2006 Nebraska Revised Statutes - § 35-509 — District; budget; tax to support; limitation; how levied; county treasurer; secretary-treasurer; duties.

Section 35-509
District; budget; tax to support; limitation; how levied; county treasurer; secretary-treasurer; duties.

(1) The board of directors shall have the power and duty to determine a general fire protection and rescue policy for the district and shall annually fix the amount of money for the proposed budget statement as may be deemed sufficient and necessary in carrying out such contemplated program for the ensuing fiscal year, including the amount of principal and interest upon the indebtedness of the district for the ensuing year. After the adoption of the budget statement, the president and secretary of the district shall request the amount of tax to be levied which the district requires for the adopted budget statement for the ensuing year to the proper county board on or before August 1 of each year. Such board shall levy a tax not to exceed ten and one-half cents on each one hundred dollars upon the taxable value of all the taxable property in such district when the district is a rural or suburban fire protection district, for the maintenance of the fire protection district for the fiscal year as provided by law, plus such levy as is authorized to be made under subdivision (13) of section 35-508, all such levies being subject to section 77-3443. The tax shall be collected as other taxes are collected in the county, deposited with the county treasurer, and placed to the credit of the rural or suburban fire protection district so authorizing the same to be paid to the secretary-treasurer of such district as is provided for by subsection (3) of this section or to be remitted to the county treasurer of the county in which the greatest portion of the valuation of the district is located as is provided for by subsection (2) of this section. For purposes of section 77-3443, the county board of the county in which the greatest portion of the valuation of the district is located shall approve the levy.

(2) All such taxes collected or received for the district by the treasurer of any other county than the one in which the greatest portion of the valuation of the district is located shall be remitted to the treasurer of the county in which the greatest portion of the valuation of the district is located at least quarterly. All such taxes collected or received shall be placed to the credit of such district in the treasury of the county in which the greatest portion of the valuation of the district is located.

(3) It shall be the duty of the secretary-treasurer of the district to apply for and receive from the county treasurer of the county in which collected or from the county treasurer of the county in which the greatest portion of the valuation of the district is located, if such district is located in more than one county, all money to the credit of the rural or suburban fire protection district or collected for the same by such county treasurer, upon an order of the treasurer countersigned by the president of such district. The money shall be paid out upon warrants drawn upon the secretary-treasurer by authority of the board of directors of the district bearing the signature of the secretary-treasurer and the countersignature of the president of the rural or suburban fire protection district.

(4) In no case shall the amount of tax levy exceed the amount of funds to be received from taxation according to the adopted budget statement of the district.

Source:

Laws 1939, c. 38, § 5, p. 193

C.S.Supp.,1941, § 35-605

R.S.1943, § 35-405

Laws 1947, c. 128, § 1, p. 368

Laws 1949, c. 98, § 9, p. 266

Laws 1953, c. 121, § 1, p. 383

Laws 1953, c. 287, § 54, p. 962

Laws 1955, c. 127, § 1, p. 360

Laws 1955, c. 128, § 4, p. 365

Laws 1969, c. 145, § 34, p. 693

Laws 1972, LB 849, § 3

Laws 1975, LB 375, § 2

Laws 1979, LB 187, § 150

Laws 1990, LB 918, § 3

Laws 1992, LB 719A, § 131

Laws 1996, LB 1114, § 55

Laws 1998, LB 1120, § 12

~Reissue Revised Statutes of Nebraska