reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-745 - Resolution; notice; hearing.

31-745.
Resolution; notice; hearing.
Notice of the time and place, which place shall be in the county where the district is organized, when any such resolution shall be set for consideration before the board of trustees or the administrator, shall be given the same day each week two consecutive weeks in a newspaper of general circulation published in the county where the district was organized, which publication shall contain the entire wording of the resolution and be posted in three conspicuous places in the district. The last publication shall not be less than five days nor more than two weeks prior to the time set for hearing on objections to the adoption of any such resolution, at which hearing the owners of the property which might become subject to assessment for the contemplated improvement may appear and make objections to the proposed improvement. Thereupon the resolution may be amended and adopted or adopted as proposed.
Source
Laws 1949, c. 78, § 19, p. 203;
Laws 1982, LB 868, § 13.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-746 - Resolution; objections; effect.

31-746.
Resolution; objections; effect.
If a petition opposing the resolution, signed by property owners representing a majority of the front footage which may become subject to assessment for the cost of any improvements as set forth by the resolution, is filed with the clerk of the district within three days before the date of the meeting for the hearing on such resolution, such resolution shall not be adopted.
Source
Laws 1949, c. 78, § 20, p. 203;
Laws 1955, c. 117, § 8, p. 316;
Laws 1982, LB 868, § 14.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-747 - District; resolution; improvements authorized.

31-747.
District; resolution; improvements authorized.
Upon compliance with the provisions of sections 31-744 to 31-746, the board of trustees or the administrator may by resolution order the making, reconstruction, purchase, or otherwise acquiring of any of the improvements provided for in sections 31-727 to 31-762.
Source
Laws 1949, c. 78, § 21, p. 203;
Laws 1982, LB 868, § 15.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-748 - Improvements; contract; notice; bids.

31-748.
Improvements; contract; notice; bids.
After ordering any such improvements, as provided in sections 31-727 to 31-762, the board of trustees or the administrator may enter into a contract for the construction of such improvement in one or more contracts, but no work shall be done or contract let until notice to contractors has been published in a legal newspaper of general circulation in the county where the district is organized. The notice shall be published the same day each week two consecutive weeks in such paper and shall generally state (1) the extent of the work, (2) the kinds of material to be bid upon, including in such notice all kinds of material mentioned in the resolution as provided in section 31-744, (3) the amount of the engineer's estimate of the cost of such improvements, (4) the time when bids will be received, and (5) the amount of the certified check or bid bond required to accompany the bids. Each bid shall be accompanied in a separate sealed envelope by certified check or bid bond in an amount to be named in the notice, which amount shall be not less than five percent of the engineer's total estimate of the cost, and shall be made payable to the treasurer of the district as security that the bidder to whom the contract may be awarded will enter into a contract to build the improvements in accordance with the notice to contractors and give bond in the sum named in such notice for the construction of such improvements as the notice required. Checks or bonds accompanying bids not accepted shall be returned to the bidders. The work provided for in this section shall be done under written contract with the lowest responsible bidder on the material selected after the bids are opened and in accordance with the requirements of the plans and specifications. The board of trustees or the administrator may reject any or all bids received and advertise for new bids in accordance with this section.
Source
Laws 1949, c. 78, § 22, p. 203;
Laws 1979, LB 252, § 3;
Laws 1982, LB 868, § 16.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-761 - District; change in boundary; petition; notice; hearing; order; effect.

31-761.
District; change in boundary; petition; notice; hearing; order; effect.
(1) The sanitary and improvement district may be enlarged and additional territory annexed to the district by either of the following methods:
(a) By petitions signed by the owner or owners of all the property to be annexed to the district. If such a petition requesting annexation is presented to the trustees and approved by the trustees the change in the boundaries to include the additional area shall be certified by the clerk of the district to the county clerk in which the greater portion of the district is located and thereafter the district shall include the area thus annexed.
(b) By a petition filed with the clerk of the district, signed by persons owning not less than fifty percent of the area to be annexed, but not signed by persons owning all the area requested to be annexed. On the filing of such petition, the trustees of the district shall fix a time and place for a hearing thereon and give notice of said hearing by two weekly publications and by either registered or certified mail to the record owners of all persons owning land within the territory sought to be annexed, not less than ten days prior to the date of said hearing, if the address of said owners is known or can be ascertained by reasonable diligence by the trustees. At the said meeting, any person owning property within the area proposed to be annexed or any person owning property or residing within the district may appear and be heard. If, after said hearing, the board of trustees find and determine that annexation of the additional area will be conducive to the public health, convenience, and welfare and will not be an undue burden on the district, the board of trustees may, by resolution, annex the additional area and fix the boundary thereof which shall not include more than the area requested in the petition. A copy of the said resolution shall be filed with the county clerk of the county in which the greater portion of the district is located and thereafter the area included by said resolution shall be a part of the district.
(2) All property, from and after it is annexed to the district as above provided, shall be subject to all taxes and other burdens thereafter levied by the district, regardless of when the obligation for which said taxes or assessments are levied was incurred.
(3) No lands included within any municipal corporation shall be included in any sanitary and improvement district, and no tract of twenty acres or more which is outside any municipal corporation and is used primarily for industrial purposes shall be included in any sanitary and improvement district organized under sections 31-727 to 31-762 without the written consent of the owner of such tract.
Source
Laws 1949, c. 78, § 35, p. 210;
Laws 1957, c. 242, § 25, p. 838.
Annotations
No district may be enlarged by annexing or including land located within any municipal corporation. Sanitary & Improvement Dist. v. City of Ralston, 182 Neb. 63, 152 N.W.2d 111 (1967).
2023 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.
2023 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.
2023 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).
2023 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).
2023 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).
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-767 - Dissolution of districts; resolution; notice; outstanding indebtedness, effect; hearing; filing.

