Chapter 30 ELECTIONS*

The city shall hold its city election on that date provided by the laws of the state. Such election shall be held in accordance with the provisions of R.R.S. 1943, � 32-101 et seq.

(Code 1974, � 1-901)

Sec. 30-2.� Special election notice. (return to ch. 30)

Except as otherwise provided by law, no less than five days nor more than ten days prior to any special city election, the city clerk shall prepare and cause to be published once in a newspaper that is in or of general circulation in the city; but if no newspaper is published in or is of general circulation in the city, then by posting in each of three public places in the city a notice containing the proclamation concerning the special election. The notice shall be in the form prescribed by state law.

(Code 1974, � 1-903)

State law references: Similar provisions, R.R.S. 1943, � 19-3006.

Sec. 30-3.� Petition candidates; procedure. (return to ch. 30)

(a)�� Any registered voter who was not a candidate in the primary election may have his name placed on the general election ballot for a partisan office by filing petitions as prescribed in this section and R.R.S. 1943, � 32-621 or by nomination by political party convention or committee.

(b)�� Any candidate who was defeated in the primary election and any registered voter who was not a candidate in the primary election may have his name placed on the general election ballot if a vacancy exists on the ballot under R.R.S. 1943, � 32-626 and the candidate files for the office by petition as prescribed in this section.

(c)�� The number of signatures of registered voters needed to place the name of a candidate upon the nonpartisan ballot for the general election shall be at least ten percent of the total number of registered voters voting for Governor or President of the United States at the immediately preceding general election in the city.

(d)�� The number of signatures of registered voters needed to place the name of a candidate upon the partisan ballot for the general election shall be at least 20 percent of the total vote for Governor or President of the United States at the immediately preceding general election within the city, not to exceed 2,000.

(e)�� Petitions for nomination shall conform to the requirements of R.R.S. 1943, � 32-628. Petitions shall state the office to be filled and the name and address of the candidate. Petitions for partisan office shall also indicate the party affiliation of the candidate. Petitions shall be signed by registered voters residing in the city and shall be filed with the filing officer in the same manner as provided for candidate filing forms in R.R.S. 1943, � 32-607. Petition signers and circulators shall conform to the requirements of R.R.S. 1943, �� 32-629 and 32-630. No petition for nomination shall be filed unless there is attached thereto a receipt showing payment of the required filing fee. The petitions shall be filed by September 1 in the year of the general election.

(Code 1974, � 1-904)

State law references: Similar provisions, R.R.S. 1943, �� 32-616--32-618.

Sec. 30-4.� Nomination of councilmembers. (return to ch. 30)

Any elector of the city shall be considered nominated for the office of councilmember if a petition, containing not less than 50 nor more than 100 qualified electors of the city, or a statement of candidacy is filed in his behalf with the city clerk at least 60 days prior to the statewide primary election.

(Code 1974, � 1-905)

State law references: Similar provisions, R.R.S. 1943, � 19-3007.01.

Sec. 30-5.� Definition; voter qualifications. (return to ch. 30)

Elector means every person of the constitutionally prescribed age or upwards, who shall have the right to vote for all officers to be elected to public office, and upon all questions and proposals, lawfully submitted to the voters at any and all elections authorized or provided for by the constitution or the laws of the state. No person shall be qualified to vote at any election unless such person shall be a resident of the state and shall have been properly registered with the election official of the county.

(Code 1974, � 1-906)

Cross references: Definitions generally, � 1-2.

State law references: "Elector" defined, R.R.S. 1943, � 32-110.

Sec. 30-6.� Wards. (return to ch. 30)

(a)�� Election Wards. The city shall be and is hereby divided into four wards as follows:

(1) First Ward shall consist of all territory in said city East and South of a line commencing at the South boundary of the City of Wayne on Main Street, thence North on Main Street to 10th Street, thence East on 10th Street to Walnut Street, thence South on Walnut Street to 9th Street, thence East on 9th Street to Walnut Drive, thence southerly on Walnut Drive to 7th Street, thence East on 7th Street to the city limits.

(2) Second Ward shall consist of all territory in said city North and East of a line commencing at the East boundary of the City of Wayne on 7th Street, thence West on 7th Street to Walnut Drive, thence northerly on Walnut Drive to 9th Street, thence West on 9th Street to Walnut Street, thence North on Walnut Street to 10th Street, thence West on 10th Street to Main Street, thence North on Main Street to Gulliver Drive extended to J.G.W. Lewis Drive, thence East on J.G.W. Lewis Drive to Schreiner Drive, thence North on Schreiner Drive to Lindahl Drive, thence West on Lindahl Drive to Main Street, thence North on Main Street to city limits.

