reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-194 - Plan of operation; construction work; bonds; issuance; special election; notice; procedure.

46-194.
Plan of operation; construction work; bonds; issuance; special election; notice; procedure.
Upon receiving the report, the board of directors shall proceed to determine the amount of money necessary to be raised, and shall immediately thereupon call a special election, at which shall be submitted to the electors of such district possessing the qualifications prescribed by section 46-102, the question of whether or not the bonds of such district shall be issued and the amount so determined;
Provided,
such bonds shall not be issued for more than the actual estimated cost of such ditches, the purchase price of ditches, the cost of construction work, all as contained in its general plan of operation, as well as the first year's interest upon such bond issue. Notice of such election must be given by posting notice in three public places in each election precinct in the district for at least twenty days, and also by publication of such notice in some newspaper published in the county where the office of the board of directors of such district is required to be kept, once a week for at least three successive weeks. Such notice must specify the time of holding the election, the amount of bonds proposed to be issued, and the election must be held, and the result thereof determined and declared in all respects as nearly as practicable in conformity with the provisions of sections 46-111 to 46-118 governing the election of officers;
Provided,
no informalities in conducting such an election shall invalidate the same if the election shall have been otherwise fairly conducted. At such election, the ballots shall contain the words, Bonds ..... Yes, or Bonds ..... No, or words equivalent thereto.
Source
Laws 1895, c. 70, § 13, p. 278;
Laws 1903, c. 122, § 1, p. 622;
Laws 1909, c. 155, § 2, p. 562;
Laws 1911, c. 160, § 1, p. 529;
R.S.1913, § 3469;
C.S.1922, § 2869;
C.S.1929, § 46-113;
R.S.1943, § 46-194.
Cross References
Bonds of indebtedness:
Registration, see section 10-209.
Suit on, state made party, when, see section 25-21,201.
Annotations
No specific requirement is made as to the form of notice to be given to the electors. Frenchman Valley Irr. Dist. v. Smith, 167 Neb. 78, 91 N.W.2d 415 (1958).
Bonds issued hereunder are classed as construction bonds as distinguished from refinance bonds. State ex rel. Brown v. Taylor, 125 Neb. 228, 249 N.W. 586 (1933).
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-195 - Bonds; schedule of maturity.

46-195.
Bonds; schedule of maturity.
If a majority of the votes cast are in favor of issuing such bonds, the board of directors shall immediately cause bonds in such amount to be issued. The bonds shall be payable in lawful money of the United States, as follows: At the expiration of eleven years not less than five percent of the bonds; at the expiration of twelve years, not less than six percent; at the expiration of thirteen years, not less than seven percent; at the expiration of fourteen years, not less than eight percent; at the expiration of fifteen years, not less than nine percent; at the expiration of sixteen years, not less than ten percent; at the expiration of seventeen years, not less than eleven percent; at the expiration of eighteen years, not less than thirteen percent; at the expiration of nineteen years, not less than fifteen percent; and for the twentieth year a percentage sufficient to pay off the bonds. Any such district may by a majority vote provide for the issuance of bonds that will mature in any number of years less than twenty, and arrange for the payment thereof in installments at the same ratio as above provided. The district may also, at its option, redeem any bonds issued at any time on or after five years from the date of issuance thereof.
Source
Laws 1895, c. 70, § 13, p. 279;
Laws 1903, c. 122, § 1, p. 623;
Laws 1909, c. 155, § 2, p. 562;
Laws 1911, c. 160, § 1, p. 530;
R.S.1913, § 3469;
C.S.1922, § 2869;
C.S.1929, § 46-113;
R.S.1943, § 46-195;
Laws 1947, c. 15, § 17, p. 92.
Cross References
Other provisions for payment of bonds, see section 10-126.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-196 - Bonds; interest; dates and place of payment.

46-196.
Bonds; interest; dates and place of payment.
Such bonds shall bear interest payable semiannually on the first day of January and July of each year. The principal and interest shall be payable at the office of the treasurer of the county in which the district originally organized.
Source
Laws 1895, c. 70, § 13, p. 280;
Laws 1903, c. 122, § 1, p. 623;
Laws 1909, c. 155, § 2, p. 563;
Laws 1911, c. 160, § 1, p. 531;
R.S.1913, § 3469;
C.S.1922, § 2869;
C.S.1929, § 46-113;
R.S.1943, § 46-196;
Laws 1969, c. 51, § 111, p. 341.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-197 - Bonds; form; contents.