31-767.
Dissolution of districts; resolution; notice; outstanding indebtedness, effect; hearing; filing.
Whenever a majority of the board of trustees or the administrator of any sanitary and improvement district organized under the provisions of Chapter 31, article 7, and amendments thereto, shall desire that the district shall be wholly dissolved, the trustees or administrator shall first propose a resolution declaring the advisability of such dissolution and setting out verbatim the terms and conditions thereof, and also setting out the time and place when the board of trustees or administrator shall meet to consider the adoption of such resolution. Notice of the time and place when the resolution shall be set for consideration shall be published the same day each week for two consecutive weeks in a newspaper of general circulation published in the county where the district was organized, which publication shall contain the entire wording of the proposed resolution. If any part of the district lies within the area of the jurisdiction of any municipality, then the trustees or administrator shall mail a copy of such proposed resolution to such municipality within five days after the date of first publication of the resolution. The last publication shall be not less than five days nor more than two weeks prior to the time set for hearing on objections to the passage of the resolution, at which hearing the owners of property within the district, or any municipality if any part of such district lies within the area of its zoning jurisdiction, may appear and make objections to the proposed resolution. If the owners representing a majority of the area of real estate within the district fail to sign and present to the board or to the administrator, on or prior to the hearing date, a written petition opposing the resolution, then a majority of the board of trustees or the administrator may pass the resolution and thereby adopt the proposed dissolution;
Provided,
that no such resolution shall be adopted if the district is then obligated on any outstanding bonds, warrants, or other debts or obligations unless the holders of such bonds, warrants, or other debts or obligations shall all sign written consents to the dissolution prior to the adoption of the resolution of dissolution. If the petition opposing such resolution is signed by property owners representing a majority of the area of real estate within the district and presented to the board of trustees or the administrator on or prior to the hearing date, then the board of trustees or the administrator shall not adopt such resolution. After the board of trustees or the administrator has adopted such resolution of dissolution, the clerk of the district shall prepare and file a certified copy of the resolution of dissolution in the office of the county clerk where the original articles of association were filed and in the office of the Secretary of State.
Source
Laws 1967, c. 186, § 1, p. 507;
Laws 1982, LB 868, § 29.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-770 - Real estate in two districts; detachment from one district; approval.

31-770.
Real estate in two districts; detachment from one district; approval.
When any land is a part of two sanitary and improvement districts and the owners of such land desire that it be a part of only one district, such owners shall file their request with the trustees or the administrator of each district. The trustees or the administrator of the districts shall meet jointly and develop an agreement for the detachment of the land from one of the districts and the adjustment of indebtedness. If the trustees or administrators are unable to reach an agreement, they shall file a petition in the district court of the county in which such land is located and the court shall have jurisdiction to detach the land and adjust the indebtedness.
Source
Laws 1972, LB 1387, § 3;
Laws 1982, LB 868, § 32.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-771 - Appointment of an administrator; petition; conditions.

31-771.
Appointment of an administrator; petition; conditions.
A petition may be filed with the district court of the county in which a majority of the real property of a sanitary and improvement district is located for referral of the district to the Auditor of Public Accounts for the appointment of an administrator of the district and suspension of the authority of the board of trustees or other relief as provided by sections 31-772 to 31-780. Such petition may be filed by: (1) A majority of the board of trustees of the district; (2) the holders of more than fifty percent in principal amount of the outstanding bonds of the district; (3) the holders of more than fifty percent in principal amount of outstanding construction fund warrants of the district; (4) a majority of the lessees permitted to vote pursuant to section 31-735 who are residents of the district and resident property owners of the district; (5) the owners of more than one-half of the real property within the district; or (6) a municipality whose boundary adjoins the district and which exercises zoning jurisdiction over the district. A petition filed by a municipality pursuant to subdivision (6) of this section may be filed by such municipality only on grounds that the district has issued outstanding bonds or construction fund warrants which have been in default for more than ninety days or the district lacks a functioning board of trustees.
Source
Laws 1982, LB 868, § 33.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-772 - Appointment of an administrator; petition; hearing; notice.

