17-312. Village; retention of village government; petition; election.
(1) Whenever any village attains a population exceeding eight hundred inhabitants as determined by the most recent federal decennial census or the most recent revised certified count by the United States Bureau of the Census, the registered voters of the village may vote to retain a village form of government. The issue may be placed before the voters by a resolution adopted by the village board of trustees or by petition signed by one-fourth of the registered voters of the village.
(2) The petitions under subsection (1) of this section shall conform to section 32-628. The Secretary of State shall design the form to be used for the petitions. Petition signers and petition circulators shall conform to the requirements of sections 32-629 and 32-630. The village board of trustees shall submit the petitions to the election commissioner or county clerk for signature verification pursuant to section 32-631. The required number of signatures shall be one-fourth of the number of voters registered in the village at the last statewide general election. The election commissioner or county clerk shall notify the village board of trustees within thirty days after receiving the petitions from the village board of trustees whether the required number of signatures has been gathered. The village shall reimburse the county for any costs incurred by the election commissioner or county clerk.
(3) If the village board of trustees determines that the petitions are in proper form and signed by the necessary number of registered voters or after adoption of the resolution by the village board of trustees, the village board of trustees shall submit the question to the voters of whether to retain the village form of government at a special election pursuant to section 32-559 or at the same time as a local or statewide primary or general election held in the village. The form of the ballot at such election shall be For retention of village government and Against retention of village government. If the majority of the votes cast are for retention of village government, then such village shall remain a village and be governed under the laws of this state applicable to villages unless at some future election such village votes to reorganize as a city of the second class in the manner provided in section 17-313.
(4) If the question to retain a village form of government is submitted at a special election, such election shall be held not later than October 15 of an odd-numbered year. If the question is rejected, city of the second class officials shall be elected at the next regularly scheduled election.
(5) If the question to retain a village form of government is submitted at a regularly scheduled election, no village trustees shall be elected at such election, but village trustees whose terms are to expire following such election shall hold office until either their successors or a mayor and city council members take office as follows:
(a) If the question is rejected, the village board of trustees shall call a special election, to be held not more than eight months after the election at which the question was rejected, for the purpose of electing a mayor and city council members under the provisions of law relating to cities of the second class. The terms of office for such officials shall be established pursuant to section 17-311. The members of the village board of trustees shall hold office only until the newly elected mayor and city council members assume office; and
(b) If the question is approved, the village board of trustees shall call a special election, to be held not more than eight months after the election at which the question was approved, for the purpose of electing successors to those members of the village board of trustees who held office beyond the normal expiration of their terms. Such special election shall be conducted under the provisions of law relating to villages. Persons so elected shall take office as soon after the completion of the canvass of the votes as is practicable, and their terms of office shall be as if the holdovers had not occurred.
Source
Structure Nebraska Revised Statutes
Chapter 17 - Cities of the Second Class and Villages
17-101 - City of the second class, defined; population; exception.
17-102 - Wards; number; how determined.
17-103 - City council; members; number; qualifications.
17-104 - City council members; election; term; qualifications.
17-105 - City council; meetings; quorum.
17-106 - City council; special meetings.
17-108 - Officers and employees; salaries.
17-108.02 - Officers and employees; merger of offices or employment; salaries.
17-110 - Mayor; general duties and powers.
17-111 - Mayor; ordinances; veto power; passage over veto.
17-112 - Mayor; recommendations to city council.
17-113 - Mayor; reports of officers; power to require.
17-114 - Mayor; territorial jurisdiction.
17-117 - Mayor; remission of fines; pardons; powers.
17-118 - Police; arrest; power.
17-119 - City overseer of streets; duties.
17-120 - Public morals; powers; restrictions.
17-121 - Health and sanitation; rules and regulations; board of health; members; powers.
17-122 - Hospital; establishment and control.
17-123 - Public health; regulations; water; power to supply.
17-123.01 - Transferred to section 17-573.
17-124 - Police; power to establish.
17-125 - Transferred to sections 17-528.02 and 17-528.03.
17-126 - Public market; establishment; regulation.
17-127 - Public buildings; power to erect.
17-129 - Disorderly conduct; power to prevent.
17-130 - Fire escapes; exits; regulation.
17-132 - Places of amusement; safety regulations; revocation of license.
