§ 23-120 — Provide buildings; tax; levy authorized

Nebraska § 23-120

• Jurisdiction: Nebraska
• Ch. 23: County Government and Officers

Text

(1) The county board shall acquire, purchase, construct, renovate, remodel,
furnish, equip, add to, improve, or provide a suitable courthouse, jail, and
other county buildings and a site or sites therefor and for such purposes
borrow money and issue the bonds of the county to pay for the same. Agreements
entered into under section 25-412.03 shall be deemed to be in compliance with
this section. The board shall keep such buildings in repair and provide suitable
rooms and offices for the accommodation of the several courts of record, Nebraska
Workers' Compensation Court or any judge thereof, Commissioner of Labor for
the conduct and operation of the state free employment service, county board,
county clerk, county treasurer, county sheriff, clerk of the district court,
county surveyor, county agricultural agent, and county attorney if the county
attorney holds his or her office at the county seat and shall provide suitable
furniture and equipment therefor. All such courts which desire such accommodation
shall be suitably housed in the courthouse.
(2) No levy exceeding (a) two million dollars in counties having in
excess of two hundred fifty thousand inhabitants, (b) one million dollars
in counties having in excess of one hundred thousand inhabitants and not in
excess of two hundred fifty thousand inhabitants, (c) three hundred thousand
dollars in counties having in excess of thirty thousand inhabitants and not
in excess of one hundred thousand inhabitants, or (d) one hundred fifty thousand
dollars in all other counties shall be made within a one-year period for any
of the purposes specified in subsection (1) of this section without first
submitting the proposition to a vote of the people of the county at a general
election or a special election ordered by the board for that purpose and obtaining
the approval of a majority of the legal voters thereon.
(3)(a) The county board of any county in this state may, when requested
so to do by petition signed by at least a majority of the legal voters in
the county based on the average vote of the two preceding general elections,
make an annual levy of not to exceed seventeen and five-tenths cents on each
one hundred dollars upon the taxable value of all the taxable property in
the county for any of the purposes specified in subsection (1) of this section.
(b) If a county on the day it first initiates a project for any of the
purposes specified in subsection (1) of this section had no bonded indebtedness
payable from its general fund levy, the county board may make an annual levy
of not to exceed five and two-tenths cents on each one hundred dollars upon
the taxable value of all the taxable property of the county for a project
or projects for any of the purposes specified in subsection (1) of this section
without the filing of a petition described in subdivision (3)(a) of this section.
The county board shall designate the particular project for which such levy
shall be expended, the period of years, which shall not exceed twenty, for which the tax will be levied for
such project, and the number of cents of the levy for each year thereof. The
county board may designate more than one project and levy a tax pursuant to
this section for each such project, concurrently or consecutively, as the
case may be, if the aggregate levy in each year and the duration of each levy
will not exceed the limitations specified in this subsection. Each levy for
a project which is authorized by this subdivision may be imposed for such
duration specified by the county board notwithstanding the contemporaneous
existence or subsequent imposition of any other levy or levies for another
project or projects imposed pursuant to this subdivision and notwithstanding
the subsequent issuance by the county of bonded indebtedness payable from
its general fund levy.

Legislative History

Source: Laws 1879, § 25, p. 361; Laws 1887, c. 27, § 1, p. 352; Laws 1889, c. 10, § 1, p. 83; Laws 1909, c. 20, § 1, p. 210; R.S.1913, § 954; Laws 1915, c. 18, § 1, p. 75; Laws 1919, c. 66, § 1, p. 175; Laws 1919, c. 67, § 1, p. 178; Laws 1921, c. 144, § 1, p. 615; C.S.1922, § 854; C.S.1929, § 26-108; Laws 1935, c. 107, § 7, p. 345; Laws 1939, c. 28, § 8, p. 148; C.S.Supp.,1941, § 26-108; R.S.1943, § 23-120; Laws 1951, c. 46, § 1, p. 162; Laws 1953, c. 287, § 38, p. 952; Laws 1967, c. 119, § 1, p. 380; Laws 1969, c. 147, § 1, p. 704; Laws 1971, LB 999, § 1; Laws 1975, LB 97, § 5; Laws 1979, LB 187, § 94; Laws 1984, LB 683, § 1; Laws 1986, LB 811, § 9; Laws 1988, LB 853, § 1; Laws 1992, LB 719A, § 94; Laws 1995, LB 286, § 1; Laws 1996, LB 1114, § 37; Laws 1999, LB 272, § 4; Laws 2009, LB294, § 1. Annotations: 1. Courthouse 2. Jails 3. Courtrooms 4. Miscellaneous 1. Courthouse Taxes levied for improvement fund could be used to build courthouse. Satterfield v. Britton, 163 Neb. 161, 78 N.W.2d 817 (1956). Levy for all purposes, including levy for courthouse, cannot exceed constitutional limits. State ex rel. Shelley v. Board of County Commissioners of Frontier County, 156 Neb. 583, 57 N.W.2d 129 (1953). Manner of submission of question of voting courthouse bonds was incorporated by reference as a part of county fair act. Richardson v. Kildow, 116 Neb. 648, 218 N.W. 429 (1928). Special provision for submitting to voters proposition for bonds for county courthouse controls rather than general provisions; majority vote is sufficient. State ex rel. Polk County v. Marsh, 106 Neb. 760, 184 N.W. 901 (1921). Request is invalidated by unauthorized condition designating courthouse site, where power to select same is vested in county board. Mylet v. Platte County, 103 Neb. 105, 170 N.W. 615 (1919). 2. Jails It is one of the duties of the county board to provide a jail and keep it in repair. These duties do not devolve upon a sheriff. O'Dell v. Goodsell, 152 Neb. 290, 41 N.W.2d 123 (1950). County board may lawfully direct a jail fund to be transferred to a special building fund, to be expended in construction of addition to courthouse, including a jail in such addition which will cost an amount equal to or greater than the amount of the jail fund in the treasury. Otoe County v. Kelly, 130 Neb. 869, 266 N.W. 765 (1936). Board cannot build jail without vote of people authorizing same. State ex rel. Grady v. Lincoln County, 18 Neb. 283, 25 N.W. 91 (1885). 3. Courtrooms Compensation courtroom provided by county is not the office of the compensation court, and leaving papers with an employee at such courtroom does not constitute a filing thereof. Dolner v. Peter Kiewit & Sons Co., 143 Neb. 384, 9 N.W.2d 483 (1943). Provisions for housing municipal courts are covered by another statute. State ex rel. City of Omaha v. Board of County Commissioners of Douglas County, 109 Neb. 35, 189 N.W. 639 (1922). County board is given the power to provide the necessary offices for use of county. Roberts v. Thompson, 82 Neb. 458, 118 N.W. 106 (1908). 4. Miscellaneous LB 1003, Eighty-second Legislature, First Session (sections 23-2601 to 23-2612), does not amend this section and therefor does not violate Article III, section 14, Constitution of Nebraska. Dwyer v. Omaha-Douglas Public Building Commission, 188 Neb. 30, 195 N.W.2d 236 (1972).