(3) Third Ward shall consist of all territory in said city North and West of a line commencing at the North boundary of the City of Wayne on Main Street, thence South on Main Street to Lindahl Drive, thence East on Lindahl Drive to Schreiner Drive, thence South on Schreiner Drive to J.G.W. Lewis Drive, thence West on J.G.W. Lewis Drive to Gulliver Drive, thence South on Gulliver Drive to Main Street, thence South on Main Street to 8th Street, thence West on 8th Street to Sherman Street, thence South on Sherman Street to 7th Street, thence West on 7th Street to city limits.

(4) Fourth Ward shall consist of all territory in said City South and West of a line commencing at the South boundary of the City of Wayne on Main Street, thence North on Main Street to 8th Street, thence West on 8th Street to Sherman Street, thence South on Sherman Street to 7th Street, thence West on 7th Street to the city limits.

(Code 1974, � 1-907; Ord. No. 2001-18, � 1, 11-13-2001)

State law references: City to be divided into wards, R.R.S. 1943, � 16-104; "ward" defined, R.R.S. 1943, � 32-120.

Sec. 30-7.� Recall authorized. (return to ch. 30)

(a)�� Any or all of the members of the council and the mayor may be removed from office by the registered voters of the city. An affidavit shall be made by one or more registered voters and filed with the city clerk, stating the name and office of the officer sought to be removed. A petition demanding that the question of removing such officer be submitted to the registered voters shall be filed with the city clerk. Such petition for the recall of any or all such officers shall, if such officer was elected at large, be signed by registered voters equal in number to at least 35 percent of the total number of votes cast at the last preceding regular city election; or if such officer was elected from a ward, the petition shall be signed by registered voters of such ward equal in number to at least 35 percent of the total number of votes cast in such ward at the last preceding regular city election. The signatures to such petition need not be appended to any one paper. Such petition papers shall be issued, signed and filed as provided for by state statutes.

(b)�� No recall petition shall be filed against members of the council or the mayor within six months after he takes his office, nor within 12 months after a recall election has failed to remove him.

(Code 1974, � 1-909)

State law references: Similar provisions, R.R.S. 1943, 32-1309.

Sec. 30-8.� Elected members; removal from office. (return to ch. 30)

Elected members of the city may be removed from office by recall by the registered voters of the city.

(Code 1974, � 1-909.01)

State law references: Similar provisions, R.R.S. 1943, � 32-1302.

Sec. 30-9.� Elected officials; recall procedure. (return to ch. 30)

(a)�� A petition demanding removal of the elected officials of the city shall be procured from and filed with the filing clerk, who shall keep a sufficient number of such blank petition papers on file for distribution. An affidavit to procure such papers shall be made by one or more registered voters and filed with the filing clerk, stating the name and office of the officer sought to be removed. The filing clerk, upon issuing any petition, shall enter in a record, to be kept in the clerk's office, the name of the registered voter to whom issued, the date of such issuance, and the number of papers issued, and shall certify on the papers the name of the registered voter to whom the papers were issued and the date they were issued.

(b)�� Circulators of such petitions shall comply with all requirements of the statutes of the state. Such petition demanding that recall be submitted to the registered voters shall be signed by registered voters equal in number to at least 35 percent of the total votes cast at the last general city elections, except for an office where more than one candidate is chosen, in which case the petition shall be signed by registered voters equal in number to at least 35 percent of the number of votes cast for the person receiving the most votes for such office in the last general election. If officers are elected by ward, only registered voters of that officer's ward may sign a recall petition or vote at the recall election.

(c)�� All petitions shall be filed with the filing clerk for signature verification as one instrument, within 30 days of issuance of the original petition papers. Within ten days after the filing of the petition, the clerk shall ascertain whether or not the petition is signed by the requisite number of registered voters and shall attach to the petition a certificate showing whether any signatures need to be corrected in order to comply with the requirements of this section and state statutes. If the clerk finds incorrect signatures, the clerk shall notify the person filing the petition that a petition may be cured at any time within ten days after the giving of such notice by the filing of a supplementary petition, with the corrected signatures, on additional petition papers issued and filed as provided for the original petition. No new signatures may be added after the initial filing of the petition, and no signatures may be removed unless the filing clerk receives an affidavit signed by the person requesting his signature be removed. The filing clerk shall, within five days after any correction, examine the corrected petition and attach a certificate as in the case of the original petition. If the certificate shows the corrected petition to be insufficient or if no correction was made, the clerk shall file the petition in the clerk's office without prejudice to the filing of a new petition for the same purpose.

