reglab/housing_qa huggingface dataset:
NE Code § 46-144 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-144 - Special assessment; warrants; election; notice; rate of assessment; disposition of proceeds.

46-144.  Special assessment; warrants; election; notice; rate of assessment; disposition of proceeds.The board of directors may at any time, when in its judgment it may be advisable, call a special election and submit to the qualified electors of the district the question whether or not a special assessment shall be levied for the purpose of raising money to be applied for any of the purposes provided for in sections 46-101 to 46-1,111, including the purpose of creating a construction fund to be financed by the issuance of warrants, the principal of which warrants shall be payable, in not to exceed twenty years, with interest paid annually thereon not to exceed ten percent per annum. Such warrants may not be issued in the aggregate to exceed ninety percent of the fund anticipated to be raised over the years by special assessment authorized in this section. Such election shall be called upon the notice prescribed and shall be held and the result thereof determined and declared in all respects in conformity with such sections. The notice of such election shall specify the aggregate amount of money proposed to be raised, the purpose for which it is intended to be raised, the number of years in which such special assessment will be made, and whether or not warrants as authorized in this section will be to finance the construction fund so that contracts may be let and the project completed before collection of the tax. The ballots shall contain the words Assessment ............ Yes, or Assessment ........... No. If a majority of the votes are Assessment ............ Yes, the board shall at the time of the annual levy thereunder levy an assessment sufficient to raise the amount paid. The rate of assessment shall be ascertained by deducting fifteen percent for anticipated delinquencies from the aggregate taxable value of the property in the district as it appears on the assessment roll for the current year and then dividing the sum by the remainder of such aggregate taxable value. The assessment so levied and computed shall be entered on the assessment roll and upon the tax list by the county clerk and collected at the same time and in the same manner as other assessments, and all revenue laws of this state for the collection and sale of land for taxes are hereby made applicable to the assessment provided for in this section. When collected such assessment shall be paid over by the county treasurer to the district treasurer for the purpose specified in the notice in such special election.Source   Laws 1895, c. 70, § 28, p. 289;   Laws 1897, c. 86, § 8, p. 365;   R.S.1913, § 3486;   C.S.1922, § 2886;   C.S.1929, § 46-131;   R.S.1943, § 46-144;   Laws 1972, LB 1509, § 2;   Laws 1979, LB 187, § 169;   Laws 1981, LB 146, § 1;   Laws 1992, LB 719A, § 149.  Cross References   Collection of taxes, see Chapter 77, article 17.  Delinquent taxes, sale of land, see Chapter 77, article 18.
NE Code § 46-145 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-145 - Construction of works; notice; bond of contractor; bids; letting.

46-145.  Construction of works; notice; bond of contractor; bids; letting.After adopting a plan of such canal or canals, storage reservoirs, and works, the board of directors shall give notice, by publication thereof not less than twenty days in one newspaper published in each of the counties composing the district, provided a newspaper is published therein, and in such other newspapers as it may deem advisable, calling for bids for the construction of the work or any portion thereof, and if less than the whole work is advertised, then the portion so advertised must be particularly described in such notice. The notice shall set forth that plans and specifications can be seen at the office of the board, and that the board will receive sealed proposals therefor, and that the contract will be let to the lowest responsible bidder, stating the time and place for opening the proposals, which at the time and place shall be opened in public. As soon as convenient thereafter the board shall let such work, either in part or as a whole, to the lowest responsible bidder, or it may reject any or all bids and readvertise for proposals, or may proceed to construct the work under its own superintendence with the labor of the residents of the district. Contracts for the purchase of material shall be awarded to the lowest responsible bidder. The person or persons to whom a contract may be awarded shall enter into a bond with good and sufficient sureties, to be approved by the board payable to such district for its use, to an amount equal to twenty-five percent of the contract price, for the faithful performance of the contract; Provided, however, in case twenty-five percent of the contract price shall exceed the sum of fifty thousand dollars, then such bond shall be in the sum of fifty thousand dollars. The work shall be done under the direction and to the satisfaction of the engineer and be approved by the board. The provisions of this section shall not apply in the case of any contract between the district and the United States.Source   Laws 1895, c. 70, § 22, p. 285;   Laws 1911, c. 161, § 1, p. 533;   R.S.1913, § 3480;   Laws 1915, c. 69, § 7, p. 179;   C.S.1922, § 2880;   C.S.1929, § 46-125;   R.S.1943, § 46-145. Cross References  For other provisions for letting of contracts, see Chapter 73.Annotations Provisions must be complied with before board is authorized to proceed with construction. Reasonable value of services, not exceeding contract price, can be recovered under authorized contract of directors, even though same is illegal, where district has received benefit. Lincoln & Dawson County Irr. Dist. v. McNeal, 60 Neb. 613, 83 N.W. 847 (1900).
NE Code § 46-146 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-146 - Claims against district; warrants; interest; payment; procedure.

