[HISTORY: Adopted by the City Council of the City of Seward
as indicated in article histories. Amendments noted where applicable.]
[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.
CIRCULATOR
CLERK
GOVERNING BODY
MEASURE
MUNICIPALITY
PETITION
PLACE OF RESIDENCE
PROSPECTIVE PETITION
QUALIFIED ELECTORS
RESIDENCE
SIGNATURE SHEET
For purposes
of this article, the definitions set out in this section, unless the
context otherwise requires, shall apply:
Any person who solicits signatures for an initiative or referendum
petition.
The Municipal Clerk or the municipal official in charge of
elections.
The legislative authority of the municipality.
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.
The City of Seward, Nebraska.
A document authorized for circulation pursuant to § 72-2.2, or any copy of such document.
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.
A sample document containing the information necessary for
a completed petition, including a sample signature sheet, which has
not yet been authorized for circulation.
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.
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.
A sheet of paper which is part of a petition and which is
signed by persons wishing to support the petition effort.
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(Neb. RS 18-2501 through 18-2511)
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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:
Signers and circulators shall comply with Neb. RS 32-629 and
32-630. (Neb. RS 18-2517)
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.
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:
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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.
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Dated this _____ day of ______________ 20_____
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Clerk of the City of Seward, Nebraska.
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__________________________
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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;
(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)]
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]
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)
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)
