Article 3. Bonds and Oaths


§1-301                BONDS; FORM. (1) Required of Certain Officers. Each of the following officers of the Municipality, as well as those officers elsewhere required by law, shall, before entering upon the duties of each of their offices respectively, execute a bond, conditioned that he will faithfully and impartially perform and discharge the duties of his office in accordance with general law and the ordinances of the Municipality. Said bonds shall be executed with a corporate surety approved by the State of Nebraska and shall be given in penal sums as follows, to-wit: Municipal Clerk-Treasurer, in the minimum amount of $10,000.00; Chief of Police, $1,000.00; each policeman, $1,000.00. The Mayor and City Council may also require bond of any other officer or employee in such sum as they may be resolution designate. No bond shall be deemed to be given or complete until the approval thereof as to form and substance by the Municipal Attorney in writing thereon is indorsed on the bond and until the approval of the corporate surety thereon is indorsed in writing on said instrument by the Mayor and Municipal Clerk pursuant to action of the City Council. Official bonds shall be approved by motion of the City Council. Official bonds shall be filed with the Municipal Clerk and recorded in his office, except that of the Municipal Clerk which shall be filed with the Mayor, and shall be for the benefit of the Municipality and for any and all persons injured by a breach of the conditions thereof; provided, the premium on any official bond required to be given, where corporate surety bond is required, given and approved, may be paid for out of the general fund or other proper Municipal fund; and provided further, the Mayor and City Council may require Municipal Treasurer, if they deem it advisable, to give additional bond, the penalty in which shall never exceed double the average amount of money passing through his hands at any one time.

             (2) Insufficient Sureties. Should the sureties on the official bond of any officer of the Municipality, in the opinion of the Mayor and City Council, become insufficient, the Mayor and City Council may by resolution fix a reasonable time within which such officer may give a new bond or additional sureties as directed by such resolution, and should such official fail, refuse or neglect to give such new bond or sureties within the time prescribed by said resolution to the satisfaction and approval of said Mayor and City Council, then the office shall by such failure or neglect become vacant and it shall be the duty of the Mayor by and with the consent of the City Council to appoint a competent and qualified person to fill such office.

             (3)        Municipal Officers. No member of the City Council or other officer of the Municipality shall be accepted as surety on any officers bond or upon any contractor̓s bond or license or appeal bond or any bond given to the Municipality under any circumstances. (Ref 11-103 through 11-118, 17-604 RS Neb.)


§1-302               OATH OF OFFICE; MUNICIPAL OFFICIALS. All officials of the Municipality, whether elected or appointed, except when a different oath is specifically provided herein, shall, before entering upon their respective duties, take and subscribe the following oath which shall be endorsed upon their respective bonds:

 

“I _____________________ do solemnly swear that I will support the Constitution of the United States and the Constitution of the State of Nebraska, against all enemies foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, and without mental reservation, or for the purpose of evasion; and that I will faithfully and impartially perform the duties of the office of ____________________ according to law, and to the best of my ability. And I do further swear that I do not advocate, nor am I a member of any political party or organization that advocates the overthrow of the government of the United States or of this State by force, or violence; and that during such time as I am in this position I will not advocate, nor become a member of any political party or organization that advocates the overthrow of the government of the United States or of this State by force or violence. So help me God.” (Ref 11-101 RS Neb.)