Chapter 23 — COUNTY GOVERNMENT AND OFFICERS
1,275 sections in this chapter.
Neb. Rev. Stat. § 23-292 Township organization; how discontinued.
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Any county which has township organization shall discontinue the same whenever the majority of the registered voters of the county voting on the question of such discontinuance so decide in the manner provided in sections 23-293 to 23-295.
Neb. Rev. Stat. § 23-293 Township organization; discontinuance; procedure.
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(1) In counties under township organization, a registered voter may file a petition or petitions for submission of the question of the discontinuance of township organization to the registered voters of the county. The petition or petitions shall be signed by registered voters eq…
Neb. Rev. Stat. § 23-294 Township organization; discontinuance; election; ballot; form.
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(1) If the petition or county board resolution to discontinue township organization specifies a five-member county board of commissioners pursuant to section 23-293, the questions on the ballot shall be respectively: For discontinuance of township organization and creation of a f…
Neb. Rev. Stat. § 23-295 Township organization; discontinuance; when effective.
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If a majority of the votes cast on the question are for the discontinuance of township organization, then such organization shall cease to exist effective at the expiration of the supervisors' terms of office in January of the third calendar year following such election.
Neb. Rev. Stat. § 23-296 Township organization; cessation; establishment of commissioner system.
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When township organization ceases in any county as provided by sections 23-292 to 23-295, a commissioner system shall be established. The county board of commissioners shall have five or seven members as specified in the petition or county board resolution pursuant to section 23-…
Neb. Rev. Stat. § 23-297 Commissioner system creation; districts; elected members; how treated.
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(1) If the voters vote for creation of a seven-member county board of commissioners, the commissioner districts shall be the same districts as the former supervisor districts unless changed at a later date as provided by section 23-149 and the supervisors whose terms have not exp…
Neb. Rev. Stat. § 23-298 Township organization; cessation; commissioners; succeed supervisors.
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The board of county commissioners, as herein provided, shall be the legal successor of the board of supervisors in said county. Such board shall thereafter be governed by the laws that shall govern counties not under township organization, and in the same manner that said county …
Neb. Rev. Stat. § 23-299 Township organization; cessation; town records; indebtedness and unexpended balances; how discharged; township library; disposition.
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(1) If township organization is discontinued in any county, the town clerk in each town in such county, as soon as the county board is qualified pursuant to section 23-297, shall deposit with the county clerk of the county all town records, papers, and documents pertaining to the…
Transferred to section 20-160.
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[Repealed or reserved.]
Neb. Rev. Stat. § 23-301 County resurvey; petition; contents; election.
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Upon petition filed with the county clerk of any county, signed by twenty percent of the qualified voters of said county as shown by the last preceding election and praying the county board to submit the proposition of ordering a resurvey, in whole or in part, of said county for …
Neb. Rev. Stat. § 23-302 County resurvey; election; canvass of votes.
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The vote on the proposition shall be canvassed in the same manner as the vote on county officers. If a majority of the votes upon said proposition shall be in favor of the same, the county board shall within thirty days notify the Board of Educational Lands and Funds who shall re…
Neb. Rev. Stat. § 23-303 County resurvey; cost; tax; bonds; submission to voters.
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In case the question of said resurvey has been submitted to the voters of the entire county, the cost of said resurvey may be paid out of the county general fund in case there is money there available for that purpose. If not, the cost may be provided for by an issue of bonds or …
Neb. Rev. Stat. § 23-304 Irregular tracts of land; survey.
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It shall be the duty of the county board of each organized county in the State of Nebraska to cause to be surveyed, by a competent surveyor, all irregular subdivided tracts or lots of land, other than regular government subdivisions, and cause the same to be platted on a scale of…
Neb. Rev. Stat. § 23-305 Irregular tracts of land; survey; maps.
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The board shall cause duplicate maps to be made, on which said tracts or lots of land shall be accurately described by lines and numbered from one up to the highest number of such tracts in each section, which numbers together with the number of the section, town and range, shall…
Neb. Rev. Stat. § 23-306 Irregular tracts of land; survey; field notes; record.
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The board shall also cause to be entered in duplicate, in suitable books to be provided for that purpose, the field notes of all such tracts of land within their respective counties, wherein shall be described each tract according to survey, and each tract shall be therein number…
Neb. Rev. Stat. § 23-307 Irregular tracts of land; legal description.
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When the maps and books of field notes shall be filed as hereinbefore provided, the description of any tract or lot of land described in said maps, by number, section, town and range, shall be a sufficient and legal description thereof for revenue and all other purposes.
Neb. Rev. Stat. § 23-308 Watercourses; diversion of channel; dams and dikes; when authorized.
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Whenever any portion of a county exceeding three hundred and twenty acres in amount is put in peril of destruction by reason of the probable diversion of the channel of any river or watercourse, and whenever a petition stating such fact, signed by twenty freeholders in the precin…
Neb. Rev. Stat. § 23-309 Levees; dikes; construction; when authorized.
