City of Seward, NE
Seward County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Seward as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Administration of government — See Ch. 7.
Fiscal management — See Ch. 44.
[Adopted as Ch. 1, Art. 7, of the 1976 Code]
All ordinances shall be passed pursuant to such rules and regulations as the Council may provide. All ordinances may be proven by the certificate of the Municipal Clerk under the Seal of the municipality. When printed or published in book or pamphlet form and purporting to be published by authority of the City, such ordinances shall be read and received in evidence in all courts and places without further proof. The passage, approval, and publication or posting of any ordinance shall be sufficiently proven by a certificate under the Seal of the City from the Clerk showing that such ordinance was passed and approved, and when and in what paper the same was published. When ordinances are published in book or pamphlet form, purporting to be published by authority of the City Council, the same need not be otherwise published; and such book or pamphlet shall be received as evidence of passage and legal publication of such ordinances as of the dates mentioned in such book or pamphlet. (Neb. RS 16-403)
[Amended 10-21-1980 by Ord. No. 29-80]
All ordinances, resolutions, or orders for the appropriation or payment of money shall require for their passage or adoption the concurrence of a majority of all members elected to the Council. The Mayor may vote on such matter when his vote shall be decisive and the Council is equally divided, and the Mayor shall, for the purpose of such vote, be deemed to be a member of the Council. (Neb. RS 16-404)
[Amended 2-7-1995 by Ord. No. 14-95]
All ordinances and resolutions or orders for the appropriation or payment of money shall require for their passage or adoption the concurrence of a majority of all members elected to the Council. Ordinances of a general or permanent nature shall be read by title on three different days unless 3/4 of the Council members vote to suspend this requirement, except that such requirement shall not be suspended for any ordinance for the annexation of territory. In the case such requirement is suspended, the ordinance shall be read by title or number and then moved for final passage. Three-fourths of the Council members may require a reading of any such ordinance in full before enactment under either procedure set out in this section. (Neb. RS 16-404)
All ordinances of a general nature shall be published one time within 15 days after they are passed in some newspaper published within the City or in pamphlet form to be distributed or sold as may be provided by ordinance, and every ordinance fixing a penalty or forfeiture for its violation shall, before the same takes effect, be published for at least one week in some manner above prescribed. (Neb. RS 16-405)
The style of all municipal ordinances shall be: "Be it ordained by the Mayor and Council of the City of Seward." (Neb. RS 16-405)
No ordinance shall contain a subject not clearly expressed in its title. (Neb. RS 16-404)
A. 
Except as provided in Subsection B of this section, an ordinance for the government of the municipality which has been adopted by the governing body without submission to the voters of the municipality shall not go into effect until 15 days after the passage of the ordinance.
B. 
In the case of riots, infectious diseases, or other impending danger or other emergency requiring its immediate operation, an ordinance shall take effect upon the proclamation of the Mayor immediately upon the first publication of the ordinance. Such emergency ordinance shall recite the emergency, be passed by a three-fourths vote of the governing body, and be entered of record on the Municipal Clerk's minutes.
(Neb. RS 16-405, 19-3701)
No ordinance or section thereof shall be revised or amended unless the new ordinance contains the entire ordinance or section as revised or amended, and the ordinance or section so amended is repealed, except that an ordinance revising all the ordinances of the municipality and modifications to zoning or building districts may be adopted as otherwise provided by law. (Neb. RS 16-404)
Ordinances shall be introduced by members of the governing body in one of the following ways:
A. 
With the recognition of the Mayor, a member may, in the presence and hearing of a majority of the members elected to the governing body, read aloud the substance of the proposed ordinance and file a copy with the Municipal Clerk for future consideration; or
B. 
With the recognition of the Mayor, a member may present the proposed ordinance to the Clerk who, in the presence and hearing of a majority of the members elected to the governing body, shall read aloud the substance of the ordinance and file it for future consideration.
