Elected Officials shall be residents and qualified electors of the City. Except as an officer of a Public Power District, Public Power and Irrigation District, or Public Utility Company, Elected Officials shall hold no other elective office, any County office, nor any other office or employment of the Municipality. The acceptance of any County office by any elected Municipal official shall be a vacation of the Municipal office so held prior to such acceptance. Further, except as provided in § 1-402 of this chapter, such elected officials shall not be interested in the profits or emoluments of any contract, job, work or service for the City. (Ref. 16-305, 16-311, 70-624.04 RS Neb.)
[Amended by Ord. No. 858, 12-19-1989]
The electors of the Municipality shall elect a Mayor at large
and at least one City Council member from each ward in each Municipal
election year. Council members shall be electors of the Municipality
and residents of the ward from which they were elected. Terms of all
elected officials shall commence on the first (1st) regular meeting
in December of each election year. (Ref. 16-302.01 RS Neb.)
[Amended by Ord. No. 831, 10-18-1988; Ord. No. 1069, 6-3-2003; 2-18-2020 by Ord. No. 1246]
1.
The Mayor shall be elected to serve a four-year term of office and
shall have the following powers and duties:
a.
The Mayor
shall preside at all the meetings of the City Council and shall have
the right to vote on any such matter when his or her vote will provide
the additional vote required to create a number of votes equal to
a majority of the number of members elected to the Council. He or
she shall have the superintending control of all the officers and
affairs of the Municipality and shall take care that the state and
Municipal law are complied with. He or she may administer oaths and
shall sign the commissions and appointments of all the officers appointed
in the Municipality.
b.
The Mayor
shall have the power to approve or veto any ordinance passed by the
City Council and to approve or veto any order, bylaw, resolution,
award of or vote to enter into any contract, or the allowance of any
claim. If the Mayor approves the ordinance, order, bylaw, resolution,
contract, or claim, he or she shall sign it, and it shall become effective.
If the Mayor vetoes the ordinance, order, bylaw, resolution, contract,
or any item or items of appropriations or claims, he or she shall
return it to the City Council stating that the measure is vetoed.
The Mayor may issue the veto at the meeting at which the measure passed
or within seven calendar days after the meeting. If the Mayor issues
the veto after the meeting, the Mayor shall notify the City Clerk
of the veto in writing. The City Clerk shall notify the City Council
in writing of the Mayor's veto. Any ordinance, order, bylaw, resolution,
award of or vote to enter into any contract, or the allowance of any
claim vetoed by the Mayor, may be passed over his or her veto by a
vote of 2/3 of all the members elected to the City Council, notwithstanding
his or her veto. If the Mayor neglects or refuses to sign any ordinance,
order, bylaw, resolution, award of or vote to enter into any contract,
or the allowance of any claim, but fails to veto the measure within
the time required by this section, the measure shall become effective
without his or her signature. The Mayor may veto any item or items
of any appropriation bill or any claims bill, and approve the remainder
thereof, and the item or items so vetoed may be passed by the City
Council over the veto as in other cases.
c.
The Mayor
shall communicate to the City Council such information and recommend
such measures as in his or her opinion may tend to improve the Municipality,
and may have such jurisdiction as may be vested by ordinance over
all places within the extraterritorial zoning jurisdiction of the
Municipality for the enforcement of health or quarantine laws and
the regulation thereof.
d.
The Mayor
shall have the power after the conviction of any person to remit fines
and forfeitures, and to grant reprieves and pardons for all offenses
arising under the laws of the Municipality.
2.
In the event that there is a vacancy in the office of the Mayor,
or in the event the Mayor is absent or unable to fulfill the duties
and obligations of the office, the President of the Council shall
exercise the powers and duties of the office until the vacancy shall
be filled, such disability is removed, or in the case of temporary
absence, until the Mayor returns. In the event that there is simultaneously
a vacancy in the office of the Mayor and President of the Council,
or in the event the Mayor and the President of the Council are both
absent or unable to fulfill the duties and obligations of their office,
the next most senior member of the City Council who is present and
able to perform the powers and duties of the office of the Mayor shall
exercise the powers and duties of the office until the vacancy shall
be filled, such disability is removed, or in the case of temporary
absence, until the Mayor or President of the Council returns. Seniority
of Council members shall be determined from the date of their election
or appointment to their current tenure of service on the Council.
If two Council members date their service from the same date, the
Council member from the lower numbered ward will have priority over
the Council member from a higher numbered ward, Ward One being the
lowest numbered ward.
The City Council shall elect one of its own body each year who
shall be styled the President of the Council, and who shall preside
at all meetings of the City Council in the absence of the Mayor. In
the absence of the Mayor, and the President of the Council, the City
Council shall elect one of its own body to occupy his place temporarily
who shall be styled Acting President of the Council. Both the President
of the Council and the Acting President of the Council, when occupying
the position of the Mayor, shall have the same privileges as the other
members of the City Council, and all acts of the President of the
Council, or Acting President of the Council, while so acting, shall
be as binding upon the City Council, and upon the Municipality as
if done by the elected Mayor. (Ref. 16-315, 16-402 RS Neb.)
