonds, or otherwise, shall be deposited with the city treasureras ex officio treasurer of the authority without commingling the money withany other money under his or her control and disbursed by him or her by check,draft, or order only upon warrants, orders, or requisitions by the chairpersonof the authority or other person authorized by the authority which shall statedistinctly the purpose for which the same are drawn. A permanent record shallbe kept by the authority of all warrants, orders, or requisitions so drawn,showing the date, amount, consideration, and to whom payable. When paid, thesame shall be canceled and kept on file by the city treasurer. The books ofany authority established under this section shall from time to time be auditedupon the order of the governing body of the municipality in such manner asit may direct, and all books and records of the authority shall at all timesbe open to public inspection. The authority may contract with the holdersof any of its bonds or notes as to collection, custody, securing investment,and payment of any money of the authority or any money held in trust or otherwisefor the payment of bonds or notes or in any way to secure bonds or notes.The authority may carry out the contract notwithstanding that such contractmay be inconsistent with the previous provisions of this subdivision. Allbanks, capital stock financial institutions, qualifying mutual financial institutions,and trust companies are hereby authorized to give security for the depositsof money of any authority established under the provisions of this sectionpursuant to the Public Funds Deposit Security Act. Section 77-2366 appliesto deposits in capital stock financial institutions. Section 77-2365.01 shallapply to deposits in qualifying mutual financial institutions. SourceLaws 1957, c. 52, § 3, p. 248; Laws 1961, c. 61, § 2, p. 224; Laws 1963, c. 89, § 9, p. 307; R.S.Supp.,1963, § 19-2602.01; Laws 1965, c. 74, § 2, p. 300; Laws 1967, c. 87, § 1, p. 273; Laws 1969, c. 106, § 1, p. 484; Laws 1969, c. 107, § 1, p. 499; Laws 1989, LB 33, § 23; Laws 1997, LB 875, § 4; Laws 1999, LB 396, § 19; Laws 2001, LB 362, § 26; Laws 2009, LB339, § 1. Cross ReferencesPublic Funds Deposit Security Act, see section 77-2386.