[Amended 10-21-1980 by Ord. No. 30-80]
Resolutions and motions shall be introduced in one of the methods prescribed for the introduction of ordinances. After their introduction they shall be fully and distinctly read one time in the presence and hearing of a majority of the members elected to the Council. The issue raised by said resolutions or motions shall be disposed of in accordance with the usage of parliamentary law adopted for the guidance of the Council. A majority vote shall be required to pass any resolution or motion. The Mayor may vote on any such matter when his vote shall be decisive and the Council is equally divided, and the Mayor shall, for the purpose of such vote, be deemed to be a member of the Council. The vote on any resolution or motion shall be viva voce and "yeas" and "nays" thereon shall be recorded by the Clerk. (Neb. RS 16-503)
[Amended 12-6-1977 by Ord. No. 1105]
The ordinance to be published in pamphlet form shall provide in the title of the ordinance and in a section of the ordinance that such ordinance shall be published in pamphlet form. The number and title of the ordinance shall be entered in the minutes of the meeting at which said ordinance is duly passed and approved by the Mayor and Council. Upon the Mayor declaring the ordinance adopted and signing the same, the City Clerk shall attest to the passage and adoption by fixing her signature and Seal of the City thereto and the Clerk shall thereupon enter into the minutes of the meeting that the ordinance by its number is published in pamphlet form. The Clerk shall enter under oath a certificate in written form of such publication in pamphlet form in the ordinance records of the City.
The governing body may make all ordinances, bylaws, rules, regulations, and resolutions, not inconsistent with the laws of the State of Nebraska, as may be necessary or expedient for maintaining the peace, good government, and welfare of the municipality and its trade, commerce, and manufactures, for preserving order and securing persons or property from violence, danger, and destruction, for protecting public and private property, and for promoting the public health, safety, convenience, comfort, and morals and the general interests and welfare of the inhabitants of the municipality. (Neb. RS 16-246)
[Adopted 9-4-1984 by Ord. No. 23-84 (Ch. 1, Art. 12, of the 1976 Code)]
A. 
The powers of initiative and referendum are reserved to the qualified electors of the municipality by state law. This article shall govern the use of initiatives to enact, and the use of referenda to amend or repeal, measures affecting the governance of the municipality.
B. 
For purposes of this article, the definitions set out in this section, unless the context otherwise requires, shall apply:
CIRCULATOR
Any person who solicits signatures for an initiative or referendum petition.
CLERK
The Municipal Clerk or the municipal official in charge of elections.
GOVERNING BODY
The legislative authority of the municipality.
MEASURE
An ordinance, charter provision, or resolution which is within the legislative authority of the governing body to pass, and which is not excluded from the operation of referendum by the exceptions in § 72-2.12.
MUNICIPALITY
The City of Seward, Nebraska.
PETITION
A document authorized for circulation pursuant to § 72-2.2, or any copy of such document.
PLACE OF RESIDENCE
The street and number of the residence. If there is no street and number for the residence, "place of residence" shall mean the mailing address.
PROSPECTIVE PETITION
A sample document containing the information necessary for a completed petition, including a sample signature sheet, which has not yet been authorized for circulation.
QUALIFIED ELECTORS
All persons registered to vote at the time the prospective petition is filed, in the jurisdiction governed or to be governed by any measure sought to be enacted by initiative, or altered or repealed by referendum.
RESIDENCE
That place at which a person has established his or her home, where he or she is habitually present, and to which, when he or she departs, he or she intends to return.
SIGNATURE SHEET
A sheet of paper which is part of a petition and which is signed by persons wishing to support the petition effort.
(Neb. RS 18-2501 through 18-2511)
A. 
Before circulating an initiative or referendum petition, the petitioner shall file with the Clerk a prospective petition. The Clerk shall date the prospective petition immediately upon its receipt. The Clerk shall verify that the prospective petition is in proper form and shall provide a ballot title for the initiative or referendum proposal, as described below. If the prospective petition is in proper form, the Clerk shall authorize the circulation of the petition and such authorization shall be given within three working days from the date the prospective petition was filed. If the form of the prospective petition is incorrect, the Clerk shall, within three working days from the date the prospective petition was filed, inform the petitioner of necessary changes and request that those changes be made. When the requested changes have been made and the revised prospective petition has been submitted to the Clerk in proper form, the Clerk shall authorize the circulation of the petition and such authorization shall be given within two working days from the receipt of the properly revised petition. Verification by the Clerk that the prospective petition is in proper form does not constitute an admission by the Clerk, governing body, or municipality that the measure is subject to referendum or limited referendum or that the measure may be enacted by initiative.