17-134 - Peddlers; pawnbrokers; entertainers; licensing and regulation.
17-136 - Fire hazards; dangerous buildings; elimination.
17-137 - Explosives; storage; fireworks; regulation.
17-138 - Animals; cruelty, prevention of.
17-139 - Traffic; sales; regulation.
17-140 - Signs and handbills; regulation.
17-141 - Sidewalks and substructures; regulation.
17-142 - Streets; moving of buildings; other obstructions; regulation.
17-143 - Railroads; location, grade, and crossing; regulation.
17-145 - Sewers and drains; regulation.
17-146 - Refunding bonds; power to issue.
17-147 - Fire department; organization and equipment.
17-148 - City council; president; acting president; powers.
17-149 - Transferred to section 17-574.
17-149.01 - Transferred to section 17-575.
17-151 - Sewerage system; establishment; borrowing money; conditions precedent.
17-153 - Sewerage system; bonds; sinking funds; investment.
17-154 - Sewers; right-of-way; condemnation; procedure.
17-155 - Board of equalization; counties under township organization; members; meetings.
17-157 - Joint city and school district facility; expense; bonds; election; approval by electors.
17-161 - Joint city and school district facility; annual budget of city and school district.
17-162 - Joint city and school district facility; building commission; accept gifts.
17-163 - Offstreet parking; declaration of purpose.
17-164 - Offstreet parking; facilities; acquisition; procedure.
17-165 - Offstreet parking; revenue bonds; issuance; terms.
17-166 - Offstreet parking; plans and specifications; coordination with traffic control program.
17-167 - Offstreet parking; city council; rules and regulations; contracts; rates.
17-168 - Offstreet parking; acquisition of facilities; submission at election; notice.
17-169 - Offstreet parking; facilities; lease; controls retained; business restricted.
17-170 - Offstreet parking; private parking lot; not subject to eminent domain.
17-171 - Offstreet parking; rights of bondholders.
17-172 - Offstreet parking; revenue; use.
17-173 - Offstreet parking; supplementary powers.
17-201 - Village, defined; incorporation; restriction on territory; condition.
17-201.01 - Villages; incorporation; presumption of regularity of proceedings.
17-202 - Board of trustees; election; terms.
17-203 - Board of trustees; qualifications.
17-204 - Board of trustees; oath; meetings.
17-205 - Board of trustees; quorum; compulsory attendance.
17-206 - Board of trustees; journal; roll calls; public proceedings.
17-207 - Board of trustees; powers; restrictions.
17-207.01 - Offstreet motor vehicle parking; acquisition; procedure.
17-207.02 - Offstreet motor vehicle parking; acquisition; board of trustees; powers.
17-209 - Appointed officers and employees; compensation; fixed by ordinance.
17-209.02 - Officers and employees; combine or merge office, employment, or duties.
17-210 - Board of trustees; ordinances; publication; chairperson pro tempore.
17-212 - Elections; officers of election; vacancies; how filled.
17-213 - Village chief of police; powers and duties.
17-213.01 - Village engineer; powers and duties.
17-214 - Village overseer of streets; power and duties.
17-215 - Village; dissolution; how effected.
17-215.01 - Village; dissolution; county, defined.
17-216 - Village; dissolution; petition or resolution; election.
17-217 - Village; dissolution; election; form of ballot.
17-218 - Village; dissolution; when effective.
17-219 - Village; dissolution; village property, records, and funds; disposition.
17-219.01 - Village; dissolution; property; sale by county board; when authorized.
17-219.02 - Village; dissolution; property; sale; notice.
17-219.03 - Village; dissolution; board of trustees; county board; duties.
17-220 - Village situated in more than one county; how organized.
17-222 - Village situated in more than one county; jails.
17-223 - Village situated in more than one county; tax; how certified.
17-224 - Village situated in more than one county; legal notices; publication.
17-225 - Railroads; blocking crossings; penalty.
17-226 - Transferred to section 17-219.01.
17-227 - Transferred to section 17-219.02.
17-228 - Transferred to section 17-219.03.
17-229 - Street improvement program; authorization; tax levy.
17-230 - Street improvement program; tax levy limitation.
17-302 - Government pending reorganization.
17-304 - Reorganization; council; members; qualifications.
17-305 - Reorganization; existing ordinances; effect; modification.
17-306 - City of the second class; reorganization as village; petition; election.