46-197.
Bonds; form; contents.
The bonds shall be each of the denomination of not less than one hundred dollars or more than five hundred dollars, negotiable in form, executed in the name of the district, and signed by the president and secretary, and the seal of the district shall be affixed thereto. They shall be numbered consecutively as issued and bear date at the time of their issue. Coupons for the interest shall be attached to each bond, signed by the president and secretary. The bonds shall express on their face that they were issued by the authority of Chapter 46, article 1. Each bond shall be made payable at the given time for its entire amount, and the bonds shall be issued in series only, each series being payable at the expiration of a certain number of years.
Source
Laws 1895, c. 70, § 13, p. 280;
Laws 1903, c. 122, § 1, p. 623;
Laws 1909, c. 155, § 2, p. 563;
Laws 1911, c. 160, § 1, p. 531;
R.S.1913, § 3469;
C.S.1922, § 2869;
C.S.1929, § 46-113;
R.S.1943, § 46-197;
Laws 1995, LB 589, § 9.
Annotations
Bonds issued in violation of requirement that they shall be signed by president and secretary and have seal affixed are void, and payment of interest does not ratify them. Paxton Irr. Dist. v. Conway, 94 Neb. 205, 142 N.W. 797 (1913).
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-198 - Bonds; record; interest on coupons; special election; procedures.

46-198.
Bonds; record; interest on coupons; special election; procedures.
The secretary shall keep a record of the bonds sold, their number, date of sale, the prices received, and the name of the purchaser. Such district, by a majority vote, may provide and authorize the payment of interest on any or all due and unpaid interest coupons attached to valid and outstanding bonds of such district heretofore or hereafter issued and sold, from the date of registration of such interest coupons for payment or if previously registered, then from the date of such election to pay such interest, until paid. Such question may be submitted at any general or special election of the district by ballot, which shall generally describe the bonds to which such coupons are attached upon which such interest is to be paid, by number, series, and date of issue, and such ballots shall be in substantially the following form: For the payment of interest on coupons attached to bonds numbered ... series ... dated ... at ... percent per annum. Yes .... ( ), No ..... ( ). Such election shall be governed by the laws in force relating to bond elections in such districts, and if a majority of the ballots cast on such proposition shall be in favor thereof the board of directors shall declare the same adopted, and the funds to pay such interest shall be estimated and included in the levy for the bond fund of such irrigation district as provided by law. Thereafter, upon the presentation of any bond with coupons attached, or any detached coupons of such bonds, upon which interest is payable under the provisions of this section, the treasurer shall stamp or write on such coupons "bears interest at ... percent per annum from the registration for payment (or if previously registered for payment, then from date of election to pay interest).
........................
County Treasurer."
Payment of such coupon shall include the payment of the interest accruing under this section.
Source
Laws 1909, c. 155, § 2, p. 563;
Laws 1911, c. 160, § 1, p. 531;
R.S.1913, § 3469;
C.S.1922, § 2869;
C.S.1929, § 46-113;
R.S.1943, § 46-198;
Laws 1969, c. 51, § 112, p. 342.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-199 - Construction work; annual report by board of directors; duty of Director of Natural Resources.

46-199.
Construction work; annual report by board of directors; duty of Director of Natural Resources.
At least as often as once a year after organization, the board of directors shall make a report to the Director of Natural Resources of the condition of the work of construction, as to capacity, stability, and permanency, whether or not the plan of irrigation formulated under section 46-193 is being successfully carried out, and whether or not, in the opinion of the board, the funds available will complete the proposed works. Upon the receipt of such report by the Director of Natural Resources, he or she shall make such suggestions and recommendations to such board of directors as he or she may deem advisable for the best interest of the district.
Source
Laws 1909, c. 155, § 2, p. 564;
Laws 1911, c. 160, § 1, p. 532;
R.S.1913, § 3469;
C.S.1922, § 2869;
C.S.1929, § 46-113;
R.S.1943, § 46-199;
Laws 2000, LB 900, § 91.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1,100 - Bonds; sale; notice; procedure.

46-1,100.
Bonds; sale; notice; procedure.
The board may sell such bonds from time to time in such quantities as may be necessary and most advantageous to raise the money for the construction of such canals and works, the acquisition of property and rights and otherwise to fully carry out the object and purposes of sections 46-101 to 46-1,111. Before making any sale, the board shall at a meeting, by resolution declare its intention to sell a specified amount of the bonds and the day and hour and place of such sale, and shall cause such resolution to be entered in the minutes, and notice of the sale to be given by publication thereof at least twenty days in a daily newspaper published in each of the cities of Omaha and Lincoln, and in any other newspaper, at its discretion. The notice shall state that sealed proposals will be received by the board at its office, for the purchase of the bonds, till the day and hour named in the resolution. At the time appointed the board shall open the proposals and award the purchase of the bonds to the highest responsible bidder, and may reject all bids;
Provided, however,
that if no bids have been received or submitted up to such time, the board may proceed to negotiate for the sale of the bonds, and may adjourn to some specific date, from time to time, or to convene at the call of the president, to consider such negotiations and all subsequent or new proposals, and may at such adjourned meeting, award the purchase of the bonds, or a portion thereof, to the highest responsible bidder submitting proposals thereat, or may reject all bids;
Provided, however,
that the board shall in no event sell any of the bonds for less than ninety percent of the face value thereof.
Source
Laws 1895, c. 70, § 14, p. 280;
R.S.1913, § 3470;
C.S.1922, § 2870;
Laws 1923, c. 96, § 1, p. 243;
C.S.1929, § 46-114;
R.S.1943, § 46-1,100.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1,101 - Bonds; how paid; assessments.

