reglab/housing_qa huggingface dataset:
NE Code § 31-730 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-730 - Petition; objection; hearing; order creating.

31-730.  Petition; objection; hearing; order creating.Such petition, and objections if any, shall be heard by the court without any unnecessary delay and should the court determine that the formation of such district will be conducive to the public health, convenience, or welfare, the district court shall declare the sanitary and improvement district a public corporation of this state and shall declare five of the trustees nominated, or in case of objection thereto, other suitable trustees who shall be (1) owners of real estate located in the district or (2) designated to serve as a representative on the board of trustees if the real estate is owned by a limited partnership, a general partnership, a limited liability company, a public, private, or municipal corporation, an estate, or a trust, to be the board of trustees of such corporation to serve until their successors are elected and qualified. If any owner of real estate located in the proposed district satisfies the court that his or her real estate, or any part thereof, will not be benefited thereby, then the court may exclude such real estate as will not be benefited and declare the remainder a district as prayed for. No lands included within any municipal corporation shall be included in any sanitary and improvement district, and no tract of twenty acres or more which is outside any municipal corporation and is used primarily for industrial purposes shall be included in any sanitary and improvement district organized under sections 31-727 to 31-762 without the written consent of the owner of such tract.Source   Laws 1949, c. 78, § 4, p. 197;  Laws 2003, LB 721, § 2. Annotations  The hearing before a trial court provided for in this section concerning the organization of sanitary and improvement districts is one in equity. In re Petition of SID No. 1, 270 Neb. 856, 708 N.W.2d 809 (2006). Under this section, petitioners need not prove that the formation of a sanitary improvement district to install a sanitary sewer system is the only, the cheapest, or even the best means of tackling their waste system problems; they must show only that the sanitary improvement district will benefit the public health, convenience, or welfare. In re Petition of SID No. 1, 270 Neb. 856, 708 N.W.2d 809 (2006). No land within a municipality may be included in the formation of a sanitary and improvement district. Sanitary & Improvement Dist. v. City of Ralston, 182 Neb. 63, 152 N.W.2d 111 (1967). The hearing before district court is treated as one in equity. Zwink v. Ahlman, 177 Neb. 15, 128 N.W.2d 121 (1964).
NE Code § 31-731 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-731 - District; formation; articles; filing and recording.

31-731.  District; formation; articles; filing and recording.Within twenty days after the district has been declared a corporation by the court, the clerk thereof shall transmit to the Secretary of State a certified copy of the record relating thereto, and the same shall be filed in his office in the same manner as articles of incorporation are required to be filed under the general law concerning corporations. A copy of such record, together with a plat of the district, shall also be filed in the office of the county clerk of the county or counties in which the district, or any part thereof, is situated.Source  Laws 1949, c. 78, § 5, p. 197.
NE Code § 31-732 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-732 - District; body corporate; powers.

31-732.  District; body corporate; powers.Such district shall be a body corporate and politic by name of Sanitary and Improvement District Number ........... of ........... County and shall have the power and authority to take and hold real and personal property necessary for its use, to make contracts, to sue and be sued, to have and use a corporate seal, and to exercise any and all other powers, as a corporation, necessary to carry out the purposes of sections 31-727 to 31-762.Source  Laws 1949, c. 78, § 6, p. 197. Annotations  A sanitary and improvement district, being a "body corporate and politic," cannot be considered unincorporated. State ex rel. Scherer v. Madison Cty. Comrs., 247 Neb. 384, 527 N.W.2d 615 (1995). The language "to sue and be sued" contained in this section should not be read so broadly as to confer standing on a sanitary and improvement district when common law standing requirements have not been met. SID No. 347 of Douglas County v. City of Omaha, 8 Neb. App. 78, 589 N.W.2d 160 (1999).
NE Code § 31-733 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-733 - District; trustees; board; powers and duties; appointment of administrator; powers; duties; compensation.

