State Codes and Statutes

Statutes > Nebraska > Chapter23 > 23-2_100

23-2,100. Termination of township board; publichearing; notice; resolution; termination date; conduct of business; disposalof property; discontinuance of township organization of county.(1) If a township boardhas become inactive, the county board of supervisors shall hold a public hearingon the issue of termination of the township board. Notice of the hearing shallbe published for two consecutive weeks in a newspaper of general circulationin the county. For purposes of this section, a township board has become inactivewhen two or more board positions are vacant and the county board has beenunable to fill such positions in accordance with section 32-567 for six ormore months.(2) If no appointment tothe township board has been made within thirty days after the public hearingbecause no resident of the township has provided written notice to the countyboard that he or she will serve on the township board, the county board mayadopt a resolution to terminate the township board on the following June 30.If the resolution is adopted on or after June 1 but before June 30, the townshipboard shall terminate on the following July 31.(3) Between the date of the publichearing and the date of termination of the township board, the business ofthe township shall be handled according to this subsection. No tax distributionsshall be made to the township. Such funds shall be held by the county boardin a separate township fund and disbursed only to pay outstanding obligationsof the township board. All claims against the township board shall be filedwith the county clerk and heard by the county board. Upon allowance of a claim,the county board shall direct the county clerk to draw a warrant upon thetownship fund. The warrant shall be signed by the chairperson of the countyboard and countersigned by the county clerk.(4) Upon termination of a townshipboard, the county board shall settle all unfinished business of the townshipboard and shall dispose of all property under ownership of the township. Anyproceeds of such sale shall first be disbursed to pay any outstanding obligationsof the township, and remaining funds shall be credited to the road fund ofthe county board. Any remaining township board members serving as of the dateof termination shall deposit with the county clerk all township records, papers,and documents pertaining to the affairs of the township and shall certifyto the county clerk the amount of outstanding indebtedness in existence onthe date of termination. The county board shall levy a tax upon the taxableproperty located within the boundaries of the township to pay any outstandingindebtedness not paid for under this subsection or subsection (3) of thissection.(5)If more than fifty percent of the township boards in a county have been terminated,the county board shall file with the election commissioner or county clerka resolution supporting the discontinuance of the township organization ofthe county pursuant to subsection (2) of section 23-293. SourceLaws 2010, LB768, § 1.Effective Date: July 15, 2010