46-146.  Claims against district; warrants; interest; payment; procedure.No claim shall be paid by the district treasurer until the same shall have been allowed by the board of directors and only upon warrants signed by the president and countersigned by the secretary. If the district treasurer does not have sufficient money on hand to pay such warrant when presented for payment, he or she shall endorse thereon not paid for want of funds and the date when presented over his or her signature. From the time of such presentation until paid such warrants shall draw interest payable when redeemed or annually at the discretion of the board of directors. Whenever there is no cash on hand in the district treasury for the payment of general fund warrants when presented, the board of directors may issue from time to time general fund warrants in denominations not greater than ten thousand dollars to the aggregate amount required. In no case shall such warrants be in an amount greater than ninety percent of the general fund levy for the current year. Such warrants shall be drawn on the general fund levy for the current year and be payable to the irrigation district. The board of directors may sell or discount the same to the best advantage possible, but not at a discount to exceed ten percent. The board shall deposit the proceeds of such sale in some local bank, capital stock financial institution, or qualifying mutual financial institution in the name of the district, subject to the check of the chairperson of such district, countersigned by the secretary, in payment of any claim or claims ordered paid out of such fund by the board of directors. Section 77-2366 shall apply to deposits in capital stock financial institutions. Section 77-2365.01 shall apply to deposits in qualifying mutual financial institutions.Source   Laws 1895, c. 70, § 23, p. 286;   Laws 1897, c. 86, § 6, p. 364;   R.S.1913, § 3481;   Laws 1917, c. 84, § 1, p. 197;   C.S.1922, § 2881;   Laws 1923, c. 97, § 3, p. 250;   Laws 1929, c. 131, § 1, p. 481;   C.S.1929, § 46-126;   R.S.1943, § 46-146;   Laws 1969, c. 51, § 110, p. 341;   Laws 1981, LB 146, § 2;   Laws 1989, LB 33, § 26;  Laws 2001, LB 362, § 30.  Annotations  In absence of levy, officers of irrigation district are without power to issue warrants. Elliott v. Calamus Irr. Dist., 120 Neb. 714, 235 N.W. 95 (1931). Irrigation district, organized after county board was induced to believe that law was complied with, is corporation de facto, and liable on warrants. Draver v. Greenshields & Everest Co., 29 F.2d 552 (8th Cir. 1928).
NE Code § 46-147 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-147 - Construction fund; deposit with county treasurer; when authorized; disbursement.

46-147.  Construction fund; deposit with county treasurer; when authorized; disbursement.The board may draw from time to time from the construction fund, and deposit it in the county treasury of the county where the office of the board is situated, any sum in excess of the sum of twenty-five thousand dollars. The county treasurer is hereby authorized and required to receive and receipt for the same, and place the same to the credit of the district, and he shall be responsible upon his official bond for the safekeeping and disbursement of the same, as provided in sections 46-147 and 46-148. He shall pay out the same, or any part thereof, to the treasurer of the district only, and upon the order of the board, signed by the president and attested by the secretary.Source   Laws 1895, c. 70, § 23, p. 286;   Laws 1897, c. 86, § 6, p. 364;   R.S.1913, § 3481;   Laws 1917, c. 84, § 1, p. 198;   C.S.1922, § 2881;   Laws 1923, c. 97, § 3, p. 251;   Laws 1929, c. 131, § 1, p. 482;   C.S.1929, § 46-126;   R.S.1943, § 46-147.
NE Code § 46-148 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-148 - County treasurer; reports to district board; contents.

