(A)   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; provided, the penalty amount on any bond shall not fall below the legal minimum when one has been set by the state 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 or her official term of office shall be accepted as surety on any other official’s bond, contractor’s bond or appeal bond under any circumstances. Only companies that are legally authorized to transact business in the state 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 person 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 body and all sureties are endorsed in writing on the said instrument by the Chairperson of the governing body and Municipal Clerk pursuant to the said 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 or her official record 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 of 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 said 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 said office. Any official who is re-elected to office shall be required to file a new bond after each election.
(Prior Code, § 1-301)
   (B)   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 will bear true faith and allegiance to the same; that I will 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 am 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.”
(Prior Code, § 1-302)
Statutory reference:
   Related provisions, see Neb. RS 11-101, 11-103 through 11-118, 17-604