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§ 36.28 ELECTIONS.
   (A)   The Clerk shall call elections under this subchapter, either at a special election or regularly scheduled primary or general election. He or she shall cause notice of every such election to be printed in one or more newspapers of general circulation in such municipality at least once not less than 30 days prior to such election and also posted in the office of the Clerk and in at least three conspicuous places in such municipality at least 30 days prior to such election. The notice shall be substantially as follows.
 
   Notice is hereby given that on Tuesday, the              day of                  , 20           , at (identify polling place or precinct) of the Municipality of                 , Nebraska, an election will be held at which there will be submitted to the electors of the Municipality for their approval or rejection, the following measures, propositions or issues:                                                                                                                                                                                                                       (naming measures, propositions or issues), which election will be open at 8:00 a.m. and will continue open until 8:00 p.m., of the same day.
   Dated this              day of                    , 20          .
 
                                                         
         Clerk of the City/Village of
                                        , Nebraska
 
   (B)   The Clerk shall make available for photocopying a copy in pamphlet form of measures initiated or referred. Such notice provided in this section shall designate where such a copy in pamphlet form may be obtained.
(Prior Code, § 1-1009)
Statutory reference:
   Similar provisions, see Neb. RS 18-2521
§ 36.29 BALLOTS.
   All ballots for use in special elections under this subchapter shall be prepared by the Clerk and furnished by the governing body, unless the governing body contracts with the county for such service and shall be in form the same as provided by law for election of the Executive Officer and governing body of such municipality. When ordinances under such sections are submitted to the electors at a regularly scheduled primary or general election they shall be placed upon the official ballots as provided in this subchapter.
(Neb. RS 18-2522) (Prior Code, § 1-1010)
§ 36.30 INITIATIVE.
   (A)   The power of initiative allows citizens the right to enact measures affecting the governance of the municipality. An initiative proposal shall not have as its primary or sole purpose the repeal or modification of existing law except if such repeal or modification is ancillary to and necessary for the adoption and effective operation of the initiative measure.
   (B)   An initiative shall not be effective if the direct or indirect effect of the passage of such initiative measure shall be to repeal or alter an existing law, or portion thereof, which is not subject to referendum or subject only to limited referendum pursuant to § 36.31.
   (C)   Whenever an initiative petition bearing signatures equal in number to at least 15% of the qualified electors of the municipality has been filed with the Clerk and verified, it shall be the duty of the governing body to consider passage of the measure contained in the petition including an override of any veto if necessary. If the governing body fails to pass the measure without amendment, including an override of any veto, if necessary, within 30 days from the date it received notification, the Clerk shall cause the measure to be submitted to a vote of the people at the next regularly scheduled primary or general election held within the municipality. If the governing body desires to submit the measure to a vote of the people at a special election prior to the next regularly scheduled primary or general election held within the municipality, the governing body shall by resolution direct the Clerk to cause the measure to be submitted at a special election. Such resolution shall not be subject to referendum or limited referendum.
   (D)   Whenever an initiative petition bearing signatures equal in number to at least 20% of the qualified electors, which requests that a special election be called to submit the initiative measure to a vote of the people, has been filed with the Clerk and verified pursuant to § 36.25, it shall be the duty of the governing body to consider passage of the measure contained in the petition including an override of any veto, if necessary. If the governing body fails to pass the measure, without amendment, including an override of any veto, if necessary, within 30 days from the date it received notification, the Clerk shall cause the measure to be submitted to a vote of the people at a special election called for such purpose. Subject to the provisions of Neb. RS 18-2521, the date of such election shall be set during the first available month that complies with Neb. RS 32-405 and 32-559.
   (E)   If a majority of voters voting on the initiative measure shall vote in favor of such measure, it shall become a valid and binding measure of the municipality 30 days after certification of the election results, unless the governing body by resolution orders an earlier effective date or the measure itself provides for a later effective date, which resolution shall not be subject to referendum or limited referendum. A measure passed by such method shall not be amended or repealed except by two-thirds’ majority of the members of the governing body. No such attempt to amend or repeal shall be made within one year from the passage of the measure by the electors.
(Prior Code, § 1-1011)
Statutory reference:
   Similar provisions, see Neb. RS 18-2523 through 18-2526
§ 36.31 REFERENDUM LIMITATIONS.
   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;
      (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 Clerk to cause measures to be submitted to a vote of the people at a special elections as provided in §§ 36.30(C) and 36.32(A);
      (7)   Resolutions ordering an earlier effective date for measures enacted by initiative as provided in § 36.30(E); and
      (8)   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 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 § 36.25 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)(1)(c) below. If the necessary number of signatures as provided in § 36.32 has been obtained within the time limitation, the effectiveness of the measure shall be suspended unless approved by the voters.
   (D)   (1)   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, the 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:
         (a)   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;
         (b)   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
         (c)   After passage of such measure, including an override of a veto, if necessary, by giving notice 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)(1)(c) 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.
      (2)   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, § 1-1012) (Ord. 626, passed 8-3-1993)
Statutory reference:
   Similar provisions, see Neb. RS 18-2527 and 18-2528
§ 36.32 REFERENDUM, PASSAGE.
   (A)   Whenever a referendum petition bearing signatures equal in number to at least 15% of the qualified electors of the municipality has been filed with the Clerk and verified pursuant to § 36.25, it shall be the duty of the governing body to reconsider the measure or portion of such measure which is the object of the referendum. If the governing body fails to repeal or amend the measure or portion thereof in the manner proposed by the referendum, including an override of any veto, if necessary, within 30 days from the date the governing body receives notification pursuant to § 36.25, the Clerk shall cause the measure to be submitted to a vote of the people at the next regularly scheduled primary or general election held within the municipality. If the governing body desires to submit the measure to a vote of the people at a special election prior to the next regularly scheduled primary or general election held within the municipality, the governing body shall by resolution direct the Clerk to cause the measure to be submitted at a special election. Such resolution shall not be subject to referendum or limited referendum.
   (B)   (1)   Whenever a referendum petition bearing signatures equal in number to at least 20% of the qualified voters of the municipality, which requests that a special election be called to submit the referendum measure to a vote of the people, has been filed with the Clerk and verified, it shall be the duty of the governing body to reconsider the measure or portion of such measure which is the object of the referendum.
      (2)   If the governing body fails to repeal or amend the measure or portion thereof, in the manner proposed by the referendum, including an override of any veto, if necessary, the Clerk shall cause the measure to be submitted to a vote of the people at a special election called for such purpose within 30 days from the date the governing body received notification. The date of such special election shall not be less than 30 nor more than 60 days from the date the governing body received notification.
   (C)   If a majority of the electors voting on the referendum measure shall vote in favor of such measure, the law subject to the referendum shall be repealed or amended. A measure repealed or amended by referendum shall not be reenacted or returned to its original form except by a two-thirds’ majority of the members of the governing body. No such attempt to reenact or return the measure to its original form shall be made within one year of the repeal or amendment of the measure by the electors. If the referendum measure does not receive a majority vote, the ordinance shall immediately become effective or remain in effect.
(Prior Code, § 1-1013)
Statutory reference:
   Similar provisions, see Neb. RS 18-2529 through 18-2531
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