Chapter

30. ELECTED OFFICIALS; ORDINANCES

31. APPOINTED CITY OFFICIALS

32. DEPARTMENTS, BOARDS, AND COMMISSIONS

33. GENERAL PROVISIONS

34. ELECTIONS

35. FINANCE AND REVENUE

CHAPTER 30: ELECTED OFFICIALS; ORDINANCES

Section

General Provisions

30.01 Vacancies
30.02 Restrictions on other employment or elective office

Mayor

30.10 Selection and duties

City Council

30.20 Selection and duties
30.21 Council organization
30.22 President; acting president
30.23 Standing committees

Ordinances, Resolutions, and Motions

30.40 Grant of power
30.41 Introduction of ordinances
30.42 Procedure for resolutions and motions
30.43 Ordinances; style, title
30.44 Reading and passage of ordinances, resolutions, orders, bylaws
30.45 Publication or posting
30.46 Certificate of publication or posting
30.47 Effective date; emergency ordinances
30.48 Amendments and revisions

GENERAL PROVISIONS

§ 30.01 VACANCIES.

(A) Vacancies in city elected offices, other than the Mayor, shall be filled by the Mayor and City Council for the balance of the unexpired term except as provided in this section. Notice of a vacancy, except a vacancy resulting from the death of the incumbent, shall be in writing and presented to the Council at a regular or special meeting and shall appear as a part of the minutes of such meeting.

(B) The City Council shall at once give public notice of the vacancy by causing to be published in a newspaper of general circulation within the city or by posting in three public places in the city the office vacated and the length of the unexpired term.

(C) The Mayor shall within four weeks after the meeting at which such notice has been presented, or upon the death of the incumbent, call a special meeting of the City Council at which time the Mayor shall submit the name of a qualified elector to fill the vacancy for the balance of the unexpired term.

(D) No officer who is removed at a recall election or resigns after the initiation of the recall process shall be appointed to fill the vacancy resulting from his or her removal or the removal of any other member of the City Council during the remainder of his or her term of office.

(E) Upon a majority vote of approval by the City Council the vacancy shall be filled. If a majority vote is not reached, the nomination shall be rejected and the Mayor shall at the next regular meeting submit the name of another qualified elector. If the vote on the nominee fails to carry by majority vote, the Mayor shall continue at such meeting to submit the names of qualified electors and the City Council shall continue to vote upon such nominations until the vacancy is filled.

(F) The Mayor shall cast his or her vote only in case of a tie vote of the City Council.

(G) All City Councilmembers shall cast a ballot for or against each nominee.

(H) The Mayor and Council may, in lieu of filling a vacancy in a city office as provided above in this section, call a special municipal election to fill such vacancy.

(I) If there are vacancies in the offices of a majority of the members of the City Council, there shall be a special municipal election conducted by the Secretary of State to fill such vacancies.
(`88 Code, § 1-105)
Statutory reference:
Additional and similar provisions, see Neb. RS 32-567 through 32-572
Cross-reference:
Ineligibility of official subject to recall, see § 34.14(J)

§ 30.02 RESTRICTIONS ON OTHER EMPLOYMENT OR ELECTIVE OFFICE.

(A) The Mayor and members of the City Council shall hold no other elective or appointive office or employment with the city.

(B) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ELECTIVE OFFICE means any office which has candidates nominated or elected at the time of a statewide primary election, any office which has candidates nominated at the time of a statewide primary election and elected at the time of a statewide general election, any office which has candidates elected at the time of a statewide general election, any office which has candidates nominated or elected at a city or village election, and any office created by an act of the Legislature which has candidates elected at an election and includes an office which is filled at an election held in conjunction with the annual meeting of a public body created by an act of the Legislature.

HIGH ELECTIVE OFFICE means a member of the Legislature, an elective office described in article IV, section 1 or 20, or article VII, section 3 or 10, of the constitution of Nebraska, or a county, city, or school district elective office.
(Neb. RS 32-604(6))

(C) No candidate for member of the Legislature or an elective office described in article IV, section 1 or 20, or article VII, section 3 or 10, of the constitution of Nebraska shall be eligible to file as a candidate, to petition on the ballot as a candidate, to accept a nomination by a political party or by party convention, caucus, or committee to fill a vacancy, or to be a declared write-in candidate for more than one elective office to be filled at the same election except for the position of delegate to a county, state, or national political party convention. No candidate for any other high elective office shall be eligible to file as a candidate, to petition on the ballot as a candidate, to accept a nomination by a political party or by party convention, caucus, or committee to fill a vacancy, or to be declared a write-in candidate for more than one high elective office to be filled at the same election.
(Neb. RS 32-603)

(D) Except as provided in divisions (E) or (G) of this section, no person shall be precluded from being elected or appointed to or holding an elective office for the reason that he or she has been elected or appointed to or holds another elective office.

