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Springfield, NE Code of Ordinances
MUNICIPAL CODE OF THE CITY OF SPRINGFIELD, NEBRASKA
CITY OFFICERS of SPRINGFIELD, NEBRASKA 2023
ADOPTING ORDINANCE
CHAPTER 1: ADMINISTRATIVE
CHAPTER 2: COMMISSIONS AND BOARDS
CHAPTER 3: DEPARTMENTS
CHAPTER 4: HEALTH AND SANITATION
CHAPTER 5: TRAFFIC
CHAPTER 6: POLICE REGULATIONS
CHAPTER 7: FIRE REGULATIONS
CHAPTER 8: PUBLIC WAYS AND PROPERTY
CHAPTER 9: BUILDING REGULATIONS
CHAPTER 10: BUSINESS REGULATIONS
CHAPTER 11: MUNICIPAL PLANNING
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§ 1-1003   GENERAL PROVISIONS; REFERENCES TO DEPARTMENT OF ROADS.
   For purposes of the Springfield Municipal Code, all references to the Department of Roads shall be updated to Department of Transportation. (Ord. No. 984, 8/7/18)
Article 11. Initiative and Referendum
Section
   1-1101    Initiative and Referendum; Definitions
   1-1102   Initiative and Referendum; Petitions, Ballots
   1-1103   Initiative and Referendum; Petition Form
   1-1103.01   Initiative and Referendum; Declaratory Judgment
   1-1104   Initiative and Referendum; Signature Sheets
   1-1105   Initiative and Referendum; Petitions, Affidavit
   1-1106   Initiative and Referendum; Petitions; Notification; Verification
   1-1107   Initiative and Referendum; Frequency of Occurrence
   1-1108   Initiative and Referendum; Direct Vote
   1-1109   Initiative and Referendum; Elections
   1-1110   Initiative and Referendum; Ballots
   1-1111   Initiative and Referendum; Initiative
   1-1112   Initiative and Referendum; Referendum Limitations
   1-1113   Initiative and Referendum; Referendum, Passage
   1-1114   Initiative and Referendum; Violations, Penalties
   1-1115   Initiative and Referendum; Applicability
§ 1-1101 INITIATIVE AND REFERENDUM; DEFINITIONS.
   The powers of initiative and referendum are reserved to the qualified electors of the Municipality by State law. This Article shall govern the use of initiative to enact, and the use of referendum to amend or repeal measures affecting the governance of the Municipality. For purposes of this Article, the definitions set out in this section, unless the context otherwise requires, shall apply.
CIRCULATOR shall mean any person who solicits signatures for an initiative or referendum petition.
CLERK shall mean the Municipal Clerk or the Municipal Official in charge of elections.
GOVERNING BODY shall mean the legislative authority of the Municipality.
MEASURE shall mean an ordinance, charter provision, or resolution which is within the legislative authority of the Governing Body to pass, and which is not excluded from the operation of referendum by the exceptions in section 1-1012.
MUNICIPALITY shall mean the City of Springfield, Nebraska.
PETITION shall mean a document authorized for circulation pursuant to section 1-1102, or any copy of such document.
PLACE OF RESIDENCE shall mean the street and number of the residence. If there is no street and number for the residence, place of residence shall mean the mailing address.
PROSPECTIVE PETITION shall mean a sample document containing the information necessary for a completed petition, including a sample signature sheet, which has not yet been authorized for circulation.
QUALIFIED ELECTORS shall mean all persons registered to vote, at the time the prospective petition is filed, in the jurisdiction governed or to be governed by any measure sought to be enacted by initiative, or altered or repealed by referendum.
RESIDENCE shall mean that place at which a person has established his or her home, where he or she is habitually present, and to which, when he or she departs, he or she intends to return.
SIGNATURE SHEET shall mean a sheet of paper which is part of a petition and which is signed by persons wishing to support the petition effort.
(Ref. 18-2501 through 18-2511 RS Neb.)
§ 1-1102 INITIATIVE AND REFERENDUM; PETITIONS, BALLOTS.
   Before circulating an initiative or referendum petition, the petitioner shall file with the Clerk a prospective petition. The Clerk shall date the prospective petition immediately upon its receipt. The Clerk shall verify that the prospective petition is in proper form and shall provide a ballot title for the initiative or referendum proposal, as described below. If the prospective petition is in proper form, the Clerk shall authorize the circulation of the petition and such authorization shall be given within three (3) working days from the date the prospective petition was filed. If the form of the prospective petition is incorrect, the Clerk shall, within three (3) working days from the date the prospective petition was filed, inform the petitioner of necessary changes and request that those changes be made. When the requested changes have been made and the revised prospective petition has been submitted to the Clerk in proper form, the Clerk shall authorize the circulation of the petition and such authorization shall be given within two (2) working days from the receipt of the properly revised petition. Verification by the Clerk that the prospective petition is in proper form does not constitute an admission by the Clerk, Governing Body, or Municipality that the measure is subject to referendum or limited referendum or that the measure may be enacted by initiative.
