13-1105. Leasing or financing of project; governing body; powers and duties; hearing.
568 words·~3 min read·
/ne/chapter-13/13-1105A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)Prior to the leasing or financing of any project, the governing body must determine and find the following: The amount necessary to pay the principal of and the interest on the bonds proposed to be issued to finance such project; the amount necessary to be paid into any reserve funds which the governing body may deem it advisable to establish in connection with the retirement of the proposed bonds and the maintenance of the project including taxes; and, with respect to leases, unless the terms under which the project is to be leased provide that the lessee shall maintain the project and carry all proper insurance with respect thereto, the estimated cost of maintaining the project in good repair and keeping it properly insured.
(2)The determinations and findings of the governing body, required to be made by subsection
(1)of this section, shall be set forth in the proceedings under which the proposed bonds are to be issued. Prior to the issuance of the bonds authorized by sections 13-1101 to 13-1110 , the municipality or county shall
(a)lease the project to a lessee or lessees under an agreement conditioned upon completion of the project and providing for payment to the municipality or county of such rentals as, upon the basis of such determinations and findings, will be sufficient
(i)to pay the principal of and interest on the bonds issued to finance the project,
(ii)to pay the taxes on the project,
(iii)to build up and maintain any reserves deemed by the governing body to be advisable in connection therewith, and
(iv)unless the agreement of lease obligates the lessees to pay for the maintenance and insurance of the project, to pay the costs of maintaining the project in good repair and keeping it properly insured or
(b)enter into a financing agreement pursuant to subdivision (1)(c) or
(d)of section 13-1102 . Subject to the limitations of sections 13-1101 to 13-1110 , the lease or financing agreement or extensions or modifications thereof may contain such other terms and conditions as may be mutually acceptable to the parties. Notwithstanding any other provisions of law relating to the sale of property owned by municipalities and counties, any such lease may contain an option for the lessees to purchase the project on such terms and conditions as may be mutually acceptable to the parties.
(3)At a public hearing or at the adjournment of such hearing, the governing body of the city in which the proposed project is located shall determine whether the location of the proposed project is within a blighted area and whether the proposed project is within the development plan or plans for the area. Notice of the time and place of the hearing shall be published at least two times not less than seven days prior to the hearing in a legal newspaper having a general circulation within the boundaries of the city. Upon a favorable resolution by the governing body of the city where the proposed project is located, the governing body of the city or county may proceed to issue bonds.
(4)The requirements for notice and public hearing as set forth in subsection
(3)of this section shall not apply to projects for manufacturing or industrial enterprises or for nonprofit enterprises as described in subdivision (3)(a) or
(b)of section 13-1101 or refunding bonds authorized under section 13-1106 .