(E) No person serving as a member of the Legislature or in an elective office described in article IV, section 1 or 20, or article VII, section 3 or 10, of the constitution of Nebraska shall simultaneously serve in any other elective office, except that such a person may simultaneously serve in another elective office which is filled at an election held in conjunction with the annual meeting of a public body.

(F) Whenever an incumbent serving as a member of the Legislature or in an elective office described in article IV, section 1 or 20, or article VII, section 3 or 10, of the constitution of Nebraska assumes another elective office, except an elective office filled at an election held in conjunction with the annual meeting of a public body, the office first held by the incumbent shall be deemed vacant.
(G) No person serving in a high elective office shall simultaneously serve in any other high elective office.

(H) Notwithstanding divisions (E) through (G) of this section, any person holding more than one high elective office upon September 13, 1997, shall be entitled to serve the remainder of all terms for which he or she was elected or appointed.
(Neb. RS 32-604)
Statutory reference:
Merger of offices or employment, see Neb. RS 17-108.02
Cross-reference:
Conflicts of interest, see § 33.46

MAYOR

§ 30.10 SELECTION AND DUTIES.

(A) The Mayor shall preside at all meetings of the City Council, and may vote when his or her vote shall be decisive and the Council is equally divided on any pending matter, legislation, or transaction, and the Mayor shall, for the purpose of such vote, be deemed to be a member of the Council. He or she shall have superintendence and control of all the officers and affairs of the city, and shall take care that the ordinances of the city and all laws governing cities of the second class are complied with. The Mayor has no power to suspend the operation of an ordinance that contains no provision in itself empowering him or her so to do. The Mayor and Council have power to compromise and settle claims against the city. 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 or her 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 or her objections in writing at the next regular meeting of the Council, the same shall become a law without his or her signature.

(B) The duty of the Mayor is to guard and protect the rights of the city. The Mayor shall, from time to time, communicate to the City Council such information and recommend such measures as, in his or her opinion, may tend to the improvement of the finances, the police, health, security, ornament, comfort, and general prosperity of the city. The Mayor shall have the power, when he or she deems it necessary, to require any officer of the city to exhibit his or her accounts or other papers, and to make reports to the Council, in writing, touching any subject or matter pertaining to his or her office. The Mayor shall have such jurisdiction as may be vested in him or her by ordinance, over all places within five miles of the corporate limits of the city, for the enforcement of any health or quarantine ordinance and regulation thereof, and shall have jurisdiction in all matters vested in him or her by ordinance, excepting taxation, within one-half mile of the corporate limits of the city. The Mayor shall have power to remit fines and forfeitures, and to grant reprieves and pardons for all offenses arising under the ordinances of the city.

(C) The Mayor must sign all claims for the payment of money drawn when ordered by the City Council. He or she shall be elected at-large at the municipal election, and shall serve a four-year term of office. Any candidate for Mayor must be a resident of the city and registered voter. He or she shall also have such duties as the City Council may confer upon him or her and in any other matters as the laws of the state of Nebraska repose in him or her.
(Neb. RS 17-110 through 17-117, 17-121, 17-711) (`88 Code, § 1-101) (Ord. 462, passed 10-10-02) Statutory reference:
Authorizing and similar provisions, see Neb. RS 17-107, 17-110 through 17-117, and 32-533
Cross-reference:
Bond required, see § 33.30
Oath required, see § 33.31
Compensation, see § 33.45
Conflict of interest, see § 33.46

CITY COUNCIL

§ 30.20 SELECTION AND DUTIES.

The City Council shall consist of four members. The members of the City Council shall be elected and serve for a four-year term. The City Council shall be the legislative division of the municipal government and shall perform such duties and have such powers as may be authorized by law. The City Council shall maintain the peace, regulate business, protect the public health and safety, and assess such taxes and fees as are necessary and appropriate in the exercise of these functions.
(`88 Code, § 1-103)
Statutory reference:
Additional provisions, see Neb. RS 32-533
Cross-reference:
Restrictions on other employment or elective office, see § 30.02
Bond required, see § 33.30
Oath required, see § 33.31
Compensation, see § 33.45
Conflict of interest, see § 33.46

§ 30.21 COUNCIL ORGANIZATION.

