Whenever a hearing is held under section 19-4026 or 19-4029 , the city council shall: (1) Hear all protests and receive evidence for or against the proposed action; (2) Rule upon all written protests received prior to the close of the hearing, which ruling shall be final; and (3) Continue the hearing from time to time as the city council may deem necessary. If a special assessment is to be used, proceedings shall terminate if written protest is made prior to the close of the hearing by the record owners of over fifty percent of the assessable units in the proposed business improvement district. If an occupation tax is to be used, proceedings shall terminate if protest is made by users of over fifty percent of the space in the proposed business improvement district.
Neb. Rev. Stat. § 19-4027
Hearing to create a business improvement district; city council; duties; protest; effect
Applied in 2 court decisions — leading case North Star Lodge No. 227 v. City of Lincoln (1982)
Most recently applied in Easley v. City of Lincoln (February 1983)
Laws 1979, LB 251, § 13; Laws 1983, LB 22, § 7; Laws 2015, LB168, § 9; Laws 2019, LB193, § 217; Laws 2020, LB68, § 2.
Official source: Nebraska Legislature. Reproduced from public-domain Nebraska statutes; confirm against the official source for the current text. Not legal advice.