   The ballot title of any measure to be initiated or referred shall consist of:
   A.   A briefly-worded caption by which the measure is commonly known or which accurately summarizes the measure;
   B.   A briefly-worded question which plainly states the purpose of the measure, and is phrased so that an affirmative response to the question corresponds to an affirmative vote on the measure; and
   C.   A concise and impartial statement, of not more than seventy-five (75) words, of the chief purpose of the measure.
   The ballots used when voting on an initiative or referendum proposal shall contain the entire ballot title. Proposals for initiative and referendum shall be submitted on separate ballots and the ballots shall be printed in lower case ten point type, except that the caption shall be in bold face type. All initiative and referendum measures shall be submitted in a nonpartisan manner without indicating or suggesting on the ballot that they have or have not been approved or endorsed by any political party or organization. (Ref. 18-2512, 18-2513 RS Neb.)
§ 1-1103 INITIATIVE AND REFERENDUM; PETITION FORM.
     (A)   The forms designed by the Secretary of State to be used for initiative and referendum petitions shall be made available to the public by the City Clerk, and they shall serve as a guide for individuals preparing prospective petitions. Substantial compliance with initiative and referendum forms is required before authorization to circulate such petition shall be granted by the City Clerk. Chief petitioners or circulators preparing prospective petitions shall be responsible for making copies of the petition for circulation after authorization for circulation has been granted. (Ref. 18-2514 RS Neb.)
   (B)   Each petition presented for signature must be identical to the petition authorized for circulation by the City Clerk. Every petition shall contain the name and place of residence of not more than three (3) persons as chief petitioners or sponsors of the measure. The chief petitioners or sponsors shall be qualified electors of the municipality potentially affected by the initiative or referendum proposal. Every petition shall contain the caption and the statement specified to be part of the ballot title. When a special election is being requested, such fact shall be stated on every petition. (Ref. 18-2515 RS Neb.) (Amended by Ord. No. 635, 1/6/04)
§ 1-1103.01 INITIATIVE AND REFERENDUM; DECLARATORY JUDGMENT.
   (A)   The City or any chief petitioner may seek a declaratory judgment regarding any questions arising under this Article, as it may be from time to time amended, including, but not limited to, determining whether a measure is subject to referendum or limited referendum or whether a measure may be enacted by initiative. If a chief petitioner seeks a declaratory judgment, the City shall be served by personal, residence, or certified mail service upon the chief executive officer or City Clerk. If the City seeks a declaratory judgment, only the chief petitioner or chief petitioners shall be required to be served.
   (B)   Any action brought for declaratory judgment for purposes of determining whether a measure is subject to limited referendum or referendum, or whether a measure may be enacted by initiative, may be filed in the district court at any time after the filing of a referendum or initiative petition with the City Clerk for signature verification until forty (40) days from the date the City Council received notification from the verifying official that the necessary signatures have been obtained. If the city does not bring an action for declaratory judgment to determine whether the measure is subject to limited referendum or referendum, or whether the measure may be enacted by initiative, until after it has received such notification, it shall be required to proceed with the initiative or referendum election in accordance with the provisions of this Article. If the City does file such an action prior to receiving such notification, it shall not be required to proceed to hold such election until a final decision has been rendered in the action.
   (C)   Any action for a declaratory judgment shall be governed generally by sections 25-21,149 through 25- 21,164 RS Neb., except that only the City and each chief petitioner shall be required to be made parties. The City, City Clerk, City Council, or any of the City's officers shall be entitled to rely on any order rendered by the court in any such proceeding. Any action brought for declaratory judgment pursuant to this section shall be given priority in scheduling hearings and in disposition as determined by the court. When an action is brought to determine whether the measure is subject to limited referendum or referendum, or whether a measure may be enacted by initiative, a decision shall be rendered by the court no later than five (5) days prior to the election.
   (D)   The provisions of this section relating to declaratory judgments shall not be construed as limiting, but construed as supplemental and additional to other rights and remedies conferred by law. (Ref.18-2538 RS Neb.) (Ord. No. 635, 1/6/04)
§ 1-1104 INITIATIVE AND REFERENDUM; SIGNATURE SHEETS. 
   Every signature sheet shall:
   A.   Contain the caption required in subsection A of section 1-1102 of this Article;
   B.   Be part of a complete and authorized petition when presented to potential signatories;
   C.    Provide space for signatories to write their names, places of residence, and the date of signing; and
   D.   Contain a statement that anyone falsifying information on a signature sheet shall be subject to penalties provided by law.
   No more than twenty-five (25) signatures on each signature sheet shall be counted. In order to be valid, a signature shall be that of an individual registered to vote, at the time of signing, in the jurisdiction governed or to be governed by the measure addressed in the petition. A signature shall include the signatory's full name, his or her place of residence, and the date of signing. No signatory shall use ditto marks as a means of affixing his or her place of residence or date on any petition. A wife shall not use her husband's Christian or given name when she signs a petition and she shall sign her own Christian or given name along with her surname. (Ref. 18-2516 RS Neb.)
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