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§ 31.01 MAYOR; SELECTION AND DUTIES.
   The Mayor of the city shall have the general and immediate control over all property and officials, whether elected or appointed, of the city. He or she shall preside at all meetings of the City Council, and shall have the right to vote only when his or her vote shall be decisive on any pending matter. His or her signature must appear on the City Clerk/Treasurer's minutes of all meetings, and he or she must sign all resolutions which have been passed, and warrants for the payment of money when ordered by the City Council; provided, any ordinance vetoed by the Mayor may be passed over his or her veto by a two-thirds vote by the members of the City Council, but if the Mayor refuses to sign any ordinance, and returns it to the Council with his or her objections, the unsigned ordinance would then become law without his or her signature at the time of the next meeting of the Council. He or she shall from time to time communicate to the Council any information and recommendations as, in his or her opinion, may improve the city. He or she may require at reasonable intervals any city official to exhibit his or her accounts and make reports to the Council on any subject pertaining to his or her office. He or she shall have the power to remit fines or pardon any offense arising under the ordinances of the city. He or she shall have the authority to call on every male inhabitant of the city over 18 years of age and under the age of 50 years to aid in enforcing the laws. He or she may remove at any time an appointed police officer of the city. His or her territorial authority shall extend over all places within five miles of the corporate limits of the city for the enforcement of any health ordinance, and one-half mile in all matters vested in him or her except taxation. He or she shall also have any other duties as the City Council may by resolution confer upon him or her, or in any other matters which the laws of the state repose in him or her. He or she shall be elected at the city election, and shall serve a four-year term of office. Any candidate for Mayor must have resided within the city for 40 days prior to filing for the office and must, in addition, be a qualified taxpayer.
(Neb. RS 17-110 through 17-117 ) (1973 Code, § 1-101)
§ 31.02 CITY COUNCIL; ACTING PRESIDENT.
   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 or her 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 city as if done by the elected Mayor.
(Neb. RS 17-148) (1973 Code, § 1-102)
§ 31.03 CITY COUNCIL; SELECTION AND DUTIES.
   The members of the City Council shall be elected and serve for a four-year term. The City Council shall be the legislative division of the city government, and shall perform the duties, and have the powers as may be authorized by law. The City Council shall maintain the peace, regulate business, protect the public health and safety, and assess the taxes and fees as are necessary and appropriate in the exercise of these functions.
(Neb. RS 17-103 and 17-104) (1973 Code, § 1-103)
§ 31.04 CITY COUNCIL; ORGANIZATION.
   City Council Members of this city shall take office and commence their duties on the first regular meeting 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 meeting has been called to order, the City Clerk/Treasurer 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.
(Neb. RS 17-104 and 19-613) (1973 Code, § 1-104) (Ord. 454, passed 12-1-1977; Ord. 792, passed 8-6-2009)
§ 31.05 VACANCY.
   (A)   Whenever a vacancy occurs in an elected office of the city, except Mayor, notice of the vacancy shall be presented in writing to the City Council at a regular meeting and the notice shall appear as a part of the minutes of the meeting.
   (B)   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.
   (C)   The Mayor shall within two weeks after the regular meeting at which the 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. Upon a majority vote of approval by the City Council, the vacancy shall be filled.
   (D)   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 the meeting to submit the names of qualified electors and the City Council shall continue to vote upon the nominations until the vacancy is filled.
   (E)   The Mayor shall cast his or her vote only in case of a tie vote of the City Council.
   (F)   All City Council Members shall cast a ballot for or against each nominee.
(1973 Code, § 1-105) (Ord. 421, passed 3-4-1976)
§ 31.06 MAYOR VACANCY.
   (A)   Whenever a vacancy occurs in the Office of Mayor, or in case of his or her disability or absence, the President of the Council shall exercise the Office of Mayor until the vacancy is filled or the disability is removed, or in case of temporary absence, until the Mayor returns.
   (B)   When the successful candidate for Mayor shall be prevented from assuming office, the incumbent Mayor shall not be entitled to hold over the term, but the office shall automatically become vacant and the President of the Council shall exercise the office of Mayor until the vacancy is filled.
   (C)   If the President of the Council shall for any cause assume the office of Mayor for the remainder of the unexpired term, there shall be a vacancy on the Council which shall be filled as provided in § 31.05.
(Neb. RS 17-107) (1973 Code, § 1-106) (Ord. 421, passed 3-4-1976)
§ 31.07 MAYOR; ELECTION; QUALIFICATIONS; TERM.
   (A)   The Mayor shall be elected as provided in the Election Act. The Mayor shall take office on the date of the first regular meeting of the City Council held in December following the statewide general election. The Mayor shall be a resident and registered voter of the city.
(Neb. RS 17-107)
   (B)   The Mayor shall serve for a term of four years or until his or her successor is elected and qualified.
(Neb. RS 32-533)
(Ord. 848, passed 4-5-2012)
APPOINTED OFFICIALS
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