Nebraska § 31-771 Appointment of an administrator; petition; conditions

Nebraska Statutes

§ 31-771 — Appointment of an administrator; petition; conditions

Nebraska·Ch. 31 Drainage

A petition may be filed with the district court of the county in which a majority of the real property of a sanitary and improvement district is located for referral of the district to the Auditor of Public Accounts for the appointment of an administrator of the district and suspension of the authority of the board of trustees or other relief as provided by sections 31-772 to 31-780 . Such petition may be filed by:

(1)A majority of the board of trustees of the district;

(2)the holders of more than fifty percent in principal amount of the outstanding bonds of the district;

(3)the holders of more than fifty percent in principal amount of outstanding construction fund warrants of the district;

(4)a majority of the lessees permitted to vote pursuant to section 31-735 who are residents

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A petition may be filed with the district court of the county in which a majority of the real property of a sanitary and improvement district is located for referral of the district to the Auditor of Public Accounts for the appointment of an administrator of the district and suspension of the authority of the board of trustees or other relief as provided by sections 31-772 to 31-780 . Such petition may be filed by: (1) A majority of the board of trustees of the district; (2) the holders of more than fifty percent in principal amount of the outstanding bonds of the district; (3) the holders of more than fifty percent in principal amount of outstanding construction fund warrants of the district; (4) a majority of the lessees permitted to vote pursuant to section 31-735 who are residents of the district and resident property owners of the district; (5) the owners of more than one-half of the real property within the district; or (6) a municipality whose boundary adjoins the district and which exercises zoning jurisdiction over the district. A petition filed by a municipality pursuant to subdivision (6) of this section may be filed by such municipality only on grounds that the district has issued outstanding bonds or construction fund warrants which have been in default for more than ninety days or the district lacks a functioning board of trustees.

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