State Codes and Statutes

Statutes > Nebraska > Chapter71 > 71-1638

71-1638. Political subdivision; tax levy; limitation; election; procedure.Whenever petitions signed by twenty-five percent of the electors of a city, county, or village shall be presented to the city council or board of supervisors, commissioners, or trustees praying for the submission of the question of making a levy to provide for salary and expenses of a visiting community nurse, a home health nurse, or a home health agency and stating the amount of the levy and the period of years in which the same shall be made, it shall be the duty of such council or board of supervisors, commissioners, or trustees to submit the question to a vote of the people at a regular or special election called for that purpose. If the question is submitted at a special election, three weeks' notice of such special election shall be given by publication in some newspaper of general circulation. Such notice shall be published three consecutive weeks if the election is in a city or village or, if in a village and no paper is published in such village, then the notice shall be posted in three of the most public places in the village. If a majority of the votes cast at such election on the question are in favor of the levy, then the regularly constituted authorities of the city, county, or village shall include the same in the estimate for expenses for each year during the period for which adopted, unless the same shall be revoked. The tax shall be levied and collected in the same manner as other taxes are levied and collected. The levy shall be subject to section 77-3443. SourceLaws 1917, c. 209, § 2, p. 515; C.S.1922, § 8235; C.S.1929, § 71-2407; R.S.1943, § 71-1702; R.S.1943, (1986), § 71-1702; Laws 1987, LB 389, § 4; Laws 1996, LB 1114, § 65; Laws 1997, LB 269, § 33. AnnotationsRegular election as used in this section has the same meaning as general election, and therefore a general November election is a competent time at which to submit to the voters the proposed tax levy. State ex rel. Long v. City of Nebraska City, 123 Neb. 614, 243 N.W. 858 (1932).Writ of mandamus was denied in an action to compel the county clerk to make an additional tax levy for the expenses of a community nurse after the clerk had completed the main tax list and turned it over to the treasurer. State ex rel. Long v. Barstler, 122 Neb. 167, 240 N.W. 273 (1931).