§ 46-194 — Plan of operation; construction work; bonds; issuance; special election; notice; procedure

Upon receiving the report, the board of directors shall proceed to determine the amount of money necessary to be raised, and shall immediately thereupon call a special election, at which shall be submitted to the electors of such district possessing the qualifications prescribed by section 46-102 , the question of whether or not the bonds of such district shall be issued and the amount so determined; Provided, such bonds shall not be issued for more than the actual estimated cost of such ditches, the purchase price of ditches, the cost of construction work, all as contained in its general plan of operation, as well as the first year's interest upon such bond issue. Notice of such election must be given by posting notice in three public places in each election precinct in the district for at least twenty days, and also by publication of such notice in some newspaper published in the county where the office of the board of directors of such district is required to be kept, once a week for at least three successive weeks. Such notice must specify the time of holding the election, the amount of bonds proposed to be issued, and the election must be held, and the result thereof determined and declared in all respects as nearly as practicable in conformity with the provisions of sections 46-111 to 46-118 governing the election of officers; Provided, no informalities in conducting such an election shall invalidate the same if the election shall have been otherwise fairly conducted. At such election, the ballots shall contain the words, Bonds ..... Yes, or Bonds ..... No, or words equivalent thereto.

Legislative History

Source: Laws 1895, c. 70, § 13, p. 278; Laws 1903, c. 122, § 1, p. 622; Laws 1909, c. 155, § 2, p. 562; Laws 1911, c. 160, § 1, p. 529; R.S.1913, § 3469; C.S.1922, § 2869; C.S.1929, § 46-113; R.S.1943, § 46-194. Cross References: Bonds of indebtedness: Registration, see section 10-209. Suit on, state made party, when, see section 25-21,201. Annotations: No specific requirement is made as to the form of notice to be given to the electors. Frenchman Valley Irr. Dist. v. Smith, 167 Neb. 78, 91 N.W.2d 415 (1958). Bonds issued hereunder are classed as construction bonds as distinguished from refinance bonds. State ex rel. Brown v. Taylor, 125 Neb. 228, 249 N.W. 586 (1933).