46-148.  County treasurer; reports to district board; contents.The county treasurer shall report in writing on the second Monday in each month the amount of money in the county treasury, the amount of receipts for the month preceding, and the amount of money paid out. The report shall be verified and filed with the secretary of the board.Source   Laws 1895, c. 70, § 23, p. 286;   Laws 1897, c. 86, § 6, p. 364;   R.S.1913, § 3481;   Laws 1917, c. 84, § 1, p. 198;   C.S.1922, § 2881;   Laws 1923, c. 97, § 3, p. 251;   Laws 1929, c. 131, § 1, p. 482;   C.S.1929, § 46-126;   R.S.1943, § 46-148.
NE Code § 46-149 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-149 - District treasurer; reports to district board; contents; warrants; register; order of payment.

46-149.  District treasurer; reports to district board; contents; warrants; register; order of payment.The district treasurer shall also report to the board in writing, on the first Monday of each month the amount of money in the district treasury, the amount of receipts for the month preceding and the amount of items and expenditures, and such report shall be verified and filed with the secretary of the board. The district treasurer shall keep a register in which he shall enter each warrant presented for payment showing the date and amount of such warrant, to whom payable, the date of the presentation for payment, the date of payment, and the amount paid in redemption thereof, and all warrants shall be paid in the order of their presentation for payment to the district treasurer.Source   Laws 1895, c. 70, § 23, p. 286;   Laws 1897, c. 86, § 6, p. 364;   R.S.1913, § 3481;   Laws 1917, c. 84, § 1, p. 198;   C.S.1922, § 2881;   Laws 1923, c. 97, § 3, p. 251;   Laws 1929, c. 131, § 1, p. 483;   C.S.1929, § 46-126;   R.S.1943, § 46-149.
NE Code § 46-150 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-150 - Warrants; form.

46-150.  Warrants; form.All warrants shall be drawn payable to the claimant or bearer, the same as county warrants, except as otherwise herein provided.Source   Laws 1897, c. 86, § 6, p. 365;   R.S.1913, § 3481;   Laws 1917, c. 84, § 1, p. 198;   C.S.1922, § 2881;   Laws 1923, c. 97, § 3, p. 251;   Laws 1929, c. 131, § 1, p. 483;   C.S.1929, § 46-126;   R.S.1943, § 46-150. Cross References  For provisions as to interest on warrants, see section 45-106.Annotations Warrants issued by officers of irrigation district prior to levy and when no fund exists are void. Elliott v. Calamus Irr. Dist., 120 Neb. 714, 235 N.W. 95 (1931).
NE Code § 46-151 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-151 - Cost of construction; when payable in bonds; issuance of additional bonds; additional levy.