B. 
The ballot title of any measure to be initiated or referred shall consist of:
(1) 
A briefly worded caption by which the measure is commonly known or which accurately summarizes the measure;
(2) 
A briefly worded question which plainly states the purpose of the measure, and is phrased so that an affirmative response to the question corresponds to an affirmative vote on the measure; and
(3) 
A concise and impartial statement, of not more than 75 words, of the chief purpose of the measure.
C. 
The ballots used when voting on an initiative or referendum proposal shall contain the entire ballot title. Proposals for initiative and referendum shall be submitted on separate ballots and the ballots shall be printed in lowercase ten-point type, except that the caption shall be in boldface type. All initiative and referendum measures shall be submitted in a nonpartisan manner without indicating or suggesting on the ballot that they have or have not been approved or endorsed by any political party or organization.
(Neb. RS 18-2512, 18-2513)
[Amended 8-4-2004 by Ord. No. 18-04]
A. 
The forms designed by the Secretary of State to be used for initiative and referendum petitions shall be made available to the public by the City Clerk, and they shall serve as a guide for individuals preparing prospective petitions. Substantial compliance with initiative and referendum forms is required before authorization to circulate such petition shall be granted by the City Clerk. Chief petitioners or circulators preparing prospective petitions shall be responsible for making copies of the petition for circulation after authorization for circulation has been granted. (Neb. RS 18-2514)
B. 
Each petition presented for signature must be identical to the petition authorized for circulation by the City Clerk. Every petition shall contain the name and place of residence of not more than three persons as chief petitioners or sponsors of the measure. The chief petitioners or sponsors shall be qualified electors of the municipality potentially affected by the initiative or referendum proposal. Every petition shall contain the caption and the statement specified to be part of the ballot title. When a special election is being requested, such fact shall be stated on every petition.
(Neb. RS 18-2515, 25-510.02, 25-2514)
Every signature sheet shall:
A. 
Contain the caption required in Subsection B of § 72-2.2 of this article;
B. 
Be part of a complete and authorized petition when presented to potential signatories; and
C. 
Provide space for signatories to write their names, residential addresses, and the date of signing.
(Neb. RS 18-2516)
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Signers and circulators shall comply with Neb. RS 32-629 and 32-630. (Neb. RS 18-2517)
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Signed petitions shall be filed with the Clerk for signature verification. Upon the filing of a petition, and passage of a resolution by the governing body, the municipality and the County Clerk or Election Commissioner of the county in which such municipality is located may by mutual agreement provide that the County Clerk or Election Commissioner shall ascertain whether the petition is signed by the requisite number of voters. The municipality shall reimburse the County for any costs incurred by the County Clerk or Election Commissioner. When the verifying official has determined that 100% of the necessary signatures required by this article have been obtained, he or she shall notify the governing body of that fact, and shall immediately forward to the governing body a copy of the petition.
B. 
In order for an initiative or referendum proposal to be submitted to the governing body and the voters, the necessary signatures shall be on file with the Clerk within six months from the date the prospective petition was authorized for circulation. If the necessary signatures are not obtained by such date, the petition shall be void.
(Neb. RS 18-2518)
The same measure, either in form or in essential substance, may not be submitted to the people by initiative petition, either affirmatively or negatively, more often than once every two years. No attempt to repeal or alter an existing measure or portion of such measure by referendum petition may be made within two years from the last attempt to do the same. Such prohibition shall apply only when the subsequent attempt to repeal or alter is designed to accomplish the same or essentially the same purpose as the previous attempt. (Neb. RS 18-2519)
A. 
The executive officer and governing body of the municipality may at any time, by resolution, provide for the submission to a direct vote of the electors of any measure pending before it, passed by it, including an override of any veto, if necessary, or enacted by the electors under this article and may provide in such resolution that such measure shall be submitted at a special election or the next regularly scheduled primary or general election. Immediately upon the passage of any such resolution for submission, the Clerk shall cause such measure to be submitted to a direct vote of the electors, at the time specified in such resolution and in the manner provided in this article for submission of measures upon proposals and petitions filed by voters. Such matter shall become law if approved by a majority of the votes cast.
