The power of referendum allows citizens the right to repeal or amend existing measures or portions thereof affecting the governance of the municipality.
(A) 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 evidences 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 the effective date of this subchapter;
(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 state’s Budget Act, being Neb. RS 13-501 to 13-513;
(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 its executive officer;
(5) Measures relating to projects for which notice has been given as provided for in division (D) below 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 division (D) below and in § 34.37 of this chapter; and resolutions ordering an earlier effective date for measures enacted by initiative as provided herein; and
(7) Measures relating to any facility or system adopted or enacted pursuant to the Integrated Solid Waste Management Act 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.
(B) 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 executive officer; 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.
(C) 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 § 34.30 of this chapter within 30 days after such measure’s passage by the governing body, including an override of any veto if necessary or after notice is first published pursuant to division (D)(3) below. If the necessary number of signatures as provided in § 34.35 of this chapter has been obtained within the time limitation, the effectiveness of the measure shall be suspended unless approved by the voters.
(D) 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, being Neb. RS 13-2001 to 13-2043, a municipality may exempt all subsequent measures relating to the same project from the referendum and limited referendum procedures provided for in this subchapter by the following procedure:
(1) 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;
(2) 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 hearings; and
(3) After passage of such measure, including an override of a veto if necessary by giving notice as follows:
(a) 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 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 30-day period, the project and measures related to it will not be subject to any further right of referendum; and
(b) 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 30-day period, the project and measures related to it will not be subject to any further right of referendum. The notice required by this division (D)(3)(b) 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.
(4) The right 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 division (D) is optional and the municipality shall not be required to hold such a hearing or give such notice for any particular project.
(E) All measures, except as provided in divisions (A), (B) and (D) above, 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.
(Prior Code, § 1-1112)
Statutory reference:
Related provisions, see Neb. RS 18-2527, 18-2528