City Councilmembers of this municipality shall take office and commence their duties on the first regular meeting in December following their election. The newly elected Councilmembers who have qualified as prescribed by law, together with the members of the City Council holding over, shall assemble in a regular meeting at the hour and place hereinafter prescribed and perfect the reorganization of the City Council as herein provided, and all appointive offices in which the terms of incumbents are expired shall be filled by appointment. After the meeting has been called to order, the Municipal Clerk shall report to the City Council the names of all City Councilmembers-elect who have qualified for their respective offices, and this report shall be spread upon the minutes of the meeting preceding the roll call. (`88 Code, § 1-104)
Statutory reference:
Councilmember qualifications, see Neb. RS 17-104
Cross-reference:
Change in office, see § 33.14
Organizational meeting, see § 33.15

§ 30.22 PRESIDENT; ACTING PRESIDENT.

The City Council shall elect one of its own body each year who shall be styled the President of the Council and who shall preside at all meetings of the City Council in the absence of the Mayor. In the absence of the Mayor and the President of the Council, the City Council shall elect one of its own body to occupy that place temporarily, who shall be styled Acting President of the Council. Both the President of the Council and the Acting President of the Council, when occupying the position of the Mayor, shall have the same privileges as the other members of the City Council, and all acts of the President of the Council, or Acting President of the Council, while so acting, shall be as binding upon the City Council, and upon the municipality as if done by the elected Mayor.
(Neb. RS 17-148) (`88 Code, § 1-102)
Cross-reference:
Change in office, see § 33.14
Organizational meetings, see § 33.15
Election of President pro tempore, see § 33.03

§ 30.23 STANDING COMMITTEES.

At the organizational meeting of the City Council, the Mayor shall appoint members of such standing committees as the City Council may by ordinance, or resolution, create. The membership of such standing committees may be changed at any time by the Mayor. The membership of the committees shall be appointed or reappointed each year unless otherwise provided by the City Council.
Statutory reference:
Powers of the Mayor, see Neb. RS 17-107

ORDINANCES, RESOLUTIONS, AND MOTIONS

§ 30.40 GRANT OF POWER.

The City Council may make all ordinances, bylaws, rules, regulations, and resolutions, not inconsistent with the laws of the state of Nebraska, as may be expedient for maintaining the peace, good government, and welfare of the municipality and its trade, commerce, and manufactories.
(Neb. RS 17-505) (`88 Code, § 1-601) (Ord. 393, passed 7-7-97)

§ 30.41 INTRODUCTION OF ORDINANCES.

Ordinances shall be introduced by members of the City Council in one of the following ways:

(A) With the recognition of the Mayor, a member may, in the presence and hearing of a majority of the members elected to the City Council, read aloud the substance of the proposed ordinance and file a copy with the Municipal Clerk for future consideration; or

(B) With the recognition of the Mayor, a member may present the proposed ordinance to the Clerk who, in the presence and hearing of a majority of the members elected to the City Council, shall read aloud the substance of the ordinance and file it for future consideration.
(`88 Code, § 1-602) (Ord. 394, passed 8-4-97)

§ 30.42 PROCEDURE FOR RESOLUTIONS AND MOTIONS.

Resolutions and motions shall be introduced in one of the methods prescribed for the introduction of ordinances. After their introduction, they shall be fully and distinctly read one time in the presence and hearing of a majority of the members elected to the City Council. The issue raised by the resolution or motion shall be disposed of in accordance with the usage of parliamentary law adopted for the guidance of the City Council. A majority vote shall be required to pass any resolution or motion. The vote on any resolution or motion shall be by roll call vote.
(`88 Code, § 1-603)

§ 30.43 ORDINANCES; STYLE, TITLE.

(A) Style. The style of all municipal ordinances shall be: “Be it ordained by the Mayor and Council of the City of Chappell, Nebraska:….”
(Neb. RS 17-613) (`88 Code, § 1-604)

(B) No ordinance shall contain a subject which is not clearly expressed in the title.
(Neb. RS 17-614) (`88 Code, § 1-605)
Statutory reference:
Additional requirements, see Neb. RS 17-614

§ 30.44 READING AND PASSAGE OF ORDINANCES, RESOLUTIONS, ORDERS, BYLAWS.

