11-251

11-251. Powers of board

(L10, Ch. 238, sec. 1)

The board of supervisors, under such limitations and restrictions as are prescribed
by law, may:

1. Supervise the official conduct of all county officers and officers of all
districts and other subdivisions of the county charged with assessing, collecting,
safekeeping, managing or disbursing the public revenues, see that such officers
faithfully perform their duties and direct prosecutions for delinquencies, and, when
necessary, require the officers to renew their official bonds, make reports and present
their books and accounts for inspection.

2. Divide the counties into such districts or precincts as required by law, change
them and create others as convenience requires.

3. Establish, abolish and change election precincts, appoint inspectors and judges
of elections, canvass election returns, declare the result and issue certificates
thereof.

4. Lay out, maintain, control and manage public roads, ferries and bridges within
the county and levy such tax for that purpose as may be authorized by law.

5. Provide for the care and maintenance of the sick of the county, erect and
maintain hospitals for that purpose and, in its discretion, provide a farm in connection
with the county hospital and adopt ordinances for working the farm.

6. Provide suitable rooms for county purposes.

7. Purchase, receive by donation or lease real or personal property necessary for
the use of the county prison and take care of, manage and control the property, but no
purchase of real property shall be made unless the value has been previously estimated by
three disinterested citizens of the county, appointed by the board for that purpose, and
no more than the appraised value shall be paid for the property.

8. Cause to be erected and furnished a courthouse, jail and hospital and such other
buildings as necessary, and construct and establish a branch jail, when necessary, at a
point distant from the county seat.

9. Sell at public auction, after thirty days' previous notice given by publication
in a newspaper of the county, stating the time and place of the auction, and convey to
the highest bidder, for cash or contract of purchase extending not more than ten years
from the date of sale and upon such terms and conditions and for such consideration as
the board shall prescribe, any property belonging to the county that the board deems
advantageous for the county to sell, or that the board deems unnecessary for use by the
county, and shall pay the proceeds thereof into the county treasury for use of the
county, except that personal property need not be sold but may be used as a trade-in on
the purchase of personal property when the board deems this disposition of the personal
property to be in the best interests of the county. When the property for sale is real
property, the board shall have such property appraised by a qualified independent fee
appraiser who has an office located in this state. The appraiser shall establish a
minimum price, which shall not be less than ninety per cent of the appraised value. The
notice regarding the sale of real property shall be published in the county where the
property is situated and may be published in one or more other counties, and shall
contain, among other things, the appraised value, the minimum acceptable sale price, and
the common and legal description of the real property. Notwithstanding the requirement
for a sale at public auction prescribed in this paragraph, a county and with unanimous
consent of the board, without a public auction, may sell or lease any county property to
any other duly constituted governmental entity, including the state, cities, towns and
other counties. A county and with unanimous consent of the board, without public
auction, may grant an easement on county property for public purposes to a utility as
defined in section 40-491. A county and with unanimous consent of the board, without
public auction, may sell or lease any county property for a specific use to any solely
charitable, social or benevolent nonprofit organization incorporated or operating in this
state. A county may dispose of surplus equipment and materials that have little or no
value or that are unauctionable in any manner authorized by the board.

10. Examine and exhibit the accounts and performance of all officers having the
care, management, collection or disbursement of monies belonging to the county or
appropriated by law or otherwise for the use and benefit of the county. The working
papers and other audit files in an examination and audit of the accounts and performance
of a county officer are not public records and are exempt from title 39, chapter 1. The
information contained in the working papers and audit files prepared pursuant to a
specific examination or audit is not subject to disclosure, except to the county attorney
and the attorney general in connection with an investigation or action taken in the
course of their official duties.

11. Examine, settle and allow all accounts legally chargeable against the county,
order warrants to be drawn on the county treasurer for that purpose and provide for
issuing the warrants.

12. Levy such tax annually on the taxable property of the county as may be necessary
to defray the general current expenses thereof, including salaries otherwise unprovided
for, and levy such other taxes as are required to be levied by law.