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The supervisors or board of county commissioners of any county in this state shall have the power, as hereinafter provided, to construct, establish or cause to be constructed and established any levee, dike, bank protection or current control in any river or stream wholly within …
Neb. Rev. Stat. § 23-310 Levees; dikes; petition of landowners; contents; filing.
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Such board of supervisors or county commissioners shall act only upon a written petition signed by the owners of the majority of the land likely to be affected by the proposed levee, dike, bank protection or current control. The petition shall set forth the necessity for the leve…
Neb. Rev. Stat. § 23-3101 Act, how cited.
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Sections 23-3101 to 23-3115 shall be known and may be cited as the County Purchasing Act.
Neb. Rev. Stat. § 23-3102 Purpose of act.
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The purpose of the County Purchasing Act is to provide a uniform purchasing procedure for county purchases of equipment, supplies, other items of personal property, and services and to provide for county sales of surplus personal property which is obsolete or not usable by the co…
Neb. Rev. Stat. § 23-3103 Legislative intent.
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The Legislature encourages counties to work together under the provisions of the County Purchasing Act when joint purchases would be to the best advantage of such counties.
Neb. Rev. Stat. § 23-3104 Terms, defined.
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As used in the County Purchasing Act, unless the context otherwise requires: (1) Mobile equipment means all vehicles propelled by any power other than muscular, including, but not limited to, motor vehicles, off-road designed vehicles, motorcycles, passenger cars, self-propelled …
Neb. Rev. Stat. § 23-3105 Purchasing agent; compensation; bond.
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The county board of a county with a population of more than one hundred fifty thousand shall and the county board of any other county may employ a purchasing agent who shall not be a county officer of the county. All purchases made from appropriated funds of the county shall be m…
Neb. Rev. Stat. § 23-3106 Purchasing agent or county board; powers; election supplies.
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The purchasing agent, under the supervision of the county board, or the county board, if there is no purchasing agent, shall purchase all personal property and services required by any office, officer, department, or agency of the county government in the county, subject to the C…
Neb. Rev. Stat. § 23-3107 County board or purchasing agent; administrative duties.
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The county board or purchasing agent, subject to the approval of the county board, shall: (1) Prescribe the manner in which personal property shall be purchased, delivered, and distributed; (2) prescribe dates for making estimates, the future period which they are to cover, the f…
Neb. Rev. Stat. § 23-3108 Purchases; how made.
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(1) Except as provided in section 23-3109, purchases of personal property or services by the county board or purchasing agent shall be made: (a) Through the competitive sealed bidding process prescribed in section 23-3111 if the estimated value of the purchase is: (i) Before Janu…
Neb. Rev. Stat. § 23-3109 Competitive bidding; when not required; waiver of bidding requirements; when; auction; procedure.
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(1) Competitive bidding shall not be required (a) when purchasing unique or noncompetitive items, (b) when purchasing petroleum products, (c) when obtaining professional services or equipment maintenance, or (d) when the price has been established by one of the following: (i) The…
Neb. Rev. Stat. § 23-311 Levees; dikes; site; surveys and reports; duty of engineer.
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It shall be the duty of such board to act promptly upon all such petitions. Upon the filing of the petition with the county clerk, as provided in section 23-310, the county clerk shall transmit a copy thereof to a competent engineer to be selected by the board, who, together with…
Neb. Rev. Stat. § 23-3110 Competitive bidding; considerations.
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In awarding the bid, the following elements shall be given consideration when applicable: (1) The price; (2) The ability, capacity, and skill of the supplier to perform; (3) The character, integrity, reputation, judgment, experience, and efficiency of the supplier; (4) The qualit…
Neb. Rev. Stat. § 23-3111 Competitive bidding; procedure.
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When competitive sealed bidding is required by section 23-3108: (1) Sealed bids shall be solicited by public notice in a legal newspaper of general circulation in the county at least once a week for two consecutive weeks before the final date of submitting bids; (2) In addition t…
Neb. Rev. Stat. § 23-3112 Insufficient funds; compliance with budget; wrongful purchase, effect.
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Except in an emergency, which the county board shall declare by resolution, no order for delivery on a contract on open market order for personal property or services for any county department or agency shall be awarded until the county clerk is satisfied that the unencumbered ba…
Neb. Rev. Stat. § 23-3113 Purchasing agent or staff; financial interest prohibited; penalty; county board; limitation.
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(1) Neither the county purchasing agent nor any member of his or her office staff, if any, shall be financially interested in or have any personal beneficial interest, either directly or indirectly, in any contract or purchase order for any personal property or services used by o…
Neb. Rev. Stat. § 23-3114 Equipment; lease; contract.
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The county board, in addition to other powers granted it by law, may enter into contracts for lease of real or personal property for authorized purposes. Such leases shall not be restricted to a single year and may provide for the purchase of the property in installment payments.…
Neb. Rev. Stat. § 23-3115 Surplus personal property other than mobile equipment; surplus mobile equipment; sale; conditions.