(A) Ordinances of a general or permanent nature shall be read by title on three different days unless ¾ of the City Council vote to suspend this requirement, except that such requirement shall not be suspended for any ordinance for the annexation of territory. In case such requirement is suspended, the ordinance shall be read by title and then moved for final passage. A reading of any ordinance in full may be required by ¾ of the City Council before enactment under either procedure set out in this section. All ordinances and resolutions or orders for the appropriation or payment of money shall require for their passage or adoption the concurrence of a majority of all members elected to the City Council.
(Neb. RS 17-614)

(B) On the passage or adoption of every bylaw or ordinance, and every resolution or order to enter into a contract by the City Council, the yeas and nays shall be called and recorded. To pass or adopt any bylaw, ordinance, or any such resolution or order a concurrence of a majority of the whole number of members elected to the City Council shall be required. All appointments of the officers by the City Council shall be made viva voce, and the concurrence of a like majority shall be required, and the names of those, and for whom they voted, on the vote resulting in an appointment, shall be recorded. The requirements of a roll call or viva voce vote shall be satisfied by a municipality which utilizes an electronic voting device which allows the yeas and nays of each member of the City Council to be readily seen by the public.
(Neb. RS 17-616)
(`88 Code, § 1-606) (Ord. 395, passed 8-4-97)

§ 30.45 PUBLICATION OR POSTING.

All ordinances of a general nature shall, before they take effect, be published one time, within 15 days after they are passed:

(A) In some newspaper published in the municipality or, if no paper is published in the municipality, then by posting a written or printed copy in each of three public places in the municipality; or

(B) In book or pamphlet form.
(Neb. RS 17-613) (`88 Code, § 1-607) (Ord. 396, passed 9-2-97)
Statutory reference:
Emergency ordinance, see Neb. RS 17-613
Additional provisions, see Neb. RS 18-131

§ 30.46 CERTIFICATE OF PUBLICATION OR POSTING.

The passage, approval, and publication or posting of an ordinance shall be sufficiently proved by a certificate under the seal of the municipality from the Municipal Clerk showing that the ordinance was passed and approved, and when and in what paper the ordinance was published, or when and by whom and where the ordinance was posted.
(Neb. RS 17-613) (`88 Code, § 1-608)
Statutory reference:
Passage, rules, and regulations, see Neb. RS 17-615

§ 30.47 EFFECTIVE DATE; EMERGENCY ORDINANCES.

(A) Except as provided in § 30.45 and division (B) of this section, an ordinance for the government of the municipality which has been adopted by the City Council without submission to the voters of the municipality shall not go into effect until 15 days after the passage of the ordinance.
(Neb. RS 19-3701)

(B) In the case of riot, infectious or contagious diseases, or other impending danger, failure of a public utility, or any other emergency requiring its immediate operation, an ordinance shall take effect upon the proclamation of the Mayor and the posting thereof in at least three of the most public places in the municipality. Such emergency ordinance shall recite the emergency, be passed by a ¾ vote of the City Council, and be entered of record on the Municipal Clerk's minutes.
(Neb. RS 17-613) (`84 Code, § 1-609) (Ord. 397, passed 9-2-97)

§ 30.48 AMENDMENTS AND REVISIONS.

No ordinance or section thereof shall be revised or amended unless the new ordinance contains the entire ordinance or section as revised or amended and the ordinance or section so amended is repealed, except that an ordinance revising all the ordinances of the municipality and modifications to zoning or building districts may be adopted as otherwise provided by law.
(Neb. RS 17-614) (`88 Code, § 1-610) (Ord. 401, passed 10-6-97)

CHAPTER 31: APPOINTED CITY OFFICIALS

Section

31.01 Appointment; removal
31.02 Merger of offices
31.03 Administrator-Clerk position created
31.04 City Administrator
31.05 Municipal Clerk
31.06 Municipal Treasurer
31.07 Treasurer’s reports
31.08 Municipal Attorney
31.09 Utilities Superintendent
31.10 Law Enforcement Officer
31.11 Municipal Fire Chief
31.12 Engineer
31.13 Special Engineer
31.14 Municipal Physician
31.15 Street Superintendent

§ 31.01 APPOINTMENT; REMOVAL.

(A) The Mayor, with the consent of the City Council, may appoint such officers as shall be required by ordinance or otherwise required by law. The Mayor, by and with the consent of the City Council, shall appoint such a number of regular police officers as may be necessary. The City Council may establish and provide for the appointment of members of a law enforcement reserve force as provided by law.

(B) All police officers and other appointed officials may be removed at any time by the Mayor, except that if the municipality has a municipal Water Commissioner, he or she may at any time, for sufficient cause, be removed from office by a 2/3 vote of the City Council.
(`88 Code, § 1-201) (Ord. 391, passed 7-7-97)
Statutory reference:
Appointments generally, see Neb. RS 17-107
Water Commissioner, see Neb. RS 17-541
Law enforcement reserve force, see Neb. RS 81-1438

§ 31.02 MERGER OF OFFICES.

