reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 10 - Bonds › 10-611 - Precinct refunding bonds; payable to bearer; delivery; sale; price.

10-611.
Precinct refunding bonds; payable to bearer; delivery; sale; price.
The said bonds shall be payable to bearer and may be delivered either to the holders and owners of the judgments for the payment of which they are issued, or may be sold under the direction of the county board and delivered to the purchasers and the proceeds used to pay the judgments; but the said funding bonds shall not be sold for less than their par value.
Source
Laws 1901, c. 10, § 4, p. 62;
R.S.1913, § 434;
C.S.1922, § 351;
C.S.1929, § 11-610;
R.S.1943, § 10-611.
2023 Nebraska Revised Statutes › Chapter 10 - Bonds › 10-612 - Precinct refunding bonds; payment; tax levy.

10-612.
Precinct refunding bonds; payment; tax levy.
For the purpose of meeting the indebtedness evidenced by the said funding bonds the county board shall cause to be annually levied upon all the real and personal property within the precinct or within the limits of the former or de facto precinct against which the said bonds have been adjudged to be a liability, a tax sufficient to pay the annual interest upon the said funding bonds, and not less than five percent of the principal, for the purpose of creating a sinking fund to pay the principal at maturity, and at the tax levy preceding the maturity of such bonds shall levy an amount sufficient to pay the principal and the remaining interest due on said bonds.
Source
Laws 1901, c. 10, § 5, p. 62;
R.S.1913, § 435;
C.S.1922, § 352;
C.S.1929, § 11-611;
R.S.1943, § 10-612.
2023 Nebraska Revised Statutes › Chapter 10 - Bonds › 10-615 - Refunding bonds; sanitary and improvement district; road improvement district; fire protection district; issuance; conditions.

10-615.
Refunding bonds; sanitary and improvement district; road improvement district; fire protection district; issuance; conditions.
Any sanitary and improvement district, any road improvement district, and any fire protection district in the State of Nebraska which has issued or which will issue bonds for any purpose, and such bonds or any part of such bonds are unpaid, are a legal liability against such district, and are bearing interest, may issue refunding bonds with which to call and redeem all or any part of such outstanding bonds at or before the maturity or the redemption date of such bonds, may include various series and issues of the outstanding bonds in a single issue of refunding bonds, and may issue refunding bonds to pay any redemption premium and interest to accrue and become payable on the outstanding bonds being refunded or refunding bonds issued. The refunding bonds may be issued and delivered at any time prior to the date of maturity or the redemption date of the bonds to be refunded that the governing body or the administrator determines to be in the best interest of any such district. The proceeds derived from the sale of the refunding bonds issued pursuant to this section may be invested in obligations of or guaranteed by the United States Government pending the time the proceeds are required for the purpose for which such refunding bonds were issued. To further secure the refunding bonds, any such district may enter into a contract with any bank or trust company, within or without the state, with respect to the safekeeping and application of the proceeds of the refunding bonds and the safekeeping and application of the earnings on the investment of such proceeds. Any outstanding bonds, which shall have been called for redemption and which have sufficient funds or obligations of or guaranteed by the United States Government set aside in safekeeping to be applied for the complete payment of such bonds, interest on such bonds, and redemption premium, if any, on the redemption date, shall not be considered as outstanding and unpaid, and such bonds shall be fully secured by and be payable from such funds or obligations so deposited. Each new refunding bond so issued shall state on the bond (1) the object of its issue, (2) this section of the law under which such issue was made, including a statement that the issue is made pursuant to such section, and (3) the date and principal amount of the bond or bonds for which the refunding bonds are being issued.
Source
Laws 1987, LB 623, § 1.
2023 Nebraska Revised Statutes › Chapter 10 - Bonds › 10-616 - Refunding bonds; issuance by annexing city or village.

10-616.
Refunding bonds; issuance by annexing city or village.
Any city or village which has annexed all or part of any sanitary and improvement district, any road improvement district, or any fire protection district and has become legally liable for the bonds or warrants of the district or any part thereof shall also be authorized to exercise the powers set forth in section 10-615 with respect to such bonds or to issue refunding bonds upon such terms as the governing body shall deem appropriate to call and redeem such warrants at or before maturity.
Source
Laws 1987, LB 623, § 2.
2023 Nebraska Revised Statutes › Chapter 10 - Bonds › 10-617 - Refunding bonds; construction of sections.

10-617.
Refunding bonds; construction of sections.
Sections 10-615 and 10-616 shall be deemed to provide an additional, alternative, and complete method for doing the things authorized in such sections, shall be deemed and construed to be supplemental and additional to the powers conferred by any other laws, and shall not be regarded to be in degradation of any powers existing on April 7, 1987, except that insofar as sections 10-615 and 10-616 are inconsistent with any other law or home rule charter, such sections shall be controlling.
Source
Laws 1987, LB 623, § 3.
2023 Nebraska Revised Statutes › Chapter 10 - Bonds › 10-701 - Issuance; purposes; power of district officers.