(d)�� If the petition or corrected petition is found to be sufficient, the clerk shall attach to the petition a certificate showing the result of such examination and shall notify the officer whose removal is sought. If the officer does not resign within five days after the notice, the clerk shall submit, within ten days after the five-day period has elapsed, the original petition and supplement, together with the clerk's certificate, to the council. Upon receipt of such petition and certificate, the council shall order an election to be held not less than 30 nor more than 45 days after the five-day period; except that if any other election is to be held in that district within 90 days of the five-day period, the council may provide for the holding of the removal election on the same day.

(e)�� No recall petition shall be filed against members of the council within 12 months after a recall election has failed to remove from office or within six months from the end of the term of office.

(Code 1974, � 1-909.02)

Sec. 30-10.� Joint, special. (return to ch. 30)

In lieu of submitting a matter or issue at a separate special city election, the city may submit such matter or issue at a statewide general or primary election or at a scheduled county election or may request the county to conduct a special election. Such matter or issue must be certified by the city clerk to the county clerk or election commissioner at least 50 days prior to the election. The city clerk shall be responsible for the publication or posting of any required special notice of the submission of such matter other than that required to be given of the statewide or county election issues.

(Code 1974, � 1-910)

Sec. 30-11.� Recall procedure; definitions. (return to ch. 30)

As used in sections 30-7 through 30-11, unless the context otherwise requires, the following terms are defined:

Filing clerk means the city clerk.

Signature includes the mark of a person unable to write his name when the mark is made near the name of the person unable to write his name.

Voter means an individual who is duly registered to vote and qualified by his place of residence as an elector in the general election for the office in question.

(Code 1974, � 1-910.01)

Cross references: Definitions generally, � 1-2.

Sec. 30-12.� Candidate qualifications. (return to ch. 30)

Any person seeking elective office in the city shall be a registered voter prior to holding such office and in addition shall have reached the age of majority. The mayor and members of the council shall be residents and qualified electors of the city. They shall not hold any other elective public office, except for officers of public power districts, public power and irrigation districts, and public utility companies.

(Code 1974, � 1-911)

Sec. 30-13.� Exit polls.

No person shall conduct any exit poll, public opinion poll, or any other interview with voters on election day seeking to determine voter preference within 20 feet of the entrance of any polling place room or, if inside the polling place building, within 100 feet of any voting booth.

(Code 1974, � 1-912)

Secs. 30-14--30-50.� Reserved. (return to ch. 30)

ARTICLE II.� INITIATIVE AND REFERENDUM (return to ch. 30)

Sec. 30-51.� Authorized. (return to ch. 30)

The powers of initiative and referendum are reserved to the qualified electors of the city 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 city.

(Code 1974, � 1-1301)

Sec. 30-52.� Definitions. (return to ch. 30)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Circulator means any person who solicits signatures for an initiative or referendum petition.

Clerk means the city clerk or the city official in charge of elections.

Measure means an ordinance, charter provision or resolution which is within the legislative authority of the council to pass, and which is not excluded from the operation of referendum by the exceptions in section 30-63.

Petition means a document authorized for circulation pursuant to section 30-53, or any copy of such document.

Place of residence means 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 means 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 means 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.

Signature sheet means a sheet of paper which is part of a petition and which is signed by persons wishing to support the petition effort.

(Code 1974, � 1-1301)

Cross references: Definitions generally, � 1-2.

State law references: Similar provisions, R.R.S. 1943, �� 18-2501--18-2511.

Sec. 30-53.� Petitions; ballots. (return to ch. 30)

(a)�� 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. 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 working days from the date the prospective petition was filed. If the form of the prospective petition is incorrect, the clerk shall, within three 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 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, the council, or the city 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:

(1) Briefly worded caption by which the measure is commonly known or which accurately summarizes the measure;

(2) 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

(3) Concise and impartial statement, of not more than 75 words, of the chief purpose of the measure.

(b)�� 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 boldface 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.

(Code 1974, � 1-1302)

State law references: Similar provisions, R.R.S. 1943, �� 18-2512, 18-2513.