31-772.
Appointment of an administrator; petition; hearing; notice.
The court shall fix the time for the hearing of the petition pursuant to section 31-771 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 of the week each week for three consecutive weeks. Within five days after the first publication of such notice, the petitioner shall cause to be mailed by United States mail a copy of such notice to each holder of outstanding warrants and bonds, to each member of the board of trustees if the board has not petitioned for the appointment, and to each person whose property ownership is of record on the records of the register of deeds at least thirty days and not more than forty days prior to the mailing of a notice. Notice shall be sent to each bond and warrant holder, trustee, and property owner whose name and post office address are known after diligent investigation and inquiry. The notice shall state the time and place fixed for the hearing of the petition and the prayer of the petition, and that any person with an interest in the district may, on or before the day fixed for the hearing of the petition, move to join in, dismiss, or answer the petition. The petition may be referred to and described in the notice as the petition of ................. (giving name of petitioner) praying for the referral of the sanitary and improvement district to the Auditor of Public Accounts for the appointment of an administrator of the sanitary and improvement district and the suspension of the authority of the board of trustees of such district to exercise the powers granted the board of trustees under sections 31-727 to 31-770 during the period of such administrator's appointment.
Source
Laws 1982, LB 868, § 34.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-773 - Appointment of an administrator; petition; contents.

31-773.
Appointment of an administrator; petition; contents.
The petition shall state that the sanitary and improvement district (1) has been in default for more than ninety days on its issued and outstanding bonds or construction fund warrants of the district, (2) has levied a tax upon the taxable value of the taxable property in the district which, along with the sinking fund derived from special assessments, has not been sufficient to meet payments of interest and principal on the issued and outstanding bonds of the district, (3) has failed to levy special assessments on all lots, parcels, or pieces of real property within the terms provided in section 31-751, or (4) lacks a functioning board of trustees. The petition shall pray for referral of the sanitary and improvement district to the Auditor of Public Accounts for the appointment of an administrator for the district and for an order suspending the authority of the board of trustees of the district to exercise the powers granted to such board pursuant to sections 31-727 to 31-770 during the period of such administrator's appointment or for such other relief as the court may determine appropriate.
Source
Laws 1982, LB 868, § 35;
Laws 1992, LB 1063, § 31;
Laws 1992, Second Spec. Sess., LB 1, § 31.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-774 - Appointment of an administrator; petition; interested person; rights; procedure applicable.

31-774.
Appointment of an administrator; petition; interested person; rights; procedure applicable.
Any person with an interest in the district may join in the petition, move to dismiss the petition, or file an answer to such petition. The provisions of the code of civil procedure respecting motions and answers to a petition shall be applicable to motions and answers to the petition in such special proceedings. The persons filing motions to dismiss and answering the petition shall be the defendants to the special proceedings and the persons filing the petition or joining in the petition shall be the plaintiffs. Every material statement of the petition not specially controverted by the answer shall, for the purpose of the special proceedings, be taken as true. Each person or party in interest 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 31-770 are applicable to the special proceedings in sections 31-771 to 31-776.
Source
Laws 1982, LB 868, § 36.
Cross References
Rules of pleading promulgated by Supreme Court, see section 25-801.01.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-775 - Court; order; findings; relief granted; costs.

31-775.
Court; order; findings; relief granted; costs.
Upon the hearing of the special proceedings pursuant to sections 31-771 to 31-776, the court shall, upon a finding that any of the statements in subdivisions (1) to (4) of section 31-773 are true, that the petition has been properly filed and notice of the petition has been duly given and published for the time and in the manner prescribed in sections 31-771 to 31-780, and that it is in the best interest of the district, have the power and jurisdiction to issue an order which refers the sanitary and improvement district to the Auditor of Public Accounts for appointment by the auditor of an administrator from a list of not less than two names of persons possessing real estate and financial expertise compiled by the court in the proceedings, and which provides for the suspension of the authority of the board of trustees of the district to exercise the powers granted such board under sections 31-727 to 31-770 during the period of such administrator's appointment. In the alternative or as additional relief the court may order such other relief as may be appropriate to cure the defects of the district, including, but not limited to, (1) appointment of trustees to serve until the next regular election, (2) calling a special election to elect trustees which shall be conducted in the same manner as other elections for trustees, and (3) directing the board of trustees to levy taxes or special assessments as required by sections 31-727 to 31-770. The cost of the special proceedings may be allowed and apportioned between the parties in the discretion of the court.
Source
Laws 1982, LB 868, § 37.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-776 - Auditor of Public Accounts; appoint administrator; file certificate.