46-151.  Cost of construction; when payable in bonds; issuance of additional bonds; additional levy.The cost and expense of purchasing and acquiring property and constructing the works and improvements provided for in the Irrigation District Act shall be wholly paid out of the construction fund, or in the bonds of the irrigation district at their par value, after having first advertised the same for sale as provided in section 46-1,100, and having received no bids therefor of ninety-five percent or upwards of their face value. In case such bonds or the money raised by their sale is insufficient for the purposes for which the bonds were issued, additional bonds may be issued, after submission of the question at a general or special election to the electors of the district. In case of the issuance of additional bonds, the lien for taxes for the payment of the interest and principal of such issue shall be a subsequent lien to any prior bond issue. However, the provisions of this section shall not apply where the cost and expense of purchasing and acquiring property and constructing the works and improvements provided for in the Irrigation District Act are covered by contract between the district and the United States. In lieu of the issuance of additional bonds, the board of directors may provide for the completion of the irrigation system of the district by the levy of an assessment therefor in the same manner in which levy of an assessment is made for the other purposes provided in the Irrigation District Act.Source   Laws 1895, c. 70, § 24, p. 287;   Laws 1899, c. 78, § 2, p. 334;   Laws 1913, c. 37, § 1, p. 131;   R.S.1913, § 3482;   Laws 1915, c. 69, § 8, p. 179;   C.S.1922, § 2882;   C.S.1929, § 46-127;   R.S.1943, § 46-151;  Laws 2015, LB561, § 9.  Annotations  Expense of engineer for survey and plans is preliminary and payable out of construction fund. Willow Springs Irr. Dist. v. Wilson, 74 Neb. 269, 104 N.W. 165 (1905). Construction fund must be provided before indebtedness incurred for construction. Lincoln & Dawson County Irr. Dist. v. McNeal, 60 Neb. 613, 83 N.W. 847 (1900). Amendment of 1899 was valid. Baltes v. Farmers Irr. Dist., 60 Neb. 310, 83 N.W. 83 (1900).
NE Code § 46-152 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-152 - Cost of organization, operation, and improvements; how paid; tolls; assessments; borrowing.

46-152.  Cost of organization, operation, and improvements; how paid; tolls; assessments; borrowing.For the purpose of defraying the expenses of the organization of the district, and the care, operation, management, repair and improvement of such portions of such canal and works as are completed and in use, including salaries of officers and employees, or repayment of any contract for construction by and between the United States of America and any irrigation district as provided in section 46-126, the board may either fix rates of tolls and charges, and collect the same from all persons using such canal for irrigation or other purposes, or may provide for the payment of such expenditures by a levy of assessments therefor, or by both tolls and assessments; if by the latter method, such levy shall be made upon the completion and equalization of the assessment roll; and the board shall have the same powers and functions for the purposes of such levy as are now possessed by boards of supervisors in this state, and such assessment shall be collected as provided in section 46-136. If, after the annual assessment for the current year, the funds provided are for some unusual or unforeseen cause insufficient for the proper maintenance and operation of the district, the board of directors shall have the power to borrow additional funds needed, to an amount not to exceed fifty cents per acre for the land embraced in the district, pledging credit of the district for the payment of the same, and shall include in the estimate for the levy for the ensuing year for the general fund the amount so borrowed, and provide for the payment of the same.Source   Laws 1895, c. 70, § 24, p. 287;   Laws 1899, c. 78, § 2, p. 334;   Laws 1913, c. 37, § 1, p. 132;   R.S.1913, § 3482;   Laws 1915, c. 69, § 8, p. 180;   C.S.1922, § 2882;   C.S.1929, § 46-127;   R.S.1943, § 46-152;   Laws 1967, c. 280, § 2, p. 758.
NE Code § 46-153 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-153 - Construction across streams, highways, railroads, and ditches; right-of-way over state lands; state water and water rights.