Sec. 30-54.� Petitions; form; declaratory judgments. (return to ch. 30)

(a)�� The secretary of state shall design the form to be used for initiative and referendum petitions, including signature sheets. These forms shall be made available to the public by the 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 clerk pursuant to section 30-53. Chief petitioners or circulators preparing prospective petitions shall be responsible for making copies of the petition for circulation once authorization for circulation has been granted, and each petition presented for signature must be identical to the petition authorized for circulation by the clerk pursuant to section 30-53.

(b)�� The city or any chief petitioner may seek a declaratory judgment regarding any questions arising under this article, 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 clerk. If the city seeks a declaratory judgment, only the chief petitioner shall be required to be served. 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 40 days from the date the council received notification pursuant to section 30-57. 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 notification pursuant to section 30-57, 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 notification pursuant to section 30-57, it shall not be required to proceed to hold such election until a final decision has been rendered in the action. Any action for a declaratory judgment shall be governed generally by R.R.S. 1943, �� 25-21,149--25-21,164; except that only the city and each chief petitioner shall be required to be made parties. The city, the clerk, the council, or any of the city's officers shall be entitled to rely on any order rendered by the court in any such proceeding. The provisions of this section relating to declaratory judgments shall not be construed as limiting but construed as supplemental in addition to other rights and remedies conferred by law.

(c)�� Every petition shall contain the name and place of residence of not more than three persons as chief petitioners or sponsors of the measure. The chief petitioners or sponsors shall be qualified electors of the city potentially affected by the initiative or referendum proposal. Every petition shall contain the caption and ballot title required in section 30-53, and only qualified electors shall circulate petitions. When a special election is being requested, such fact shall be stated on every petition.

(Code 1974, � 1-1303)

State law references: Similar provisions, R.R.S. 1943, �� 18-2514, 18-2515.

Sec. 30-55.� Signature sheets. (return to ch. 30)

(a)�� Every signature sheet shall:

(1) Contain the caption required in section 30-53.

(2) Be part of a complete and authorized petition when presented to potential signatories.

(3) Provide space for signatories to write their names, places of residence, and the date of signing.

(4) Contain a statement that anyone falsifying information on a signature sheet shall be subject to penalties provided by law.

(b)�� No more than 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, place of residence, and the date of signing. No signatory shall use ditto marks as a means of affixing place of residence or date on any petition.

(Code 1974, � 1-1304)

State law references: Similar provisions, R.R.S. 1943, � 18-2516.

Sec. 30-56.� Petitions; affidavit. (return to ch. 30)

Included in the contents of every petition shall be an affidavit, to be signed by the circulator in the presence of a notary, which states that the circulator is a qualified elector, that each person who signed the petition did so in the presence of the circulator on the date indicated, and that the circulator believes that each signatory was registered to vote and has stated his name and place of residence correctly.

(Code 1974, � 1-1305)

State law references: Similar provisions, R.R.S. 1943, � 18-2517.

Sec. 30-57.� Petitions; notification; verification. (return to ch. 30)

(a)�� A signed petition shall be filed with the clerk for signature verification. Upon the filing of a petition, and passage of a resolution by the council, the city and the county clerk by mutual agreement provide that the county clerk shall ascertain whether the petition is signed by the requisite number of voters.

(b)�� In order for an initiative or referendum proposal to be submitted to the council and the voters, the necessary signatures shall be on file with the clerk within six months from the date the prospective petition was authorized for circulation. If the necessary signatures are not obtained by such date, the petition shall be void.

(Code 1974, � 1-1306)

State law references: Similar provisions, R.R.S. 1943, � 18-2518.

Sec. 30-58.� Frequency of occurrence. (return to ch. 30)

The same measure, either in form or in essential substance, may not be submitted to the people by initiative petition, either affirmatively or negatively, more often than once every two years. No attempt to repeal or alter an existing measure or portion of such measure by referendum petition may be made within two years from the last attempt to repeal or alter. Such prohibition shall apply only when the subsequent attempt to repeal or alter is designed to accomplish such attempt, or essentially the same purpose as the previous attempt.

(Code 1974, � 1-1307)

State law references: Similar provisions, R.R.S. 1943, � 18-2519.

