79-10,121 Class I school district; schoolhouse; site; facilities; purchase or lease; powers of voters at annual or special meeting; tax.
79-10,121. Class I school district; schoolhouse; site; facilities; purchase or lease; powers of voters at annual or special meeting; tax.Legal voters of a Class I school district may at any annual or special meeting (1) direct the purchasing or leasing of any appropriate site and the building, hiring, or purchasing of a schoolhouse, a teacherage for the purpose of providing housing facilities for the school employees of the district, or other school buildings, (2) determine the amount necessary to be expended for such purposes the succeeding year, and (3) vote a tax on the property of the district for the payment of the amount. SourceLaws 1881, c. 78, subdivision II, § 10, p. 340; Laws 1889, c. 78, § 5, p. 543; R.S.1913, § 6739; C.S.1922, § 6277; C.S.1929, § 79-210; R.S.1943, § 79-210; Laws 1949, c. 256, § 190, p. 754; Laws 1953, c. 300, § 1, p. 1010; R.S.1943, (1987), § 79-506; Laws 1991, LB 511, § 48; Laws 1992, LB 245, § 55; R.S.1943, (1994), § 79-606; Laws 1996, LB 900, § 767; Laws 1997, LB 345, § 43. AnnotationsA school athletic facility is a "schoolhouse or other building" within the meaning of this section. Banks v. Board of Education of Chase County, 202 Neb. 717, 277 N.W.2d 76 (1979).Under former law purchase of residence for teachers was illegal. Fulk v. School District No. 8 of Lancaster County, 155 Neb. 630, 53 N.W.2d 56 (1952).Change of site may be authorized, but schoolhouse may not be moved prior to acquisition of title to new site. McMahon v. District No. 66 of Antelope County, 80 Neb. 156, 113 N.W. 1046 (1907).Board cannot buy or lease site except by authority of electors. Ladd v. School Dist. No. 6 of Hall County, 70 Neb. 438, 97 N.W. 594 (1903).Determination by electors of kind and cost of building is binding on board. School Dist. No. 35 of Sherman County v. Randolph, 57 Neb. 546, 77 N.W. 1073 (1899); Gehling v. School Dist. No. 57 of Richardson County, 10 Neb. 239, 4 N.W. 1023 (1880).Electors alone have power to direct building of schoolhouse. They may select agents to superintend construction. Mizera v. Auten, 45 Neb. 239, 63 N.W. 399 (1895).Building contract must be made with reference to funds available. School Dist. No. 2 of Dixon County v. Stough, 4 Neb. 357 (1876).