10-701.
Issuance; purposes; power of district officers.
The district officers of any school district in Nebraska shall have power, on the terms and conditions set forth in sections 10-702 to 10-716, to issue the bonds of the district for the purpose of (1) purchasing a site for and erecting thereon a schoolhouse or schoolhouses or a teacherage or teacherages, or for such purchase or erection, or purchasing an existing building or buildings for use as a schoolhouse or schoolhouses, including the site or sites upon which such building or buildings are located, and furnishing the same, in such district, (2) retiring registered warrants, and (3) paying for additions to or repairs for a schoolhouse or schoolhouses or a teacherage or teacherages.
Source
Laws 1879, § 1, p. 170;
R.S.1913, § 447;
C.S.1922, § 365;
C.S.1929, § 11-901;
R.S.1943, § 10-701;
Laws 1949, c. 13, § 1, p. 75;
Laws 1951, c. 15, § 1, p. 93;
Laws 1969, c. 49, § 1, p. 266.
Annotations
Procedure for issuance of bonds by school district is authorized. State ex rel. School Dist. v. Board of Equalization, 166 Neb. 785, 90 N.W.2d 421 (1958).
Posted notices of election to vote school bonds is sufficient in districts of less than one hundred fifty pupils. Union P. R. R. Co. v. School Dist. No. 9, of Merrick County, 114 Neb. 578, 208 N.W. 738 (1926).
Prior to 1879, upon division of school district which was subject to bonded indebtedness, territory detached from district was liable for its proportionate share of indebtedness. Manahan v. Adams County, 77 Neb. 829, 110 N.W. 860 (1906).
Where every voter then in the district was present at school meeting at which bonds were voted, lack of request for calling of special meeting and want of notice did not invalidate bonds. State ex rel. Hopper v. School Dist. No. 13 of Webster County, 13 Neb. 466, 14 N.W. 382 (1882).
2023 Nebraska Revised Statutes › Chapter 10 - Bonds › 10-703 - Issuance; election; resolution of board; petition; form; content; exception.

10-703.
Issuance; election; resolution of board; petition; form; content; exception.
A vote shall be ordered upon the issuance of such bonds, either (1) upon resolution of a majority of the members of the school board or board of education, or (2) whenever a petition shall be presented to the district board suggesting that a vote be taken for or against the issuing of such amount of bonds as may therein be asked for (a) to purchase a site for or build a schoolhouse or schoolhouses or a teacherage or teacherages, or to purchase an existing building or buildings for use as a schoolhouse or schoolhouses, including the site or sites upon which such building or buildings are located, (b) for furnishing the necessary furniture and apparatus for the same, (c) for retiring registered warrants, (d) for paying for additions to or repairs for a schoolhouse or schoolhouses or a teacherage or teacherages, or (e) for all of these purposes, which petition shall be signed by at least ten percent of the qualified voters of such district.
Source
Laws 1879, § 3, p. 171;
Laws 1887, c. 75, § 1, p. 596;
R.S.1913, § 449;
C.S.1922, § 367;
C.S.1929, § 11-903;
R.S.1943, § 10-703;
Laws 1949, c. 13, § 3, p. 75;
Laws 1969, c. 49, § 2, p. 267.
Annotations
This section does not apply to school district of Lincoln. State ex rel. School Dist. of the City of Lincoln v. Barton, 91 Neb. 357, 136 N.W. 22 (1912).
School board is without power to call an election to issue bonds for any purpose not suggested in petition signed by the necessary number of electors of district. Allen v. School Dist. Nos. 19 and 41, Joint, of Buffalo and Hall Counties, 89 Neb. 205, 130 N.W. 1050 (1911).
Petition to call election is condition precedent to issuance of bonds, and decision of board on sufficiency of petition is not conclusive but is a judicial question cognizable by the courts. Fullerton v. School Dist. of the City of Lincoln, 41 Neb. 593, 59 N.W. 896 (1894).
Bonds may be issued for either one or all of the purposes stated in this section. School Dist. No. 11, of Dakota County v. Chapman, 152 F. 887 (8th Cir. 1907).
2023 Nebraska Revised Statutes › Chapter 10 - Bonds › 10-705 - Terms; rate of interest.

10-705.
Terms; rate of interest.
The bonds issued under sections 10-701 to 10-716 shall draw such interest as shall be agreed upon.
Source
Laws 1879, § 6, p. 171;
Laws 1907, c. 130, § 1, p. 430;
R.S.1913, § 452;
C.S.1922, § 369;
C.S.1929, § 11-905;
R.S.1943, § 10-705;
Laws 1969, c. 51, § 14, p. 282.
2023 Nebraska Revised Statutes › Chapter 10 - Bonds › 10-707 - Issuance; statement; contents; certification.

10-707.
Issuance; statement; contents; certification.
It shall be the duty of the proper officers of any school district in which any bonds may be voted under the authority of any law of this state, before the issuance of such bonds, to make a written statement of all proceedings relative to the vote upon the issuance of such bonds and the notice of the election, the manner and time of giving notice, the question submitted, and the result of the canvass of the vote on the proposition pursuant to which it is proposed to issue such bonds, together with a full statement of the taxable valuation, the number of children of school age residing in the district, and the total bonded indebtedness of the school district voting such bonds. Such statement shall be certified to under oath by the proper school board of the district.
Source
Laws 1879, § 8, p. 172;
R.S.1913, § 454;
C.S.1922, § 371;
C.S.1929, § 11-907;
R.S.1943, § 10-707;
Laws 1979, LB 187, § 24;
Laws 1992, LB 719A, § 22;
Laws 2001, LB 420, § 13.
Annotations
This section, generally described, requires certification under oath of the procedures and results of a bond election. It does not require certification of the preliminary proceedings that led to the election, including the school board vote that called for it. Pierce v. Drobny, 279 Neb. 251, 777 N.W.2d 322 (2010).
2023 Nebraska Revised Statutes › Chapter 10 - Bonds › 10-711 - Tax levy; sinking fund; exception; funds; distribution.