The City Council may, at its discretion, by ordinance combine and merge any elective or appointive office or employment or any combination of duties of any such offices or employments, except Mayor and Councilmember, with any other elective or appointive office or employment so that one or more of such offices or employments or any combination of duties of any such offices or employments may be held by the same officer or employee at the same time. The offices or employments so merged and combined shall always be construed to be separate and the effect of the combination or merger shall be limited to a consolidation of official duties only. The salary or compensation of the officer or employee holding the merged or combined offices or employments or offices and employments shall not be in excess of the maximum amount provided by law for the salary or compensation of the office, offices, employment, or employments so merged and combined. For purposes of this section, volunteer firefighters and ambulance drivers shall not be considered officers.
(Neb. RS 17-108.02) (`88 Code, § 1-202)

§ 31.03 ADMINISTRATOR-CLERK POSITION CREATED.

(A) The appointive offices of City Administrator and Municipal Clerk are hereby combined and merged, in accordance with the authority granted to the City Council by § 31.02.

(B) The office so merged and combined shall always be construed to be separate, and the effect of the combination, or merger, shall be limited to a consolidation of official duties only.

(C) The salary of the officer holding the merged offices shall not be in excess of the maximum amount provided by law for the salary of the offices so combined.
(Neb. RS 17-108.02) (Ord. 459, passed 11-19-01)

§ 31.04 CITY ADMINISTRATOR.

(A) The City Administrator shall be appointed by the Mayor by and with the consent of a majority of the City Council. He shall be the administrative head of the municipal government under the direction and control of the Mayor and City Council and shall be responsible to the Mayor and City Council for the efficient conduct of his office.

(B) The duties of the City Administrator shall be as follows:

(1) He shall make and keep up to date an inventory of all property, real and personal, owned by the municipality.

(2) He shall act as purchasing agent for the purchase of all supplies, goods, wares and merchandise, equipment and material which may be required for the various departments, divisions or services of the municipality.

(3) He shall keep the Mayor and Council fully advised as to the financial conditions and needs of the municipality and shall be responsible for and prepare the annual estimate of expenditures for presentation to the Mayor and Council prior to the passage of the annual appropriation ordinance.

(4) To serve as public relations officer of the municipal government, and in such capacity to endeavor to investigate and adjust all complaints filed against any employee, department, division or service thereof and cooperate with all community organizations whose aim and purpose is to advance the best interests of the municipality and its people and to attend meetings of such organizations if in the judgment of the Administrator such attendance is necessary and desirable.

(5) To attend all meetings of the Council with the duty of reporting any matter concerning municipal affairs under his supervision or direction and to attend such other meetings of the municipal departments and officials as his duties may require.

(6) To analyze the functions, duties and activities of the various departments, divisions and services of the municipal government and of all employees thereof, and to make his recommendations regarding the same to the Mayor and Council.

(7) To carry out the Mayor and Council's recommendations in co-ordinating the administrative functions and operations of the various departments.

(8) To procure facts and submit long range improvements to the Mayor and Council.

(9) Recommend to the Mayor and Council the appointment and dismissal of all department heads over which he exercises jurisdiction. Appointment or dismissal of department heads will be made upon the recommendation of the Mayor and confirmation by the Council. The City Administrator may appoint and dismiss all subordinate employees of the Municipality, as well as provide for the transfer of such employees from one department to another.

(10) Recommend to the Mayor and Council for adoption of such measures and ordinances as are deemed necessary or expedient.

(11) Prepare and recommend to the Mayor and Council a classification and compensation plan.

(12) Make investigations into the affairs of the municipality and any department or division thereof, and any contract, or the proper performance of any obligation pertaining to the municipality.

(13) Exercise general supervision over all public buildings, streets and other public property which are under the control and jurisdiction of the Mayor and Council.

(14) Prepare and submit to the Mayor and Council as of the end of the fiscal year, a complete report on the finances and administrative activities of the municipality for the preceding year.

(15) Keep the insurable property of the municipality appropriately insured.

(16) Service in any appointed office or head of department within the municipal government if the need arises and when appointed thereto by the Mayor and Council and to hold and perform the duties thereof at the pleasure of the Mayor and Council.

(17) The City Administrator shall have the duty to keep open his office for public affairs during days and hours set by the Mayor and Council.