46-1,101.
Bonds; how paid; assessments.
Such bonds, and the interest thereon, shall be paid by revenue derived from an annual assessment upon the real property of the district and all the real property of the district shall be and remain liable to be assessed for such payments as herein provided, and for all payments due or to become due to the United States under any contract between the district and the United States, accompanying which bonds of the district have not been deposited with the United States as provided in section 46-126.
Source
Laws 1895, c. 70, § 15, p. 281;
R.S.1913, § 3471;
Laws 1915, c. 69, § 4, p. 175;
C.S.1922, § 2871;
C.S.1929, § 46-116;
R.S.1943, § 46-1,101.
Annotations
All real property within district remains liable for annual assessments until bonds have been paid. County of Garden v. Schaaf, 145 Neb. 676, 17 N.W.2d 874 (1945).
All real property within district is subject to taxation in favor of bondholders, notwithstanding subsequent legislation exempting city lots. Erickson v. Nine Mile Irr. Dist., 109 Neb. 189, 190 N.W. 573 (1922).
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1,102 - Bonds; issuance and sale; judicial approval required.

46-1,102.
Bonds; issuance and sale; judicial approval required.
The board of directors of an irrigation district organized under the provisions of sections 46-101 to 46-128 shall, before issuing and before selling any bonds of such irrigation district, commence a special proceeding, in and by which the proceedings of the board and of the district providing for and authorizing the issue and sale of the bonds of the district shall be judicially examined, approved and confirmed, or disapproved and disaffirmed.
Source
Laws 1895, c. 70, § 59, p. 302;
Laws 1909, c. 159, § 1, p. 571;
Laws 1913, c. 142, § 4, p. 347;
R.S.1913, § 3515;
C.S.1922, § 2915;
C.S.1929, § 46-160;
R.S.1943, § 46-1,102.
Annotations
Confirmation of issuance of bonds was a special proceeding in rem. Ainsworth Irr. Dist. v. Harms, 170 Neb. 228, 102 N.W.2d 429 (1960).
Provision of Reclamation Act for confirmation of validity of reclamation district was similar to the procedure provided by this and succeeding three sections. Nebraska Mid-State Reclamation Dist. v. Hall County, 152 Neb. 410, 41 N.W.2d 397 (1950).
Proceeding under this section is in rem and cannot be collaterally attacked, but confirmation of exchange of bonds for property is not authorized. Wyman v. Searle, 88 Neb. 26, 128 N.W. 801 (1910).
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1,103 - Bonds; judicial approval; petition; contents.

46-1,103.
Bonds; judicial approval; petition; contents.
The board of directors of the irrigation district or such holder or holders of any bond or bonds of the district shall file in the district court of the county in which the lands of the district, or some 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 issue and sale of the bonds, and shall state generally that the irrigation district was duly organized, and that the first board of directors was duly elected; but the petition need not state the facts showing such organization of the district or the election of the first board of directors.
Source
Laws 1895, c. 70, § 60, p. 302;
Laws 1909, c. 159, § 1, p. 571;
R.S.1913, § 3516;
C.S.1922, § 2916;
C.S.1929, § 46-161;
R.S.1943, § 46-1,103.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1,104 - Bonds; judicial approval; hearing; notice; form; contents.

46-1,104.
Bonds; judicial approval; hearing; notice; form; contents.
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 and published in the same manner and for the same length of time that the notice of a special election provided for by law to determine whether the bonds of the district shall be issued is required to be given and published. 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 issue 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 issue and sale of such bonds of such district may be examined, approved, and confirmed by the court.
Source
Laws 1895, c. 70, § 61, p. 302;
Laws 1909, c. 159, § 1, p. 572;
R.S.1913, § 3517;
C.S.1922, § 2917;
C.S.1929, § 46-162;
R.S.1943, § 46-1,104.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1,105 - Bonds; judicial approval; parties; motions and answers; rules applicable.

