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§ 34.32 GENERAL FUND.
   If the village has not decided to follow the all-purpose levy method of financing for the fiscal year, all money not specifically appropriated in the annual appropriation bill shall be deposited in and known as the General Fund.
§ 34.33 TRANSFER OF FUNDS.
   (A)   Whenever during the current fiscal year or biennial period it becomes apparent to the governing body that, due to unforeseen emergencies, there is temporarily insufficient money in a particular fund to meet the requirements of the adopted budget of expenditures for that fund, the governing body may by a majority vote, unless otherwise provided by state law, transfer money from other funds to such fund.
   (B)   No expenditure during any fiscal year or biennial period shall be made in excess of the amounts indicated in the adopted budget statement, except as authorized in § 34.34 or by state law.
   (C)   It is unlawful for any officer or officers of the governing body to obligate funds contrary to the provisions of this section.
(Prior Code, § 1-814) (Ord. 1-814, passed 6-6-2000) Penalty, see § 10.99
Statutory reference:
   Similar provisions, see Neb. Rev. Stat. § 13-510
§ 34.34 BUDGET REVISION.
   (A)   (1)   Unless otherwise provided by law, the Board of Trustees may propose to revise the previously adopted budget statement and shall conduct a public hearing on that proposal whenever during the current fiscal year it becomes apparent to the Board of Trustees that:
         (a)   There are circumstances which could not reasonably have been anticipated at the time the budget for the current year was adopted;
         (b)   The budget adopted violated Neb. Rev. Stat. §§ 13-518 through 13-522, such that the revenue of the current fiscal year for any fund thereof will be insufficient, additional expenses will be necessarily incurred, or there is a need to reduce the budget requirements to comply with Neb. Rev. Stat. §§ 13-518 through 13-522; or
         (c)   The Board of Trustees has been notified by the Auditor of Public Accounts of a mathematical or accounting error or noncompliance with the Nebraska Budget Act.
      (2)   The public hearing requirement shall not apply to emergency expenditures pursuant to Neb. Rev. Stat. § 81-829.51.
   (B)   Notice of the time and place of the hearing shall be published at least four calendar days prior to the date set for hearing in a newspaper of general circulation within the Board’s jurisdiction. For purposes of such notice, the four calendar days shall include the day of publication but not the day of hearing. This published notice shall set forth:
      (1)   The time and place of the hearing;
      (2)   The amount in dollars of additional or reduced money required and for what purpose;
      (3)   A statement setting forth the nature of the unanticipated circumstances and, if the budget requirements are to be increased, the reasons why the previously adopted budget of expenditures cannot be reduced during the remainder of the current year to meet the need for additional money in that manner;
      (4)   A copy of the summary of the originally adopted budget previously published; and
      (5)   A copy of the summary of the proposed revised budget.
   (C)   At the hearing any taxpayer may appear or file a written statement protesting any application for additional money. A written record shall be kept of all such hearings.
   (D)   Upon conclusion of the public hearing on the proposed revised budget and approval of the proposed revised budget by the Board of Trustees, the Board shall file with the County Clerk of the county or counties in which the Board of Trustees is located, and with the Auditor of Public Accounts, a copy of the revised budget, as adopted. The Board of Trustees may then issue warrants in payment for expenditures authorized by the adopted revised budget. These warrants shall be referred to as registered warrants and shall be repaid during the next fiscal year from funds derived from taxes levied therefor.
   (E)   Within 30 days after the adoption of the budget under § 35.29, the Board of Trustees may, or within 30 days after notification of an error by the Auditor of Public Accounts, the Board shall correct an adopted budget which contains a clerical, mathematical, or accounting error which does not affect the total amount budgeted by more than 1% or increase the amount required from property taxes. No public hearing shall be required for such a correction. After correction, the Board of Trustees shall file a copy of the corrected budget with the County Clerk of the county or counties in which the Board of Trustees is located and with the Auditor of Public Accounts. The Board of Trustees may then issue warrants in payment for expenditures authorized by the budget.
(Neb. Rev. Stat. § 13-511)
Statutory reference:
   State Budget Act, see Neb. Rev. Stat. §§ 13-501 et seq.
TAX LEVIES
§ 34.45 PROPERTY TAX LEVY; CERTIFICATION OF AMOUNT; COLLECTION.
   (A)   The Board of Trustees shall, at the time and in the manner provided by law, cause to be certified to the County Clerk the amount of tax to be levied upon the taxable value of all the taxable property of the village which the village requires for the purposes of the adopted budget statement for the ensuing year, including all special assessments and taxes assessed as otherwise provided.
   (B)   (1)   The County Clerk shall place the same on the property tax lists to be collected in the manner provided by law for the collection of county taxes in the county where the village is situated. In all sales for any delinquent taxes for municipal purposes, if there are other delinquent taxes due from the same person or a lien on the same property, the sale shall be for all the delinquent taxes.
      (2)   Such sales and all sales made under or by virtue of this section or the provision of law herein referred to shall be of the same validity and in all respects be deemed and treated as though such sales had been made for the delinquent county taxes exclusively.
(Neb. Rev. Stat. § 17-702)
§ 34.46 PROPERTY TAX LEVY; AUTHORITY TO SET.
   (A)   (1)   The property tax request for the prior year shall be the property tax request for the current year for the purpose of the levy set by the County Board of Equalization in Neb. Rev. Stat. § 77-1601 unless the Board of Trustees passes by a majority vote a resolution or ordinance setting the tax request at a different amount.
      (2)   Such resolution or ordinance shall only be passed after a special public hearing called for such purpose is held and after notice is published in a newspaper of general circulation in the area of the municipality at least five days prior to the hearing.
   (B)   The hearing notice shall contain the following information:
      (1)   The dollar amount of the prior year’s tax request and the property tax rate that was necessary to fund that tax request;
      (2)   The property tax rate that would be necessary to fund last year’s tax request if applied to the current year’s valuation; and
      (3)   The proposed dollar amount of the tax request for the current year and the property tax rate that will be necessary to fund that tax request.
   (C)   Any resolution setting a tax request under this section shall be certified and forwarded to the County Clerk prior to October 14 of the year for which the tax request is to apply.
   (D)   Any tax levy which is not in compliance with this section and Neb. Rev. Stat. § 77-1601 shall be construed as an unauthorized levy under Neb. Rev. Stat. § 77-1606.
(Prior Code, § 1-808) (Ord. 1-808, passed 6-6-2000)
Statutory reference:
   Similar provisions, see Neb. Rev. Stat. § 77-1632
§ 34.47 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) below, 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. Rev. Stat. § 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.
(Neb. Rev. Stat. § 18-1214)
Statutory reference:
   Motor Vehicle Certificate of Title Act, see Neb. Rev. Stat. § 60-137
   Motor Vehicle Registration Act, see Neb. Rev. Stat. § 60-301