(18) Perform such other duties and exercise such other powers as may be delegated to him from time to time by ordinances or resolutions of the Mayor and Council.

(C) The salary of the City Administrator shall be fixed by ordinance of the Council, payable monthly.

(D) The City Administrator, in the discharge of his duties, shall have the right to expend an amount not to exceed $2,500 or the limits set forth in the applicable state law, pertaining to cities of the second class, entering into contracts for municipal work and improvements or purchase of equipment without advertising for bids and within said dollar limitation to make any contract on behalf of the municipality for general purchases, maintenance and improvements, the expenditure limitations herein to apply to all departments of the municipality.

(E) The City Administrator may be removed by a vote of a majority of all the members of the Council with the approval of the Mayor.

§ 31.05 MUNICIPAL CLERK.

(A) The Municipal Clerk shall attend the meetings of the City Council and keep a correct journal of the proceedings of that body. He or she shall keep a record of all outstanding bonds against the municipality and when any bonds are sold, purchased, paid, or canceled, said record shall show the fact. He or she shall make, at the end of the fiscal year, a report of the business of the municipality transacted through his or her office for the year. That record shall describe particularly the bonds issued and sold during the year and the terms of the sale, with each and every item and expense thereof. He or she shall file all official bonds after the same shall have been properly executed and approved. He or she shall make the proper certificate of passage which shall be attached to original copies of all bond ordinances hereafter enacted by the City Council.

(B) The Municipal Clerk shall issue and sign all licenses, permits, and occupation tax receipts authorized by law and required by the municipal ordinances. He or she shall collect all occupation taxes and license money, except where some other municipal officer is specifically charged with that duty. He or she shall keep a register of all licenses granted in the municipality and the purpose for which they have been issued.

(C) The Municipal Clerk shall permit no records, public papers, or other documents of the municipality kept and preserved in his or her office to be taken therefrom, except by such officers of the municipality as may be entitled to the use of the same, but only upon their leaving a receipt therefor. He or she shall keep all the records of his or her office, including a record of all licenses issued by him or her in a blank book with a proper index. He or she shall include as part of his or her records all petitions under which the City Council shall order public work to be done at the expense of the property fronting thereon, together with references to all resolutions and ordinances relating to the same. He or she shall endorse the date and hour of filing upon every paper or document so filed in his or her office. All such filings made by him or her shall be properly docketed. Included in his or her records shall be all standard codes, amendments thereto, and other documents incorporated by reference, and arranged in triplicate in a manner convenient for reference. He or she shall keep an accurate and complete account of the appropriation of the several funds, draw, sign, and attest all warrants ordered for the payment of money on the particular fund from which the same is payable. At the end of each month, he or she shall then make a report of the amounts appropriated to the various funds and the amount of the warrants drawn thereon. Nothing herein shall be construed to prevent any citizen, official, or other person from examining any public records at all reasonable times.

(D) (1) The Municipal Clerk shall deliver all warrants, ordinances, and resolutions under his or her charge to the Mayor for his or her signature. He or she shall also deliver to officers, employees, and committees all resolutions and communications which are directed at said officers, employees, or committees. With the seal of the municipality, he or she shall duly attest the Mayor's signature to all ordinances, deeds, and papers required to be attested to when ordered to do so by the City Council.

(2) Within 30 days after any meeting of the City Council, the Municipal Clerk shall prepare, and publish the official proceedings of the City Council in a legal newspaper of general circulation in the municipality, and which was duly designated as such by the City Council. Said publication shall set forth a statement of the proceedings thereof and shall also include the amount of each claim allowed, the purpose of the claim, and the name of the claimant, except that the aggregate amount of all payroll claims may be included as one item. Between July 15 and August 15 of each year, the employee job titles and the current annual, monthly, or hourly salaries corresponding to such job titles shall be published. Each job title published shall be descriptive and indicative of the duties and functions of the position. The charge for such publication shall not exceed the rates provided by the statutes of the state of Nebraska, Neb. RS 19-1102 and 23-122.
(Neb. RS 19-1102)

(3) Said publication shall be charged against the general fund.
(Neb. RS 19-1103)

(4) The Municipal Clerk shall then keep in a book with a proper index copies of all notices required to be published or posted by the Municipal Clerk by order of the City Council, or under the ordinances of the municipality. To each of the file copies of said notices shall be attached the printer's affidavit of publication, if the said notices are required to be published, or the Municipal Clerk's certificate under seal where the same are required to be posted only.
(Neb. RS 19-1102)

(E) The Municipal Clerk shall receive all objections to creation of paving districts and other street improvements. He or she shall receive the claims of any person against the municipality, and in the event that the said claim is disallowed in part, or in whole, the Municipal Clerk shall notify such claimant, his or her agent, or attorney by letter within five days after such disallowance, and the Municipal Clerk shall then prepare transcripts on appeals of any disallowance of a claim in all proper cases.

