[HISTORY: Adopted by the City Council of the City of Papillion 12-4-1990
as Ch. 1, Art. 7, of the 1990 Code. Amendments noted where applicable.]
NEBRASKA STATUTE REFERENCES
Section 13-1 — Neb. R.R.S. § 16-304.
Section 13-2 — Neb. R.R.S. §§ 16-304,
11-103 through 11-118 and 16-219.
GENERAL REFERENCES
Officers and employees — See Ch. 51.
Each Councilperson, before entering upon the duties of his or her office,
shall be required to give a bond to the municipality with two or more good
and sufficient sureties of some responsible surety company. If the bond is
given by two sureties, they shall each justify that he or she is worth at
least $2,000 over and above all debts and exemptions. Such bond amounts shall
be on file in the office of the City Clerk and shall be conditioned on the
faithful discharge of the duties of the Councilperson. The bond will be further
conditioned that if the Councilperson shall vote for any expenditure or appropriation
of money or create any liability in excess of the amount allowed by law, the
Councilperson and the sureties signing the bond shall be liable thereon. The
bond shall be filed with the Clerk and approved by the Mayor. Upon approval
by a majority of the Council, the city may pay the premium for such bond.
Any liability sought to be incurred, or debt created in excess of the amount
limited or authorized by law, shall be taken and held by any court of the
state as the joint and several liability of the Councilperson voting for and
the Mayor approving the same. Any such liability or debt shall not be an obligation
upon the municipality. Voting for or approving of such liability or debt shall
be conclusive evidence of malfeasance in office. Any Councilperson voting
for such an appropriation or any Mayor approving of the same shall be removed
from office.
A.
Official bonds of the municipality shall be in form,
joint and several, and shall be made payable to the municipality in such penalty
as the Council may set by resolution which sums shall be on file at the office
of the City Clerk.
B.
Provided that the penalty amount on any bond shall not
fall below the legal minimum, when one has been set by the State of Nebraska,
for each particular official. All official bonds of the municipal officials
shall be executed by the principal named in such bonds and by at least two
sufficient sureties who shall be freeholders of the county, or by the official
as principal and by a guaranty, surety, fidelity or bonding company.
C.
Provided that no municipal official, while still in his
official term of office, shall be accepted as surety on any other official's
bond, contractor's bond, license bond or appeal bond under any circumstances.
Only companies that are legally authorized to transact business in the State
of Nebraska shall be eligible for suretyship on the bond of an official of
the municipality. All said bonds shall obligate the principal, and sureties
for the faithful discharge of all duties required by law of such principal
and shall inure to the benefit of the municipality and any persons who may
be injured by a breach of the conditions of such bonds. No bond shall be deemed
to be given or complete until the approval of the Council, and all sureties
are endorsed, in writing, on said instrument by the Mayor and City Clerk pursuant
to the said approval of the Council. The premium on any official bond required
to be given may be paid out of the general fund, or other municipal fund,
upon a resolution to that effect by the Council at the beginning of any municipal
year. All official bonds, meeting the conditions herein, shall be filed with
the City Clerk for his official records and it shall be the duty of the City
Clerk to furnish a certified copy of any bond so filed upon the payment of
a fee which shall be set by resolution of the Council.
D.
In the event that the sureties on the official bond of
any officer of the municipality, in the opinion of the Council, becomes insufficient,
the Council may, by resolution, fix a reasonable time within which the said
officer may give a new bond or additional sureties as directed. In the event
that the officer should fail, refuse or neglect to give a new bond or additional
sureties to the satisfaction and approval of the Council, then the office
shall, by such failure, refusal or neglect, become vacant, and it shall be
the duty of the Council to appoint a competent and qualified person to fill
the office. Any official who is re-elected to office shall be required to
file a new bond after each election.
Any person who violates any of the prohibitions or provisions of any
article or section of this chapter shall be deemed guilty of a misdemeanor.
Unless otherwise specified in the particular article or section for which
the person stands convicted of violating, the penalty for such violation shall
be in an amount not to exceed $1,000 or imprisonment for any length of time
not to exceed one year, or both such fine and imprisonment at the discretion
of the court.
