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All money received on special tax assessments shall be held by the Municipal Treasurer as a special fund to be applied to the payment of the improvement for which the assessment was made, and such money shall be used for no other purpose unless to reimburse the municipality for money expended for any such improvement.
(1976 Code, § 1-814)
Statutory reference:
Related provisions, see Neb. RS 17-710
(A) The city is hereby empowered to receive money or property by donation, bequest, gift, devise, or otherwise for the benefit of any one or more of the public purposes for which sinking funds are established by this section, as stipulated by the donor. Title to any money or property so donated shall vest in the City Council, or in its successors in office, who shall become the owners thereof in trust to the uses of the sinking fund or funds. In the event of a donation of real estate, the City Council may manage such real estate as in the case of real estate donated to the city for city library purposes under the provisions of Neb. RS 51-215 and 51-216.
(B) The City Council, subject to all the limitations set forth in this section, shall have the power to levy a tax of not to exceed $0.105 on each $100 in any one year upon the taxable value of all the taxable property within the city for a term of not to exceed 10 years, in addition to the amount of tax which may be annually levied for the purposes of the adopted budget statement of the city, for the purpose of establishing a sinking fund for the construction, purchase, improvement, extension, original equipment, or repair, not including maintenance, of any one or more of the following public improvements, including acquisition of any land incident to the making thereof: city libraries; city auditoriums or community houses for social or recreational purposes; city halls; city public libraries, auditoriums, or community houses in a single building; city swimming pools; city jails; city fire stations, together with firefighting equipment or apparatus; city parks; city cemeteries; city medical buildings, together with furnishings and equipment; or city hospitals. The city shall not be authorized to levy the tax or to establish the sinking fund as provided in this division if, having bonded indebtedness, such city has been in default in the payment of interest thereon or principal thereof for a period of 10 years prior to the date of the passage of the resolution providing for the submission of the proposition for establishment of the sinking fund as required in division (C).
(C) Before any sinking fund or funds are established or before any annual tax is levied for any such planned city improvements mentioned in division (B) by the city, the City Council shall declare its purpose by resolution to submit to the qualified electors of the city at the next general city election the proposition to provide the city with the specific city improvement planned under this section. The resolution of submission shall, among other things, set forth a clear description of the improvement planned, the estimated cost according to the prevailing costs, the amount of annual levy over a definite period of years, not exceeding 10 years, required to provide such cost, and the specific name or designation for the sinking fund sought to be established to carry out the planned improvement, together with a statement of the proposition for placement upon the ballot at the election. Notice of the submission of the proposition, together with a copy of the official ballot containing the proposition, shall be published in its entirety three successive weeks before the day of the election in a legal newspaper in or of general circulation in the city or, if no legal newspaper is in or of general circulation in the city, in a legal newspaper in or of general circulation in the county in which the city is located. No such sinking fund shall be established unless the same has been authorized by a majority or more of the legal votes of the city cast for or against the proposition. If less than a majority of the legal votes favor the establishment of the sinking fund, the planned improvement shall not be made, no annual tax shall be levied therefor, and no sinking fund or sinking funds shall be established in connection therewith, but such resolution of submission shall immediately be repealed. If the proposition shall carry at such election in the manner prescribed in this division, the City Council and its successors in office shall proceed to do all things authorized under such resolution of submission but never inconsistent with this section. The election provided for under this section shall be conducted as provided under the Election Act.
(D) All funds received by the City Treasurer, by donation or by tax levy, as hereinbefore provided, shall, as they accumulate, be immediately invested by the Treasurer, with the written approval of the City Council, in the manner provided in Neb. RS 17-540. Whenever investments of such sinking fund or funds are made, as aforesaid, the nature and character of the same shall be reported to the City Council, and the investment report shall be made a matter of record by the City Clerk in the proceedings of the City Council, The sinking fund, or sinking funds, accumulated under the provisions of this section, shall constitute a special fund, or funds, for the purpose or purposes for which the same was authorized and shall not be used for any other purpose unless authorized by 60% of the qualified electors of the city voting at a general election favoring such change in the use of the sinking fund or sinking funds. The question of the change in the use of the sinking fund or sinking funds, when it fails to carry, shall not be resubmitted in substance for a period of one year from and after the date of such election.
