Chapter 31 — DRAINAGE
492 sections in this chapter.
Neb. Rev. Stat. § 31-733 District; trustees; board; powers and duties; appointment of administrator; powers; duties; compensation.
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Within thirty days after the district court has declared the district a public corporation, the trustees appointed by the court shall meet and elect one of their number chairperson and one of their number clerk of the district. Except as otherwise provided, the board shall (1) ad…
Neb. Rev. Stat. § 31-734 District; chairperson, clerk, administrator; bond; premium.
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The chairperson and clerk or administrator of any such district shall, upon assuming his or her respective office, execute and file with the county clerk of the county in which such district, or the greater portion of the area thereof, is located, a bond, with one or more suretie…
Neb. Rev. Stat. § 31-735 District; trustees; election; procedure; term; notice; qualified voters; reduction in number of trustees; procedure.
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(1) On the first Tuesday after the second Monday in September which is at least fifteen months after the judgment of the district court creating a sanitary and improvement district and on the first Tuesday after the second Monday in September each two years thereafter, the board …
Neb. Rev. Stat. § 31-735.01 Election of trustees; ballots; election board; duties.
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At any election held to elect trustees of a sanitary and improvement district, the ballots shall be received, counted, and canvassed by an election board of two persons or more appointed by the election commissioner or the county clerk in counties having no election commissioner.
Neb. Rev. Stat. § 31-735.02 Election of trustees; certification of results.
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For any sanitary and improvement district, the county clerk or election commissioner shall certify the results of the election to the district.
Neb. Rev. Stat. § 31-735.03 Election contests; Election Act applicable.
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If an election is contested involving a sanitary and improvement district board of trustees, the Election Act shall apply.
Neb. Rev. Stat. § 31-735.04 District; location; basis for determination.
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For purposes of sections 31-735 to 31-735.02 a sanitary and improvement district shall be deemed to be located in a county with a population of one hundred thousand or more if the greater proportion in area of the district is located in such county.
Neb. Rev. Stat. § 31-735.05 Election; when held; costs; election commissioner or county clerk; duties.
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Not later than June first of each year, the election commissioner or county clerk shall determine which sanitary and improvement districts in the county are required to hold elections in such year and shall so notify the clerk of each such district on or before July first of such…
Neb. Rev. Stat. § 31-735.06 Appointment of administrator; election of trustees; special election; when held.
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Notwithstanding the appointment of an administrator for any district pursuant to sections 31-771 to 31-780, special elections shall be held for the election of members of the board of trustees for such district in the same manner and at the same time as such elections would be he…
Neb. Rev. Stat. § 31-736 District; acquisition of property; conditions.
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Such sanitary and improvement district may acquire by purchase, condemnation, or otherwise, real or personal property, right-of-way, and privilege, within or without its corporate limits, necessary for its corporate purposes. Such acquisition by the district may be effected only …
Neb. Rev. Stat. § 31-737 District; eminent domain; procedure.
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Whenever the board of trustees or administrator of any sanitary and improvement district shall by order determine to make any public improvement under the provisions of sections 31-727 to 31-762 and 31-771 to 31-780 which shall require that private property be taken or damaged, t…
Neb. Rev. Stat. § 31-738 District; state or public lands; right of eminent domain.
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Whenever it shall be necessary, in making any improvement under the provisions of sections 31-727 to 31-762, to enter upon or cross any state or public lands, the district shall have the right to acquire a right-of-way across the same by the exercise of the power of eminent domai…
Neb. Rev. Stat. § 31-739 District; bonds; interest; tax levies; restrictions; treasurer; duties; collection of charges other than taxes; disbursement of funds.
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(1) The district may borrow money for corporate purposes and issue its general obligation bonds therefor and shall annually levy a tax on the taxable value of the taxable property in the district sufficient to pay the interest and principal on the bonds. Such levy shall be known …
Neb. Rev. Stat. § 31-740 District; trustees or administrator; powers; plans or contracts; approval required; hearing; contracts authorized; audit; failure to perform audit; effect; connection with city sewerage system; rental or use charge; levy; special assessment.
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(1) The board of trustees or the administrator of any district organized under sections 31-727 to 31-762 shall have power to provide for establishing, maintaining, and constructing gas and electric service lines and conduits, an emergency management warning system, water mains, s…
Neb. Rev. Stat. § 31-740.01 District; additional powers; amendment to articles of association; notice; objections; determination by district court.
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Whenever a majority of the board of trustees shall deem it advisable to amend the articles of association of the district to include additional powers authorized by law, they shall first propose a resolution declaring the advisability of such amendment and setting out verbatim th…
Neb. Rev. Stat. § 31-741 Contracts; bidding requirements.
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All contracts for construction work to be done or materials or equipment purchased, the expense of which is more than fifty thousand dollars, shall be let to the lowest responsible bidder, upon notice of not less than twenty days, of the terms and conditions of the contract to be…
Neb. Rev. Stat. § 31-742 Rules and regulations; service charges; recovery.
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The board of trustees or the administrator may make all necessary rules and regulations governing the use of the installations and the operation and control thereof. The board or the administrator may establish an initial connection charge to be paid by any person, firm, or corpo…
Neb. Rev. Stat. § 31-743 District; septic tanks; discontinue use; when.