Sec. 30-59.� Direct vote. (return to ch. 30)

The executive officer and the council may at any time, by resolution, provide for the submission to a direct vote of the electors of any measure pending before it, passed by it, including an override of any veto, if necessary, or enacted by the electors under this article and may provide in such resolution that such measure shall be submitted at a special election or the next regularly scheduled primary or general election. Immediately upon the passage of any such resolution for submission, the clerk shall cause such measure to be submitted to a direct vote of the electors, at the time specified in such resolution and in the manner provided in this article for submission of measures upon proposals and petitions filed by voters. Such matter shall become law if approved by a majority of the votes cast.

(Code 1974, � 1-1308)

State law references: Similar provisions, R.R.S. 1943, � 18-2520.

Sec. 30-60.� Elections. (return to ch. 30)

(a)�� The clerk shall call elections under this article, either at a special election or regularly scheduled primary or general election. No special election to be conducted by the election commission or county clerk shall be held within 30 days prior to the statewide primary or general election or within 60 days after the statewide primary or general election. The clerk shall cause notice of every such election to be published in a newspaper of general circulation in the city and post the notice in the office of the clerk. The notice shall be substantially as follows:

Notice is hereby given that on Tuesday, the ________ day of _________, ________, at ________________ of Wayne, Nebraska, an election will be held at which there will be submitted to the electors of the city for their approval or rejection, the following 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 _________, ________.

__________
City Clerk of Wayne, 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.

(Code 1974, � 1-1309)

State law references: Similar provisions, R.R.S. 1943, � 18-2521.

Sec. 30-61.� Ballots. (return to ch. 30)

All ballots for use in special elections under this article shall be prepared by the clerk and furnished by the council unless the council contracts with the county for such service and shall be in the same form as provided by law for election of the executive officer and council. When ordinances under such section 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 article.

(Code 1974, � 1-1310)

State law references: Similar provisions, R.R.S. 1943, � 18-2522.

Sec. 30-62.� Initiative. (return to ch. 30)

(a)�� The power of initiative allows citizens the right to enact measures affecting the governance of the city. An initiative proposal shall not have as its primary or sole purpose the repeal or modification of existing law unless 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, which is not subject to referendum or subject only to limited referendum pursuant to section 30-63.

(c)�� Whenever an initiative petition bearing signatures equal in number to at least 15 percent of the qualified electors of the city has been filed with the clerk and verified, it shall be the duty of the council to consider passage of the measure contained in the petition including an override of any veto, if necessary. If the council 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 city. If the council 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 city, the council 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 percent 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 section 30-57, it shall be the duty of the council to consider passage of the measure contained in the petition, including an override of any veto, if necessary. If the council 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. The date of such election shall not be less than 30 nor more than 60 days from the date the council received notification pursuant to section 30-57.

(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 city 30 days after certification of the election results, unless the council 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 council. No such attempt to amend or repeal shall be made within one year from the passage of the measure by the electors.

(Code 1974, � 1-1311)

State law references: Similar provisions, R.R.S. 1943, �� 18-2523--18-2526.

Sec. 30-63.� Referendum limitations. (return to ch. 30)

(a)�� The power of referendum allows citizens the right to repeal or amend existing measures, or portions thereof, affecting the governance of the city.

(1) The following measures shall not be subject to referendum or limited referendum:

a. 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 the ordinance from which this article derives.

b. Measures relating to any industrial development projects, subsequent to measures giving initial approval to such projects.

c. Measures adopting proposed budget statements following compliance with procedures set forth in the state budget act.

d. 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 council and approved by its executive officer.

e. Measures relating to projects for which notice has been given as provided for in subsection (c) of this section 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.

f. Resolutions directing the clerk to cause measures to be submitted to a vote of the people at a special election as provided in section 30-62 and section 30-64.

g. Resolutions ordering an earlier effective date for measures enacted by initiative as provided in section 30-62.

h. Measures relating to any facility or system adopted or enacted pursuant to the Integrated Solid Waste Management Act by municipalities which are necessary to carry out contractual obligations provided for in previously issued bonds, notes, warrants or other evidence of indebtedness.

(2) The following measures shall be subject to limited referendum:

a. 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 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.

b. 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.

c. 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 council and the executive officer.

d. Measures relating to any facility or system adopted or enacted pursuant to the Integrated Solid Waste Management Act by municipalities except for measures necessary to carry out contractual obligations provided for in previously issued bonds, notes, warrants or other evidences of indebtedness.