46-1,105.
Bonds; judicial approval; parties; motions and answers; rules applicable.
Any person interested in the district, or in the issue or sale of the bonds, may move to dismiss the petition or answer thereto. The provisions of the code of civil procedure respecting motions and answer to a complaint shall be applicable to motions and answer to the petition. The persons so filing motion and answering the petition shall be the defendants to the special proceeding, and the board of directors shall be the plaintiff. Every material statement of the petition not specially controverted by the answer must, for the purpose of such special proceeding, be taken as true; and 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 46-101 to 46-1,111 are applicable to the special proceeding herein provided for.
Source
Laws 1895, c. 70, § 62, p. 303;
R.S.1913, § 3518;
C.S.1922, § 2918;
C.S.1929, § 46-163;
R.S.1943, § 46-1,105.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1,106 - Bonds; judicial approval; determination of legality; procedure.

46-1,106.
Bonds; judicial approval; determination of legality; procedure.
Upon the hearing of such special proceedings, the court shall have 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 46-101 to 46-128, 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, and 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 46-1,104. 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 legal and valid and the proceedings for the voting and issuing of the bonds legal and valid, the board of directors shall then prepare a written statement beginning with the filing of the petition for the organization of the district, and 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 directors of the district.
Source
Laws 1895, c. 70, § 63, p. 303;
Laws 1913, c. 142, § 5, p. 348;
R.S.1913, § 3519;
Laws 1917, c. 8, § 1, p. 63;
C.S.1922, § 2919;
C.S.1929, § 46-164;
Laws 1933, c. 141, § 2, p. 551;
C.S.Supp.,1941, § 46-164;
R.S.1943, § 46-1,106;
Laws 2001, LB 420, § 30.
Annotations
Approval of contract with United States and approval of bonds were proper in one proceeding. Ainsworth Irr. Dist. v. Harms, 170 Neb. 228, 102 N.W.2d 429 (1960).
Refusal of district court to validate bonds of irrigation district was sustained where no feasible plan of irrigation was presented. Kinnan v. France, 113 Neb. 99, 202 N.W. 452 (1925).
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1,107 - Water supply from outside the state; power of district to acquire; contracts; bonds.

46-1,107.
Water supply from outside the state; power of district to acquire; contracts; bonds.
When any district organized under sections 46-101 to 46-128 shall find it necessary to procure and acquire the supply of water necessary for any or all ditches outside of the boundaries of this state, and from some adjoining state, then in such event it shall be lawful for such district to contract or bargain with any person, company or corporation legally existing within such state, outside of the boundaries of this state, for the required supply of such necessary water for the district within the state. The voting, issuance and sale of bonds in such district within the state for the payment of such rights and franchises of such persons, companies or corporations of such foreign state, for the use and benefit of such district within this state, shall be deemed valid and of full force and effect and have the same operation as though the same rights and franchises existed wholly within this state.
Source
Laws 1895, c. 70, § 64, p. 304;
R.S.1913, § 3520;
C.S.1922, § 2920;
C.S.1929, § 46-165;
R.S.1943, § 46-1,107.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1,108 - Bonds; refunding; reissue.

46-1,108.
Bonds; refunding; reissue.
The board of directors of any irrigation district in the State of Nebraska which has issued valid interest-bearing bonds that are outstanding and unpaid, may take up and pay off any such bonds whenever the same can be brought about by lawful means, by the issue and sale or the issue and exchange therefor of the bonds of such irrigation district; but bonds so to be issued shall not exceed the amount lawfully owing and unpaid upon the bond or bonds so sought to be taken up and paid. Bonds so issued shall not bear interest greater in rate or amount per annum than the bonds so sought to be taken up and paid.
Source
Laws 1909, c. 158, § 1, p. 569;
R.S.1913, § 3522;
C.S.1922, § 2922;
C.S.1929, § 46-167;
R.S.1943, § 46-1,108.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1,109 - Bonds; refunding; conditions for issuance; procedure; notice; form; contents; action of board when no objections filed.

46-1,109.
Bonds; refunding; conditions for issuance; procedure; notice; form; contents; action of board when no objections filed.
Whenever it is desired to issue bonds under section 46-1,108, the board of directors shall, by resolution entered in the minutes of its proceedings, direct public notice to be given, stating the amount of the indebtedness sought to be taken up and paid, the date it was voted, the rate of interest it bears, and that the same is sought to be taken up and paid off by the issuance and sale, or the issuance and exchange of bonds bearing interest at an equal or less rate and amount per annum, and stating the date on which and the place where any taxpayer of such irrigation district may file objections to such proposed action. Such notice shall be signed by the president and secretary of the irrigation district, and shall be published for two weeks in some newspaper in general circulation in the district, or by posting the notice in three of the most public places in the district for at least fifteen days prior to such date. If after such publication and on the day for filing objections, no objections to such action by the board of directors are filed, then the board of directors may issue and sell, or exchange, as the case may be, the bonds authorized by section 46-1,108, not exceeding the amount stated in such notice, nor exceeding the amount of actual bonded indebtedness of the district then outstanding and unpaid, nor bearing interest greater in rate or amount, and thereby take up and pay off the bonds described in the notice.
Source
Laws 1909, c. 158, § 2, p. 569;
R.S.1913, § 3523;
C.S.1922, § 2923;
C.S.1929, § 46-168;
R.S.1943, § 46-1,109.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1,110 - Bonds; refunding; hearing on objections; appeal.

