17-111 Mayor; ordinances; veto power; passage over veto. - Nebraska Statutes

17-111. Mayor; ordinances; veto power; passage over veto.The mayor shall have power to veto or sign any ordinance passed by the city council; Provided, any ordinance vetoed by the mayor may be passed over his veto by a vote of two-thirds of the members of the council. If the mayor neglects or refuses to sign any ordinance, and return the same with his objections in writing at the next regular meeting of the council, the same shall become a law without his signature. SourceLaws 1879, § 11, p. 195; R.S.1913, § 5003; C.S.1922, § 4172; C.S.1929, § 17-111; R.S.1943, § 17-111.AnnotationsMayor's approval may be condition precedent to the validity of the ordinance by its terms, and failure of such approval during mayor's incumbency renders ordinance void. Rooney v. City of South Sioux City, 111 Neb. 1, 195 N.W. 474 (1923).Where an ordinance or resolution is passed either with or without the mayor's concurrence, he, being the executive officer, is obliged to execute the duties therein contained irrespective of his sanction or disapproval thereof. State ex rel. Fuller v. Martin, 27 Neb. 441, 43 N.W. 244 (1889).The duty of the mayor is to guard and protect the rights of the city. Greenwood v. Cobbey, 26 Neb. 449, 42 N.W. 413 (1889).