reglab/housing_qa huggingface dataset:
NE Code § 31-748.01 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-748.01 - Completion of contract; notice to district; objections; final payment; interest.

31-748.01.  Completion of contract; notice to district; objections; final payment; interest.If the contractor has furnished the district all required records and reports, the district shall after July 10, 1984, pay the contractor interest at the rate specified in section 39-1349, as such rate may from time to time be adjusted by the Legislature, on any contract amount retained and the final payment due the contractor beginning twenty days after completion of the work covered by the contract under section 31-748. The contractor shall notify the district in writing that the work has been completed and the district, within twenty days after receipt of such notice, shall give written notice to the contractor of any objections by the district to acceptance of the work.Source   Laws 1963, c. 168, § 1, p. 583;   Laws 1969, c. 253, § 1, p. 923;   Laws 1984, LB 734, § 1.
NE Code § 31-750 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-750 - Assessments; hearings; adjustment.

31-750.  Assessments; hearings; adjustment.The hearing on the proposed assessment shall be held by the board of trustees or the administrator sitting as a board of adjustment and equalization at the time and place specified in such notice and not less than twenty days nor more than thirty days after the date of the first publication, unless such session be adjourned, with provisions for proper notice of such adjournment. At such meeting, the proposed assessments shall be adjusted and equalized with reference to benefits resulting from the improvement and shall not exceed such benefits.Source   Laws 1949, c. 78, § 24, p. 205;   Laws 1982, LB 868, § 18.
NE Code § 31-751 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-751 - Special assessments; equalization; levy; certified; manner; collection.

31-751.  Special assessments; equalization; levy; certified; manner; collection.After the equalization of such special assessments as required by sections 31-727 to 31-762, such special assessments shall be levied by the board of trustees or the administrator upon all lots or parcels of ground within the district which are benefited by reason of such improvement, such levy to be made within six months after acceptance of the improvement by the board of trustees or the administrator. All such special assessments shall be levied within eighteen months after commencement of construction. Failure to levy assessments within such six-month or eighteen-month period shall not invalidate assessments made after the six-month or eighteen-month period. Such special assessments may be relevied, if for any reason the levy thereof is void or not enforceable. Such levy shall be enforced as other special assessments and any payments thereof under previous levies shall be credited to the person or property making the same. Not less than eleven and not more than twenty days after the levying of any special assessment, the clerk of the district shall certify such levy to the county treasurer and county clerk of the county. If a notice of appeal from such levy has been filed with the clerk, he or she shall note on the certificate of levy that an appeal has been commenced and that the amounts of the assessments are subject to redetermination pursuant to the appeal. All receipts given by the county treasurer for special assessments as to which an appeal is pending shall show thereon that the special assessment amount is subject to redetermination by the appeal. Upon termination of any appeal, the clerk of the district shall so certify to the county clerk and county treasurer. All assessments made for such purposes shall be collected in the same manner as general taxes and shall be subject to the same penalties or may be collected pursuant to section 77-1917.01.Source   Laws 1949, c. 78, § 25, p. 205;   Laws 1971, LB 188, § 6;   Laws 1976, LB 313, § 6;   Laws 1982, LB 868, § 19.  Cross References  Collection of taxes, see Chapter 77, article 17.
NE Code § 31-752 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-752 - Improvements; assessment of benefits; exempt property; cost; interest; rate.

31-752.  Improvements; assessment of benefits; exempt property; cost; interest; rate.The board of trustees or the administrator shall not cause to be assessed for any of the improvements herein provided, property by law not assessable, or property not included within the district defined in the preliminary resolution, and shall not assess property not benefited; Provided, in cases when such exempt property has been specially benefited by the improvements, the owner of such property shall pay the district a sum equivalent to the amount the property has been specially benefited, which amount may be recovered by the district in an action against the property owner. If the parties do not agree as to the amount of the special benefits, the amount may be determined by the district court in an action brought by the district for such purpose. The board of trustees or the administrator may find that any part or all of such improvements made are of general benefit to the district except that the board or administrator shall levy special assessments on all lots, parcels, or pieces of real estate specially benefited to the extent of the special benefits to such property. The cost of such improvements shall be paid from the assessments levied against all the property in the district, in the manner provided by section 31-755, or may be paid from unappropriated money in its general fund. The cost of the improvements shall draw interest at the rate of six percent per annum from the date of acceptance thereof by the board or administrator until warrants are issued in payment of the contract price.Source   Laws 1949, c. 78, § 26, p. 206;   Laws 1955, c. 117, § 10, p. 317;   Laws 1961, c. 138, § 9, p. 402;   Laws 1961, c. 141, § 2, p. 407;   Laws 1967, c. 191, § 1, p. 526;   Laws 1982, LB 868, § 20.
NE Code § 31-753 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-753 - Special assessments; installment payment; interest; delinquent; collection.

