The governing body of each of the municipalities participating in the creation of such agency shall by appropriate action by ordinance or resolution determine that there is a need for such agency and set forth the names of the proposed participating municipalities of the agency. Such an action may be taken by a municipality‘s governing body on its own motion upon determining, in its discretion, that a need exists for an agency. In determining whether such a need exists, a governing body may take into consideration the present and future needs of the municipality with respect to the commodities and services which an agency may provide, the adequacy and suitability of the supplies of such commodities and services to meet such needs, and economic or other advantages or efficiencies which may be realized by cooperative action through an agency. Upon the adoption of an ordinance or passage of a resolution as provided in this section, the mayor, in the case of a city, the chairperson of the board of trustees, in the case of a village, or the chairperson of the governing body, of each of the proposed participating municipalities, with the approval of the respective governing body, shall appoint a director. The qualifications for appointment as a director shall be as determined by the board in its bylaws. The directors shall constitute the board in which shall be vested all powers of the agency.

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Terms Used In Nebraska Statutes 18-2420

  • Action: shall include any proceeding in any court of this state. See Nebraska Statutes 49-801
  • Agency: shall mean any of the public corporations created pursuant to sections Nebraska Statutes 18-2405
  • Board: shall mean the board of directors of an agency. See Nebraska Statutes 18-2406
  • Director: shall mean a member of a board and shall include an alternate. See Nebraska Statutes 18-2408
  • Governing body: shall mean the city council in the case of a city, the village board of trustees in the case of a village, the equivalent body in the case of a municipality incorporated under the laws of another state, and the board in the case of an agency primarily comprised of municipalities. See Nebraska Statutes 18-2409
  • Municipality: shall mean (1) any city or village incorporated under the laws of this state, any equivalent entity incorporated under the laws of another state, or any separate municipal utility which has autonomous control and was established by such a city, village, or equivalent entity or by the citizens thereof for the purpose of providing electric energy for such municipality, (2) any public entity organized under Nebraska Statutes 18-2410