[Adopted as Ch. 1, Art. 4, of the 1976 Code]
Each Councilman, before entering upon the duties of his office, shall be required to give a bond or evidence of equivalent insurance to the municipality. The bond shall be with two or more good and sufficient sureties or some responsible surety company. If the bond is given by two sureties, they shall each justify that he is worth at least $2,000 over and above all debts and exemptions. Such bond or insurance amounts shall be on file in the office of the Municipal Clerk and shall be conditioned on the faithful discharge of the duties of the Councilman. The bond or insurance will be further conditioned that if the Councilman shall vote for any expenditure or appropriation of money or create any liability in excess of the amount allowed by law, the Councilman and the sureties signing the bond shall be liable thereon. The bond shall be filed with the Clerk and approved by the Mayor. Upon approval, the City may pay the premium for such bond. Any liability sought to be incurred, or debt created in excess of the amount limited or authorized by law, shall be taken and held by any court of the state as the joint and several liability of the Councilman voting for and the Mayor approving such liability, obligation, or debt. Any such liability or debt shall not be an obligation upon the municipality. Voting for or approving of such liability or debt shall be conclusive evidence of malfeasance in office. Any Councilman voting for such an appropriation or any Mayor approving of the same may be removed from office. In the event that any Councilman has not filed proper bond or insurance, as required herein, prior to entering upon the duties of his office, said office shall be declared vacant and shall be filled by appointment as provided in § 85-1.3 of this chapter. (Neb. RS 16-304)
Official bonds of the municipality shall be in form, joint and
several, and shall be made payable to the municipality in such penalty
as the governing body may set by resolution, which sums shall be on
file at the office of the Municipal Clerk; provided the penalty amount
on any bond shall not fall below the legal minimum, when one has been
set by the State of Nebraska, for each particular official. All official
bonds of the municipal officials shall be executed by the principal
named in such bonds and by at least two sufficient sureties who shall
be freeholders of the county, or by the official as principal and
by a guaranty, surety, fidelity, or bonding company; provided no municipal
official, while still in his official term of office, shall be accepted
as surety on any other official's bond, contractor's bond, license
bond, or appeal bond under any circumstances. Only companies that
are legally authorized to transact business in the State of Nebraska
shall be eligible for suretyship on the bond of an official of the
municipality. All said bonds shall obligate the principal and sureties
for the faithful discharge of all duties required by law of such principal,
and shall inure to the benefit of the municipality and any persons
who may be injured by a breach of the conditions of such bonds. No
bond shall be deemed to be given or complete until the approval of
the governing board, and all sureties are endorsed in writing on the
instrument by the Mayor and Municipal Clerk pursuant to the approval
of the governing body. The premium on any official bond required to
be given may be paid out of the General Fund, or other proper municipal
fund, upon a resolution to that effect by the governing body at the
beginning of any municipal year. All official bonds, meeting the conditions
herein, shall be filed with the Municipal Clerk for his official records
and it shall be the duty of the Municipal Clerk to furnish a certified
copy of any bond so filed upon the payment of a fee which shall be
set by resolution of the governing body. In the event that the sureties
on the official bond of any officer of the municipality, in the opinion
of the governing body, become insufficient, the governing body may,
by resolution, fix a reasonable time within which the officer may
give a new bond or additional sureties as directed. In the event that
the officer should fail, refuse, or neglect to give a new bond, or
additional sureties to the satisfaction and approval of the governing
body, then the office shall by such failure, refusal, or neglect become
vacant, and it shall be the duty of the governing body to appoint
a competent and qualified person to fill the office. Any official
who is reelected to office shall be required to file a new bond after
each election. (Neb. RS 11-103 through 11-118, 16-219)
[Amended 11-21-1978 by Ord. No. 1151; 9-19-1995 by Ord. No. 36-95]
A.
The following elected and appointed officials and the employees of
the City shall, before entering upon the duties of their respective
offices and employment, each give bond or be provided with bond by
the City for their respective offices and employment with good and
sufficient surety or a corporate surety bond to be approved by the
Mayor and Council in sums as set from time to time by the City Council:[1]
B.
In the event any elected or appointed official has not filed proper bond as required herein, prior to entering upon the duties of his/her respective offices, said office shall be declared vacant and filled by appointment as provided in § 85-1.3 or 85-4.2 of this Code. Premiums of such bonds shall be paid by the City.
[Added 12-4-2007 by Ord.
No. 42-07]
From and after the effective date herein and pursuant to Neb.
RS 11-104(2), all surety and other bonds required by City ordinances
or by Nebraska law for City officials may be provided by the purchase
of a blanket bond, undertaking or equivalent insurance. The City may
pay the premium for the bond or insurance coverage. The bond or insurance
coverage shall be, at a minimum, an aggregate of the amounts fixed
by the law or by the City Council requiring such bond or undertaking
and on such terms and conditions as may be required.
All officials of the municipality, whether elected or appointed,
except when a different oath is specifically provided herein, shall,
before entering upon their respective duties, take and subscribe the
following oath, which shall be endorsed upon their respective bonds:
|
"I _________________________ do solemnly swear that I will support
the Constitution of the United States and the Constitution of the
State of Nebraska against all enemies, foreign and domestic; that
I bear true faith and allegiance to the same; that I take this obligation
freely, and without mental reservation, or for the purpose of evasion;
and that I will faithfully and impartially perform the duties of the
office of ________________________ according to law, and to the best
of my ability. And I do further swear that I do not advocate, nor
am I a member of any political party or organization that advocates
the overthrow of the government of the United States or of this state
by force or violence; and that during such time as I am in this position
I will not advocate, nor become a member of any political party or
organization that advocates the overthrow of the government of the
United States or of this state by force or violence. So help me God."
|
In the event that any elected or appointed official has not taken and subscribed the oath of office, as provided herein, prior to entering upon the duties of his/her respective office, said office shall be declared vacant and shall be filled by appointment as provided in § 85-1.3 or 85-4.2 of this Code. (Neb. RS 11-101)