B. 
The executive officer and governing body of a municipal subdivision shall not submit to a direct vote of the electors the question of whether the municipal subdivision should initiate proceedings for the condemnation of a natural gas system.[1]
(Neb. RS 18-2520)
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
The Clerk shall call elections under this article, either at a special election or regularly scheduled primary or general election. He or she shall cause notice of every such election to be printed in one or more newspapers of general circulation in such municipality at least once not less than 30 days prior to such election and also posted in the office of the Clerk and in at least three conspicuous places in such municipality at least 30 days prior to such election. The notice shall be substantially as follows:
Notice is hereby given that on Tuesday, the _____ day of __________, 20_____, at (identify polling place or precinct) of the City of Seward, Nebraska, an election will be held at which there will be submitted to the electors of the municipality for their approval or rejection, the following measures, propositions, or issues: __________ __________ (naming measures, propositions, or issues), which election will be open at 8:00 a.m. and will continue open until 8:00 p.m., of the same day.
Dated this _____ day of ______________ 20_____
Clerk of the City of Seward, Nebraska.
__________________________
B. 
The Clerk shall make available for photocopying a copy in pamphlet form of measures initiated or referred. Such notice provided in this section shall designate where such a copy in pamphlet form may be obtained.
(Neb. RS 18-2521)
All ballots for use in special elections under this article shall be prepared by the Clerk and furnished by the governing body, unless the governing body contracts with the county for such service, and shall be in form the same as provided by law for election of the executive officer and governing body of such municipality. When ordinances under such sections are submitted to the electors at a regularly scheduled primary or general election, they shall be placed upon the official ballots as provided in this article. (Neb. RS 18-2522)
A. 
The power of initiative allows citizens the right to enact measures affecting the governance of the municipality. An initiative proposal shall not have as its primary or sole purpose the repeal or modification of existing law except if such repeal or modification is ancillary to and necessary for the adoption and effective operation of the initiative measure.
B. 
An initiative shall not be effective if the direct or indirect effect of the passage of such initiative measure shall be to repeal or alter an existing law, or portion thereof, which is not subject to referendum or subject only to limited referendum pursuant to § 72-2.12.
C. 
Whenever an initiative petition bearing signatures equal in number to at least 15% of the qualified electors of the municipality has been filed with the Clerk and verified, it shall be the duty of the governing body to consider passage of the measure contained in the petition, including an override of any veto, if necessary. If the governing body fails to pass the measure without amendment, including an override of any veto, if necessary, within 30 days from the date it received notification, the Clerk shall cause the measure to be submitted to a vote of the people at the next regularly scheduled primary or general election held within the municipality. If the governing body desires to submit the measure to a vote of the people at a special election prior to the next regularly scheduled primary or general election held within the municipality, the governing body shall, by resolution, direct the Clerk to cause the measure to be submitted at a special election. Such resolution shall not be subject to referendum or limited referendum.
D. 
Whenever an initiative petition, bearing signatures equal in number to at least 20% of the qualified electors, which requests that a special election be called to submit the initiative measure to a vote of the people has been filed with the Clerk and verified pursuant to § 72-2.6, it shall be the duty of the governing body to consider passage of the measure contained in the petition, including an override of any veto, if necessary. If the governing body falls to pass the measure, without amendment, including an override of any veto, if necessary, within 30 days from the date it received notification, the Clerk shall cause the measure to be submitted to a vote of the people at a special election called for such purpose. The date of such election shall not be less than 30 days nor more than 60 days from the date the governing body received notification pursuant to § 72-2.6.
E. 
If a majority of voters voting on the initiative measure shall vote in favor of such measure, it shall become a valid and binding measure of the municipality 30 days after certification of the election results, unless the governing body by resolution orders an earlier effective date or the measure itself provides for a later effective date, which resolution shall not be subject to referendum or limited referendum. A measure passed by such method shall not be amended or repealed except by a two-thirds majority of the members of the governing body. No such attempt to amend or repeal shall be made within one year from the passage of the measure by the electors.