13. Equalize assessments.

14. Direct and control the prosecution and defense of all actions to which the
county is a party, and compromise them.

15. Insure the county buildings in the name of and for the benefit of the county.

16. Fill by appointment all vacancies occurring in county or precinct offices.

17. Adopt provisions necessary to preserve the health of the county, and provide for
the expenses thereof.

18. With the approval of the department of health services, contract with any
qualified person to provide all or part of the health services, funded through the
department of health services with federal or state monies, that the board in its
discretion extends to residents of the county.

19. Contract for county printing and advertising, and provide books and stationery
for county officers.

20. Provide for rebinding county records, or, if necessary, the transcribing of
county records.

21. Make and enforce necessary rules and regulations for the government of its body,
the preservation of order and the transaction of business.

22. Adopt a seal for the board, a description and impression of which shall be filed
by the clerk in the office of the county recorder and the secretary of state.

23. Establish, maintain and conduct or aid in establishing, maintaining and
conducting public aviation fields, purchase, receive by donation or lease any property
necessary for that purpose, lease, at a nominal rental if desired, sell such aviation
fields or property to the United States or any department, or sell or lease such aviation
fields to a city, exchange lands acquired pursuant to this section for other lands, or
act in conjunction with the United States in maintaining, managing and conducting all
such property. If any such property or part of that property is not needed for these
purposes, it shall be sold by the board and the proceeds shall be paid into the general
fund of the county.

24. Acquire and hold property for the use of county fairs, and conduct, take care of
and manage them.

25. Authorize the sheriff to offer a reward, not exceeding ten thousand dollars in
one case, for information leading to the arrest and conviction of persons charged with
crime.

26. Contract for the transportation of insane persons to the state hospital or
direct the sheriff to transport such persons. The county is responsible for such expense
to the extent the expense is not covered by any third party payor.

27. Provide for the reasonable expenses of burial for deceased indigents as provided
in section 36-831 and maintain a permanent register of deceased indigents, including
name, age and date of death, and when burial occurs, the board shall mark the grave with
a permanent marker giving the name, age, and date of birth, if known.

28. Sell or grant to the United States the title or interest of the county in any
toll road or toll train in or partly within a national park, upon such terms and
consideration as may be agreed upon by the board and the secretary of the interior of the
United States.

29. Enter into agreements for acquiring rights-of-way, construction, reconstruction
or maintenance of highways in their respective counties, including highways that pass
through Indian reservations, with the government of the United States, acting through its
duly authorized officers or agents pursuant to any act of Congress, except that the
governing body of any Indian tribe whose lands are affected must consent to the use of
its land, and any such agreements entered into before June 26, 1952 are validated and
confirmed.

30. Do and perform all other acts and things necessary to the full discharge of its
duties as the legislative authority of the county government, including receiving and
accepting payment of monies by credit card or debit card, or both. Any fees or costs
incurred by the use of the credit or debit card shall be paid by the person tendering
payment unless the charging entity determines that the financial benefits of accepting
credit cards or debit cards exceeds the additional processing fees.

31. Make and enforce all local, police, sanitary and other regulations not in
conflict with general law.

32. Budget for funds for foster home care during the school week for mentally
retarded and otherwise handicapped children who reside within the county and attend a
school for the handicapped in a city or town within such county.

33. Do and perform all acts necessary to enable the county to participate in the
economic opportunity act of 1964 (P.L. 88-452; 78 Stat. 508), as amended.

34. Provide a plan or plans for its employees that provide tax deferred annuity and
deferred compensation plans as authorized pursuant to title 26, United States Code. Such
plans shall allow voluntary participation by all employees of the county. Participating
employees shall authorize the board to make reductions in their remuneration as provided
in an executed deferred compensation agreement.

35. Adopt and enforce standards for shielding and filtration of commercial or public
outdoor portable or permanent light fixtures in proximity to astronomical or
meteorological laboratories.

36. Subject to the prohibitions, restrictions and limitations as set forth in
section 11-830, adopt and enforce standards for excavation, landfill and grading to
prevent unnecessary loss from erosion, flooding and landslides.

37. Make and enforce necessary ordinances for the operation and licensing of any
establishment not in the limits of an incorporated city or town in which is carried on
the business of providing baths, showers or other forms of hydrotherapy or any service of
manual massage of the human body.

38. Provide pecuniary compensation as salary or wages for overtime work performed by
county employees, including those employees covered by title 23, chapter 2, article 9.
In so providing, the board may establish salary and wage plans incorporating
classifications and conditions prescribed by the federal fair labor standards act.

