17-301 City of the first class; reorganization as city of the second class; procedure; mayor, city council, and Secretary of State; duties. - Nebraska Statutes

17-301. City of the firstclass; reorganization as city of the second class; procedure; mayor, city council, and Secretary of State;duties.(1) This section applies to cities of the first class whose populationis less than five thousand inhabitants but more than eight hundred inhabitantsaccording to the federal decennial census conducted in the year 2010 or anysubsequent federal decennial census.(2)(a) If a city of the first class hasa population of less than five thousand inhabitants but not less than fourthousand inhabitants, as ascertained and officially promulgated by the mostrecent federal decennial census, the mayor of the city shall certify suchfact to the Secretary of State. If the mayor and city council of the citydetermine that it is in the best interests of such city to become a city ofthe second class, the mayor and city council shall adopt an ordinance to thateffect and shall notify the Secretary of State and notice and a copy of suchordinance shall accompany the certification. If the Secretary of State receivessuch notification, he or she shall declare such city to be a city of the secondclass. If the mayor and city council determine that it is in the best interestsof such city to remain a city of the first class, they shall submit to theSecretary of State, within nine years after the certification is requiredto be submitted pursuant to this subdivision, an explanation of the city'splan to increase the city's population.(b) If a city of the first class has a populationof less than five thousand inhabitants but not less than four thousand inhabitants,as ascertained and officially promulgated by the most recent federal decennialcensus immediately following the census referred to in subdivision (a) ofthis subsection, the mayor of the city shall certify such fact to the Secretaryof State. If the mayor and city council of the city determine that it is inthe best interests of such city to become a city of the second class, themayor and city council shall adopt an ordinance to that effect and shall notifythe Secretary of State and notice and a copy of such ordinance shall accompanythe certification. If the Secretary of State receives such notification, heor she shall declare such city to be a city of the second class.(c) If a cityof the first class has a population of less than five thousand inhabitantsbut not less than four thousand inhabitants, as ascertained and officiallypromulgated by the most recent federal decennial census immediately followingthe census referred to in subdivision (b) of this subsection, the mayor ofthe city shall certify such fact to the Secretary of State. After receiptof such certification, the Secretary of State shall declare such city to bea city of the second class.(3) If a city of the first class has a populationof less than four thousand inhabitants but more than eight hundred inhabitants,as ascertained and officially promulgated by the most recent federal decennialcensus, the mayor of the city shall certify such fact to the Secretary ofState. After receipt of such certification, the Secretary of State shall declaresuch city to be a city of the second class.(4) Beginning on the date upon which a citybecomes a city of the second class pursuant to section 17-305, such city shallbe governed by the laws of this state applicable to cities of thesecond class. SourceLaws 1933, c. 112, § 1, p. 452; C.S.Supp.,1941, § 17-162; R.S.1943, § 17-301; Laws 1984, LB 1119, § 3; Laws 2002, LB 729, § 5; Laws 2010, LB919, § 1.Effective Date: April 2, 2010AnnotationsWhen it is definitely shown that a first-class city has decreased in population to less than five thousand inhabitants, the mayor of the city has a mandatory duty to certify such fact to the Governor. State ex rel. Cashman v. Carmean, 138 Neb. 819, 295 N.W. 801 (1941).