The power of referendum allows citizens the right to repeal or amend existing measures, or portions thereof, affecting the governance of the city.
(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 July 17, 1982;
(2) Measures relating to any industrial development projects, subsequent to measures giving initial approval to the projects;
(3) Measures adopting proposed budget statements following compliance with procedures set forth in the Nebraska Budget Act;
(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 Chief Executive Officer;
(5) Measures relating to projects for which notice has been given as provided for in division (D) of this section for which a sufficient referendum petition was not filed within the time limit stated in the notice or which received voter approval after the filing of the petition;
(6) Resolutions directing the Clerk to cause measures to be submitted to a vote of the people at a special election as provided in Neb. RS 18-2524 and 18-2529;
(7) Resolutions ordering an earlier effective date for measures enacted by initiative as provided in Neb. RS 18-2526; and
(8) Measures relating to any facility or system adopted or enacted pursuant to the Integrated Solid Waste Management Act by municipalities 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 city 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 the measures shall not be subject to referendum or limited referendum for a period of 1 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; 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 city employees other than the members of the governing body and the Chief Executive Officer.
(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 Neb. RS 18-2518 within 30 days after the 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) of this section. If the necessary number of signatures as provided in Neb. RS 18-2529 or 18-2530 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, a city may exempt all subsequent measures relating to the same project from the referendum and limited referendum procedures provided for in Neb. RS 18-2501 to 18-2537 or by the following procedure:
(1) By holding a public hearing on the project, the time and place of the hearing being published at least once not less than 5 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 hearing; 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 the project by including either as part of the ordinance or resolution or as part of any publicized notice concerning the 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 the notice and that, after the 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 the projects stating in general terms the nature of the project and the engineer’s estimate of costs of the 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 the notice and that, after the 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 shall be published in at least 1 newspaper of general circulation within the city 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.
(c) The right to hold such a hearing prior to the passage of the measure by the governing body and give the notice after passage of the measure by the governing body to obtain exemption for any particular project in a manner described in this division is optional, and the city shall not be required to hold such a hearing or give the notice for any particular project.
(E) All measures, except as provided in divisions (A), (B) and (D) of this section, 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, § 18-43)
Statutory reference:
Similar provisions, see Neb. RS 18-2527, 18-2528