(1976 Code, § 1-815) (Ord. 1483A, passed 12-23-2019)
Statutory reference:
Related provisions, see Neb. RS 19-1301 through 19-1304, 77-2337, 77-2339
(A) (1) The City Treasurer shall deposit, and at all times keep on deposit, for safekeeping, in banks, capital stock financial institutions or qualifying mutual financial institutions of approved and responsible standing, all money collected, received or held by him or her as City Treasurer. Such deposits shall be subject to all regulations imposed by law or adopted by the City Council for the receiving and holding thereof. The fact that a stockholder, director, or other officer of such bank, capital stock financial institution or qualifying mutual financial institution is also serving as Mayor, as a member of the City Council, as a member of the Board of Public Works, or as any other officer of the city shall not disqualify such bank, capital stock financial institution or qualifying mutual financial institution from acting as a depository for such municipal funds.
(2) (a) The City Council shall require from all banks, capital stock financial institutions or qualifying mutual financial institutions:
1. A bond in such penal sum as may be the maximum amount on deposit at any time less the amount insured or guaranteed by the Federal Deposit Insurance Corporation or, in lieu thereof; and
2. Security given as provided in the Public Funds Deposit Security Act to secure the payment of all such deposits and accretions.
(b) The City Council shall approve such bond or giving of security. The City Treasurer shall not be liable for any loss of any money sustained by reason of the failure of any such depository so designated and approved.
(3) The insurance afforded to depositors in banks, capital stock financial institutions or qualifying mutual financial institutions through the Federal Deposit Insurance Corporation shall be deemed and construed to be a surety bond to the extent that the deposits are insured or guaranteed by such corporation and for deposits so insured or guaranteed, no other surety bond or other security shall be required.
(4) Neb. RS 77-2366 shall apply to deposits in capital stock financial institutions. Neb. RS 77-2365.01 shall apply to deposits in qualifying mutual financial institutions.
(1976 Code, § 1-817)
(B) Whenever the city has accumulated a surplus of any fund in excess of its current needs or has accumulated a sinking fund for the payment of its bonds and the money in such sinking fund exceeds the amount necessary to pay the principal and interest of any such bonds which become due during the current year, the governing body of the city may invest any such surplus in certificates of deposit, in time deposits and in any securities in which the state investment officer is authorized by law and as provided in the authorized investment guidelines of the state’s Investment Council in effect on the date the investment is made.
(1976 Code, § 1-818)
(Ord. 988, passed 12-18-1989; Ord. 1349, passed 11-8-2004)
Statutory reference:
Related provisions, see Neb. RS 17-607, 77-2362, 17-608, 17-609, 21-1316.01, 77-2341
The governing body may, after meeting all the requirements of state law, issue bonds, fund bonds and retire bonds for such purposes as may be permitted by state law. 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.
(1976 Code, § 1-819)
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, 23-343.13, 39-836
The governing body of the city may levy a tax on all motor vehicles owned or used in such city. Until the implementation date designated by the Director of Motor Vehicles under Neb. RS 23-186, the tax shall be paid to the County Treasurer of Dawson County when the registration fees as provided in the Motor Vehicle Registration Act, being Neb. RS 60-301 through 60-3,235 are paid. Such taxes shall be credited by the County Treasurer to the road fund of the city. On and after the implementation date designated under Neb. RS 23-186, the tax shall be paid to the County Treasurer for credit to such road fund. Such funds shall be used by the city for construction, resurfacing, maintaining or improving streets, roads, alleys, public ways or parts thereof, for the amortization of bonded indebtedness when created for such purposes.
(1976 Code, § 1-820) (Ord. 951, passed 9-26-1988; Ord. 989, passed 12-18-1989)
Statutory reference:
Related provisions, see Neb. RS 18-1214
The Board of Public Works of the city is hereby directed to transfer to the City Treasurer for deposit in the General Fund of the municipality, 9% of receipts from customer billings by the Board of Public Works for electric and water service within the municipality; provided, however, that, receipts from Hazardous Waste Pumping (HWP) under § 52.06 of this code of ordinances shall not be included in receipts for the purpose of calculating this transfer. The Board of Public Works shall make the transfer provided for above each month, based on receipts for the immediately preceding monthly period, as determined by the Board of Public Works, and as reported to the municipality. The basis for the calculation of the transfer shall be provided to the municipality with each monthly payment.
(1976 Code, § 1-821) (Ord. 1227, passed 11-4-1996; Ord. 1241, passed 10-6-1997)
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