(Neb. RS 18-2523 through 18-2526)
[Amended 3-16-1993 by Ord. No. 8-93; 4-3-2001 by Ord. No. 11-01]
A. 
The power of referendum allows citizens the right to repeal or amend existing measures, or portions thereof, affecting the governance of the municipality. (Neb. RS 18-2527)
B. 
The following measures shall not be subject to referendum or limited referendum:
(1) 
Measures necessary to carry out contractual obligations, including, but not limited to, those relating to the issuance of or provided for in bonds, notes, warrants, or other evidence of indebtedness, for projects previously approved by a measure which was, or is, subject to referendum or limited referendum or previously approved by a measure adopted prior to July 17, 1982;
(2) 
Measures relating to any industrial development projects, subsequent to measures giving initial approval to such projects;
(3) 
Measures adopting proposed budget statements following compliance with procedures set forth in the Nebraska Budget Act;
(4) 
Measures relating to the immediate preservation of the public peace, health, or safety which have been designated as urgent measures by unanimous vote of those present and voting of the governing body and approved by the Mayor;
(5) 
Measures relating to projects for which notice has been given as provided for in Subsection E of this section for which a sufficient referendum petition was not filed within the time limit stated in such notice or which received voter approval after the filing of such petition;
(6) 
Resolutions directing the Municipal Clerk to cause measures to be submitted to a vote of the people at a special election as provided in Subsection C of § 72-2.11, Initiatives, and Subsection A of § 72-2.13, Referendum passage;
(7) 
Resolutions ordering an earlier effective date for measures enacted by initiative as provided in Subsection E of § 72-2.11; and
(8) 
Measures relating to any facility or system adopted or enacted pursuant to the Integrated Solid Waste Management Act (Neb. RS 13-2001 et seq.) by the municipality and which are necessary to carry out contractual obligations provided for in previously issued bonds, notes, warrants, or other evidence of indebtedness;
(9) 
Measures that amend, supplement, change, modify, or repeal a zoning regulation, restriction, or boundary and are subject to protest as provided in Neb. RS 19-905; and
(10) 
Measures relating to personnel issues, including, but not limited to, establishment, modification, or elimination of any personnel position, policy, salary, or benefit and any hiring, promotion, demotion, or termination of personnel.
[Neb. RS 18-2528(1)]
C. 
The following measures shall be subject to limited referendum:
(1) 
Measures in furtherance of a policy of the municipality or relating to projects previously approved by a measure which was subject to referendum or which was enacted by initiative or has been approved by the voters at an election, except that such measures shall not be subject to referendum or limited referendum for a period of one year after any such policy or project was approved at a referendum election, enacted by initiative, or approved by the voters at an election;
(2) 
Measures relating to the acquisition, construction, installation, improvement, or enlargement, including the financing or refinancing of the costs of public ways, public property, utility systems, and other capital projects, and measures giving initial approval for industrial development projects;
(3) 
Measures setting utility system rates and charges, except for measures necessary to carry out contractual obligations provided for in previously issued bonds, notes, warrants, or other evidences of indebtedness, and pay rates and salaries for municipal employees other than the members of the governing body and the Mayor; and
(4) 
Measures relating to any facility or system adopted or enacted pursuant to the Integrated Solid Waste Management Act by the municipality, except for measures necessary to carry out contractual obligations provided for in previously issued bonds, notes, warrants, or other evidence of indebtedness.
[Neb. RS 18-2528(2)]
D. 
Measures subject to limited referendum shall ordinarily take effect 30 days after their passage by the governing body, including an override of any veto, if necessary. Referendum petitions directed at measures subject to limited referendum shall be filed for signature verification pursuant to § 72-2.6, Signature verification, within 30 days after such measure's passage by the governing body, including a override of any veto, if necessary, or after notice is first published pursuant to Subsection E(3) of this section. If the necessary number of signatures as provided in § 72-2.11, Initiatives, has been obtained within the time limitations, the effectiveness of the measure shall be suspended unless approved by the voters. [Neb. RS 18-2528(3)]
E. 