31-733.  District; trustees; board; powers and duties; appointment of administrator; powers; duties; compensation.Within thirty days after the district court has declared the district a public corporation, the trustees appointed by the court shall meet and elect one of their number chairperson and one of their number clerk of the district. Except as otherwise provided, the board shall (1) adopt a seal, bearing the name of the district, (2) keep a record of all of its proceedings which shall be open to inspection by all owners of real estate in the district, (3) have the power to pass all necessary ordinances, orders, rules, and regulations for the necessary conduct of its business and to carry into effect the objects for which the sanitary and improvement district was formed, and (4) have authority to appoint, employ, and pay an engineer or firm of engineers, an attorney, a fiscal agent, and such clerical help as may be needed, who shall each be removable at the pleasure of the board or administrator. The clerk of the board shall be paid a salary not to exceed twelve hundred dollars per year. Upon the appointment of an administrator for the district pursuant to sections 31-771 to 31-780, the authority of the trustees to exercise the powers granted in this section shall be suspended, except that the board shall continue in existence and the administrator shall periodically, but not less frequently than monthly, report to the board in writing on all decisions and actions taken by the administrator in managing the affairs of the district. The administrator shall, during the period of his or her appointment, possess exclusive authority to exercise the powers and duties conferred in sections 31-727 to 31-770. Each trustee shall be paid fifteen dollars for each meeting of the board which he or she attends, except that each trustee shall be paid for no more than twelve meetings in each calendar year. Each trustee shall be allowed reimbursement for mileage as provided in section 81-1176.Source   Laws 1949, c. 78, § 7, p. 198;   Laws 1982, LB 868, § 3;   Laws 1994, LB 501, § 2;   Laws 1995, LB 470, § 3.  Annotations The board of trustees of a sanitary and improvement district has power to contract for fiscal and financial services in connection with the issuance and sale of its bonds and warrants. Hayes v. Sanitary & Improvement Dist. No. 194, 196 Neb. 653, 244 N.W.2d 505 (1976).
NE Code § 31-734 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-734 - District; chairperson, clerk, administrator; bond; premium.

31-734.  District; chairperson, clerk, administrator; bond; premium.The chairperson and clerk or administrator of any such district shall, upon assuming his or her respective office, execute and file with the county clerk of the county in which such district, or the greater portion of the area thereof, is located, a bond, with one or more sureties, to be approved by the county clerk, running to the State of Nebraska in the penal sum of five thousand dollars for the chairperson, twenty thousand dollars for the clerk, and twenty thousand dollars for the administrator, conditioned for the faithful performance of their official duties and the faithful accounting by them for all funds and property of the district that shall come into their possession or control during their term of office. The premium, if any, on any such bond shall be paid out of the funds of the district. Suit may be brought on such bonds by any person, firm, or corporation that has sustained loss or damage in consequence of the breach thereof.Source   Laws 1949, c. 78, § 8, p. 198;   Laws 1976, LB 313, § 2;   Laws 1979, LB 252, § 2;   Laws 1982, LB 868, § 4.
NE Code § 31-735.01 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-735.01 - Election of trustees; ballots; election board; duties.

31-735.01.  Election of trustees; ballots; election board; duties.At any election held to elect trustees of a sanitary and improvement district, the ballots shall be received, counted, and canvassed by an election board of two persons or more appointed by the election commissioner or the county clerk in counties having no election commissioner.Source   Laws 1976, LB 313, § 15;   Laws 1982, LB 359, § 2;   Laws 1987, LB 652, § 5.
NE Code § 31-735.02 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-735.02 - Election of trustees; certification of results.

31-735.02.  Election of trustees; certification of results.For any sanitary and improvement district, the county clerk or election commissioner shall certify the results of the election to the district.Source   Laws 1976, LB 313, § 16;   Laws 1977, LB 228, § 3;   Laws 1982, LB 359, § 3;   Laws 1986, LB 483, § 2;   Laws 1987, LB 652, § 6.
NE Code § 31-735.03 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-735.03 - Election contests; Election Act applicable.

31-735.03.  Election contests; Election Act applicable.If an election is contested involving a sanitary and improvement district board of trustees, the Election Act shall apply.Source   Laws 1976, LB 313, § 17;   Laws 1994, LB 76, § 551.  Cross References  Election Act, see section 32-101.
NE Code § 31-735.04 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-735.04 - District; location; basis for determination.

31-735.04.  District; location; basis for determination.For purposes of sections 31-735 to 31-735.02 a sanitary and improvement district shall be deemed to be located in a county with a population of one hundred thousand or more if the greater proportion in area of the district is located in such county.Source  Laws 1982, LB 359, § 4.
NE Code § 31-735.05 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-735.05 - Election; when held; costs; election commissioner or county clerk; duties.

