Article 3. Bonds and Oaths

§1-301   Falls City Code   §1-302

Article 3. Bonds and Oaths
. Each Council member before
entering upon the duties of his office, shall be required to give
a bond to the Municipality with two ( 2) or more good and
sufficient sureties or some responsible surety company. If the
bond is given by two (2) sureties, they shall each justify that he
is worth at least two thousand dollars ($2,000.00) over and above
all debts and exemptions. Such bond amounts shall be on file in
the office of the Municipal Clerk and shall be conditioned on the
faithful discharge of the duties of the Council member. The bond
will be further conditioned that if the Council member shall vote
for any expenditure or appropriation of money or create any
liability in excess of the amount allowed by law, the Council
member 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, 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
Council member 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 Council
member voting for such an appropriation or any Mayor approving of
the same, shall be removed from office.
§1-302 BONDS; REQUIRED. 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 Governing Body may set by
resolution which sums shall be on file at the office of the
Municipal Clerk; Provided, 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 (2) sufficient sureties who shall be
freeholders of the county, or by the official as principal and by
a guaranty, surety, fidelity, or bonding company; Provided 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 Governing Board, and all sureties are endorsed in writing on
the said instrument by the Mayor and Municipal Clerk pursuant to
the said approval of the Governing Body. The premium on any
official bond required to be given may be paid out of the General
Fund, or other proper Municipal fund, upon a resolution to that
effect by the Governing Body at the beginning of any Municipal
year. All official bonds, meeting the conditions herein, shall be
filed with the Municipal Clerk for his official records and it
shall be the duty of the Municipal 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 Governing Body. In the event that the
sureties on the official bond of any officer of the Municipality,
in the opinion of the Governing Body, become insufficient, the
Governing Body 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 Governing Body, then the office
shall, by such failure, refusal, or neglect become vacant, and it
shall be the duty of the Governing Body to appoint a competent and
qualified person to fill the office. Any official who is reelected
to office shall be required to file a new bond after each election.
(Ref. 11-103 through 11-118, 17-604 RS Neb.)
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.)