Exemption for certain projects.
(1) 
For any measure relating to the acquisition, construction, installation, improvement, or enlargement of public ways, public property, utility systems, or other capital projects or any measure relating to any facility or system adopted or enacted pursuant to the Integrated Solid Waste Management Act, the municipality may exempt all subsequent measures relating to the same project from the referendum and limited referendum procedures provided for in this article by the following procedure:
(a) 
By holding a public hearing on the project, the time and place of such hearing being published at least once not less than five days prior to the date set for hearing in a newspaper of general circulation within the governing body's jurisdiction;
(b) 
By passage of a measure approving the project, including an override of a veto, if necessary, at a meeting held on any date subsequent to the date of hearing; and
(c) 
After passage of such measure, including an override of a veto, if necessary, by giving notice as follows:
[1] 
For those projects for which applicable statutes require an ordinance or resolution of necessity, creating a district or otherwise establishing the project, notice shall be given for such project by including either as part of such ordinance or resolution or as part of any publicized notice concerning such ordinance or resolution a statement that the project as described in the ordinance or resolution is subject to limited referendum for a period of 30 days after the first publication of such notice and that, after such thirty-day period, the project and measures related to it will not be subject to any further right of referendum; and
[2] 
For projects for which applicable statutes do not require an ordinance or resolution of necessity, notice shall be given by publication of a notice concerning such projects stating in general terms the nature of the project and the engineer's estimate of costs of such project and stating that the project described in the notice is subject to limited referendum for a period of 30 days after the first publication of such notice and that, after such thirty-day period, the project and measures related to it will not be subject to any further right of referendum. The notice required by this subsection shall be published in at least one newspaper of general circulation within the municipality and shall be published not later than 15 days after passage by the governing body, including an override of a veto, if necessary, of a measure approving the project.
(2) 
The right of the municipality to hold such a hearing prior to the passage of the measure by the governing body and give such notice after passage of such measure by the governing body to obtain exemption for any particular project in a manner described in this subsection is optional and the municipality shall not be required to hold such a hearing or give such notice for any particular project.
[Neb. RS 18-2528(4)]
F. 
All measures, except as provided in Subsections B, C, and E of this section, shall be subject to the referendum procedure at any time after such measure has been passed by the governing body, including an override of a veto, if necessary, or enacted by the voters by initiative. [Neb. RS 18-2528(5)]
A. 
Whenever a referendum petition bearing signatures equal in number to at least 15% of the qualified electors of the municipality has been filed with the Clerk and verified pursuant to § 72-2.6, it shall be the duty of the governing body to reconsider the measure or portion of such measure which is the object of the referendum. If the governing body fails to repeal or amend the measure or portion thereof in the manner proposed by the referendum, including an override of any veto, if necessary, within 30 days from the date the governing body receives notification pursuant to § 72-2.6, the Clerk shall cause the measure to be submitted to a vote of the people at the next regularly scheduled primary or general election held within the municipality. If the governing body desires to submit the measure to a vote of the people at a special election prior to the next regularly scheduled primary or general election held within the municipality, the governing body shall, by resolution, direct the Clerk to cause the measure to be submitted at a special election. Such resolution shall not be subject to referendum or limited referendum.
B. 
Whenever a referendum petition bearing signatures equal in number to at least 20% of the qualified voters of the municipality, which petition requests that a special election be called to submit the referendum measure to a vote of the people, has been filed with the Clerk and verified, it shall be the duty of the governing body to reconsider the measure or portion of such measure which is the object of the referendum. If the governing body fails to repeal or amend the measure or portion thereof, in the manner proposed by the referendum, including an override of any veto, if necessary, the Clerk shall cause the measure to be submitted to a vote of the people at a special election called for such purpose within 30 days from the date the governing body received notification. Subject to the provisions of § 72-2.9, the date of such special election shall not be less than 30 days nor more than 60 days from the date the governing body received notification.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
If a majority of the electors voting on the referendum measure shall vote in favor of such measure, the law subject to the referendum shall be repealed or amended. A measure repealed or amended by referendum shall not be reenacted or returned to its original form except by a two-thirds majority of the members of the governing body. No such attempt to reenact or return the measure to its original form shall be made within one year of the repeal or amendment of the measure by the electors. If the referendum measure does not receive a majority vote, the ordinance shall immediately become effective or remain in effect.
