Article XI, Nebraska Constitution

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Article XI of the Nebraska Constitution consists of five sections.

Section 1

Text of Section 1:

Subscription to Stock Prohibited; Exception

No city, county, town, precinct, municipality, or other subdivision of the state shall ever become a subscriber to the capital stock, or owner of such stock, or any portion or interest therein of any railroad, or private corporation, or association, except that, notwithstanding any other provision of this Constitution, the Legislature may authorize the investment of public endowment funds by any city which is authorized by this Constitution to establish a charter, in the manner required of a prudent investor who shall act with care, skill, and diligence under the prevailing circumstance and in such investments as the governing body of such city, acting in a fiduciary capacity for the exclusive purpose of protecting and benefiting such investment, may determine, subject to such limitations as the Legislature may by statute provide.[1]

Amendments

  • Transferred in 1907, art. XIa, sec. 1.
  • Transferred by Constitutional Convention, 1919-1920, art. XI, sec. 1.
  • Amended in 2008, Laws 2007, LR6CA, sec. 1.

Section 2

Text of Section 2:

City of 5,000 May Frame Charter; Procedure

Any city having a population of more than five thousand (5000) inhabitants may frame a charter for its own government, consistent with and subject to the constitution and laws of this state, by causing a convention of fifteen freeholders, who shall have been for at least five years qualified electors thereof, to be elected by the qualified voters of said city at any general or special election, whose duty it shall be within four months after such election, to prepare and propose a charter for such city, which charter, when completed, with a prefatory synopsis, shall be signed by the officers and members of the convention, or a majority thereof, and delivered to the clerk of said city, who shall publish the same in full, with his official certification, in the official paper of said city, if there be one, and if there be no official paper, then in at least one newspaper published and in general circulation in said city, three times, and a week apart, and within not less than thirty days after such publication it shall be submitted to the qualified electors of said city at a general or special election, and if a majority of such qualified voters, voting thereon, shall ratify the same, it shall at the end of sixty days thereafter, become the charter of said city, and supersede any existing charter and all amendments thereof. A duplicate certificate shall be made, setting forth the charter proposed and its ratification (together with the vote for and against) and duly certified by the City Clerk, and authenticated by the corporate seal of said city and one copy thereof shall be filed with the Secretary of State and the other deposited among the archives of the city, and shall thereupon become and be the charter of said city, and all amendments of such charter, shall be authenticated in the same manner, and filed with the secretary of state and deposited in the archives of the city.[1]

Amendments

  • Adopted in 1912, Laws 1911, c. 227, sec. 2, p. 681.
  • Transferred in 1913, art. XIa, sec. 2.
  • Transferred by Constitutional Convention, 1919-1920, art. XI, sec. 2.

Section 3

Text of Section 3:

Rejection of Charter; Effect; Procedure to Frame New Charter

But if said charter be rejected, then within six months thereafter, the mayor and council or governing authorities of said city may call a special election at which fifteen members of a new charter convention shall be elected to be called and held as above in such city, and they shall proceed as above to frame a charter which shall in like manner and to the like end be published and submitted to a vote of said voters for their approval or rejection. If again rejected, the procedure herein designated may be repeated until a charter is finally approved by a majority of those voting thereon, and certified (together with the vote for and against) to the secretary of state as aforesaid, and a copy thereof deposited in the archives of the city, whereupon it shall become the charter of said city. Members of each of said charter conventions shall be elected at large, and they shall complete their labors within sixty days after their respective election. The charter shall make proper provision for continuing, amending or repealing the ordinances of the city.[1]

Amendments

  • Adopted in 1912, Laws 1911, c. 227, sec. 3, p. 682.
  • Transferred in 1913, art. XIa, sec. 3.
  • Transferred by Constitutional Convention, 1919-1920, art. XI, sec. 3.

Section 4

Text of Section 4:

Charter; Amendment; Charter Convention

Such charter so ratified and adopted may be amended, or a charter convention called, by a proposal therefore made by the law-making body of such city or by the qualified electors in number not less than five per cent of the next preceding gubernatorial vote in such city, by petition filed with the council or governing authorities. The council or governing authorities shall submit the same to a vote of the qualified electors at the next general or special election not held within thirty days after such petition is filed. In submitting any such charter or charter amendments, any alternative article or section may be presented for the choice of the voters and may be voted on separately without prejudice to others. Whenever the question of a charter convention is carried by a majority of those voting thereon, a charter convention shall be called through a special election ordinance, and the same shall be constituted and held and the proposed charter submitted to a vote of the qualified electors, approved or rejected, as provided in Section two hereof. The City Clerk of said city shall publish with his official certification, for three times, a week apart in the official paper in said city, if there be one, and if there be no official paper, then in at least one newspaper, published and in general circulation in said city, the full text of any charter or charter amendment to be voted on at any general or special election.

No charter or charter amendment adopted under the provisions of this amendment shall be amended or repealed except by electoral vote. And no such charter or charter amendment shall diminish the tax rate for state purposes fixed by act of the Legislature, or interfere in any wise with the collection of state taxes.[1]

Amendments

  • Adopted 1912, Laws 1911, c. 227, sec. 4, p. 682.
  • Transferred in 1913, art. XIa, sec. 4.
  • Transferred by Constitutional Convention, 1919-1920, art. XI, sec. 4.

Section 5

Text of Section 5:

Charter of City of 100,000; Home Rule Charter Authorized

The charter of any city having a population of more than one hundred thousand inhabitants may be adopted as the home rule charter of such city by a majority vote of the qualified electors of such city voting upon the question, and when so adopted may thereafter be changed or amended as provided in Section 4 of this article, subject to the Constitution and laws of the state.[1]

Amendments

  • Adopted in 1920 by Constitutional Convention, 1919-1920, No. 33.
  • Transferred by Constitutional Convention, 1919-1920, art. XI, sec. 5.

See also

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