17-307 - Transferred to section 17-312.
17-308 - Reorganization; transfer of property; how effected.
17-309 - Reorganization; existing ordinances; effect; debts; taxes.
17-310 - Decrease in population; remain city of the second class.
17-311 - Village; increase in population; reorganization as city of the second class.
17-312 - Village; retention of village government; petition; election.
17-313 - Village; organize as city of second class; petition; election.
17-401 - Consolidation; authority.
17-402 - Consolidation; procedure.
17-403 - Consolidation; when effective; existing rights and liabilities preserved.
17-404 - Consolidation; property.
17-405 - Transferred to section 18-3301.
17-405.01 - Annexation; powers; restrictions.
17-405.02 - Contiguous land, defined.
17-405.03 - Laws, codes, rules, or regulations; effect of annexation.
17-405.04 - Inhabitants of annexed land; benefits; ordinances.
17-405.05 - City or village in two or more counties; annexation by city or village; procedure.
17-406 - Transferred to section 18-3302.
17-412 - Transferred to section 18-3303.
17-413 - Transferred to section 17-405.05.
17-415 - Transferred to section 18-3304.
17-416 - Transferred to section 18-3305.
17-417 - Transferred to section 18-3306.
17-418 - Transferred to section 18-3307.
17-419 - Transferred to section 18-3308.
17-420 - Transferred to section 18-3309.
17-421 - Transferred to section 18-3310.
17-422 - Transferred to section 18-3311.
17-423 - Transferred to section 18-3312.
17-424 - Transferred to section 18-3313.
17-425 - Transferred to section 18-3314.
17-426 - Transferred to section 18-3315.
17-501 - Cities of the second class and villages; powers; board of public trust; members; duties.
17-503 - Real property; sale; exception; procedure; remonstrance petition; procedure; hearing.
17-503.01 - Real property less than five thousand dollars; sale; procedure.
17-503.02 - Personal property; sale; procedure; other conveyance.
17-504 - Corporate name; process; service.
17-505 - Ordinances, rules, and regulations; enactment; enforcement.
17-505.01 - Notice; publication.
17-506 - Property tax; amount of levy authorized.
17-507 - Other taxes; power to levy.
17-508 - Streets; grading and repair, when; bridges and sewers; construction.
17-508.01 - Streets; maintenance and repair; contracts with county authorized.
17-508.02 - Streets; grading and repair; bridges and sewers; tax limits.
17-509 - Streets and malls; power to improve; districts.
17-510 - Streets; improvement district; creation by petition; denial; special assessments.
17-511 - Streets; improvement by ordinance; objections; time of filing; special assessment.
17-512 - Streets; main thoroughfares; improvement by ordinance; assessments.
17-513 - Streets; improvement; petitions and protests; sufficiency; how determined; appeal.
17-514 - Streets; improvement; assessments; certification to county treasurer.
17-516 - Streets and malls; improvement; paving bonds; warrants; interest; terms.
17-518 - Streets; improvement; sinking fund; investment.
17-519 - Streets; improvement; assessments against public lands; payment.
17-521 - Streets; improvement; railways; duty to pave.
17-522 - Sidewalks; repair; cost; assessment; notice.
17-523 - Sidewalks; temporary walks; construction; cost.
17-524 - Streets and sidewalks; improvements; assessments; how made; collection.
17-525 - Occupation tax; power to levy; exceptions.
17-526 - Dogs and other animals; license tax; enforcement.
17-527 - Elections; rules governing; power to prescribe.
17-528 - Electricity; franchises and contracts; tax; sale by public service company to city.
17-528.02 - Gas franchises; length; conditions; tax.
17-528.03 - Electricity franchises; length; conditions; election, when required; exceptions.
17-529 - Watercourses; aqueducts; wells; regulation.
17-529.01 - Dikes; erection and maintenance; eminent domain; procedure.
17-529.02 - Flood control projects; cooperation with United States; consent to requirements.
17-529.03 - Flood control projects; removal to another site; definitions.
17-529.04 - Flood control projects; removal to another site; when authorized.
17-529.06 - Flood control projects; removal to another site; hearing; entry of order.
17-529.07 - Flood control projects; removal to another site; order; effect.
17-529.08 - Flood control projects; bonds; interest; election; tax; levy.
