28-401

28-401. Intergovernmental agreements

A. The department may contract under title 11, chapter 7, article 3 with a state
public agency in this state or any other state if the general welfare of this state will
be promoted and protected and if not in conflict with any other law.

B. The director shall enter into agreements on behalf of this state with political
subdivisions or Indian tribes for the improvement or maintenance of state routes or for
the joint improvement or maintenance of state routes.

C. The department may enter into an intergovernmental agreement pursuant to title
11, chapter 7, article 3 with a county with a population of more than two million persons
for the construction, design, acquisition and attendant acquisition costs of a county
highway bridge to provide direct access to commercial, residential and recreational
facilities. The agreement shall:

1. Contain the commitment of the county to pay other monies for the purpose of
financing the bridge.

2. State the responsibilities of each party with regard to planning, designing,
constructing, owning and maintaining the bridge.

3. Provide that payment for the costs of the bridge shall be made from
contributions from the parties to the agreement and other contributors before the use of
state transaction privilege tax distributions.

D. The department may enter into an intergovernmental agreement pursuant to title
11, chapter 7, article 3 with a county with a population of more than two million persons
for the design, reconstruction and improvement costs of a county highway approaching and
traversing a bridge constructed pursuant to subsection C of this section. The agreement
shall:

1. Contain the commitment of the county to pay other monies for the purpose of
financing the highway improvements.

2. State the responsibilities of each party with regard to planning, designing,
constructing, owning and maintaining the highway.

3. Provide that payment for the costs shall be made from contributions from the
parties to the agreement and other contributors before the use of state transaction
privilege tax distributions.

4. Provide for reimbursement to the state general fund of the amount of highway
improvement revenues paid to the highway improvement interest fund or redemption fund
under section 28-7656, subsection B on the voluntary conveyance of a majority ownership
interest in a sports entertainment facility as prescribed by section 42-5032, subsection
B.

5. Contain the representation of the county that it has the legally binding
assurance of the owner of a sports entertainment facility as defined in section 42-5032,
subsection E, that the owner will reimburse the county for any and all expense the county
may incur under subsection D, paragraph 4 of this section and section 42-5032, subsection
B.

6. Be submitted to the joint legislative budget committee for its review before the
execution of the agreement.

E. The department may enter into agreements with Indian tribes to provide a method
or formula to refund taxes paid on exempt motor fuel purchases or use pursuant to this
title. For the purposes of this subsection, "motor fuel" has the same meaning prescribed
in section 28-5601.

F. The department may enter into an intergovernmental agreement pursuant to title
11, chapter 7, article 3 that obligates the department to indemnify and defend a city,
town, county, flood control district, irrigation district or agricultural improvement
district or any other political subdivision or governmental agency against claims of
liability for injuries, losses or damages incurred in any way as a result of the acts or
omissions of the department, including acts, errors, omissions or mistakes of any person
for which the department may be liable, and arising out of the construction, operation or
maintenance of department projects or facilities or use of department projects or
facilities. A city, town, county, flood control district, irrigation district or
agricultural improvement district or any other political subdivision or governmental
agency may enter into an intergovernmental agreement pursuant to title 11, chapter 7,
article 3 that obligates such an entity to indemnify and defend the department against
claims of liability for injuries, losses or damages incurred in any way as a result of
the acts or omissions of such entity, including acts, errors, omissions or mistakes of
any person for which the entity may be liable, and arising out of the construction,
operation or maintenance of projects or facilities or use of projects or facilities. Any
indemnification pursuant to an intergovernmental agreement must be approved by state risk
management in the department of administration.