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(A) The village shall have authority to collect the special assessments which it levies and to perform all other necessary functions related thereto including foreclosure.
(B) The Board of Trustees of any village collecting its own special assessments shall direct that notice that special assessments are due shall be mailed or otherwise delivered to the last known address of the person against whom those special assessments are assessed or to the lending institution or other party responsible for paying those special assessments. Failure to receive the notice shall not relieve the taxpayer from any liability to pay the special assessments and any interest or penalties accrued thereon.
(C) A village collecting its own assessments shall:
(1) File notice of the assessments and the amount of assessment being levied for each lot or tract of land to the Register of Deeds; and
(2) File a release of assessment upon final payment of each assessment with the Register of Deeds.
(Neb. Rev. Stat. § 18-1216)
Statutory reference:
Refunding erroneously paid special assessments, see Neb. Rev. Stat. § 17-703
All money received on special assessments shall be held by the Village Clerk-Treasurer as a special fund to be applied to the payment of the improvement for which the assessment was made, and this money shall be used for no other purpose whatever, unless to reimburse the village for money expended for any such improvement.
(Neb. Rev. Stat. § 17-710)
(A) The village 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 the provisions of this section, as stipulated by the donor. Title to any money or property so donated shall vest in the Board of Trustees, or in its successors in office, who shall become the owners thereof in trust to the uses of the sinking fund or funds; provided, that in the event of a donation of real estate, the Board of Trustees may manage the real estate as in the case of real estate donated to the village for village library purposes under the provisions of Neb. Rev. Stat. §§ 51-215 and 51-216.
(Neb. Rev. Stat. § 19-1301)
(B) The Board of Trustees, 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 village for a term of not to exceed ten years, in addition to the amount of tax which may be annually levied for the purposes of the adopted budget statement of the village, 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: village libraries; village auditoriums or community houses for social or recreational purposes; village halls; village public libraries, auditoriums or community houses in a single building; village swimming pools; village jails; village fire stations, together with firefighting equipment or apparatus; village parks; village cemeteries; village medical buildings, together with furnishings and equipment; or village hospitals. The village shall not be authorized to levy the tax or to establish the sinking fund as provided in this division (B) if, having bonded indebtedness, such village has been in default in the payment of interest thereon or principal thereof for a period of ten 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) below.
(Neb. Rev. Stat. § 19-1302)
(C) Before any sinking fund or funds are established or before any annual tax is levied for any such planned village improvements mentioned in division (B) above by the village, the Board of Trustees shall declare its purpose by resolution to submit to the qualified electors of the village at the next general village election the proposition to provide the village with the specific village 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 ten 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 same, 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 village or, if no legal newspaper is in or of general circulation in the village, in a legal newspaper in or of general circulation in the county in which the village 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 village 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 (C), the Board of Trustees 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, being Neb. Rev. Stat. §§ 32-101 et seq.
(Neb. Rev. Stat. § 19-1303)
(D) All funds received by the Village Clerk-Treasurer, by donation or by tax levy, as hereinbefore provided, shall, as they accumulate, be immediately invested by the Clerk-Treasurer, with the written approval of the Board of Trustees, in the manner provided in § 34.10. Whenever investments of such sinking fund or funds are made, as aforesaid, the nature and character of the same shall be reported to the Board of Trustees, and the investment report shall be made a matter of record by the Village Clerk-Treasurer in the proceedings of the Village Board. 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 village voting at a general election favoring such change in the use of the sinking fund or sinking funds; provided that 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.
(Neb. Rev. Stat. § 19-1304)
Statutory reference:
Additional levy limitations, see Neb. Rev. Stat. § 17-702
(A) The Village Clerk-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 Village Clerk-Treasurer. Such deposits shall be subject to all regulations imposed by law or adopted by the Board of Trustees 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 a member of the Board of Trustees or as any other officer of the village shall not disqualify such bank, capital stock financial institution or qualifying mutual financial institution from acting as a depository for such municipal funds.