17-530 - Waterworks; franchises; terms.
17-531 - Waterworks; acquisition or construction authorized.
17-532 - Waterworks; private companies; compulsory connections.
17-533 - Waterworks; construction; bids.
17-536 - Waterworks; water supply; pollution; power to prevent.
17-537 - Waterworks; rules and regulations.
17-538 - Waterworks; use of water; rates or rental; collection.
17-539 - Waterworks; construction; cost; special assessments.
17-540 - Waterworks; income; how used; surplus, investment.
17-542 - Waterworks; rates; regulation.
17-545 - Waterworks; additional tax; when authorized.
17-546 - Waterworks; additional tax; provision cumulative.
17-547 - Animals running at large; regulation.
17-548 - Pounds; establishment.
17-549 - Fire prevention; regulations.
17-550 - Buildings; construction; regulation.
17-551 - Railways; depots; regulation.
17-552 - Railways; crossings; safety regulations.
17-554 - Fuel and feed; inspection and weighing.
17-556 - Public safety; firearms; explosives; riots; regulation.
17-557 - Streets; safety regulations; removal of snow, ice, and other encroachments.
17-557.01 - Sidewalks; removal of encroachments; cost of removal; special assessments; interest.
17-558 - Streets; improving; vacating; abutting property; how treated.
17-560 - Borrowing power; pledges.
17-561 - Railway tracks; lighting, city may require; cost; assessment.
17-564 - Fines; actions to recover.
17-565 - Fines; action to recover; limitation.
17-566 - County jail; use by city; compensation.
17-567 - Highways, streets, bridges; maintenance and control.
17-568 - Employment of special engineer.
17-568.02 - Municipal bidding procedure; waiver; when.
17-569 - Abandoned real estate; sale; ordinance.
17-570 - Abandoned real estate; sale; notice.
17-571 - Abandoned real estate; sale; sealed bids; deed.
17-572 - Loans to students; conditions.
17-573 - Litter; removal; notice; action by city or village.
17-574 - Sewerage and drainage; districts; regulation.
17-601.01 - Caucus; when held; notice.
17-601.02 - Caucus; notice to village clerk; contents.
17-601.03 - Caucus; additional filings.
17-602 - Registered voters; qualifications.
17-603 - Officers; canvass; certificates of election; failure to qualify, effect.
17-605 - City clerk or village clerk; duties.
17-606 - Treasurer; duties; failure to file account; penalty; continuing education; requirements.
17-608 - Treasurer; surplus funds; investments authorized; interest.
17-609 - Treasurer; utility funds; retirement of bonds or warrants.
17-610 - City attorney or village attorney; duties.
17-611 - Officer; extra compensation prohibited.
17-612 - Elective officers, salary; increase during term of office prohibited; exception.
17-613 - Ordinances; style; publication; proof.
17-614 - Ordinances; how enacted; title; revised election district boundary; ordinance.
17-615 - Ordinances; passage; rules and regulations; proof.
17-616 - Ordinances; contracts; appointments; vote; record.
17-701 - Fiscal year; commencement.
17-702 - Property tax; general levy authorized; sale for delinquent taxes; additional levies.
17-703 - Special assessments; relevy or reassess tax limit; refunding; when authorized; how paid.
17-706 - Annual appropriation bill; contents.
17-708 - Funds; expenditure; appropriation condition precedent.
17-709 - Contracts; appropriation condition precedent.
17-710 - Special assessments; expenditure; limitations.
17-711 - Warrants; how executed.
17-713 - Road tax; amount; when authorized.
17-714 - Claims and accounts payable; filing; requirements; disallowance; notice; costs.
17-715 - Claims; allowance; payment.
17-716 - Transferred to section 19-3201.
17-717 - Intersection paving bonds; tax authorized.
17-718 - Voluntary fire departments; maintenance; tax; limitation.
17-720 - Certificates of deposit; time deposits; security required.
17-801 - Board of public works; how created; members; appointment; removal; qualifications; terms.
17-802 - Board of public works; powers and duties; city council; approve budget.
17-802.01 - Board of public works; insurance plan; cooperation and participation.
17-803 - Board of public works; surplus funds; investment.
17-804 - Water commissioner and light commissioner; compensation; removal.
17-805 - Board of public works; organization; meetings; records.
17-806 - Board members; oath; bond.
