Nebraska Laws Pertaining to
Libraries & Library Operations
|Chapter 13. Cities, Counties, and Other Political Subdivisions|
|INTERLOCAL COOPERATION ACT|
§§ 13-801-807, 13-825-827
Act, how cited.
Sections 13-801 to 13-827 shall be known and
may be cited as the Interlocal Cooperation Act.
Laws 1963, c. 333, § 2, p. 1071; R.S.1943, (1983), § 23-2202;
Laws 1991, LB 731, § 1.
Purpose of act.
It is the purpose of the Interlocal
Cooperation Act to permit local governmental units to make the
most efficient use of their taxing authority and other powers by
enabling them to cooperate with other localities on a basis of
mutual advantage and thereby to provide services and facilities
in a manner and pursuant to forms of governmental organization
that will accord best with geographic, economic, population, and
other factors influencing the needs and development of local
Laws 1963, c. 333, § 1, p. 1071; R.S.1943, (1983), § 23-2201;
Laws 1991, LB 731, § 2; Laws 1996, LB 1177, § 14.
Operative date July 1, 1998.
For purposes of the Interlocal Cooperation
- Joint entity shall mean an entity created by
agreement pursuant to section 13-804;
- Public agency shall mean any county, city, village,
school district, or agency of the state government or of the
United States, any drainage district, sanitary and improvement
district, or other municipal corporation or political subdivision
of this state, and any political subdivision of another state;
- Public safety services shall mean public services
for the protection of persons or property. Public safety
services shall include law enforcement, fire protection, and
emergency response services; and
- State shall mean a state of the United States and
the District of Columbia.
Laws 1963, c. 333, § 3, p. 1071; Laws 1971, LB 874, § 1;
Laws 1975, LB 104, § 9; R.S.1943, (1983), § 23-2203;
Laws 1991, LB 731, § 3; Laws 1996, LB 1177, § 15.
Operative date July 1, 1998.
Public agencies; powers; agreements.
- Any power or powers, privileges, or
authority exercised or capable of exercise by a public agency of
this state may be exercised and enjoyed jointly with any other
public agency of this state and jointly with any public agency of
any other state or of the United States to the extent that laws
of such other state or of the United States permit such joint
exercise or enjoyment. Any agency of state government when
acting jointly with any public agency may exercise and enjoy all
of the powers, privileges, and authority conferred by the
Interlocal Cooperation Act upon a public agency.
- Any two or more public agencies may enter into
agreements with one another for joint or cooperative action
pursuant to the Interlocal Cooperation Act. Appropriate action
by ordinance, resolution, or otherwise pursuant to law of the
governing bodies of the participating public agencies shall be
necessary before any such agreement may enter into force.
- Any such agreement shall specify the following:
- Its duration;
- The general organization, composition, and nature of any separate legal or administrative entity created by the agreement together with the powers delegated to the entity;
- Its purpose or purposes;
- The manner of financing the joint or cooperative undertaking and of establishing and maintaining a budget;
- The permissible method or methods to be employed in accomplishing the partial or complete termination of the agreement and for disposing of property upon such partial or complete termination;
- The manner of levying, collecting, and accounting for any tax authorized under sections 13-318 to 13-326 beginning
July 1, 1998; and
- Any other necessary and proper matters.
- In the event that the agreement does not establish
a separate legal entity to conduct the joint or cooperative
undertaking, the agreement shall, in addition to items enumerated
in subsection (3) of this section, contain the following:
- Provision for an administrator or a joint board responsible for administering the joint or cooperative
undertaking. In the case of a joint board, the public agencies party to the agreement shall be represented; and
- The manner of acquiring, holding, and disposing of real and personal property used in the joint or cooperative
- No agreement made pursuant to the Interlocal
Cooperation Act shall relieve any public agency of any obligation
or responsibility imposed upon it by law except to the extent of
actual and timely performance by a joint board or other legal or
administrative entity created by an agreement made pursuant to
the act, which performance may be offered in satisfaction of the
obligation or responsibility.