39. Establish, maintain and operate facilities that provide for physical evaluation,
diagnosis and treatment of patients and that do not keep patients overnight as bed
patients or treat patients under general anesthesia.

40. Enact ordinances under its police authority prescribing reasonable curfews in
the entire unincorporated area or any area less than the entire unincorporated area of
the county for minors and fines not to exceed the fine for a petty offense for violation
of such ordinances. Nothing in this paragraph shall be construed to require a request
from an association or a majority of the residents of an area before the board may enact
an ordinance applicable to the entire or any portion of the unincorporated area. An
ordinance enacted pursuant to this paragraph shall provide that a minor is not violating
a curfew if the minor is accompanied by a parent, a guardian or an adult having
supervisorial custody, is on an emergency errand or has been specifically directed to the
location on reasonable, legitimate business or some other activity by the parent,
guardian or adult having supervisorial custody. If no curfew ordinance is applicable to a
particular unincorporated area of the county, the board may adopt a curfew ordinance on
the request or petition of either:

(a) A homeowners' association that represents a majority of the homeowners in the
area covered by the association and to which the curfew would apply.

(b) A majority of the residents of the area to which the curfew would apply.

41. Lease or sublease personal property owned by the county to other political
subdivisions of this state to be used for a public purpose.

42. In addition to the agreements authorized by section 11-651, enter into long-term
agreements for the purchase of personal property, provided that the board may cancel any
such agreement at the end of a fiscal year, at which time the seller may repossess the
property and the agreement shall be deemed terminated.

43. Make and enforce necessary ordinances not in conflict with the laws of this
state to regulate off-road recreational motor vehicles that are operated within the
county on public lands without lawful authority or on private lands without the consent
of the lawful owner or that generate air pollution. For the purposes of this paragraph,
"off-road recreational motor vehicle" means three and four wheel vehicles manufactured
for recreational nonhighway all terrain travel.

44. Acquire land for roads, drainage ways and other public purposes by exchange
without public auction, except that notice shall be published thirty days before the
exchange, listing the property ownership and descriptions.

45. Purchase real property for public purposes, provided that final payment shall be
made not later than five years after the date of purchase.

46. Lease-purchase real property and improvements for real property for public
purposes, provided that final payment shall be made not later than twenty-five years
after the date of purchase. Any increase in the final payment date from fifteen years up
to the maximum of twenty-five years shall be made only on unanimous approval by the board
of supervisors.

47. Make and enforce ordinances for the protection and disposition of domestic
animals subject to inhumane, unhealthful or dangerous conditions or circumstances
provided that nothing in this paragraph limits or restricts the authority granted to
incorporated cities and towns or counties pursuant to section 13-2910. An ordinance
enacted pursuant to this paragraph shall not restrict or limit the authority of the game
and fish commission to regulate the taking of wildlife. For the purposes of this
paragraph, "domestic animal" means an animal kept as a pet and not primarily for economic
purposes.

48. If a part of a parcel of land is to be taken for roads, drainage, flood control
or other public purposes and the board and the affected property owner determine that the
remainder will be left in such a condition as to give rise to a claim or litigation
concerning severance or other damage, acquire the whole parcel by purchase, donation,
dedication, exchange, condemnation or other lawful means, and the remainder may be sold
or exchanged for other properties needed for any public purpose.

49. Make and enforce necessary rules providing for the reimbursement of travel and
subsistence expenses of members of county boards, commissions and advisory committees
when acting in the performance of their duties, if the board, commission or advisory
committee is authorized or required by federal or state law or county ordinance, and the
members serve without compensation.

50. Provide a plan or plans for county employee benefits that allow for
participation in a cafeteria plan that meets the requirements of the United States
internal revenue code of 1986.

51. Provide for fringe benefits for county employees, including sick leave, personal
leave, vacation and holiday pay and jury duty pay.

52. Make and enforce ordinances that are more restrictive than state requirements to
reduce or encourage the reduction of carbon monoxide and ozone levels, provided an
ordinance does not establish a standard for vehicular emissions, including ordinances to
reduce or encourage the reduction of the commuter use of motor vehicles by employees of
the county and employees whose place of employment is in unincorporated areas of the
county.