46-1,110.
Bonds; refunding; hearing on objections; appeal.
If on the day appointed in such notice, any written objections be filed, the objection or objections shall be heard and decided by the board of directors, and from its decision an appeal may be taken to the district court, in the manner of appeals from the county board.
Source
Laws 1909, c. 158, § 3, p. 570;
R.S.1913, § 3524;
C.S.1922, § 2924;
C.S.1929, § 46-169;
R.S.1943, § 46-1,110.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1,111 - Bonds; refunding; recitals required; delivery; payment; laws applicable.

46-1,111.
Bonds; refunding; recitals required; delivery; payment; laws applicable.
The bonds so issued shall have recited therein the object of issue, the title of the article under which the issue was made, stating the issue to be made in pursuance thereof, and shall also state the number, date, and amount of the bonds for which it is substituted. Such new bonds shall not be delivered until the surrender of the bond or bonds so designated, and they shall be paid, and levy made and tax collected for their payment, in accordance with laws governing the bonds heretofore issued.
Source
Laws 1909, c. 158, § 4, p. 570;
R.S.1913, § 3525;
C.S.1922, § 2925;
C.S.1929, § 46-170;
R.S.1943, § 46-1,111.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1,112 - Bonds; interest; extension of maturity; refunding; conditions; requirements.

46-1,112.
Bonds; interest; extension of maturity; refunding; conditions; requirements.
Any irrigation district in this state having valid and unpaid bonds outstanding may by contract with the owners or holders thereof, or by other lawful means, provide for the extension of the time of payment thereof for any period not exceeding forty years, and may provide for the payment annually or semiannually of any rate of interest and for the payment of both principal and interest as one sum in any desired percentage per annum. Such district may also provide for the payment or refunding of such bonds by the issue and sale or the issue and exchange therefor of bonds maturing in any period not exceeding forty years, in an amount equal to the principal debt and the total interest to accrue thereon during the term of the bond at any agreed rate, and may make such bonds payable in installments equal to two percent of the principal and interest each year for the first four years; four percent of the principal and interest each year for the next two years; and six percent of the principal and interest each year for the next fourteen years; or if the bond term be more than twenty years, then in substantially proportionate installments.
Source
Laws 1917, c. 190, § 1, p. 463;
C.S.1922, § 2930;
C.S.1929, § 46-175;
R.S.1943, § 46-1,112;
Laws 1969, c. 51, § 113, p. 343.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1,113 - Bonds; extension of maturity; refunding; election required, when; procedure; laws applicable.

46-1,113.
Bonds; extension of maturity; refunding; election required, when; procedure; laws applicable.
No bonds shall be issued or contract entered into under the provisions of section 46-1,112 unless the same shall be authorized by a majority vote of the electors of such district at any general or special election held in such district. Such election shall be held pursuant to resolution of the board of directors calling the same, and the provisions of law governing the holding of elections to vote bonds in irrigation districts are hereby made applicable to elections held under this section.
Source
Laws 1917, c. 190, § 2, p. 464;
C.S.1922, § 2931;
C.S.1929, § 46-176;
R.S.1943, § 46-1,113.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1,114 - Irrigation districts; grant of additional powers.

46-1,114.
Irrigation districts; grant of additional powers.
In addition to all other powers, an irrigation district shall have the powers granted in sections 46-1,115 to 46-1,126.
Source
Laws 1925, c. 128, § 1, p. 336;
C.S.1929, § 46-178;
R.S.1943, § 46-1,114.
Annotations
Refinancing bonds and coupons of irrigation district issued hereunder, when due and funds are available for that purpose on presentment, are payable by county treasurer in order of presentment by holder thereof. State ex rel. Brown v. Taylor, 125 Neb. 228, 249 N.W. 586 (1933).
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1,115 - Bonds in discharge of judgments; power to issue; limit.

46-1,115.
Bonds in discharge of judgments; power to issue; limit.
An irrigation district shall have power to issue bonds in consideration of the discharge of judgments held against it in an amount not exceeding by more than one thousand dollars the principal and interest of judgments so discharged.
Source
Laws 1925, c. 128, § 2, p. 336;
C.S.1929, § 46-179;
R.S.1943, § 46-1,115.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1,116 - Bonds; issuance to procure surrender of outstanding bonds; power of district; limit.