(b)�� Measures subject to limited referendum shall ordinarily take effect 30 days after their passage by the council, 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 section 30-57 within 30 days after such measure's passage by the council, including an override of any veto, if necessary, or after notice is first published pursuant to subsection (c)(3) of this section. If the necessary number of signatures as provided in section 30-62 has been obtained within the time limitation, the effectiveness of the measure shall be suspended unless approved by the voters.

(c)�� For any measure relating to the acquisition, construction, installation, improvement or enlargement of public ways, public property, utility systems or other capital projects, the city may exempt all subsequent measures relating to the same project from the referendum and limited referendum procedures provided for in this article by the following procedure:

(1) 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 council'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.

(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 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.

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 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 subsection shall be published in at least one newspaper of general circulation within the city and shall be published not later than 15 days after passage by the council, including an override of a veto, if necessary, of a measure approving the project.

(d)�� All measures, except as provided in subsections (a)(1), (a)(2) and (c) of this section, shall be subject to the referendum procedure at any time after such measure has been passed by the council, including an override of a veto, if necessary, or enacted by the voters by initiative.

(Code 1974, � 1-1312)

State law references: Similar provisions, R.R.S. 1943, �� 18-2527, 18-2528.

Sec. 30-64.� Referendum; passage. (return to ch. 30)

(a)�� Whenever a referendum petition bearing signatures equal in number to at least 15 percent of the qualified electors of the city has been filed with the clerk and verified pursuant to section 30-57, it shall be the duty of the council to reconsider the measure or portion of such measure which is the object of the referendum. If the council fails to repeal or amend the measure or portion of such measure in the manner proposed by the referendum, including an override of any veto, if necessary, within 30 days from the date the council receives notification pursuant to section 30-57, 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 city. If the council 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 city, the council 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)�� Whenever a referendum petition bearing signatures equal in number to at least 20 percent of the qualified voters of the city 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 council to reconsider the measure or portion of such measure which is the object of the referendum. If the council fails to repeal or amend the measure or portion 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 council received notification. The date of such special election shall not be less than 30 nor more than 60 days from the date the council received notification.

(Code 1974, � 1-1313)

State law references: Similar provisions, R.R.S. 1943, �� 18-2529, 18-2530.

Sec. 30-65.� Violations; penalties. (return to ch. 30)

(a)�� Whoever knowingly or willfully makes a false affidavit or takes a false oath regarding the qualifications of any person to sign petitions under R.R.S. 1943, �� 18-2501--18-2531 shall be guilty of a class I misdemeanor with a limit of $300.00 on the fine.

(b)�� Whoever falsely makes or willfully destroys a petition or any part, or signs a false name, or signs or files any petition knowing it or any part to be falsely made, or suppresses any petition, or any part, which has been duly filed, pursuant to R.R.S. 1943, �� 18-2501--18-2531 shall be guilty of a class I misdemeanor with a limit of $500.00 on the fine.

(c)�� Whoever signs any petition under R.R.S. 1943, �� 18-2501--18-2531, knowing that he is not a registered voter in the place where such petition is made, aids or abets any other person in doing any of the acts mentioned in this section, bribes or gives or pays any money or thing of value to any person directly or indirectly to induce him to sign such petition, or engages in any deceptive practice intended to induce any person to sign a petition, shall be guilty of a class I misdemeanor with a limit of $300.00 on the fine.

(d)�� Any clerk who willfully refuses to comply with the provisions of R.R.S. 1943, �� 18-2501--18-2531 or who willfully causes unreasonable delay in the execution of his duties under such sections shall be guilty of a class IV misdemeanor but imprisonment shall not be included as part of the punishment, and the fine shall not exceed $500.00.

(Code 1974, � 1-1314)

State law references: Similar provisions, R.R.S. 1943, �� 18-2532--18-2535.

Sec. 30-66.� Applicability. (return to ch. 30)

(a)�� The provisions of the statutes of the state relating to election officers, voting places, election apparatus and blanks, preparation and form of ballots, information to voters, delivery of ballots, calling of elections, conduct of elections, manner of voting, counting of votes, records and certificates of election, and recounts of votes, so far as applicable, shall apply to voting on ordinances by the electors pursuant to this article.

(b)�� Nothing in this article shall apply to procedures for initiatives or referendums provided in R.R.S. 1943, �� 18-412, 18-412.02, 70-504, 70-650.01, 70-650.02, 80-203, 80-204 and 80-205.

(Code 1974, � 1-1315)

State law references: Similar provisions, R.R.S. 1943, �� 18-2536, 18-2537.