(F) The Municipal Clerk may charge a reasonable fee for certified copies of any record in his or her office as set by resolution of the City Council. He or she shall destroy municipal records under the direction of the state Records Board pursuant to Neb. RS 84-1201 through 84-1227, provided that the City Council shall not have the authority to destroy the minutes of the Municipal Clerk, the permanent ordinances, and resolution books, or any other records classified as permanent by the state Records Board.
(`88 Code, § 1-204)
Statutory reference:
Additional duties, see Neb. RS 17-605
Publication of proceedings of Council, see Neb. RS 19-1102 et seq.
Penalty on Clerk for violations of Neb. RS 19-1101 through 19-1103, see Neb. RS 19-1104
Publication rates, see Neb. RS 23-122 and Neb. RS 33-141 through 33-143
Examination of public records free of charge; obtaining records, see Neb. RS 84-712 et seq.
Records Management Act, see Neb. RS 84-1201 through 84-1227
Cross-reference:
Official corporate seal, see § 11.01

§ 31.06 MUNICIPAL TREASURER.

The Municipal Treasurer shall be the custodian of all moneys belonging to the municipality. He or she shall keep all money belonging to the municipality separate and distinct from his or her own money. He or she shall keep a separate account of each fund or appropriation, and the debits and credits belonging thereto. He or she shall give to every person paying money into the municipal treasury a receipt therefor, specifying the date of payment and the account paid. One copy of the receipt shall be filed with the Treasurer's monthly report, and another copy of the receipt shall be kept on file in his or her office. His or her books and accounts shall always be open for inspection by any citizen of the municipality whenever any municipal fiscal record, audit, warrant, voucher, invoice, purchase order, requisition, payroll check, receipt, or other record of receipt, cash, or expenditure involving public funds is involved. He or she shall cancel all bonds, coupons, warrants, and other evidences of debt against the municipality, whenever paid by him or her, by writing or stamping on the face thereof, “Paid by the Municipal Treasurer,” with the date of payment written or stamped thereon. He or she shall collect all special taxes, allocate special assessments to the several owners, and shall obtain from the County Treasurer a monthly report as to the collection of delinquent taxes. The Treasurer's daily cash book shall be footed and balanced daily, and he or she shall adopt such bookkeeping methods as the City Council shall prescribe. He or she shall invest and collect all money owned by or owed to the municipality as directed by the City Council.
(`88 Code, § 1-205)
Statutory reference:
Statutory duties, see Neb. RS 17-606 through 17-609
Free examination of public records; obtaining copies, see Neb. RS 84-712 et seq.

§ 31.07 TREASURER'S REPORTS.

(A) The Municipal Treasurer shall at the end of each and every month, and such other times as the City Council may deem necessary, render an account to the City Council under oath showing the financial state of the municipality at that date, the amount of money remaining in each fund and the amount paid therefrom, and the balance of money remaining in the Treasury. He or she shall accompany the said account with a statement of all receipts and disbursements, together with all warrants redeemed and paid by him or her. He or she shall also produce depository evidence that all municipal money is in a solvent and going bank in the name of the municipality. If the Municipal Treasurer shall neglect or fail for the space of ten days from the end of each and every month to render the accounts as aforesaid, the City Council shall by resolution declare the office vacant and appoint some person to fill the vacancy. The Municipal Treasurer shall be present at each regular meeting of the City Council, at which time he or she shall read and file his monthly report.
(`88 Code, § 1-206)

(B) The Municipal Treasurer shall prepare and publish annually in a legal newspaper having general circulation within the municipality, within 60 days following the close of the municipal fiscal year, a statement of the receipts and expenditures by funds of the municipality for the preceding fiscal year. (Neb. RS 19-1101) (`88 Code, § 1-207)
Statutory reference:
Statutory duties, see Neb. RS 17-606 through 17-609
Annual report required to be published, see Neb. RS 19-1101 and 19-1103

§ 31.08 MUNICIPAL ATTORNEY.