17-807 - Board members; interest in contracts prohibited.
17-808 - Bookkeeper and city clerk.
17-901 - Utilities; service; contracts for sale; when authorized.
17-902 - Utilities; contracts for service; transmission lines authorized.
17-903 - Utilities; contracts for service; approval of electors; bonds; interest; taxes.
17-904 - Transmission line outside city prohibited.
17-905 - Utilities; acquisition; revenue bonds; issuance; when authorized.
17-906 - Power plant; construction; eminent domain; procedure.
17-907 - Power plant; transmission lines; right-of-way.
17-908 - Power plant; construction; election; bonds; interest; redemption.
17-909 - Power plant; operation and extension; tax authorized.
17-910 - Joint power plant; construction; approval of electors.
17-911 - Joint power plant; bonds; election; interest.
17-912 - Joint power plant; operation and extension; tax.
17-914 - Sewers; resolution to construct; publication; hearing.
17-916 - Sewers; resolution to construct; petition in opposition; effect.
17-917 - Sewers; resolution to construct, purchase, or acquire; vote required.
17-918 - Sewers; construction; contracts; notice; bids; acceptance.
17-919 - Sewers; acceptance by engineer; approval; cost; assessments; notice.
17-920 - Sewers; assessments; hearing; equalization; payable in installments; interest.
17-921 - Sewers; special assessments; levy; collection.
17-922 - Sewers; assessments; interest; exempt property; cost; how paid.
17-923 - Sewers; assessments; when due; interest.
17-924 - Sewers; assessments; sinking fund; purpose.
17-925.02 - Sewers; rental charges; collection.
17-925.03 - Sewers; rental charges; reduction in taxes.
17-925.04 - Sewers; rental charges; cumulative to service rate for maintenance and repair.
17-926 - Cemetery; acquisition; condemnation; procedure.
17-933 - Cemetery; acquisition; title.
17-934 - Cemetery; existing cemetery association; transfer to; conditions.
17-935 - Existing cemetery association; transfer; deeds; how executed.
17-936 - Existing cemetery association; transfer of funds.
17-937 - Existing cemetery association; trustees; oath; bond; vacancy; how filled.
17-938 - Cemetery; maintenance; tax; forfeiture of lot; resale; reclamation of lot; procedure.
17-939 - Cemetery; acquisition; bonds; interest; approval of electors required.
17-940 - Cemetery; improvement.
17-941 - Cemetery; lots; conveyance.
17-942 - Cemetery; lots; ownership and use; regulations.
17-943 - Cemetery; protection; rules and regulations.
17-944 - Cemetery association; formation; when authorized.
17-945 - Cemetery association; trustees; conveyances.
17-946 - Cemetery association; powers of board of trustees; income; use.
17-947 - Cemetery association; formation; funds; transfer to.
17-948 - Recreation and conservation; real estate; acquisition by gift or purchase; title.
17-949 - Recreation and conservation; real estate; regulation and control; penalties authorized.
17-951 - Facilities; maintenance and improvement; tax authorized.
17-952 - Board of commissioners; members; duties.
17-953 - Public buildings; acquisition or construction; approval of electors required; exception.
17-955 - Public buildings; maintenance; tax.
17-956 - Cold storage plants; construction and operation; power.
17-957 - Cold storage plants; construction; cost; tax; bonds.
17-958 - Cold storage plants; bonds; approval of electors; interest; redemption.
17-959 - Cold storage plants; operation and extension; tax.
17-960 - Cold storage plants; management; rates.
17-961 - Facility; acquisition or construction; management; facility, defined.
17-962 - Gift or devise; approval by city council or village board of trustees.
17-963 - Facility; acquisition or construction; issuance of bonds; interest; election.
17-964 - Facility; maintenance; tax.
17-965 - Facility fund; established; custodian.
17-966 - Facility board; members; duties; powers; warrants.
17-968 - Bonds; issuance; record.
17-969 - Bonds; sinking fund; interest; levy.
17-970 - Water service districts; establishment; ordinance.
17-971 - Water service districts; improvements; protest; effect; special assessments.
17-973 - Water service district; assessments; lien; date due; payable.
17-974 - Water service district; assessments; delinquent; interest; rate; payment.
17-976 - Water service districts; cost of improvements; bonds; interest; issuance; tax; levy.