53. Make and enforce ordinances to provide for the reimbursement of up to one
hundred per cent of the cost to county employees of public bus or van pool transportation
to and from their place of employment.

54. Lease for public purposes any real property, improvements for real property and
personal property under the same terms and conditions, to the extent applicable, as are
specified in sections 11-651 and 11-653 for lease-purchases.

55. Enact ordinances prescribing regulation of alarm systems and providing for civil
penalties to reduce the incidence of false alarms at business and residential structures
relating to burglary, robbery, fire and other emergencies not within the limits of an
incorporated city or town.

56. In addition to paragraph 9 of this section, and notwithstanding section 23-504,
sell or dispose of, at no less than fair market value, county personal property that the
board deems no longer useful or necessary through a retail outlet or to another
government entity if the personal property has a fair market value of no more than one
thousand dollars, or by retail sale or private bid, if the personal property has a fair
market value of no more than fifteen thousand dollars. Notice of sales in excess of one
thousand dollars shall include a description and sale price of each item and shall be
published in a newspaper of general circulation in the county, and for thirty days after
notice other bids may be submitted that exceed the sale price by at least five per cent.
The county shall select the highest bid received at the end of the thirty day period.

57. Sell services, souvenirs, sundry items or informational publications that are
uniquely prepared for use by the public and by employees and license and sell information
systems and intellectual property developed from county resources that the county is not
obligated to provide as a public record.

58. On unanimous consent of the board of supervisors, license, lease or sell any
county property pursuant to paragraphs 56 and 57 of this section at less than fair market
value to any other governmental entity, including this state, cities, towns, public
improvement districts or other counties within or outside of this state, or for a
specific purpose to any charitable, social or benevolent nonprofit organization
incorporated or operating in this state.

59. On unanimous consent of the board of supervisors, provide technical assistance
and related services to a fire district pursuant to an intergovernmental agreement.

60. Adopt contracting procedures for the operation of a county health system
pursuant to section 11-291. Before the adoption of contracting procedures the board shall
hold a public hearing. The board shall publish one notification in a newspaper of
general circulation in the county seat at least fifteen days before the hearing.

61. Enter into an intergovernmental agreement pursuant to chapter 7, article 3 of
this title for a city or town to provide emergency fire or emergency medical services
pursuant to section 9-500.23 to a county island as defined in section 11-251.12. The
board may charge the owners of record in the county island a fee to cover the cost of an
intergovernmental agreement that provides fire and emergency medical services.

62. In counties that employ or have designated an animal control county enforcement
agent pursuant to section 11-1005, enter into agreements with foundations or charitable
organizations to solicit donations, property or services, excluding enforcement or
inspection services, for use by the county enforcement agent solely to perform
nonmandated services and to fund capital improvements for county animal control, subject
to annual financial and performance audits by an independent party as designated by the
county board of supervisors. For the purposes of this paragraph, nonmandated services are
limited to low cost spay and neuter services, public education and outreach efforts, pet
adoption efforts, care for pets that are victims of cruelty or neglect and support for
volunteer programs.

63. Adopt and provide for the enforcement of ordinances prohibiting open fires and
campfires on designated lands in the unincorporated areas of the county when a
determination of emergency is issued by the county emergency management officer and the
board deems it necessary to protect public health and safety on those lands.

64. Fix the amount of license fees to be paid by any person, firm, corporation or
association for carrying on any game or amusement business in unincorporated areas of the
county and prescribe the method of collection or payment of those fees, for a stated
period in advance, and fix penalties for failure to comply by fine. Nothing in this
article shall be construed as authorizing any county to require an occupational license
or fee for any activity if state law precludes requiring such a license or fee.

65. Adopt and enforce ordinances for the prevention, abatement and removal of
graffiti, providing that any restrictions on the retail display of potential graffiti
tools be limited to any of the following, as determined by the retail business:

(a) In a place that is in the line of sight of a cashier or in the line of sight
from a work station normally continuously occupied during business hours.

(b) In a manner that makes the product accessible to a patron of the business
establishment only with the assistance of an employee of the establishment.

66. Adopt ordinances and fees related to the implementation of a local stormwater
quality program pursuant to title 49, chapter 2, article 11.