[Amended by Ord. No. 858, 12-19-1989]
The members of the City Council shall be elected and serve for
a four-year term. At least one Council member from each ward shall
be elected at each election, so that terms are staggered. The City
Council shall be the legislative division of the Municipal Government,
and shall perform such duties, and have such powers as may be authorized
by law. The City Council shall maintain the peace, safety, assess
such taxes and fees as are necessary, and appropriate funds in the
exercise of these functions. (Ref. 16-302.01 RS Neb.)
City Council-members of this Municipality shall take office,
and commence their duties on the first (1st) regular meeting date
in December following their election. The newly elected Council members
who have qualified as prescribed by law together with the members
of the City Council holding over, shall assemble in a regular meeting
at the hour and place hereinafter prescribed and perfect the reorganization
of the City Council as herein provided, and all appointive offices
in which the terms of incumbents are expired shall be filled by appointment.
After the said meeting has been called to order, the Municipal Clerk
shall report to the City Council the names of all City Council-members-elect
who have qualified for their respective offices, and this report shall
be spread upon the minutes of the meeting preceding the roll call.
Each ward of the Municipality shall be represented by one Council
member. No person shall be eligible who is not at the time of his
election an actual resident of the ward for which he is qualified
and should any City Council member move from the ward from which he
was elected, his office shall thereby become vacant. (Ref. 16-302.01,
16-307, 32-4, 152 RS Neb.)
[Amended by Ord. 882, 7-9-1991]
Vacancies in City elected offices shall be filled by the Mayor
and Council for the balance of the unexpired term except as provided
in this section. Notice of a vacancy, except a vacancy resulting from
the death of the incumbent, shall be in writing and presented to the
Council at a regular or special meeting and shall appear as a part
of the minutes of such meeting.
The City Council shall at once give public notice of the vacancy
by causing to be published in a newspaper of general circulation within
the City or by posting in three public places in the City the office
vacated and the length of the unexpired term.
The Mayor shall within four weeks after the regular meeting
at which such notice has been presented, or upon the death of the
incumbent, call a special meeting of the City Council at which time
the Mayor shall submit the name of a qualified elector to fill the
vacancy for the balance of the unexpired term.
No officer who is removed at a recall election or resigns after
the initiation of the recall process shall be appointed to fill the
vacancy resulting from his or her removal or the removal of any other
member of the City Council during the remainder of his or her term
of office.
Upon a majority vote of approval by the City Council the vacancy
shall be filled. If a majority vote is not reached the nomination
shall be rejected and the Mayor shall at the next regular meeting
submit the name of another qualified elector. If the vote on the nominee
fails to carry by majority vote, the Mayor shall continue at such
meeting to submit the names of qualified electors and the City Council
shall continue to vote upon such nominations until the vacancy is
filled.
The Mayor shall cast his or her vote only in case of a tie vote
of the City Council.
All City Council members shall cast a ballot for or against
each nominee.
The Mayor and Council may, in lieu of filling a vacancy in a
City office as provided above in this section, call a special Municipal
Election to fill such vacancy.
If there are vacancies in the offices of a majority of the members
of the City Council, there shall be a special Municipal Election conducted
by the Secretary of State to fill such vacancies.
Vacancies on the City Council shall be filled by appointment
by the Mayor with the consent of the City Council to hold office until
a successor is elected at the next regular election held more than
60 days from the date of vacancy. At such election a successor shall
be elected to hold office for the remainder of the term. (Ref. 16-307,
32-4, 152, 32-1406 RS Neb.)
[Added by Ord. 883, 7-9-1991]
Elected Officials shall be residents and registered voters of the City. No person shall be precluded from being elected or appointed to or holding an elective office for the reason that he or she has been elected or appointed to or holds another elective office, unless that person is presently serving as a member of the Legislature or in an elective office described in Article IV, Section 1, of the Constitution of Nebraska. A Legislator or an Article IV elected office holder may simultaneously serve in another elective office which is filled at an election held in conjunction with the annual meeting of a public body. Whenever an incumbent of the Legislature or an Article IV elected office assumes another elective office, except an elective office filled at an election held in conjunction with the annual meeting of a public body, the office first held by the incumbent shall be deemed vacant.
Members of the Council shall hold no other employment with the
City. Any Council member who ceases to possess any of the qualifications
required by this section or who has been convicted of a crime while
in office shall forthwith forfeit such office. The Council shall be
the Judge of the Election and qualifications of its members, subject
to review by the Courts. (Ref. 16-305, 16-311, 19-613, 32-563, 32-1037,
70-624.04 RS Neb.)
