35-508. District; directors; powers.
The board of directors shall have the following general powers:
(1) To determine a general fire protection and rescue program for the district;
(2) To make an annual estimate of the probable expense for carrying out such program;
(3) To annually certify such estimate to the county clerk in the manner provided by section 35-509;
(4) To manage and conduct the business affairs of the district;
(5) To make and execute contracts in the name of and on behalf of the district;
(6) To buy real estate when needed for the district and to sell real estate of the district when the district has no further use for it;
(7) To purchase or lease such firefighting and rescue equipment, supplies, and other real or personal property as necessary and proper to carry out the general fire protection and rescue program of the district;
(8) To incur indebtedness on behalf of the district;
(9) To authorize the issuance of evidences of the indebtedness permitted under subdivision (8) of this section and to pledge any real or personal property owned or acquired by the district as security for the same;
(10) To organize, establish, equip, maintain, and supervise a paid, volunteer, or combination paid and volunteer fire department or company to serve the district and to establish a service award benefit program pursuant to the Volunteer Emergency Responders Recruitment and Retention Act;
(11) To employ and compensate such personnel as necessary to carry out the general fire protection and rescue program of the district;
(12) To authorize the execution of a contract with the Game and Parks Commission or a public power district for fire protection of property of the commission or public power district located in or adjacent to the rural or suburban fire protection district;
(13)(a) If the rural or suburban fire protection district has levy authority pursuant to subsection (10) of section 77-3442, to levy a tax not to exceed ten and one-half cents on each one hundred dollars in any one year upon the taxable value of all taxable property within such district for the purpose of establishing a sinking fund, which shall be in addition to the amount of tax which may be annually levied to defray the general and incidental expenses of such district. The sinking fund shall be for the construction, purchase, improvement, extension, original equipment, or repair, not including maintenance, of district buildings to house equipment or personal belongings of a fire department, for the purchase of firefighting and rescue equipment or apparatus, for the acquisition of any land incidental to such purposes, or for payment of principal and interest on any evidence of indebtedness issued pursuant to subdivisions (8) and (9) of this section. The levy authorized in this subdivision shall be subject to subsection (10) of section 77-3442; and
(b) If the rural or suburban fire protection district does not have levy authority pursuant to subsection (10) of section 77-3442, to levy a tax not to exceed ten and one-half cents on each one hundred dollars in any one year upon the taxable value of all taxable property within such district, subject to section 77-3443, for the purpose of establishing a sinking fund, which shall be in addition to the amount of tax which may be annually levied to defray the general and incidental expenses of such district. The sinking fund shall be for the construction, purchase, improvement, extension, original equipment, or repair, not including maintenance, of district buildings to house equipment or personal belongings of a fire department, for the purchase of firefighting and rescue equipment or apparatus, for the acquisition of any land incidental to such purposes, or for payment of principal and interest on any evidence of indebtedness issued pursuant to subdivisions (8) and (9) 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;
(14) To adopt and enforce fire codes and establish penalties at annual meetings, except that the code must be available prior to annual meetings and notice shall so provide; and
(15) Generally to perform all acts necessary to fully carry out the purposes of sections 35-501 to 35-517.
Source
Cross References
Annotations
Pursuant to subsection (11) of this section, contributions made to individuals who are not on a payroll cannot be considered related payroll expenses. Southeast Rur. Vol. Fire Dept. v. Neb. Dept. of Rev., 251 Neb. 852, 560 N.W.2d 436 (1997).
Structure Nebraska Revised Statutes
Chapter 35 - Fire Companies and Firefighters
35-101 - Volunteer firefighters; exemptions enumerated; retired firefighters; exemptions.
35-102 - Volunteer fire department; number of members; apparatus.
35-103 - Volunteer firefighters; members in good standing.
35-105 - Equipment; exemption from execution and sale.
35-106 - Fire insurance companies; occupation tax; levy; collection.