10-711.
Tax levy; sinking fund; exception; funds; distribution.
It shall be the duty of the county board in each county to levy annually upon all the taxable property in each school district in such county a tax sufficient to pay the interest that will accrue or is accruing upon any bonds that have been or will be issued by such school district and to provide a sinking fund for the final redemption of the same. Such levy shall be made with the annual levy of the county and the taxes collected with other taxes and when collected shall be paid over to the county treasurer of the county in which the administrative office of such school district is located and shall remain in the hands of such county treasurer as a specific fund for the payment of the interest upon such bonds and for the final payment of the same at maturity. At the request of the school board of any district, the county board shall omit making a levy to pay the principal of the bonds when no bonds will be due within fifteen years thereafter.
Source
Laws 1879, § 13, p. 173;
R.S.1913, § 458;
C.S.1922, § 375;
C.S.1929, § 11-911;
Laws 1933, c. 22, § 2, p. 193;
C.S.Supp.,1941, § 11-911;
R.S.1943, § 10-711;
Laws 1969, c. 50, § 1, p. 269;
Laws 1990, LB 924, § 6;
Laws 2023, LB92, § 47.
Operative Date: September 2, 2023
Annotations
In absence of an order by the school board to county treasurer to pay school bonds out of sinking fund, county is not liable for interest accruing on such bonds even though bonds were payable and sinking fund sufficient to discharge them. School District No. 22, of Harlan County v. Harlan County, 127 Neb. 4, 254 N.W. 701 (1934).
Levy of tax for bonds is subject to tax limitation for all school purposes. School Dist. of Central City v. Chicago, B. & Q. R. R. Co., 60 Neb. 454, 83 N.W. 667 (1900).
District liable to holder of bond where county treasurer deposited fund in insolvent bank. Jacobson v. Cary, 51 Neb. 762, 71 N.W. 723 (1897).
Where levy of taxes in one year to pay bonds issued by a school district would be a burden on taxpayers, court on mandamus may apportion the levy over a number of years. State ex rel. Gregory v. School Dist. No. 7, of Sherman County, 22 Neb. 700, 36 N.W. 278 (1888).
Transfer from sinking fund to general fund enjoined. Levy beyond limit is not authorized. Union P. Ry. Co. v. Dawson County, 12 Neb. 254, 11 N.W. 307 (1882).
2023 Nebraska Revised Statutes › Chapter 10 - Bonds › 10-712 - School district, defined.

10-712.
School district, defined.
The phrase school district, as used in section 10-711, is hereby declared to mean the school district as it existed immediately prior to and at the time of the issuance of any bonds by said school district, including all lands, property and inhabitants contained in said school district at the time of the issuance of any bonds, and all portions of said district subsequently separated from said district, whether by the formation of a new district or by any change of boundaries of the original district.
Source
Laws 1879, § 14, p. 173;
R.S.1913, § 459;
C.S.1922, § 376;
C.S.1929, § 11-912;
R.S.1943, § 10-712.
Annotations
New consolidated district held liable for bonds of one of two former districts comprised therein, notwithstanding this section. Clother v. Maher, 15 Neb. 1, 16 N.W. 902 (1883).
2023 Nebraska Revised Statutes › Chapter 10 - Bonds › 10-713 - Sinking fund; investment; requirements; interest earned; how credited.

10-713.
Sinking fund; investment; requirements; interest earned; how credited.
Any money in the hands of any treasurer as a sinking fund for the redemption of bonds which are a valid and legal obligation of the school district to which such money belongs or for the payment of interest on any such bonds, and which is not currently required to retire bonds and pay interest on bonds, shall be invested by the treasurer, when so ordered by the school board or board of education, (1) in bonds, treasury bills or notes of the United States, or (2) in interest-bearing time certificates of deposit in depositories approved and authorized to receive county money, but in no greater amount in any such depository than the same is authorized to receive deposits of county funds. The interest earned on such investments shall be credited to the sinking fund from which the invested funds were drawn.
Source
Laws 1879, § 15, p. 174;
R.S.1913, § 460;
C.S.1922, § 377;
Laws 1923, c. 50, § 1, p. 170;
C.S.1929, § 11-913;
R.S.1943, § 10-713;
Laws 1965, c. 37, § 1, p. 229.
Annotations
School district sinking fund should be invested by county treasurer only when ordered by school board. School District No. 22, of Harlan County v. Harlan County, 127 Neb. 4, 254 N.W. 701 (1934).
2023 Nebraska Revised Statutes › Chapter 10 - Bonds › 10-714 - Payment out of state; procedure.

10-714.
Payment out of state; procedure.
When the interest and principal, or interest only, of such registered bonds are payable in New York City, or elsewhere out of the state, payment shall be therein made at the place so designated in such bond or coupon, or at the commercial agency of the state for such purposes. In order that the funds may not be misapplied, the treasurer shall procure a draft for the amount to be transmitted by drawing his check on some bank in this state, and both check and draft shall be so endorsed as to show upon what bond or bonds the funds shall be applied; or, at the request of the party holding or owning said bonds, payment may be made at the office of said treasurer.
Source
Laws 1879, § 16, p. 174;
R.S.1913, § 461;
C.S.1922, § 378;
C.S.1929, § 11-914;
R.S.1943, § 10-714.
2023 Nebraska Revised Statutes › Chapter 10 - Bonds › 10-715 - Sinking fund; liability of county treasurer; unexpended balance; disposition.