31-753.  Special assessments; installment payment; interest; delinquent; collection.All special assessments provided for in section 31-739 shall become due in fifty days after the date of the levy and may be paid within that time without interest, but if not so paid they shall bear interest thereafter on a per annum basis until delinquent at the greater of (1) the rate of interest accruing on construction fund warrants registered against such district sixty days prior to the actual levy of the special assessments or (2) the average rate of interest accruing on the construction fund warrants issued to pay for the improvements for which the special assessments are to be levied adjusted to the next greater one-half percent. Such assessments shall become delinquent in equal annual installments over such periods of years, not exceeding twenty, as the board of trustees or the administrator may determine at the time of making the levy. Delinquent installments shall bear interest at the rate of two percent per annum above the rate set by the district on such installments before delinquency, except that no such rate shall exceed the rate specified in section 45-104.01, as such rate may from time to time be adjusted by the Legislature. If three or more installments shall be delinquent, the board of trustees or the administrator may declare all of the remaining installments to be at once delinquent and such installments declared delinquent shall bear interest at the rate specified in section 45-104.01, as such rate may from time to time be adjusted by the Legislature, until paid and may be collected the same as other delinquent installments may be collected.Source   Laws 1949, c. 78, § 27, p. 206;   Laws 1961, c. 141, § 3, p. 408;   Laws 1971, LB 188, § 7;   Laws 1972, LB 1442, § 1;   Laws 1976, LB 313, § 7;   Laws 1980, LB 933, § 27;   Laws 1981, LB 167, § 28;   Laws 1982, LB 868, § 21;   Laws 1997, LB 531, § 3;  Laws 1999, LB 806, § 1.
NE Code § 31-754 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-754 - Special assessments; sinking fund; transfer of funds.

31-754.  Special assessments; sinking fund; transfer of funds.All special assessments provided by sections 31-727 to 31-762 and all connection charges collected shall, when levied, constitute a sinking fund for the purpose of paying the cost of the improvements herein provided for with allowable interest thereon and shall be solely and strictly applied to such purpose to the extent required; but any excess thereof may be by the board or the administrator, after fully discharging the purposes for which levied, transferred to such other fund or funds as the board of trustees or the administrator may deem advisable.Source   Laws 1949, c. 78, § 28, p. 206;   Laws 1982, LB 868, § 22.
NE Code § 31-756 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-756 - Bonds; petition; contents.

31-756.  Bonds; petition; contents.The board of trustees or the administrator of the district or such holder or holders of any bond or bonds of the district shall file in the district court for the county in which the lands of the district, or the greater portion thereof, are situated, a petition praying in effect that the proceedings aforesaid may be examined, approved, and confirmed by the court. The petition shall state the facts showing the proceedings had for the issuance and sale of the bonds, and shall state generally that the sanitary and improvement district was duly organized, and that the first board of trustees was duly elected. The petition need not state the facts showing such organization of the district or the appointment of the first board of trustees but shall state the facts relevant to the appointment of the administrator.Source   Laws 1949, c. 78, § 30, p. 207;   Laws 1982, LB 868, § 24.
NE Code § 31-757 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-757 - Bonds; petition; notice; hearing.

31-757.  Bonds; petition; notice; hearing.The court shall fix the time for the hearing of the petition, and shall order the clerk of the court to give and publish a notice of the filing of the petition. The notice shall be given by publication the same day each week three consecutive weeks. The notice shall state the time and place fixed for the hearing of the petition and prayer of the petition, and that any person interested in the organization of the district or in the proceedings for the issuance or sale of the bonds may, on or before the day fixed for the hearing of the petition, move to dismiss the petition or answer thereto. The petition may be referred to and described in the notice as the petition of .......................... (giving its name) praying that the proceedings for the issuance and sale of such bonds of such district may be examined, approved, and confirmed by the court.Source  Laws 1949, c. 78, § 31, p. 207.
NE Code § 31-758 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-758 - Bonds; petition; answer; rules of procedure.

31-758.  Bonds; petition; answer; rules of procedure.Any person interested in the district, or in the issuance or sale of the bonds, may move to dismiss the petition, or file an answer thereto. The provisions of the code of civil procedure respecting motions and answer to a petition shall be applicable to motions and answer to the petition in such special proceedings. The persons so filing motions and answering the petition shall be the defendants to the special proceedings, and the board of trustees shall be the plaintiff. Every material statement of the petition not specially controverted by the answer must, for the purpose of such special proceedings, be taken as true. Each person failing to answer the petition shall be deemed to admit as true all the material statements of the petition. The rules of pleading and practice provided by the code of civil procedure which are not inconsistent with the provisions of sections 31-727 to 31-762 are applicable to the special proceedings herein provided for.Source  Laws 1949, c. 78, § 32, p. 208. Cross References  Rules of pleading promulgated by Supreme Court, see section 25-801.01.
NE Code § 31-759 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-759 - Bonds; proceedings; jurisdiction of court; statement.