- In the event that an agreement made pursuant to
this section creates a joint entity, such joint entity shall be
subject to control by its members in accordance with the terms of
the agreement; shall constitute a separate public body corporate
and politic of this state, exercising public powers and acting on
behalf of the public agencies which are parties to such
agreement; and shall have power (a) to sue and be sued, (b) to
have a seal and alter the same at pleasure or to dispense with
its necessity, (c) to make and execute contracts and other
instruments necessary or convenient to the exercise of its
powers, and (d) from time to time, to make, amend, and repeal
bylaws, rules, and regulations, not inconsistent with the Interlocal Cooperation Act and the agreement providing for its
creation, to carry out and effectuate its powers and purposes.
- No entity created by local public agencies pursuant
to the Interlocal Cooperation Act shall be considered a state
agency, and no employee of such an entity shall be considered a
Laws 1963, c. 333, § 4, p. 1072; R.S.1943, (1983), § 23-2204;
Laws 1991, LB 81, § 1; Laws 1991, LB 731, § 4;
Laws 1996, LB 1177, § 16; Laws 1997, LB 269, § 12.
Operative date June 6, 1997.
Public agencies; submission of agreements for approval; when.
In the event that an agreement made pursuant
to the Interlocal Cooperation Act deals in whole or in part with
the provision of services or facilities with regard to which an
officer or agency of the state government has constitutional or
statutory powers of control, the agreement shall, as a condition
precedent to its entry into force, be submitted to the state
officer or agency having such power of control and shall be
approved or disapproved by the officer or agency as to all
matters within the officer's or agency's jurisdiction.
Laws 1963, c. 333, § 5, p. 1073; Laws 1975, LB 104, § 10;
R.S.1943, (1983), § 23-2205; Laws 1991, LB 731, § 5.
Public agencies; appropriation of funds; supply personnel.
Any public agency entering into an agreement
pursuant to the Interlocal Cooperation Act may appropriate funds
and may sell, lease, give, or otherwise supply the administrative
joint board, joint entity, or other legal or administrative
entity created to operate the joint or cooperative undertaking by
providing such personnel or services therefor as may be within
its legal power to furnish.
Laws 1963, c. 333, § 6, p. 1073; R.S.1943, (1983), § 23-2206;
Laws 1991, LB 731, § 6.
Public agencies; contracts authorized; contents.
Any one or more public agencies may contract
with any one or more other public agencies to perform any
governmental service, activity, or undertaking which at least one
of the public agencies entering into the contract is authorized
by law to perform. Such contract shall be authorized by the
governing body of each party to the contract. Such contract
shall set forth fully as provided in the Interlocal Cooperation
Act the purposes, powers, rights, objectives, and
responsibilities of the contracting parties.
Laws 1963, c. 333, § 7, p. 1074; R.S.1943, (1983), § 23-2207;
Laws 1991, LB 731, § 7; Laws 1997, LB 269, § 13.
Operative date June 6, 1997.
Act, how construed.
The provisions of the Interlocal Cooperation
Act shall be deemed to provide an additional, alternative, and
complete method for the doing of the things authorized by the act
and shall be deemed and construed to be supplemental and
additional to, and not in derogation of, powers conferred upon
political subdivisions, agencies, and others by law. Insofar as
the provisions of the Interlocal Cooperation Act are inconsistent
with the provisions of any general or special law, administrative
order, or regulation, the provisions of the Interlocal
Cooperation Act shall be controlling.
Laws 1991, LB 731, § 25.
Pledge of state.
The State of Nebraska does hereby pledge to
and agree with the holders of any bonds and with those persons
who may enter into contracts with any joint entity or political
subdivision under the Interlocal Cooperation Act that the state
will not alter, impair, or limit the rights thereby vested until
the bonds, together with applicable interest, are fully met and
discharged and such contracts are fully performed. Nothing
contained in the Interlocal Cooperation Act shall preclude such
alteration, impairment, or limitation if and when adequate
provisions are made by law for the protection of the holders of
the bonds or persons entering into contracts with any joint
entity or political subdivision. Each joint entity and political
subdivision may include this pledge and undertaking for the state
in such bonds or contracts.
Laws 1991, LB 731, § 26.
Act, liberal construction.
The Interlocal Cooperation Act is necessary
for the welfare of the state and its inhabitants and shall be
construed liberally to effect its purposes.
Laws 1991, LB 731, § 27.