10-715.
Sinking fund; liability of county treasurer; unexpended balance; disposition.
The tax and funds so collected shall be deemed pledged and appropriated to the payment of the interest and principal of the registered bonds herein provided for, until fully satisfied, and the treasurer shall be liable on his official bond for the faithful disbursement of all money so collected or received by him. After the principal and interest of such bonds shall have been fully paid, and all obligations for which such fund and taxes were raised have been discharged, the county clerk, upon the order of the county board, shall notify the county treasurer to transfer all such funds remaining in his hands to the credit of the district to which they belong.
Source
Laws 1879, § 17, p. 175;
Laws 1885, c. 82, § 1, p. 331;
R.S.1913, § 462;
C.S.1922, § 379;
C.S.1929, § 11-915;
R.S.1943, § 10-715.
Annotations
Failure to make provision for transfer from general fund to building fund indicates legislative intent to withhold authority for such transfer. State ex rel. School Dist. v. Board of Equalization, 166 Neb. 785, 90 N.W.2d 421 (1958).
2023 Nebraska Revised Statutes › Chapter 10 - Bonds › 10-716 - Payment; duty of county treasurer; expenses; record; duty of county clerk.

10-716.
Payment; duty of county treasurer; expenses; record; duty of county clerk.
When any registered bonds shall mature, the same shall be paid off by the treasurer at the place where the same shall be payable out of any money in his hands or under his control for that purpose, and when so paid the same shall be endorsed by the treasurer on the face thereof Canceled, together with the date of such payment; and thereupon be filed with the clerk, who shall enter satisfaction of such bonds upon the records of such school district. In case such bonds are payable out of the state, an allowance of one-fourth of one percent shall be made to the treasurer for the expense attendant in making such payment, to be deducted from any money in his hands remaining after payment of such matured bonds.
Source
Laws 1879, § 18, p. 175;
R.S.1913, § 463;
C.S.1922, § 380;
C.S.1929, § 11-916;
R.S.1943, § 10-716.
2023 Nebraska Revised Statutes › Chapter 10 - Bonds › 10-717 - Refunding bonds; authorized; limitation.

10-717.
Refunding bonds; authorized; limitation.
Any school district in the State of Nebraska which has heretofore voted and issued, or which shall hereafter vote and issue, bonds to build or furnish a schoolhouse, or for any other purpose, and which bonds, or any part thereof, still remain unpaid, and remain and are a legal liability against such district and are bearing interest, is hereby authorized to issue refunding bonds with which to call and redeem all or any part of such outstanding bonds at or before the maturity or the redemption date thereof, and may include various series and issues of the outstanding bonds in a single issue of refunding bonds, and issue refunding bonds to pay any redemption premium and interest to accrue and become payable on the outstanding bonds being refunded. The refunding bonds may be issued and delivered at any time prior to the date of maturity or the redemption date of the bonds to be refunded that the school district determines to be in the best interest of the district. The proceeds derived from the sale of refunding bonds issued pursuant to this section may be invested in obligations of, or guaranteed by, the United States Government pending the time the proceeds are required for the purposes for which such refunding bonds were issued. To further secure the refunding bonds, the school district may enter into a contract with any bank or trust company, within or without the state, with respect to the safekeeping and application of the proceeds of the refunding bonds and the safekeeping and application of the earnings on the investment. Any outstanding bonds, which shall have been called for redemption and which have sufficient funds or obligations of, or guaranteed by, the United States Government set aside in safekeeping to be applied for the complete payment of such bonds, interest thereon, and redemption premium, if any on the redemption date, shall not be considered as outstanding and unpaid bonds. All bonds issued under the provisions of sections 10-717 to 10-719 must, on their face, contain a clause that the district issuing such bonds shall have the right to redeem such bonds at the expiration of five years from the date of the issuance thereof.
Source
Laws 1879, § 1, p. 176;
Laws 1893, c. 32, § 1, p. 360;
Laws 1905, c. 139, § 1, p. 574;
R.S.1913, § 464;
C.S.1922, § 381;
C.S.1929, § 11-917;
R.S.1943, § 10-717;
Laws 1955, c. 16, § 1, p. 86;
Laws 1969, c. 51, § 15, p. 282;
Laws 1981, LB 313, § 1.
2023 Nebraska Revised Statutes › Chapter 10 - Bonds › 10-718 - Refunding bonds; required statement.

10-718.
Refunding bonds; required statement.
Each new refunding bond so issued shall state therein (1) the object of its issue, (2) the section or sections of the law under which the issue thereof was made, including a statement that the issue is made in pursuance thereof, and (3) the date and principal amount of the bond or bonds for which the refunding bonds are being issued.
Source
Laws 1879, § 2, p. 177;
R.S.1913, § 465;
C.S.1922, § 382;
C.S.1929, § 11-918;
R.S.1943, § 10-718;
Laws 1955, c. 16, § 2, p. 87;
Laws 1981, LB 313, § 2.
2023 Nebraska Revised Statutes › Chapter 10 - Bonds › 10-719 - Refunding bonds; election not required; payment; tax levy.

10-719.
Refunding bonds; election not required; payment; tax levy.
The new bonds as issued shall not require a vote of the people to authorize such issue, and they shall be paid, and the levy be made and tax collected for their payment, in accordance with laws governing the said bonds heretofore issued.
Source
Laws 1879, § 3, p. 176;
R.S.1913, § 466;
C.S.1922, § 383;
C.S.1929, § 11-919;
R.S.1943, § 10-719.
2023 Nebraska Revised Statutes › Chapter 10 - Bonds › 10-801 - Issuance; purposes; limit; election required; power of county board.