31-776.
Auditor of Public Accounts; appoint administrator; file certificate.
Upon receipt of the order of the district court referring the sanitary and improvement district to the Auditor of Public Accounts for the appointment of an administrator, the auditor shall appoint an administrator with authority, including all authority of the board of trustees, chairperson, and clerk, to direct the affairs of the district pursuant to sections 31-727 to 31-780 unless the auditor shall determine upon good cause that the appointment of an administrator would not be in the best interests of the district. Within sixty days of receipt of such order of the district court, the auditor shall file with the court a certificate evidencing compliance with this section and if the auditor determines not to appoint an administrator, such certificate shall specify the grounds for the auditor's determination that the appointment would not be in the best interest of the district.
Source
Laws 1982, LB 868, § 38.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-777 - Board of trustees; power suspended; administrator; assume powers.

31-777.
Board of trustees; power suspended; administrator; assume powers.
Upon the issuance of a certificate of appointment by the Auditor of Public Accounts to a designated sanitary and improvement district administrator, the authority of the board of trustees of the district to exercise the powers of the district conferred by sections 31-727 to 31-770 shall be suspended. The administrator shall during the period of his or her appointment possess all of the powers of the board of trustees and shall possess exclusive authority to exercise the powers conferred in sections 31-727, 31-727.02, 31-733, 31-734, 31-737, 31-739, 31-740, 31-741 to 31-748, 31-749 to 31-756, 31-759, and 31-764 to 31-770.
Source
Laws 1982, LB 868, § 39.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-778 - Board of trustees or administrator; negotiate indebtedness; issue new bonds or warrants; procedure.

31-778.
Board of trustees or administrator; negotiate indebtedness; issue new bonds or warrants; procedure.
The board of trustees or the administrator shall have the power to negotiate a scaling, discounting, reduction in interest rate, or any other compromise of any or all of the bonds, warrants, or other indebtedness of the district with the owners or holders of such indebtedness. In order to carry out any compromise agreements made, the board of trustees or the administrator shall have the power to issue new bonds or warrants which may be delivered to the holders or owners of the indebtedness being compromised or may be sold on such terms as the board of trustees or administrator shall determine to provide cash to carry out the compromise settlement. Before any new bonds or warrants are issued, the terms of the compromise settlement and the issuance of such new bonds or warrants shall be approved by the district court for the county in which the district or the greater portion of the district is situated, following the procedure set forth in sections 31-756 to 31-759. Such review by the district court shall be limited to the legality and validity of the new bonds or warrants to be issued and the decree of the district court determining the issuance of the new bonds or warrants to be legal and valid shall be conclusive against the district and all other persons having or claiming any interest in the district. Notwithstanding any other provision of law, the treasurer of the district shall disburse funds of the district in accordance with the compromise settlement approved by the district court.
Source
Laws 1982, LB 868, § 40.
2023 Nebraska Revised Statutes › Chapter 31 - Drainage › 31-779 - Administrator; levy; administration tax; use; administrator; fee; expenses.

31-779.
Administrator; levy; administration tax; use; administrator; fee; expenses.
(1) The administrator may levy a separate tax upon the taxable value of the taxable property in the district which shall be known as the administration tax and which shall be separately accounted for by the treasurer of the district. Such tax shall be payable annually in money. Such tax may be used to pay the fees and expenses of the administrator and his or her administration, including the cost of audit services, legal services, and financial advisory services ordered by the administrator.
(2) The administrator shall receive a minimum fee of five hundred dollars per month during the term of his or her appointment. The administrator shall also be entitled to reimbursement for his or her actual and necessary expenses upon presentation of an accounting of his or her expenses to the Auditor of Public Accounts. The monthly administrator's fee provided for in this subsection shall be subject to adjustment at any time during the term of the administrator's appointment by the Auditor of Public Accounts. The factors to be considered by the auditor in his or her determination to increase the administrator's fee shall include the nature and extent of the administrator's services, the complexity of the problems confronting the district, and the value of the services of the administrator to the district. The auditor should also consider the cost of obtaining comparable services of the administrator in the private sector.
Source
Laws 1982, LB 868, § 41;
Laws 1992, LB 1063, § 32;
Laws 1992, Second Spec. Sess., LB 1, § 32.