46-153.  Construction across streams, highways, railroads, and ditches; right-of-way over state lands; state water and water rights.The board of directors shall have the power to construct such works across any stream of water, watercourse, street, avenue, highway, railway, canal, ditch or flume which the route of such canal or canals may intersect or cross, in such manner as to afford security for life and property; but the board shall restore the same, when so crossed or intersected, to its former state as nearly as may be, or in a sufficient manner not to have impaired unnecessarily its usefulness. Every company whose railroad shall be intersected or crossed by such works shall unite with the board in forming such intersections and crossings, and grant the privilege aforesaid; and if such railroad company and such board, or the owners and controllers of the property, thing or franchise so to be crossed, cannot agree upon the amount to be paid therefor, or the points or the manner of the crossings, the same shall be ascertained and determined in all respects as is provided in respect to the taking of land. The right-of-way is hereby given, dedicated, and set apart, to locate, construct and maintain such works over and through any of the lands which are or may be the property of the state; and also there is given, dedicated, and set apart for the use and purposes aforesaid, all water and water rights belonging to this state within the district.Source   Laws 1895, c. 70, § 25, p. 287;   R.S.1913, § 3483;   C.S.1922, § 2883;   C.S.1929, § 46-128;   R.S.1943, § 46-153. Annotations  Irrigation canal may cross another stream. Ainsworth Irr. Dist. v. Bejot, 170 Neb. 257, 102 N.W.2d 416 (1960). Grant by the Legislature of right-of-way over public school lands is an unconstitutional interference with the control of public school lands vested in the Board of Educational Lands and Funds. State ex rel. Johnson v. Central Nebraska Public Power & Irr. Dist., 143 Neb. 153, 8 N.W.2d 841 (1943). Public power districts are governed by the statute relating to irrigation districts as to their appropriation, crossing, and use of highways. Wright v. Loup River Public Power Dist., 133 Neb. 715, 277 N.W. 53 (1938).
NE Code § 46-154 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-154 - Directors; salaries and expenses; officers, employees, attorneys, and agents; compensation.

46-154.  Directors; salaries and expenses; officers, employees, attorneys, and agents; compensation.The board of directors shall provide a payment for each director of not to exceed seventy dollars per day for each day that a director attends meetings of the board or is engaged in matters concerning the district, but not to exceed two thousand eight hundred dollars per annum. Each director shall also be paid necessary traveling expenses actually incurred while engaged in the performance of his or her duties, including mileage at the rate provided in section 81-1176. The board shall fix the compensation to be paid to the other officers named in sections 46-101 to 46-1,111, including the secretary, the assessor, and the treasurer to be paid out of the treasury of the district. The board may also employ a chief engineer, an attorney, and such other agents, assistants, and employees as may be necessary and provide for their compensation.Source   Laws 1895, c. 70, § 26, p. 288;   Laws 1897, c. 86, § 7, p. 365;   R.S.1913, § 3484;   C.S.1922, § 2884;   C.S.1929, § 46-129;   R.S.1943, § 46-154;   Laws 1951, c. 149, § 1, p. 597;   Laws 1961, c. 226, § 1, p. 670;   Laws 1979, LB 282, § 1;   Laws 1981, LB 204, § 75;  Laws 2000, LB 901, § 2.
NE Code § 46-155 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-155 - Director or officer; interest in contract prohibited; accepting gratuity or bribe; penalty; forfeiture of office.

46-155.  Director or officer; interest in contract prohibited; accepting gratuity or bribe; penalty; forfeiture of office.No director or any officer named in sections 46-101 to 46-1,111 shall in any manner be interested, directly or indirectly, in any contract awarded or to be awarded by the board, or in the profits to be derived therefrom, nor shall receive any bonds, gratuity or bribe. For any violation of this provision, such officer shall be guilty of a Class IV felony, and conviction thereof shall work a forfeiture of his office.Source   Laws 1895, c. 70, § 27, p. 288;   R.S.1913, § 3485;   C.S.1922, § 2885;   C.S.1929, § 46-130;   R.S.1943, § 46-155;   Laws 1977, LB 40, § 255.
NE Code § 46-157 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-157 - Apportionment of water; duty of water commissioners.

46-157.  Apportionment of water; duty of water commissioners.In case the volume of water in any stream or river shall not be sufficient to supply the continual wants of the entire country through which it passes, and susceptible of irrigation therefrom, then it shall be the duty of the water commissioners, constituted as hereinafter provided, to apportion in a just and equitable proportion, a certain amount of such water upon certain or alternate weekly days to different localities as they may, in their judgment, think best for the interest of all parties concerned, and with due regard to the legal and equitable rights of all. The water commissioners shall consist of the chairman of the board of directors of each of the districts affected.Source   Laws 1895, c. 70, § 30, p. 290;   R.S.1913, § 3488;   C.S.1922, § 2888;   C.S.1929, § 46-133;   R.S.1943, § 46-157.