10-801.
Issuance; purposes; limit; election required; power of county board.
The county board of any county of this state shall have authority to issue the bonds of such county in an amount not to exceed one and eight-tenths percent of the taxable valuation of the county and not to exceed one million dollars for the purpose of raising money to be advanced or loaned by such county to destitute and needy sufferers from cyclone, tornado, or destructive windstorm in such county. No such bonds shall be issued until the question of the issuing of the same has been submitted to the electors of the county at a general or special election as provided by sections 10-801 to 10-807.
Source
Laws 1913, c. 229, § 1, p. 662;
R.S.1913, § 471;
C.S.1922, § 388;
C.S.1929, § 11-1001;
R.S.1943, § 10-801;
Laws 1979, LB 187, § 25;
Laws 1980, LB 599, § 3;
Laws 1992, LB 719A, § 23.
2023 Nebraska Revised Statutes › Chapter 10 - Bonds › 10-802 - Issuance; terms; election; notice; vote.

10-802.
Issuance; terms; election; notice; vote.
If the people of any county in the State of Nebraska, or a considerable number thereof, shall be in destitute, dependent, or needy circumstances on account of any cyclone, tornado or destructive windstorm, the county board of such county may call an election, and said board and the county clerk of such county shall give notice of such election by publication in two consecutive issues of one or more newspapers published and of general circulation in such county, and by posting a notice at the polling places in each election precinct therein. If a majority of the votes cast at such election shall be in favor of issuing said bonds, the county board shall issue the bonds of the county payable in not more than ten years, with interest payable semiannually. The county shall reserve to itself the privilege of paying off all or any part of said bonds, at any time on or after five years, by inserting a provision to that effect in the proposition submitting said bonds, and in the bonds when issued.
Source
Laws 1913, c. 229, § 2, p. 663;
R.S.1913, § 472;
C.S.1922, § 389;
C.S.1929, § 11-1002;
R.S.1943, § 10-802;
Laws 1947, c. 15, § 7, p. 86;
Laws 1969, c. 51, § 16, p. 282.
2023 Nebraska Revised Statutes › Chapter 10 - Bonds › 10-803 - Election; proposition; contents; proceeds of sale of bonds; disposition; procedure; expenses.

10-803.
Election; proposition; contents; proceeds of sale of bonds; disposition; procedure; expenses.
The proceeds of such bonds shall be used for the purpose of assisting destitute or needy sufferers from any cyclone, tornado or destructive windstorm, to repair or rebuild their homes or dwelling houses, damaged or destroyed by such cyclone, tornado or windstorm, such assistance to be provided in the following manner: The county may loan or advance to any such destitute or needy sufferer, for the purpose of repairing or rebuilding his or her dwelling house, such sum as may be determined upon by the county board or by the board named by the county board for that purpose, upon the borrower executing his or her note to the county, secured by a mortgage upon the premises upon which such dwelling house or home is or is to be located. The county may at any time transfer or assign such note and mortgage for a valuable consideration, upon approval by the county board. Such note and mortgage may be executed for a period of not more than ten years. The loans of such money shall be made by a board of five resident freeholders of such county, who shall be appointed by the county board thereof, and shall be named in the proposition submitting such bonds to the vote of the electors of the county. The county board shall provide the details for effecting the loans, and the manner in which and the conditions under which the same shall be made; but all such provisions shall be determined upon by the county board prior to the submission of such bonds, and shall be set forth in the proposition submitting the same to the vote of the electors. The county board may use or set aside not more than five percent of the proceeds of the sale of such bonds for the purpose of paying the expenses of the board provided for, and its employees, in administering and carrying out the provisions of sections 10-801 to 10-807.
Source
Laws 1913, c. 229, § 3, p. 663;
R.S.1913, § 473;
C.S.1922, § 390;
C.S.1929, § 11-1003;
R.S.1943, § 10-803.
2023 Nebraska Revised Statutes › Chapter 10 - Bonds › 10-804 - Election; proposition; contents; payment; tax levy.

10-804.
Election; proposition; contents; payment; tax levy.
The proposition, when submitted, shall state the amount necessary to be raised each year for the payment of the interest on the bonds and for the payment of the principal thereof at maturity. When such bonds shall have been issued or authorized to be issued, the proper officers of such county shall cause to be annually levied and collected a special tax upon all taxable property of such county to raise the annual amount designated in the proposition and to pay the interest and principal of such bonds.
Source
Laws 1913, c. 229, § 5, p. 664;
R.S.1913, § 475;
C.S.1922, § 392;
C.S.1929, § 11-1005;
R.S.1943, § 10-804;
Laws 2023, LB92, § 48.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 10 - Bonds › 10-805 - Election; proposition; contents; sinking fund; creation; use.

10-805.
Election; proposition; contents; sinking fund; creation; use.
The proposition, when submitted to the electors, shall provide for a sinking fund, to which shall be credited the proceeds of loans sold by or repaid to the county; and such fund, when available, shall be used to pay the interest on said bonds and the principal thereof at maturity;
Provided, however,
any part of the sinking fund may be reloaned for the purposes specified in sections 10-801 to 10-807, when authorized by the county board.
Source
Laws 1913, c. 229, § 6, p. 664;
R.S.1913, § 476;
C.S.1922, § 393;
C.S.1929, § 11-1006;
R.S.1943, § 10-805.
2023 Nebraska Revised Statutes › Chapter 10 - Bonds › 10-806 - Bondholders' rights.

