70-1406. Proposed joint authority; members; application; Nebraska Power Review Board; duties; proof of authority's establishment.

(1) Upon fulfilling the requirements set forth in section 70-1405, the governing body of each public power district which determines that its participation in the proposed joint authority is in its best interest shall by resolution appoint one representative to the proposed joint authority. Any two or more representatives so appointed shall file with the Nebraska Power Review Board an application signed by a representative of each proposed member public power district setting forth:

(a) The names of all the proposed member public power districts and their respective appointed representatives;

(b) A certified copy of the resolution of each member public power district determining it is in its best interest to participate in the proposed joint authority and the resolution appointing such representative;

(c) The desire that the joint authority be organized as a public body and a body corporate and politic under sections 70-1401 to 70-1423; and

(d) The name which is proposed for the joint authority.

(2) The Nebraska Power Review Board shall examine the application and shall determine whether the application complies with the requirements set forth in subsection (1) of this section and that the proposed name of the joint authority is not identical with that of any other corporation of the state or any state agency or instrumentality, or so nearly similar as to lead to confusion and uncertainty. The Nebraska Power Review Board shall then receive and file the application.

(3) Upon receipt of such application, it shall be the duty of the Nebraska Power Review Board at once to make an investigation of the proposed joint authority to determine whether the application complies with the requirements set forth in subsection (1) of this section and that the proposed name of the joint authority is not identical with the name of any other corporation of the state or any state agency or instrumentality, or so nearly similar as to lead to confusion and uncertainty. If the board determines that the joint authority is in the best interest of each of the public power districts, the board or its successor by its executive board shall, within thirty days of receipt of such application, execute a certificate in duplicate, setting forth a true copy of the application and declaring that the application has been approved.

(4) The Nebraska Power Review Board shall immediately cause one copy of the certificate to be forwarded to and filed with the Secretary of State and the other one in the office of the county clerk of the county where the principal place of business of each member of the joint authority is located. Thereupon such joint authority under its designated name shall constitute a body politic and corporate.

(5) In any suit, action, or proceeding involving the validity or enforcement of, or relating to, any contract of the joint authority, the joint authority, in the absence of the establishment of fraud, shall be conclusively deemed to have been established in accordance with sections 70-1401 to 70-1423 upon proof of the issuance of the prescribed certificate by the Secretary of State. A copy of such certificate, duly certified by the Secretary of State, shall be admissible in evidence in any such suit, action, or proceeding, and shall be conclusive proof of the filing and contents of such certificate.

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