35-107 - Volunteer department; emergency first aid; members; immunity from liability; when.
35-109 - Sirens; restriction on use.
35-202 - Volunteer firefighter; file certificate of insurance.
35-501 - Rural and suburban fire protection districts; organization; necessity.
35-506 - District; vote on organization; officers; terms; compensation.
35-507 - District; meeting; when held.
35-508 - District; directors; powers.
35-509 - District; budget; tax to support; limitation; how levied; county treasurer; duties.
35-509.01 - District; secretary-treasurer; bond; amount; premium; failure to furnish; effect.
35-511 - District funds; where deposited; how disbursed; annual report.
35-512 - Districts; warrants; amount authorized; rate of interest.
35-514 - District; annexation of territory; procedure.
35-516 - District; boundaries; change; procedure; merger.
35-517 - District; boundaries; county board; duties.
35-518 - District; contract for protection with counties of adjoining state; terms; damages.
35-520 - Rural fire protection district; false alarm; false report; violation; penalty.
35-529 - Rural or suburban fire protection district; radio equipment; purchase; reimbursement.
35-530 - Territory within village or city; inclusion within district; procedure.
35-531 - Inclusion; procedure.
35-532 - Inclusion; county clerk; duties.
35-535 - District; public meeting; board of directors.
35-536 - Merged district; statutes applicable.
35-537 - Annexation of territory by a city or village; effect on certain contracts.
35-538 - Annexation; board of directors; accounting; effect.
35-539 - Annexation; when effective; board of directors; duties.
35-540 - Annexation; obligations and assessments; agreement to divide; approval; decree.
35-601 - Emergency Firefighting Fund; created; use; investment.
35-602 - Emergency Firefighting Fund; State Fire Marshal; use; purpose.
35-603 - Emergency Firefighting Fund; agreements with federal government; purpose.
35-801 - Clothing and equipment; prohibited acts; violation; penalty.
35-1004 - Benefits; entitled, when.
35-1006 - Benefits; maximum amount.
35-1008 - Benefits; proof of insurance coverage or ability to pay; documentation.
35-1009 - Reports; requirements.
35-1010 - Rules and regulations.
35-1101 - Fire Recognition Day; designation.
35-1202 - Mutual finance organization, defined.
35-1203 - Mutual Finance Assistance Fund; created; use; investment.
35-1204 - Mutual finance organization; creation by agreement; tax levy.
35-1205 - Distributions from fund; qualifications.
35-1206 - Distributions from fund; amount; disqualification; when.
35-1207 - Application for distribution; financial information required; State Treasurer; duties.
35-1302 - Legislative findings.
35-1309 - Service award benefit program; authorized.
35-1309.01 - Standard criteria for qualified active service; computation.
35-1310 - Certification administrator; designation; duties; certification list; hearing; appeal.
35-1312 - Service award benefit payments; when; section; how construed.
35-1313 - Service award benefits; payment upon military service, disability, or death.
35-1314 - Participant; failure to qualify; forfeiture.
35-1315 - Service award benefit program; annual account.
35-1316 - Annual account; appropriations and contributions; liability; limitation.
35-1317 - Service award benefit; how paid; exempt from judicial process.
35-1319 - Participant; status as volunteer.
35-1322 - Annexation, merger, or consolidation; established service award benefit program; effect.
35-1323 - Annexation, merger, or consolidation; no service award benefit program; effect.
35-1324 - Annual accounts; deposits and other property held in grantor trust; effect.
35-1326 - Administrative services agreements authorized.
35-1327 - Agreement; provisions.
35-1329 - Service award benefit program; termination; effect.
35-1330 - Unallocated contributions forfeited; use.
35-1403 - Employer; prohibited acts.
35-1404 - Employer; adjustment to wages authorized.
35-1405 - Employee; duty to notify employer.
35-1406 - Employee; provide written statement; contents.
35-1407 - Employee; provide employer notice of status as volunteer emergency responder.