(B) The Board of Trustees shall require from all banks, capital stock financial institutions or qualifying mutual financial institutions 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, security given as provided in the Public Funds Deposit Security Act, being Neb. Rev. Stat. §§ 77-2386 et seq., to secure the payment of all such deposits and accretions. The Board of Trustees shall approve such bond or giving of security. The Village Clerk-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.
(C) 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.
(D) Neb. Rev. Stat. § 77-2366 shall apply to deposits in capital stock financial institutions. Neb. Rev. Stat. § 77-2365.01 shall apply to deposits in qualifying mutual financial institutions.
(Prior Code, § 1-819) (Ord. 1-819, passed 7-2-2002; Ord. 1-819, passed 3-2-2004)
Statutory reference:
Similar provisions, see Neb. Rev. Stat. §§ 17-607 and 77-2362
The Village Clerk-Treasurer may, upon resolution of the Board of Trustees authorizing the same, purchase certificates of deposit from and make time deposits in any bank, capital stock financial institution or qualifying mutual financial institution in the state to the extent that such certificates of deposit or time deposits are insured or guaranteed by the Federal Deposit Insurance Corporation. Deposits may be made in excess of the amounts so secured by the municipality, and the amount of the excess deposit shall be secured by a bond or by security given in the same manner as is provided for cities of the first class in Neb. Rev. Stat. §§ 16-714 through 16-716. Neb. Rev. Stat. § 77-2366 shall apply to deposits in capital stock financial institutions. Neb. Rev. Stat. § 77-2365.01 shall apply to deposits in qualifying mutual financial institutions.
(Prior Code, § 1-825) (Ord. 1-826, passed 7-2-2002)
Statutory reference:
Similar provisions, see Neb. Rev. Stat. § 17-720
(A) When the Village Clerk-Treasurer holds funds of the village in excess of the amount required for maintenance or set aside for betterments and improvements, the Board of Trustees may, by resolution, direct and authorize the Clerk-Treasurer to invest the surplus funds in the outstanding bonds or registered warrants of the village, bonds and debentures issued either singly or collectively by any of the 12 federal land banks, the 12 intermediate credit banks or the 13 banks for cooperatives under the supervision of the Farm Credit Administration, or in interest-bearing bonds or the obligations of the United States. The interest on such bonds or warrants shall be credited to the fund out of which the bonds or warrants were purchased.
(Neb. Rev. Stat. § 17-608)
(B) All income received by the village from public utilities and from the payment and collection of water taxes, rents, rates or assessments shall be applied to the payment of running expenses, interest on bonds or money borrowed and the erection and construction of public utilities; should there be any surplus, it shall be annually created into a sinking fund for the payment of public utility bonds or for the improvements of the works, or into the General Fund as the Board may direct. The surplus remaining, if any, may, if the Board, be invested in interest-bearing bonds or obligations of the United States.
(Neb. Rev. Stat. § 17-540)
(C) The Board of Trustees may, by resolution, direct and authorize the Clerk-Treasurer to dispose of the surplus electric light, water or gas funds, or the funds arising from the sale of electric light, water or natural gas distribution properties, by the payment of outstanding electric light, water or gas distribution bonds or water warrants then due. The excess, if any, after such payments, may be transferred to the General Fund of the village.
(Neb. Rev. Stat. § 17-609)
(D) (1) Whenever the village 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 Board of Trustees may invest any such surplus in excess of current needs or such excess in its sinking fund in certificates of deposit, in time deposits and in any securities in which the State Investment Officer is authorized to invest pursuant to the State Capital Expansion Act and the State Funds Investment Act and as provided in the authorized investment guidelines of the State Investment Council in effect on the date the investment is made. The State Investment Officer shall upon request furnish a copy of current authorized investment guidelines of the State Investment Council.
(2) Nothing in division (D)(1) above shall be construed to authorize investments in venture capital.
(Neb. Rev. Stat. § 77-2341)
Statutory reference:
State Capital Expansion Act, see Neb. Rev. Stat. §§ 17-1269 et seq.
State Funds Investment Act, see Neb. Rev. Stat. §§ 17-1237 et seq.
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