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 Budget Act, being Neb. RS 13-501 et seq.;
(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; and
(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 prescribed in division (C) below or which received voter approval after the filing of such petition.
(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;
(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; and
(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.
(C) Measures subject to limited referendum shall ordinarily take effect 30 days after their enactment. Referendum petitions directed at measures subject to limited referendum shall be filed for signature verification within 30 days after such measure’s adoption or after notice is first published pursuant to division (D) below. If the necessary number of signatures 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, a municipality may, by giving notice in the manner prescribed in this division (D), exempt all subsequent measures relating to the same project from the referendum and limited referendum procedures provided for in this subchapter. Notice for purposes of establishing such exemption shall be given as follows.
(1) 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 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.
(2) 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)(2) shall be published in at least one newspaper of general circulation within the municipality and shall be published not later than ten days after adoption of a measure approving the project. The right to give notice and obtain exemption for any particular project in a manner described in this division (D)(2) is optional, and the municipality shall not be required to 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 adopted.
(Prior Code, § 1-1012)
Statutory reference:
Similar provisions, see Neb. RS 18-2527 and 18-2528