31-759.  Bonds; proceedings; jurisdiction of court; statement.Upon the hearing of such special proceedings, the court shall have the power and jurisdiction to examine and determine the legality and validity of, and approve and confirm or disapprove and disaffirm, each and all of the proceedings for the organization of such district under sections 31-727 to 31-762, from and including the petition for the organization of the district, and all other proceedings which may affect the legality or validity of the bonds and the order of the sale and the sale thereof. The court in inquiring into the regularity, legality, or correctness of such proceedings shall disregard an error, irregularity, or omission which does not affect the substantial rights of the parties to such special proceedings. It may approve and confirm such proceedings in part and disapprove and declare illegal or invalid other and subsequent parts of the proceedings. The court shall find and determine whether the notice of the filing of the petition has been duly given and published for the time and in the manner prescribed in section 31-757. The costs of the special proceedings may be allowed and apportioned between the parties in the discretion of the court. If the court shall determine the proceedings for the organization of the district and for the voting and issuing of the bonds legal and valid, the board of trustees or the administrator shall then prepare a written statement beginning with the filing of the petition for the organization of the district, including all subsequent proceedings for the organization of the district and voting and issuing of the bonds, and ending with the decree of the court finding the proceedings for the organization of the district and the proceedings for the voting and issuing of the bonds legal and valid. The written statement shall be certified under oath by the board of trustees or the administrator of the district.Source   Laws 1949, c. 78, § 33, p. 208;   Laws 1982, LB 868, § 25;  Laws 2001, LB 420, § 26.
NE Code § 31-762 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-762 - Sections; supplementary to existing law.

31-762.  Sections; supplementary to existing law.Sections 31-727 to 31-762 are supplementary to existing statutes and confer upon sanitary and improvement districts powers not heretofore granted and sections 31-727 to 31-762 shall not be construed as repealing or amending any existing statute.Source  Laws 1949, c. 78, § 36, p. 211.
NE Code § 31-762.01 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-762.01 - District located near solid waste disposal site; improvements or facilities; approval requirements.

31-762.01.  District located near solid waste disposal site; improvements or facilities; approval requirements.(1) In addition to any authority granted to a city, village, or county under sections 31-727 to 31-762 to review or approve any actions or proposed actions of a sanitary and improvement district, any sanitary and improvement district which includes real property located within one mile of the boundary of a solid waste disposal site for which a permit application is pending or for which a permit has been issued pursuant to section 13-2036 shall obtain the approval of the governing body of any county, municipality, or agency which has applied for or which is a holder of such permit prior to entering into any contract or agreement for or otherwise providing for building, reconstructing, purchasing, or otherwise acquiring or providing any improvements or facilities pursuant to section 31-727, 31-740, or 31-744, and prior to the acquisition of any property pursuant to section 31-736, 31-737, or 31-738.(2) Approval under this section shall be based upon a determination by the county, municipality, or agency:(a) That the proposed action by the sanitary and improvement district will not hinder, impede, obstruct, interfere with, or unduly burden the county, municipality, or agency in the performance of its duties and responsibilities under the Integrated Solid Waste Management Act;(b) That the proposed action by the sanitary and improvement district is consistent with the preservation of the public health, safety, and welfare under the provisions of such act; and(c) That the proposed action by the sanitary and improvement district will not create financial burdens upon the county, municipality, or agency responsible for a facility in the construction, operation, management, closure, or postclosure care of the facility disproportionate to the benefits from the proposed action to be derived by the owners of the land within the sanitary and improvement district making a reasonable use of their land.(3) For purposes of this section, county, municipality, facility, and agency shall have the definitions provided in the Integrated Solid Waste Management Act.Source  Laws 1994, LB 1207, § 13. Cross References  Integrated Solid Waste Management Act, see section 13-2001.
NE Code § 31-763 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-763 - Annexation of territory by a city or village; effect on certain contracts.