10-806.
Bondholders' rights.
Any county which shall have issued its bonds pursuant to sections 10-801 to 10-807 shall be estopped from pleading want of consideration therefor, and the proper officers of such county may be compelled by mandamus, or otherwise, to levy the tax herein authorized.
Source
Laws 1913, c. 229, § 7, p. 665;
R.S.1913, § 477;
C.S.1922, § 394;
C.S.1929, § 11-1007;
R.S.1943, § 10-806.
2023 Nebraska Revised Statutes › Chapter 10 - Bonds › 10-807 - Misrepresentations for aid; penalty.

10-807.
Misrepresentations for aid; penalty.
Any person who shall make any false statement to the county board or to the board provided for in sections 10-801 to 10-807, or to any of its assistants or employees, for the purpose of obtaining a loan or aid of any kind, as a sufferer from cyclone, tornado or destructive windstorm, shall be guilty of a Class I misdemeanor.
Source
Laws 1913, c. 229, § 4, p. 664;
R.S.1913, § 474;
C.S.1922, § 391;
C.S.1929, § 11-1004;
R.S.1943, § 10-807;
Laws 1977, LB 40, § 70.
2023 Nebraska Revised Statutes › Chapter 10 - Bonds › 10-1001 - Governor; powers.

10-1001.
Governor; powers.
To permit the orderly continuation of the issuance of private activity bonds pursuant to the Internal Revenue Code, the Governor may by executive order:
(1) Allocate or establish a method for the allocation of the private activity bond state ceiling set forth in the Internal Revenue Code among any or all entities in the State of Nebraska having the authority to issue private activity bonds or governmental bonds; and
(2) Delegate any administrative authority vested in him or her under this section to any state agency or any instrumentality which exercises essential public functions.
Source
Laws 1988, LB 1233, § 1;
Laws 1995, LB 574, § 14.
2023 Nebraska Revised Statutes › Chapter 10 - Bonds › 10-1102 - Applicability of act.

10-1102.
Applicability of act.
The creation of security interests and pledges by governmental units is controlled by other provisions of law. The Nebraska Governmental Unit Security Interest Act governs the perfection, priority, and enforcement of all security interests created by governmental units.
Source
Laws 2000, LB 929, § 18.
2023 Nebraska Revised Statutes › Chapter 10 - Bonds › 10-1103 - Terms, defined.

10-1103.
Terms, defined.
For purposes of the Nebraska Governmental Unit Security Interest Act:
(1) Authorizing statute means any statute which authorizes the issuance of bonds;
(2) Bond means any bond, note, warrant, loan agreement, lease, lease-purchase agreement, pledge agreement, agreement authorized by the governing body of a generating power agency pursuant to section 70-682, or other evidence of indebtedness for which a security interest is granted or a pledge made upon revenue or other property, including any limited tax revenue, to provide for payment or security;
(3) Governmental unit means the State of Nebraska, any county, school district, city, village, public power district, sanitary and improvement district, educational service unit, community college area, natural resources district, airport authority, fire protection district, hospital authority, joint entity created under the Interlocal Cooperation Act, joint public agency, instrumentality, or any other district, authority, or political subdivision of the State of Nebraska and governmental units as defined in subdivision (a)(45) of section 9-102, Uniform Commercial Code;
(4) Measure means any ordinance, resolution, or other enactment authorizing the issuance of bonds or authorizing an indenture with respect to bonds pursuant to an authorizing statute; and
(5) Owner means any holder, registered owner, or beneficial owner of a bond.
Source
Laws 2000, LB 929, § 19;
Laws 2016, LB897, § 1.
Cross References
Interlocal Cooperation Act, see section 13-801.
2023 Nebraska Revised Statutes › Chapter 10 - Bonds › 10-1104 - Perfection.

10-1104.
Perfection.
Any security interest created by a governmental unit pursuant to an authorizing statute is perfected by the adoption of the measure or measures from the date on which the measure takes effect without the need for any physical delivery, filing, or recording in any office.
Source
Laws 2000, LB 929, § 20.
2023 Nebraska Revised Statutes › Chapter 10 - Bonds › 10-1105 - Priority.

10-1105.
Priority.
The priority of any security interest created by a governmental unit shall be governed by the contractual terms set forth in the measure or measures, including the terms of any indenture or any other agreement approved by the measure or measures, adopted by the governmental unit. No security interest having priority over an existing security interest may be created in violation of the terms of an existing measure governing outstanding bonds.
Source
Laws 2000, LB 929, § 21.
2023 Nebraska Revised Statutes › Chapter 10 - Bonds › 10-1106 - Enforcement; determination of default.