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(1)(a) The county board or the purchasing agent, with the approval of the county board, may authorize a county official or employee to sell surplus personal property, other than mobile equipment, which is obsolete or not usable by the county and which has a value of: (i) Before J…
Neb. Rev. Stat. § 23-312 Levees; dikes; report of engineer; filing; notice of hearing.
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As soon as the report of the engineer is filed with the county clerk, it shall be the duty of the county clerk to give notice of the filing thereof by publication for three consecutive weeks in some weekly newspaper published in the county where the improvement is to be made, and…
Neb. Rev. Stat. § 23-313 Levees; dikes; petition; remonstrance; hearing; powers of board.
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On or before the day fixed for the hearing of such report the owners of any land affected by the work proposed may remonstrate against said petition and report, which remonstrance shall be verified by affidavit. If more than one party remonstrates, the same shall be consolidated …
Neb. Rev. Stat. § 23-314 Levees; dikes; plan for protection; approval by Director-State Engineer.
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If at the time fixed for the hearing of the report, the supervisors or board of commissioners shall find that notice has been given, as required by section 23-312, and further find that the proposed work is of public utility, convenience, welfare or safety, and that the benefits …
Neb. Rev. Stat. § 23-315 Levees; dikes; bids; contracts; conditions.
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(1) If after the hearing the supervisors or board of county commissioners decide to proceed with the improvement, they shall let the contract for the construction of the work as a whole or in parcels as they may deem best. They shall give notice of the time and place the contract…
Neb. Rev. Stat. § 23-316 Levees; dikes; construction; special assessments.
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As soon as the contract or contracts are let for the construction of the work as provided in section 23-315, the supervisors or board of county commissioners shall levy a special assessment on all the lands specially benefited in accordance with the benefits received as confirmed…
Neb. Rev. Stat. § 23-317 Levees; dikes; special assessments; entry on tax list; lien.
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The board of supervisors or county commissioners shall cause the special assessment made upon the lands benefited as provided in section 23-316 to be entered upon the tax lists of the county as provided in cases of special assessments, which assessment shall constitute a lien on …
Neb. Rev. Stat. § 23-318 Levees; dikes; assessments; notice.
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Within ten days after such work has been completed and approved by the board, the board shall cause a notice to all persons whose lands are benefited by such improvement to be published for three successive weeks in a legal newspaper published and of general circulation in such c…
Neb. Rev. Stat. § 23-319 Levees; dikes; bonds; when authorized; term; sinking fund.
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After sixty days from the completion and approval of the work it shall be the duty of the county board to issue the bonds of the county in the amount of the assessment remaining unpaid at said time, payable in not to exceed ten equal annual installments with interest on deferred …
Neb. Rev. Stat. § 23-320 Levees; dikes; assessments; appeal to district court; procedure.
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Any person who appeared and filed a remonstrance as to the benefits received by him or her through such improvement or as to the amount of his or her assessment before the supervisors or board of commissioners at the hearing as provided in section 23-313 shall be allowed an appea…
Neb. Rev. Stat. § 23-320.01 Flood control; powers of county board; contracts with federal government; appropriation of funds.
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In any county of the State of Nebraska in which the Corps of Engineers of the United States Army, the Bureau of Reclamation, Natural Resources Conservation Service, or other department or agency of the federal government shall be authorized by Congress to construct works for floo…
Neb. Rev. Stat. § 23-320.02 Flood control; acquisition of lands, rights-of-way, and easements; procedure.
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In any county, such as described in section 23-320.01, where it is necessary as a condition to the construction of any flood control works or other similar projects as provided in sections 23-320.01 to 23-320.07, that the county furnish the necessary lands, rights-of-way, or ease…
Neb. Rev. Stat. § 23-320.03 Flood control; bonds; amount; term; levy of tax.
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Whenever in such county it is necessary to pay any construction costs and expenses in excess of the amounts paid by the federal government or to acquire any lands, rights-of-way, or easements under sections 23-320.01 to 23-320.06, the cost thereof and expenses connected therewith…
Neb. Rev. Stat. § 23-320.04 Flood control; liability on indemnity agreements; how paid; insurance.
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Any loss, damage or expense for which the county or the county board may be liable by reason of having entered into an indemnity agreement or undertaking to protect and defend the federal government against loss or damage resulting from or growing out of such flood control works …
Neb. Rev. Stat. § 23-320.05 Flood control; maintenance and operation; coordinated program; tax levy; special fund; establish; use.
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For the purpose of maintaining and operating such flood control works or other similar projects as provided in sections 23-320.01 to 23-320.07 when the works or projects have been completed and turned over to the county and also for the purpose of developing and carrying out a co…
Neb. Rev. Stat. § 23-320.06 Flood control; agreements with other governmental agencies; construction, maintenance, repair, and operation; coordinated program; employment of nonprofit corporation.
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For the purpose of carrying out any of the provisions of sections 23-320.01 to 23-320.06, the county board is hereby authorized to enter into agreements with (1) the United States of America or any department or agency thereof, (2) any city, (3) any drainage district, (4) any oth…