31-763.  Annexation of territory by a city or village; effect on certain contracts.(1) Whenever any city or village annexes all the territory within the boundaries of any sanitary and improvement district organized under the provisions of sections 31-701 to 31-726.01 as such sections existed prior to July 19, 1996, or under sections 31-727 to 31-762, the district shall merge with the city or village and the city or village shall succeed to all the property and property rights of every kind, contracts, obligations, and choses in action of every kind, held by or belonging to the district, and the city or village shall be liable for and recognize, assume, and carry out all valid contracts and obligations of the district. All taxes, assessments, claims, and demands of every kind due or owing to the district shall be paid to and collected by the city or village. Any special assessments which the district was authorized to levy, assess, relevy, or reassess, but which were not levied, assessed, relevied, or reassessed, at the time of the merger, for improvements made by it or in the process of construction or contracted for may be levied, assessed, relevied, or reassessed by the annexing city or village to the same extent as the district may have levied or assessed but for the merger. Nothing in this section shall authorize the annexing city or village to revoke any resolution, order, or finding made by the district in regard to special benefits or increase any assessments made by the district, but such city or village shall be bound by all such findings or orders and assessments to the same extent as the district would be bound. No district so annexed shall have power to levy any special assessments after the effective date of such annexation.(2) Any contract entered into on or after August 30, 2015, by a sanitary and improvement district for solid waste collection services shall, upon annexation of such district by a city or village, be canceled and voided.Source   Laws 1959, c. 130, § 1, p. 467;   Laws 1969, c. 255, § 1, p. 925;  Laws 2015, LB324, § 5;  Laws 2018, LB130, § 1.  Annotations  Upon annexation of sanitary and improvement district by Omaha, in absence of fraud, Omaha was bound by all findings, orders, and assessments made by district to same extent as district. Pedersen v. Westroads, Inc., 189 Neb. 236, 202 N.W.2d 198 (1972). This section covers the annexation by a city of all of the property within the boundaries of a sanitary and improvement district. Sanitary & Improvement Dist. v. City of Ralston, 182 Neb. 63, 152 N.W.2d 111 (1967).
NE Code § 31-764 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-764 - Annexation; trustees; administrator; accounting; effect; special assessments prohibited.

31-764.  Annexation; trustees; administrator; accounting; effect; special assessments prohibited.The trustees or administrator of a sanitary and improvement district shall, within thirty days after the effective date of the merger, submit to the city or village a written accounting of all assets and liabilities, contingent or fixed, of the district. Unless the city or village within six months thereafter brings an action against the trustees or administrator of the district for an accounting or for damages for breach of duty, the trustees or administrator shall be discharged of all further duties and liabilities and their bonds exonerated. If the city or village brings such an action and does not recover judgment in its favor, the taxable costs may include reasonable expenses incurred by the trustees or administrator in connection with such suit and a reasonable attorney's fee for the trustees' or administrator's attorney. The city or village shall represent the district and all parties who might be interested in such an action. The city or village and such trustees or administrator shall be the only necessary parties to such action. Nothing contained in this section shall authorize the trustees or administrator to levy any special assessments after the effective date of the merger.Source   Laws 1959, c. 130, § 2, p. 468;   Laws 1969, c. 255, § 2, p. 926;   Laws 1976, LB 313, § 9;   Laws 1982, LB 868, § 26;  Laws 2018, LB130, § 2.  Annotations No action for accounting or damages having been filed, city of Omaha assumed all general obligations upon merger. Pedersen v. Westroads, Inc., 189 Neb. 236, 202 N.W.2d 198 (1972).
NE Code § 31-765 (2021)
2021 Nebraska Revised Statutes|Chapter 31 - Drainage|31-765 - Annexation; when effective; trustees; administrator; duties; special assessments prohibited.

31-765.  Annexation; when effective; trustees; administrator; duties; special assessments prohibited.The merger shall be effective thirty days after the effective date of the ordinance annexing the territory within the sanitary and improvement district. If the validity of the ordinance annexing the territory is challenged by a proceeding in a court of competent jurisdiction, the effective date of the merger shall be thirty days after the final determination of the validity of the ordinance. The trustees or administrator of the sanitary and improvement district shall continue in possession and conduct the affairs of the district until the effective date of the merger, but shall not during such period levy any special assessments after the effective date of annexation.Source   Laws 1959, c. 130, § 3, p. 468;   Laws 1969, c. 255, § 3, p. 926;   Laws 1982, LB 868, § 27;  Laws 2018, LB130, § 3.  Annotations  This section operates to stay a proposed merger until a court can make a final determination as to its merits. United States Cold Storage v. City of La Vista, 285 Neb. 579, 831 N.W.2d 23 (2013). A court decree confirming legality of municipal bonds does not adjudicate collateral matters, nor the validity of a fiscal agent's fee. Hayes v. Sanitary & Improvement Dist. No. 194, 196 Neb. 653, 244 N.W.2d 505 (1976). Merger of district and city is effective thirty days after the effective date of ordinance annexing the territory within the district. Sanitary & Improvement Dist. v. City of Ralston, 182 Neb. 63, 152 N.W.2d 111 (1967).