10-1106.
Enforcement; determination of default.
The terms of any applicable authorizing statute shall govern the enforcement of any security interest to the extent that the authorizing statute contains express provisions relating to enforcement or authorizes a governmental unit to contract with respect to enforcement. In the absence of any such express provisions in an authorizing statute, the following provisions apply:
(1) Any measure may include provisions determining what events constitute events of default. In the absence of any express provision relating to default in any measure, the governmental unit is in default so long as any default in payment with respect to principal, interest, or premium on a bond has occurred and remains uncured;
(2) Any trustee designated in or under the terms of a measure shall have the right, if a default has occurred, to have a receiver appointed for the collection of any revenue or property in which a security interest is granted, and if the revenue is from any revenue-producing undertaking, any such receiver may also be appointed to operate and manage such revenue-producing undertaking for the benefit of the owners of the bonds in accordance with the terms of the measure or measures authorizing their issuance;
(3) If there is no trustee designated in or under the terms of a measure, any owner of a bond shall have the right, if a default has occurred, to have a receiver appointed for the collection of any revenue or property in which a security interest is granted and, if the revenue is from any revenue-producing undertaking, any such receiver may also be appointed to operate and manage such revenue-producing undertaking for the benefit of the owners of the bonds in accordance with the terms of the measure or measures authorizing their issuance;
(4) Any trustee designated in or under the terms of any measure or any owner of a bond, if there is no trustee designated, shall have the right to bring proceedings against the governing body of the governmental unit to order the imposing of rates or charges with respect to any revenue-producing undertaking sufficient to provide for payment of principal, interest, and premium on a bond or bonds as the same fall due; and
(5) Any trustee designated in or under the terms of any measure or any owner of a bond shall have the right to exercise any other remedy provided by law.
Source
Laws 2000, LB 929, § 22.
2023 Nebraska Revised Statutes › Chapter 10 - Bonds › 10-1202 - Legislative findings.

10-1202.
Legislative findings.
The Legislature hereby finds and declares that there currently exist and may hereafter exist conditions which make it difficult for governmental units to issue and sell their bonds or other evidences of indebtedness and to obtain credit at reasonable interest rates and that the United States Government has authorized certain of its agencies and instrumentalities to provide credit support for state and local governmental units under more favorable terms.
Source
Laws 2009, LB377, § 2.
2023 Nebraska Revised Statutes › Chapter 10 - Bonds › 10-1204 - Credit facility; authorized; approval; terms and conditions.

10-1204.
Credit facility; authorized; approval; terms and conditions.
Any governmental unit in the State of Nebraska may obtain credit support for its bonds by entering into or obtaining a credit facility for any of its bonds from any United States governmental enterprise or from any bank providing a credit facility which is confirmed or otherwise supported by a credit facility provided by a United States governmental enterprise. Any credit facility shall be approved by a measure adopted before or after issuance of any bonds. Each credit facility shall have such terms and conditions as shall be approved by a measure adopted by the governmental unit before or after the issuance of bonds.
Source
Laws 2009, LB377, § 4.
2023 Nebraska Revised Statutes › Chapter 10 - Bonds › 10-1205 - Credit facility or related agreement; payments authorized.

10-1205.
Credit facility or related agreement; payments authorized.
Any credit facility or related agreement may provide for payment of amounts owing by the governmental unit from any resources of the governmental unit as may be deemed appropriate by the governing body, including taxes and other revenue. Any amounts required to reimburse the provider of a credit facility for amounts advanced for payment of principal and interest or for purchase of a bond or for related fees and expenses shall have the same status under sections 13-520 and 77-3442 as the indebtedness for which the credit facility has been provided. Such indebtedness includes, without limitation, the payments of principal and interest for which the advance or purchase was made or the fees and expenses incurred.
Source
Laws 2009, LB377, § 5.
2023 Nebraska Revised Statutes › Chapter 10 - Bonds › 10-1206 - Act; construction with other law or home rule charters.

10-1206.
Act; construction with other law or home rule charters.
The Nebraska Governmental Unit Credit Facility Act shall be independent of and in addition to any other provision of law of the State of Nebraska or provisions of home rule charters, and any credit facility may be obtained under the act for any purpose authorized in the act even though other laws of the State of Nebraska or provisions of home rule charters may provide for the obtaining of a credit facility for the same or similar purposes. The act shall not be considered amendatory of or limited by any other law of the State of Nebraska or provisions of home rule charters, and any credit facility may be obtained under the act without complying with the restrictions or requirements of any other law of the State of Nebraska, except when specifically required by the act, or without complying with the restrictions or requirements of home rule charters. Nothing in the act shall prohibit or limit the obtaining of any credit facility in accordance with other applicable laws of the State of Nebraska or of home rule charters, if the governing body of a governmental unit determines to obtain such credit facility under such other laws or charter or otherwise limit the provisions of any home rule charter.
Source
Laws 2009, LB377, § 6.
2023 Nebraska Revised Statutes › Chapter 11 - Bonds and Oaths, Official › 11-101.01 - Oath of office; state and political subdivisions; employees; form.

11-101.01.
Oath of office; state and political subdivisions; employees; form.
All persons in Nebraska, with the exception of executive and judicial officers and members of the Legislature who are required to take the oath prescribed by Article XV, section 1, of the Constitution of Nebraska, who are paid from public funds for their services, including teachers and all other employees paid from public school funds, shall be required to take and subscribe an oath in writing, before a person authorized to administer oaths in this state, and file same with the Department of Administrative Services, or the county clerk of the county where such services are performed, which oath shall be as follows:
I, .........., do solemnly swear that I will support and defend the Constitution of the United States and the Constitution of the State of Nebraska, against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or for purpose of evasion; and that I will faithfully and impartially perform the duties of the office of .......... according to law, and to the best of my ability. And I do further swear that I do not advocate, nor am I a member of any political party or organization that advocates the overthrow of the government of the United States or of this state by force or violence; and that during such time as I am in this position I will not advocate nor become a member of any political party or organization that advocates the overthrow of the government of the United States or of this state by force or violence. So help me God.
Source
Laws 1951, c. 206, § 1, p. 765;
Laws 1967, c. 35, § 1, p. 158.
2023 Nebraska Revised Statutes › Chapter 11 - Bonds and Oaths, Official › 11-101.02 - Oath of office; false statement; penalty.