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Whenever a sewer system has been established, and dwellings in the district shall connect therewith, all septic tanks shall be dispensed with. The board of trustees or the administrator shall have the authority to institute court proceedings in a court of competent jurisdiction t…
Neb. Rev. Stat. § 31-744 District; trustees or administrator; improvements and facilities authorized; resolution; construction; acquisition; contracting; approval; cost; assessment.
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Whenever the board of trustees or the administrator deems it advisable or necessary (1) to build, reconstruct, purchase, or otherwise acquire a water system, an emergency management warning system, a sanitary sewer system, a sanitary and storm sewer or sewage disposal plant, pump…
Neb. Rev. Stat. § 31-745 Resolution; notice; hearing.
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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 …
Neb. Rev. Stat. § 31-746 Resolution; objections; effect.
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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 t…
Neb. Rev. Stat. § 31-747 District; resolution; improvements authorized.
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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.
Neb. Rev. Stat. § 31-748 Improvements; contract; notice; bids.
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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 contra…
Neb. Rev. Stat. § 31-748.01 Completion of contract; notice to district; objections; final payment; interest.
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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 r…
Neb. Rev. Stat. § 31-749 Improvements; engineer; certificate of acceptance; cost; statement; special assessment; notices; hearing; appeal; hearing in district court.
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After (1) the completion of any work or purchase, (2) acquiring a sewer or water system, or both, or public parks, playgrounds, or recreational facilities, (3) completing, acquiring, purchasing, erecting, constructing, or equipping all or a portion of offstreet motor vehicle publ…
Neb. Rev. Stat. § 31-750 Assessments; hearings; adjustment.
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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 …
Neb. Rev. Stat. § 31-751 Special assessments; equalization; levy; certified; manner; collection.
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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 improve…
Neb. Rev. Stat. § 31-752 Improvements; assessment of benefits; exempt property; cost; interest; rate.
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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; …
Neb. Rev. Stat. § 31-753 Special assessments; installment payment; interest; delinquent; collection.
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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) t…
Neb. Rev. Stat. § 31-754 Special assessments; sinking fund; transfer of funds.
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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 stri…
Neb. Rev. Stat. § 31-755 Improvements; bonds; warrants; procedure; issuance; negotiability; extension of due date; hearing; interest; levy; sinking fund; tax.
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For the purpose of paying the cost of the improvements herein provided for, the board of trustees or the administrator, after such improvements have been completed and accepted, shall have the power to issue negotiable bonds of any such district, to be called sanitary and improve…
Neb. Rev. Stat. § 31-756 Bonds; petition; contents.
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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…
Neb. Rev. Stat. § 31-757 Bonds; petition; notice; hearing.
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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 tim…
Neb. Rev. Stat. § 31-758 Bonds; petition; answer; rules of procedure.
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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 …
Neb. Rev. Stat. § 31-759 Bonds; proceedings; jurisdiction of court; statement.
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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 se…
Repealed. Laws 1959, c. 130, § 5.
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[Repealed or reserved.]
Neb. Rev. Stat. § 31-761 District; change in boundary; petition; notice; hearing; order; effect.
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(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 annexatio…
Neb. Rev. Stat. § 31-762 Sections; supplementary to existing law.
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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.
Neb. Rev. Stat. § 31-762.01 District located near solid waste disposal site; improvements or facilities; approval requirements.
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(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 on…
Neb. Rev. Stat. § 31-763 Annexation of territory by a city or village; effect on certain contracts.
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(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 distri…
Neb. Rev. Stat. § 31-764 Annexation; trustees; administrator; accounting; effect; special assessments prohibited.
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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 villag…
Neb. Rev. Stat. § 31-765 Annexation; when effective; trustees; administrator; duties; special assessments prohibited.
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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…
Neb. Rev. Stat. § 31-766 Annexation; obligations and assessments; agreement to divide; approval; special assessments prohibited; effect on certain contracts.
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(1) If only a part of the territory within any sanitary and improvement district is annexed by a city or village, the sanitary and improvement district acting through its trustees or administrator and the city or village acting through its governing body may agree between themsel…
Neb. Rev. Stat. § 31-767 Dissolution of districts; resolution; notice; outstanding indebtedness, effect; hearing; filing.
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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 shal…
Neb. Rev. Stat. § 31-768 Dissolution and merger of districts; resolution; notice; hearing; restrictions; filing; effect.
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Whenever a majority of the respective boards of trustees or the administrators of two sanitary and improvement districts organized under the provisions of Chapter 31, article 7, organized within the same county shall desire that one of the districts shall wholly merge into the ot…
Neb. Rev. Stat. § 31-769 District; detachment of property; resolution; notice; hearing; outstanding indebtedness, effect; isolated property; detachment; filing.
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(1) 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, desires that any property within the district be detached from the district, the trustees or the administrator s…
Neb. Rev. Stat. § 31-770 Real estate in two districts; detachment from one district; approval.
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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 dist…
Neb. Rev. Stat. § 31-771 Appointment of an administrator; petition; conditions.
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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 susp…
Neb. Rev. Stat. § 31-772 Appointment of an administrator; petition; hearing; notice.
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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 consecu…
Neb. Rev. Stat. § 31-773 Appointment of an administrator; petition; contents.
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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 dist…