46-1,116.
Bonds; issuance to procure surrender of outstanding bonds; power of district; limit.
An irrigation district shall have power to issue bonds in consideration of the surrender and cancellation of its outstanding bonds. If the bonds surrendered provide for the separate payment of principal and interest, the principal of the bonds to be issued shall not exceed by more than one thousand dollars the principal of the bonds surrendered. If the bonds surrendered provide for the payment of principal and interest combined in installments, the principal of the bonds issued shall not exceed by more than one thousand dollars the value of such installments discounted at the same rate per year as the annual interest rate of the bonds to be issued.
Source
Laws 1925, c. 128, § 3, p. 336;
C.S.1929, § 46-180;
R.S.1943, § 46-1,116.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1,117 - Bonds; issuance to procure surrender of notes and warrants; power of district; limit.

46-1,117.
Bonds; issuance to procure surrender of notes and warrants; power of district; limit.
An irrigation district shall have power to issue bonds in consideration of the surrender and cancellation of its outstanding notes and warrants in an amount not exceeding by more than one thousand dollars the principal and interest of the notes and warrants surrendered.
Source
Laws 1925, c. 128, § 4, p. 336;
C.S.1929, § 46-181;
R.S.1943, § 46-1,117.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1,118 - Bonds; issuance for more than one purpose.

46-1,118.
Bonds; issuance for more than one purpose.
One issue of bonds may be for any or all the purposes mentioned in sections 46-1,115 to 46-1,117.
Source
Laws 1925, c. 128, § 5, p. 337;
C.S.1929, § 46-182;
R.S.1943, § 46-1,118.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1,119 - Bonds issued to discharge judgments or procure surrender of bonds, notes, and warrants; maturity; interest; redemption.

46-1,119.
Bonds issued to discharge judgments or procure surrender of bonds, notes, and warrants; maturity; interest; redemption.
The bonds issued in pursuance of sections 46-1,115 to 46-1,118 shall mature in not exceeding fifty years, shall bear interest, payable semiannually, and may be subject to redemption before maturity at par and accrued interest at the option of the district on such terms and subject to such limitations as may be provided, and shall be in such denominations and form, with or without interest coupons, and be executed in such manner as may be provided. In case default shall be made in the payment of interest, such interest shall bear interest at the same rate as the principal.
Source
Laws 1925, c. 128, § 6, p. 337;
C.S.1929, § 46-183;
R.S.1943, § 46-1,119;
Laws 1969, c. 51, § 114, p. 343.
Annotations
Where holders of bonds or coupons present them when due for payment and payment is refused for want of funds, such presentment and demand does not entitle demandants to priority of payment over holders of bonds and coupons who subsequently present same for payment when funds are available. State ex rel. Brown v. Taylor, 125 Neb. 228, 249 N.W. 586 (1933).
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1,120 - Bonds issued to discharge judgments or procure surrender of bonds, notes, and warrants; contract with holders, authorized; terms.

46-1,120.
Bonds issued to discharge judgments or procure surrender of bonds, notes, and warrants; contract with holders, authorized; terms.
As part of the consideration for accepting new bonds in lieu of judgments, notes, warrants or bonds, and in order to induce the owners of judgments and holders of notes, warrants, and bonds to accept such new bonds, a district shall have power to make a contract with the holders of the new bonds, in the manner hereinafter provided, wherein and whereby the district may agree (1) to establish a special bond fund and to apply the money therein only to the payment of such indebtedness as may be provided, and to pay into the special bond fund such money and taxes, levied and to be levied, as may be provided, including unpaid taxes levied for general expenses of the district as well as taxes levied for the payment of bonds; (2) to levy taxes in such years and in such amounts for the special bond fund as may be provided, and to levy taxes to meet deficits due to the failure to collect taxes levied for or payable into the special bond fund and that the amount of such deficits and the amount of taxes to be levied therefor, shall be computed in such manner as may be provided; and taxes agreed to be levied shall not be subject to any limitation of law as to the amount or rate thereof; and (3) to borrow money for the special bond fund on notes or otherwise against delinquent taxes in the fund, and to pay such loans in such manner as may be provided.
Source
Laws 1925, c. 128, § 7, p. 337;
C.S.1929, § 46-184;
R.S.1943, § 46-1,120.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1,121 - Bonds issued to discharge judgments or procure surrender of bonds, notes, and warrants; powers to be exercised by resolution; contents.

46-1,121.
Bonds issued to discharge judgments or procure surrender of bonds, notes, and warrants; powers to be exercised by resolution; contents.
In order to exercise the powers granted by sections 46-1,114 to 46-1,120 the board of directors shall adopt a resolution which shall (1) set forth the judgments to be discharged and the notes and warrants and bonds to be canceled for which bonds are to be issued; (2) authorize the issuance of bonds of the district in place of such judgments, bonds, notes and warrants, and determine the principal amount of the bonds authorized, their maturities, interest rate, interest payment dates, and in substance the terms of and limitations on the right of redemption thereof, if any, subject to the provisions of sections 46-1,114 to 46-1,126; (3) fix the date as of which settlement shall be made, and provide for such cash adjustments of principal and interest as may be necessary at the time of the actual delivery of the bonds; and (4) state the agreements, if any, to be made by the district as authorized by section 46-1,120.
Source
Laws 1925, c. 128, § 8, p. 338;
C.S.1929, § 46-185;
R.S.1943, § 46-1,121.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1,122 - Bonds issued to discharge judgments or procure surrender of bonds, notes, and warrants; special election required; notice; form and contents; effect of affirmative vote.