31-735.05.  Election; when held; costs; election commissioner or county clerk; duties.Not later than June first of each year, the election commissioner or county clerk shall determine which sanitary and improvement districts in the county are required to hold elections in such year and shall so notify the clerk of each such district on or before July first of such year. The entire costs of conducting the election shall be borne by the sanitary and improvement district holding the election, and such costs shall include all expenses such as procuring a list of the property owners of record in each such district, printing and mailing notices of the elections to such property owners, printing, preparing, and mailing ballots, paying compensation and mileage for the election boards conducting such elections, and also indirect expenses, such as the pro rata amount of any additional clerical expense or other miscellaneous expenses to be incurred by the election commissioner or county clerk in conducting all of such elections to be held in such calendar year. Within sixty days after the elections have been held, each district shall be charged and billed for all of the actual expenses incurred by the election commissioner or county clerk attributable to such district. Payment of the total amount billed to the district shall be in currency and made by the attorney for the sanitary and improvement district to the election commissioner or county clerk within sixty days after receipt of such billing.Source   Laws 1982, LB 359, § 5;   Laws 1986, LB 483, § 3;   Laws 1987, LB 652, § 7.
NE Code § 31-735.06 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-735.06 - Appointment of administrator; election of trustees; special election; when held.

31-735.06.  Appointment of administrator; election of trustees; special election; when held.Notwithstanding the appointment of an administrator for any district pursuant to sections 31-771 to 31-780, special elections shall be held for the election of members of the board of trustees for such district in the same manner and at the same time as such elections would be held under sections 31-735 to 31-735.03. In a district for which such an administrator has been appointed when the board of trustees of such district is not functioning, the administrator shall cause a special election of trustees to be held within sixty days after the issuance of a certificate of appointment of such administrator, at which election a board of trustees shall be elected to a term of office which shall expire on the first Tuesday of the second September following the appointment of such administrator. The board of trustees shall have five members unless the board has amended its articles of association to decrease the number of trustees on the board to three members pursuant to subdivision (2)(d) of section 31-735.Source   Laws 1982, LB 868, § 5;  Laws 2015, LB116, § 2.
NE Code § 31-736 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-736 - District; acquisition of property; conditions.

31-736.  District; acquisition of property; conditions.Such sanitary and improvement district may acquire by purchase, condemnation, or otherwise, real or personal property, right-of-way, and privilege, within or without its corporate limits, necessary for its corporate purposes. Such acquisition by the district may be effected only after approval by the municipality or county having zoning jurisdiction over such property. The approval of plans and specifications for the public improvement or project, or the approval of plans and exact costs for public parks, playgrounds, and recreational facilities, as required by section 31-740, shall be deemed to be approval for the acquisition by the district of such fee title, easements, or other interests in such property as may be required for the public improvement or project.Source   Laws 1949, c. 78, § 10, p. 199;   Laws 1978, LB 708, § 1.
NE Code § 31-737 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-737 - District; eminent domain; procedure.

31-737.  District; eminent domain; procedure.Whenever the board of trustees or administrator of any sanitary and improvement district shall by order determine to make any public improvement under the provisions of sections 31-727 to 31-762 and 31-771 to 31-780 which shall require that private property be taken or damaged, the district may exercise the power of eminent domain. The procedure to condemn property shall be exercised in the manner set forth in sections 76-704 to 76-724.Source   Laws 1949, c. 78, § 11, p. 199;   Laws 1951, c. 101, § 79, p. 482;   Laws 1982, LB 868, § 6.
NE Code § 31-738 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-738 - District; state or public lands; right of eminent domain.

31-738.  District; state or public lands; right of eminent domain.Whenever it shall be necessary, in making any improvement under the provisions of sections 31-727 to 31-762, to enter upon or cross any state or public lands, the district shall have the right to acquire a right-of-way across the same by the exercise of the power of eminent domain.Source   Laws 1949, c. 78, § 12, p. 199;   Laws 1951, c. 101, § 80, p. 482.
NE Code § 31-741 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-741 - Contracts; bidding requirements.

31-741.  Contracts; bidding requirements.All contracts for construction work to be done or materials or equipment purchased, the expense of which is more than twenty thousand dollars, shall be let to the lowest responsible bidder, upon notice of not less than twenty days, of the terms and conditions of the contract to be let. The board of trustees or the administrator shall have power to reject any and all bids and readvertise for the letting of such work or to negotiate any contract after an unsuccessful public letting.Source   Laws 1949, c. 78, § 15, p. 201;   Laws 1978, LB 634, § 2;   Laws 1982, LB 868, § 9;   Laws 1984, LB 910, § 2;  Laws 2002, LB 176, § 3;  Laws 2006, LB 1175, § 5.
NE Code § 31-742 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-742 - Rules and regulations; service charges; recovery.