11-101.02.
Oath of office; false statement; penalty.
If any false statement is made in taking either of the oaths prescribed in sections 11-101 and 11-101.01, the person making such false statement shall be deemed guilty of a Class IV felony. No person convicted of perjury in taking the oath as prescribed in either section 11-101 or 11-101.01, shall hold any nonelective position, job, or office for the State of Nebraska, or any political subdivision thereof, where the remuneration of such position, job, or office is paid in whole or in part by public money or funds of the State of Nebraska, or of any political subdivision thereof.
Source
Laws 1951, c. 206, § 3, p. 767;
Laws 1977, LB 40, § 71.
2023 Nebraska Revised Statutes › Chapter 11 - Bonds and Oaths, Official › 11-101.03 - Oath; affirmation; effect.

11-101.03.
Oath; affirmation; effect.
Whenever an oath is required by section 11-101 or 11-101.01, the affirmation of a person conscientiously scrupulous of taking an oath shall have the same effect.
Source
Laws 1951, c. 206, § 5, p. 768.
2023 Nebraska Revised Statutes › Chapter 11 - Bonds and Oaths, Official › 11-102 - Bonds; state officers; form.

11-102.
Bonds; state officers; form.
All official bonds of state officers must be in form joint and several, and made payable to the State of Nebraska in such penalty and with such conditions as required by sections 11-101 to 11-122, or the law creating or regulating the office;
Provided, however,
all bonds of state officers in excess of one hundred thousand dollars, when executed by more than one guaranty, surety, fidelity or bonding company as sureties, may be several in form and limit the liability of any one company to an amount less than the total penalty of the bond, provided that the aggregate amount shall not be less than the penalty required by law.
Source
Laws 1881, c. 13, § 2, p. 94;
R.S.1913, § 5708;
C.S.1922, § 5038;
C.S.1929, § 12-102;
Laws 1935, c. 21, § 1, p. 104;
C.S.Supp.,1941, § 12-102;
R.S.1943, § 11-102.
Annotations
Bond of village treasurer, joint and several in form, is not void as to surety because of failure of principal to sign it. Village of Hampton v. Gausman, 136 Neb. 550, 286 N.W. 757 (1939).
2023 Nebraska Revised Statutes › Chapter 11 - Bonds and Oaths, Official › 11-103 - Bonds; county, township, school district, precinct officers; form.

11-103.
Bonds; county, township, school district, precinct officers; form.
All official bonds of county, township, school district, and precinct officers must be in form joint and several, and made payable to the county in which the officer giving the same shall be elected or appointed, in such penalty and with such conditions as required by sections 11-101 to 11-122 or the law creating or regulating the duties of the office.
Source
Laws 1881, c. 13, § 3, p. 95;
R.S.1913, § 5709;
C.S.1922, § 5039;
C.S.1929, § 12-103;
R.S.1943, § 11-103.
Annotations
1. Form
2. Validity
3. Effect
1. Form
Elected county officials are required to give individual official bonds. Blanket bond is not sufficient. Foote v. County of Adams, 163 Neb. 406, 80 N.W.2d 179 (1956).
Term of office need not be set out in bond. Perkins County v. Miller, 55 Neb. 141, 75 N.W. 577 (1898).
Bond of deputy sheriff must run to county. Riggs v. Miller, 34 Neb. 666, 52 N.W. 567 (1892).
Failure to insert names of sureties in body of bond is immaterial. Stewart v. Carter, 4 Neb. 564 (1876).
2. Validity
Bond given by one entrusted with state or county funds is an official bond, and a provision therein which is in violation of statute and requires an official duty of the officer which is not required by law is against public policy and void. United States F. & G. Co. v. McLaughlin, 76 Neb. 307, 107 N.W. 577 (1906).
Joint bond is good as to sureties. Clark v. Douglas, 58 Neb. 571, 79 N.W. 158 (1899).
Official bond being in form joint, instead of joint and several, is not void. Perkins County v. Miller, 55 Neb. 141, 75 N.W. 577 (1898).
Until delivery of bond to proper officer and its approval, bond is not binding upon the obligors, and withdrawal of surety and erasure of name prior to delivery without knowledge or consent of others releases all. Hagler v. State, 31 Neb. 144, 47 N.W. 692 (1891).
A constable's bond, voluntarily given with a reasonable sum fixed as penalty therein, is binding on sureties. Noble v. Himeo, 12 Neb. 193, 10 N.W. 499 (1881); Williams v. Golden, 10 Neb. 432, 6 N.W. 766 (1880).
Bond running to "the people of the State of Nebraska", instead of to Dodge County was merely irregular, which could not be taken advantage of by officer or his surety in action on bond. Kopplekom v. Huffman, 12 Neb. 95, 10 N.W. 577 (1881).
Official bond of sheriff is not void because given to state instead of proper county as obligee. Huffman v. Koppelkom, 8 Neb. 344, 1 N.W. 243 (1879).
3. Effect
While all official bonds of county officers must be payable to county, one who performs duties of deputy county officer, holding himself out as such, is officer de facto and liable to prosecution, notwithstanding failure to take oath or give bond. Baker v. State, 112 Neb. 654, 200 N.W. 876 (1924).
Sureties on official bond are not liable for acts which are not required by law to be performed by officers. Ottenstein v. Alpaugh, 9 Neb. 237, 2 N.W. 219 (1879).