46-1,122.
Bonds issued to discharge judgments or procure surrender of bonds, notes, and warrants; special election required; notice; form and contents; effect of affirmative vote.
The board of directors shall then call a special election. Notice of such election shall be given by posting notice in three public places in each election precinct in the district for at least twenty days and also by publication of such notice in some newspaper published in the county where the office of the board of directors of such district is required to be kept, once a week for at least three successive weeks. Such notice must specify the time of holding the election and that the purpose of the election is to decide for or against the approval of a resolution of the board of directors providing for the issuance of bonds, stating the principal amount, in place of existing indebtedness of the district. The election must be held and the result thereof determined and declared in all respects as nearly as practicable in conformity with the provisions of sections 46-109 to 46-115 governing the election of officers;
Provided,
no informalities in conducting such election shall invalidate the same if the election shall have been otherwise fairly conducted. At such election the ballot shall contain the words Bond Resolution ........... Yes, and Bond Resolution ............ No, or words equivalent thereto. If a majority of the votes cast are Bond Resolution ............ Yes, the resolution adopted by the board of directors shall become effective, and the board shall then be authorized to pass such supplemental resolutions and do such acts and things not inconsistent with this section and the resolution as may be necessary or convenient to carry out the provisions of the resolution.
Source
Laws 1925, c. 128, § 9, p. 338;
C.S.1929, § 46-186;
R.S.1943, § 46-1,122.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1,123 - Bonds issued to discharge judgments or procure surrender of bonds, notes, and warrants; procedure where less than all outstanding are offered.

46-1,123.
Bonds issued to discharge judgments or procure surrender of bonds, notes, and warrants; procedure where less than all outstanding are offered.
In case within the time therefor set by the board of directors the amount of judgments proposed to be discharged and the amount of notes, warrants and bonds proposed to be surrendered shall not be offered for discharge or surrender, the board of directors may nevertheless accept the discharge of judgments and the surrender of the notes, warrants and bonds which may be offered, and may issue a proportionately less amount of the new bonds, selecting in their discretion which of the new bonds shall in that case be issued, so that the bonds issued will mature in such years as will best suit the needs of the district.
Source
Laws 1925, c. 128, § 10, p. 339;
C.S.1929, § 46-187;
R.S.1943, § 46-1,123.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1,124 - Bonds issued to discharge judgments or procure surrender of bonds, notes, and warrants; resolution; contracts; effect.

46-1,124.
Bonds issued to discharge judgments or procure surrender of bonds, notes, and warrants; resolution; contracts; effect.
Upon the discharge of the judgments and the surrender of the notes, warrants and bonds, and the issuance of the new bonds, the resolution approved by the electors shall constitute a contract with the holders of the bonds, and all facts therein recited shall conclusively be deemed to be true as against the district and in favor of the holders of the bonds. A recital in the bonds that they are issued in pursuance of sections 46-1,114 to 46-1,126 shall be conclusive evidence that such bonds are valid and the same shall be incontestable.
Source
Laws 1925, c. 128, § 11, p. 339;
C.S.1929, § 46-188;
R.S.1943, § 46-1,124.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1,125 - Bonds issued to discharge judgments or procure surrender of bonds, notes, and warrants; contracts; duties of public officers.

46-1,125.
Bonds issued to discharge judgments or procure surrender of bonds, notes, and warrants; contracts; duties of public officers.
After the making of a contract and the issuance of bonds as herein authorized in sections 46-1,114 to 46-1,126, it shall be the duty of all district and county officials, and such officials are hereby authorized and directed, to do and perform all such acts and things within the powers of their respective offices as may be necessary or convenient to cause the district to carry out and fully perform the obligations of such contract and bonds, including, among other things not specified, the levying and collecting of taxes, the disposition of the money of the district, the application and transfer of funds, the borrowing of money, and the payment of bonds and other obligations. In the absence of any provision of law specifying the officer by which and the manner in which any act or thing required by any such contract shall be done or performed the board of directors shall have full power and authority to determine the matter.
Source
Laws 1925, c. 128, § 12, p. 340;
C.S.1929, § 46-189;
R.S.1943, § 46-1,125.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1,126 - Bonds issued to discharge judgments or procure surrender of bonds, notes, and warrants; rights of creditors not consenting.