31-742.  Rules and regulations; service charges; recovery.The board of trustees or the administrator may make all necessary rules and regulations governing the use of the installations and the operation and control thereof. The board or the administrator may establish an initial connection charge to be paid by any person, firm, or corporation connecting to the sewer or water system, or both, at the time of connection and establish just and equitable rates or charges to be paid to it for connections and the use of the water mains, disposal plant, and sewerage system by each person, firm, or corporation whose premises are served thereby. If the service or connection charge so established is not paid when due, such sum may be recovered by the district in a civil action, or it may be certified to the county assessor and assessed against the premises served, and collected or returned in the same manner as other district taxes are certified, assessed, collected, and returned. The district, through its board of trustees or the administrator, may make contracts or agreements whereby a person or corporation, public or private, furnishing water to the inhabitants of the district, shall turn off and refuse to sell water to any such water user who is delinquent in the payment of any sewer rental or service charges over forty-five days. Notice of such discontinuance of water service to such person or corporation and water user shall be given by certified or registered mail.Source   Laws 1949, c. 78, § 16, p. 201;   Laws 1955, c. 117, § 6, p. 315;   Laws 1959, c. 129, § 2, p. 466;   Laws 1982, LB 868, § 10.
NE Code § 31-743 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-743 - District; septic tanks; discontinue use; when.

31-743.  District; septic tanks; discontinue use; when.Whenever a sewer system has been established, and dwellings in the district shall connect therewith, all septic tanks shall be dispensed with. The board of trustees or the administrator shall have the authority to institute court proceedings in a court of competent jurisdiction to carry out the provisions of this section.Source   Laws 1949, c. 78, § 17, p. 202;   Laws 1982, LB 868, § 11.
NE Code § 31-745 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-745 - Resolution; notice; hearing.

31-745.  Resolution; notice; hearing.Notice of the time and place, which place shall be in the county where the district is organized, when any such resolution shall be set for consideration before the board of trustees or the administrator, shall be given the same day each week two consecutive weeks in a newspaper of general circulation published in the county where the district was organized, which publication shall contain the entire wording of the resolution and be posted in three conspicuous places in the district. The last publication shall not be less than five days nor more than two weeks prior to the time set for hearing on objections to the adoption of any such resolution, at which hearing the owners of the property which might become subject to assessment for the contemplated improvement may appear and make objections to the proposed improvement. Thereupon the resolution may be amended and adopted or adopted as proposed.Source   Laws 1949, c. 78, § 19, p. 203;   Laws 1982, LB 868, § 13.
NE Code § 31-746 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-746 - Resolution; objections; effect.

31-746.  Resolution; objections; effect.If a petition opposing the resolution, signed by property owners representing a majority of the front footage which may become subject to assessment for the cost of any improvements as set forth by the resolution, is filed with the clerk of the district within three days before the date of the meeting for the hearing on such resolution, such resolution shall not be adopted.Source   Laws 1949, c. 78, § 20, p. 203;   Laws 1955, c. 117, § 8, p. 316;   Laws 1982, LB 868, § 14.
NE Code § 31-747 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-747 - District; resolution; improvements authorized.

31-747.  District; resolution; improvements authorized.Upon compliance with the provisions of sections 31-744 to 31-746, the board of trustees or the administrator may by resolution order the making, reconstruction, purchase, or otherwise acquiring of any of the improvements provided for in sections 31-727 to 31-762.Source   Laws 1949, c. 78, § 21, p. 203;   Laws 1982, LB 868, § 15.
NE Code § 31-748 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-748 - Improvements; contract; notice; bids.

31-748.  Improvements; contract; notice; bids.After ordering any such improvements, as provided in sections 31-727 to 31-762, the board of trustees or the administrator may enter into a contract for the construction of such improvement in one or more contracts, but no work shall be done or contract let until notice to contractors has been published in a legal newspaper of general circulation in the county where the district is organized. The notice shall be published the same day each week two consecutive weeks in such paper and shall generally state (1) the extent of the work, (2) the kinds of material to be bid upon, including in such notice all kinds of material mentioned in the resolution as provided in section 31-744, (3) the amount of the engineer's estimate of the cost of such improvements, (4) the time when bids will be received, and (5) the amount of the certified check or bid bond required to accompany the bids. Each bid shall be accompanied in a separate sealed envelope by certified check or bid bond in an amount to be named in the notice, which amount shall be not less than five percent of the engineer's total estimate of the cost, and shall be made payable to the treasurer of the district as security that the bidder to whom the contract may be awarded will enter into a contract to build the improvements in accordance with the notice to contractors and give bond in the sum named in such notice for the construction of such improvements as the notice required. Checks or bonds accompanying bids not accepted shall be returned to the bidders. The work provided for in this section shall be done under written contract with the lowest responsible bidder on the material selected after the bids are opened and in accordance with the requirements of the plans and specifications. The board of trustees or the administrator may reject any or all bids received and advertise for new bids in accordance with this section.Source   Laws 1949, c. 78, § 22, p. 203;   Laws 1979, LB 252, § 3;   Laws 1982, LB 868, § 16.