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§ 35.18  BOND ISSUES.
   (A)   The governing body may, after meeting all requirements of state law, issue bonds, fund bonds and retire bonds for such purposes as may be permitted by state law.
   (B)   The governing body shall have the authority to levy special assessments for the payment of interest and principal on such bonds and may spread the payments up to the maximum number of years permitted by state law.
(Prior Code, § 1-822)
Statutory reference:
   Related provisions, see Neb. RS 10-201 through 10-411, 10-601 through 10-614, 12-1001, 17-529.01, 17-529.08, 17-534, 17-905, 17-908, 17-911, 17-939, 17-958, 17-968, 18-1801 through 18-1805, 23-3513, 39-836
§ 35.19  CERTIFICATES OF DEPOSIT; TIME DEPOSITS; CONDITIONS.
   (A)   The Municipal Treasurer may, upon resolution of the governing body authorizing the same, purchase certificates of deposit from and make time deposits in any bank or capital stock financial institution in the state to the extent that such certificates of deposit or time deposits are insured by the Federal Deposit Insurance Corporation. Deposits may be made in excess of the amounts so secured by the corporation, and the amount of the excess deposit shall be secured by a bond or by security given in the manner provided in this section. The provisions of Neb. RS 77-2366 shall apply to deposits in capital stock financial institutions.
   (B)   For the security of the fund so deposited, the Municipal Treasurer shall require each depository to give bond for the safekeeping and payment of such deposits and the accretions thereof, which bond shall run to the municipality and be approved by the Chairperson. The bond shall be conditioned that such a depository shall, at the end of every quarter, render to the Treasurer a statement in duplicate, showing the several daily balances, the amount of money of the municipality held by it during the quarter, the amount of the accretion thereto and how credited. The bond shall also be conditioned that the depository shall generally do and perform whatever may be required by the provisions of this section and all regulations imposed by law or adopted by the governing body for the receiving and holding thereof and shall faithfully discharge the trust reposed in the depository. The bond shall be nearly as practicable in the form provided in Neb. RS 77-2304. No person in any way connected with any depository as an officer or stockholder shall be accepted as a surety on any bond given by the depository of which he or she is an officer or stockholder. The bond shall be deposited with the Municipal Clerk.
   (C)   In lieu of the bond required by division (B) above, any bank or capital stock financial institution making application to become a depository may give security as provided in the Public Funds Deposit Security Act, being Neb. RS 77-2386 to 77-23,108 to the Municipal Clerk. The penal sum of such bond shall be equal to or greater that the amount of the deposit in excess of that portion of such deposit insured by the Federal Deposit Insurance Corporation.
   (D)   The Treasurer shall not have on deposit in any bank or capital stock financial institution at any time more than the amount insured by the Federal Deposit Insurance Corporation, plus the maximum amount of the bond given by the bank or capital stock financial institution if the bank or capital stock financial institution gives a surety bond, not in any bank or capital stock financial institution giving a personal bond, more than the amount insured by the Federal Deposit Insurance Corporation, plus one-half of the amount of the bond of such bank or capital stock financial institution, and the amount so on deposit any time with any such bank or capital stock financial institution shall not in either case exceed the amount insured by the Federal Deposit Insurance Corporation, plus the paid-up capital stock and surplus of such bank or capital stock financial institution. The Treasurer shall not be liable for any loss sustained by reason of the failure of any such bonded depository whose bond has been duly approved by the Chairperson as provided in division (B) above or which has, in lieu of a surety bond, given security as provided in division (C) above.
(Prior Code, § 1-823)
Statutory reference:
   Related provisions, see Neb. RS 17-720, 16-714 through 16-716
§ 35.20  MOTOR VEHICLE FEE.
   (A)   For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      LIMITS OF THE VILLAGE. Includes the extraterritorial zoning jurisdiction of the village.
      PERSON. Includes bodies corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, cooperatives, and associations. PERSON does not include any federal, state, or local government or any political subdivision thereof.
   (B)   (1)   Except as otherwise provided in division (D) of this section, the governing body of the village shall have power to require any individual whose primary residence or person who owns a place of business which is within the limits of the village and that owns and operates a motor vehicle within such limits to pay an annual motor vehicle fee and to require the payment of such fee upon the change of ownership of such vehicle. All such fees which may be provided for under this section shall be used exclusively for constructing, repairing, maintaining, or improving streets, roads, alleys, public ways, or parts thereof or for the amortization of bonded indebtedness when created for such purposes.
      (2)   To ensure compatibility with the Vehicle Title and Registration System maintained by the Department of Motor Vehicles:
         (a)   Any village that collects the annual motor vehicle fee authorized under this section shall use the plate types listed under Neb. RS 60-3,104 and, as applicable, weight categories listed under the Motor Vehicle Registration Act when reporting information to the Vehicle Title and Registration System; and
         (b)   Any village that adopts an annual motor vehicle fee under this section or that modifies an existing motor vehicle fee shall notify the Department of Motor Vehicles of such new or modified fee within ten business days after the passage of the ordinance authorizing such new or modified fee and at least 60 days prior to the implementation of such new or modified fee.
   (C)   No motor vehicle fee shall be required under this section if:
      (1)   A vehicle is used or stored but temporarily in the village for a period of six months or less in a 12-month period;
      (2)   An individual does not have a primary residence or a person does not own a place of business within the limits of the village and does not own and operate a motor vehicle within the limits of the village; or
      (3)   An individual is a full-time student attending a postsecondary institution within the limits of the village and the motor vehicle's situs under the Motor Vehicle Certificate of Title Act is different from the place at which he or she is attending such institution.
   (D)   After December 31, 2012, no motor vehicle fee shall be required of any individual whose primary residence is or person who owns a place of business within the extraterritorial zoning jurisdiction of the village.
   (E)   The fee shall be paid to the County Treasurer of the county in which the village is located when the registration fees as provided in the Motor Vehicle Registration Act are paid. These fees shall be credited by the County Treasurer to the road fund of the village.
(Ord. 2021-02, passed 4-14-2021)
Statutory reference:
   Motor Vehicle Registration Act, see Neb. RS 60-301
   Related provisions, see Neb. RS 18-1214
§ 35.21  DEBT COLLECTION; AUTHORITY TO CONTRACT WITH COLLECTION AGENCY.
   (A)   The village may contract to retain a collection agency licensed pursuant to the Collection Agency Act, within or without this state, for the purpose of collecting public debts owed by any person to the village.
   (B)   No debt owed pursuant to division (A) of this section may be assigned to a collection agency unless:
      (1)   There has been an attempt to advise the debtor by first-class mail, postage prepaid, at the last known address of the debtor:
         (a)   Of the existence of the debt; and
         (b)   That the debt may be assigned to a collection agency for collection if the debt is not paid; and
      (2)   At least 30 days have elapsed from the time the notice was sent.
   (C)   A collection agency which is assigned a debt under this section shall have only those remedies and powers which would be available to it as an assignee of a private creditor.
   (D)   For purposes of this section, debt shall include all delinquent fees or payments except delinquent property taxes on real estate. In the case of debt arising as a result of an order or judgment of a court in a criminal or traffic matter, a collection fee may be added to the debt. The collection fee shall be $25 or 4.5% of the debt, whichever is greater. The collection fee shall be paid by the person who owes the debt directly to the person or agency providing the collection service.
(Ord. 2021-03, passed 4-14-2021)
Statutory reference:
   Related provisions, see Neb. RS 45-623