(Neb. RS 18-2529 through 18-2531)
A. 
Whoever knowingly or willfully makes a false affidavit or takes a false oath regarding the qualifications of any person to sign petitions under Neb. RS 18-2501 through 18-2531 shall be guilty of a Class I misdemeanor, with a limit of $300 on the fine.
B. 
Whoever falsely makes or willfully destroys a petition or any part thereof, or signs a false name thereto, of signs or files any petition knowing the same or any part thereof to be falsely made, or suppresses any petition, or any part thereof, which has been duly filed, pursuant to Neb. RS 18-2501 through 18-2531 shall be guilty of a Class I misdemeanor, with a limit of $500 on the fine.
C. 
Whoever signs any petition under Neb. RS 18-2501 through 18-2531 knowing that he or she is not a registered voter in the place where such petition is made, aids or abets any other person in doing any of the acts mentioned in this section, bribes or gives or pays any money or thing of value to any person directly or indirectly to induce him or her to sign such petition, or engages in any deceptive practice intended to induce any person to sign a petition shall be guilty of a Class I misdemeanor, with a limit of $300 on the fine.
D. 
Any Clerk who willfully refuses to comply with the provisions of Neb. RS 18-2501 through 18-2531 or who willfully causes unreasonable delay in the execution of his or her duties under such sections shall be guilty of a Class I misdemeanor, but imprisonment shall not be included as part of the punishment.
(Neb. RS 18-2532 through 18-2535)
A. 
The Election Act, so far as applicable, and when not in conflict with this article, shall apply to voting on ordinances by the electors pursuant to this article.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Nothing in this article shall apply to procedures for initiatives or referendums provided in Neb. RS 18-412 and 18-412.02 relating to municipal light and power plants, Neb. RS 70-504, 70-650.01 and 70-650.02, relating to public power districts, and Neb. RS 80-203 to 80-205 relating to soldiers and sailors monuments.
(Neb. RS 18-2536, 18-2537)
[Amended 8-4-2004 by Ord. No. 18-4]
A. 
The City or any chief petitioner may seek a declaratory judgment regarding any questions arising under this article, as it may be from time to time amended, including, but not limited to, determining whether a measure is subject to referendum or limited referendum or whether a measure may be enacted by initiative. If a chief petitioner seeks a declaratory judgment, the City shall be served by personal, residence, or certified mail service upon the chief executive officer or City Clerk. If the City seeks a declaratory judgment, only the chief petitioner or chief petitioners shall be required to be served.
B. 
Any action brought for declaratory judgment for purposes of determining whether a measure is subject to limited referendum or referendum, or whether a measure may be enacted by initiative, may be filed in the District Court at any time after the filing of a referendum or initiative petition with the City Clerk for signature verification until 40 days from the date the City Council received notification from the verifying official that the necessary signatures have been obtained. If the City does not bring an action for declaratory judgment to determine whether the measure is subject to limited referendum or referendum, or whether the measure may be enacted by initiative, until after it has received such notification, it shall be required to proceed with the initiative or referendum election in accordance with the provisions of this article. If the City does file such an action prior to receiving such notification, it shall not be required to proceed to hold such election until a final decision has been rendered in the action.
C. 
Any action for a declaratory judgment shall be governed generally by Neb. RS 25-21, 149 through 25-21, 164, except that only the City and each chief petitioner shall be required to be made parties. The City, City Clerk, City Council, or any of the City's officers shall be entitled to rely on any order rendered by the court in any such proceeding. Any action brought for declaratory judgment pursuant to this section shall be given priority in scheduling hearings and in disposition as determined by the court. When an action is brought to determine whether the measure is subject to limited referendum or referendum, or whether a measure may be enacted by initiative, a decision shall be rendered by the court no later than five days prior to the election.
D. 
The provisions of this section relating to declaratory judgments shall not be construed as limiting, but shall be construed as supplemental and additional to other rights and remedies conferred by law.
(Neb. RS 18-2538)