46-1,126.
Bonds issued to discharge judgments or procure surrender of bonds, notes, and warrants; rights of creditors not consenting.
Any contractual obligation entered into by a district in pursuance of sections 46-1,114 to 46-1,126 shall not impair the rights of any creditor of the district who does not consent thereto by accepting the bonds issued in pursuance of said sections, and in case the district shall default in the payment of any debt owing to any such creditor the rights and remedies of such creditor shall be the same as though the contractual obligations hereby authorized had not been entered into.
Source
Laws 1925, c. 128, § 13, p. 340;
C.S.1929, § 46-190;
R.S.1943, § 46-1,126.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1,127 - Bonds; sinking fund; how provided.

46-1,127.
Bonds; sinking fund; how provided.
The board of directors of any irrigation district in the State of Nebraska, if it considers it for the best interest of such district, shall have the power to provide a sinking fund with which to pay and retire outstanding bonds of the district. For the purpose of creating, establishing, and maintaining such fund, such board may levy a tax each year of not to exceed eighty-seven and five-tenths cents on each one hundred dollars upon the taxable value of all the taxable property in such district as fixed by the district assessor. Following such levy, the board may by contract with the owners of such bonds pay and retire any bonds of the district and interest accrued thereon, whether such bonds are due and payable or not.
Source
Laws 1921, c. 283, § 1, p. 928;
C.S.1922, § 2938;
C.S.1929, § 46-196;
R.S.1943, § 46-1,127;
Laws 1953, c. 287, § 64, p. 968;
Laws 1979, LB 187, § 170;
Laws 1992, LB 719A, § 150.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1,128 - Irrigation or drainage districts; sale of real estate; procedure.

46-1,128.
Irrigation or drainage districts; sale of real estate; procedure.
An irrigation or drainage district which owns or hereafter may acquire the title to any real estate which is no longer needed by such irrigation or drainage district may sell and convey the same when authorized to do so by the affirmative vote of a majority of the qualified electors voting on such proposition at any general or special election held in such district, but nothing contained in sections 46-1,128 to 46-1,132 shall require any irrigation or drainage district which shall have more than five hundred qualified electors residing within it to comply with the requirements of sections 46-1,128 to 46-1,132. Such districts having more than five hundred qualified electors may sell and convey real estate which is no longer needed at public auction as hereafter provided in this section. Prior to any such sale, the real estate shall be appraised for sale purposes by a qualified appraiser who shall be appointed by the governing board of the district. Such real estate shall not be sold for less than the appraised value, which shall be the starting bid price at the public sale. Notice of such sale shall be given by publication three consecutive weeks in some legal newspaper published in the county where the real estate is located;
Provided,
sale at public auction or appraisal shall not be required if the sale is to be made to a governmental subdivision or the State of Nebraska, and in such instance only notice of the sale, as provided for in this section, shall be required.
Source
Laws 1921, c. 257, § 1, p. 870;
C.S.1922, § 2933;
C.S.1929, § 46-191;
R.S.1943, § 46-1,128;
Laws 1969, c. 384, § 1, p. 1352.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1,129 - Sale of real estate; election; notice; form; contents.

46-1,129.
Sale of real estate; election; notice; form; contents.
Notice of such election shall be given by posting notice in three public places in each of the election precincts in the election district for at least twenty days and also by publication of such notice in a legal newspaper published or of general circulation in the county where the office of the board of directors is kept, once each week for three consecutive weeks. Such notice shall specify the time and place of holding the election in such district and shall contain a brief summary of the proposition involving the proposed conveyance.
Source
Laws 1921, c. 257, § 2, p. 870;
C.S.1922, § 2934;
C.S.1929, § 46-192;
R.S.1943, § 46-1,129;
Laws 1986, LB 960, § 31.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1,130 - Sale of real estate; election; results; determination.

46-1,130.
Sale of real estate; election; results; determination.
Such election shall be held and the results thereof determined and declared in conformity with the law governing the election of officers in such district as nearly as may be practicable;
Provided,
that no irregularity in the conduct of such an election, due to an error or omission, shall invalidate the same if the election shall have been otherwise fairly conducted.
Source
Laws 1921, c. 257, § 3, p. 871;
C.S.1922, § 2935;
C.S.1929, § 46-193;
R.S.1943, § 46-1,130.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1,131 - Sale of real estate; notice.

46-1,131.
Sale of real estate; notice.
At least thirty days' notice of the terms of sale, with description of property to be sold, shall be given by publication in some newspaper published in the county in which the office of the board of directors is located, or if no newspaper is published in the county then by posting in at least four public places within such district.
Source
Laws 1921, c. 257, § 4, p. 871;
C.S.1922, § 2936;
C.S.1929, § 46-194;
R.S.1943, § 46-1,131.