The Municipal Attorney is the municipality's legal advisor, and as such he or she shall commence, prosecute, and defend all suits on behalf of the municipality. When requested by the City Council, he or she shall attend meetings of the City Council and shall advise any municipal official in all matters of law in which the interests of the municipality may be involved. He or she shall draft such ordinances, bonds, contracts, and other writings as may be required in the administration of the affairs of the municipality. He or she shall examine all bonds, contracts, and documents on which the City Council will be required to act and attach thereto a brief statement in writing to all such instruments and documents as to whether or not the document is in legal and proper form. He or she shall prepare complaints, attend, and prosecute violations of the municipal ordinances when directed to do so by the City Council. Without direction, he or she shall appear and prosecute all cases for violation of the municipal ordinances that have been appealed to and are pending in any higher court. He or she shall also examine, when requested to do so by the City Council, the ordinance records and advise and assist the Municipal Clerk as much as may be necessary to the end that each procedural step will be taken in the passage of each ordinance to insure that they will be valid, and subsisting local laws in so far as their passage and approval are concerned. The City Council shall have the right to compensate the Municipal Attorney for legal services on such terms as the City Council and the Municipal Attorney may agree, and to employ any additional legal assistance as may be necessary out of the funds of the municipality.
(`88 Code, § 1-208)
Statutory reference:
Authorizing and similar provisions, see Neb. RS 17-610

§ 31.09 UTILITIES SUPERINTENDENT.

(A) A Utilities Superintendent shall be appointed in the event that there is more than one municipal utility and the City Council determines that it is in the best interest of the municipality to appoint one official to have the immediate control over all the said municipal utilities. Any vacancy occurring in the said office by death, resignation, or removal may be filled in the manner hereinbefore provided for the appointment of all municipal officials.

(B) The Utilities Superintendent's duties over the following departments shall be as stated herein:

(1) Water Department. He or she shall have general supervision and control over the municipal water system and shall be primarily responsible for its economic operation and prudent management. Included in the water system shall be the water plant, the pump house, all machinery, and appliances used in connection with producing and distributing water to inhabitants of the municipality. All actions, decisions, and procedures of the Utilities Superintendent shall be subject to the general directives and control of the City Council. The Utilities Superintendent shall have the general control and supervisory authority over all employees of the Water System which the City Council may from time to time hire to operate and maintain the system. Unless some other official is specifically designated, he or she shall collect all money received by the municipality on account of the system of waterworks and shall faithfully account for and pay over to the Municipal Treasurer all such money collected in the name of the municipality and receive a receipt from the Municipal Treasurer for the depository evidence of the faithful discharge of this duty. This receipt shall then be filed with the Municipal Clerk, and the second copy shall be kept by the Superintendent. He or she shall make a detailed report to the City Council at least once every six months of the condition of the water system, of all mains, pipes, hydrants, reservoirs, and machinery and such improvements, repairs, and extensions thereof as he or she may think proper. The report shall show the amount of receipts and expenditures on account thereof for the preceding six months. No money shall be expended for improvements, repairs, or extensions of the waterworks system except upon the recommendation of the Superintendent. The Utilities Superintendent shall provide a bond conditioned upon the faithful discharge of duties which shall amount to not less than the amount set by resolution of the City Council and on file in the office of the Municipal Clerk. He shall perform such additional duties as may be prescribed by the City Council.

(2) Sewer Department. The Utilities Superintendent shall have the immediate control and supervision over all the employees and property that make up the municipal sewer system, subject to the general control and directives of the City Council. He or she shall at least every six months make a detailed report to the City Council on the condition of the sewer system and shall direct their attention to such improvements, repairs, extensions, additions, and additional employees as he or she may believe are needed along with an estimate of the cost thereof. He or she shall have such other duties as the City Council may delegate. He or she shall issue permits for all connections to the municipal sewer system and inspect and supervise all repairs made to the system.

(3) Electric System. The Utilities Superintendent shall act as the Municipal Light Superintendent. The Municipal Light Superintendent shall have the immediate control and supervision over all employees and property that make up the Municipal Electric System, subject to the general control and directives of the City Council. He or she shall at least every six months, make a detailed report to the City Council on the condition of the electrical system, and shall direct their attention to such improvements, repairs, extensions, additions, and additional employees as he or she may believe are needed along with an estimate of the cost thereof. He or she shall have such other duties as the City Council may delegate to him or her.
(Neb. RS 17-107) (`88 Code, § 1-216)

(4) Electrical Inspector. The Utilities Superintendent acting as the Municipal Electrical Inspector shall enforce all laws relating to the installation of electrical wiring, and connections thereto. When acting in good faith, and without malice in the scope of his or her official duties, he or she shall not himself or herself be held personally liable for any damage that may accrue to persons, or property as the result of any act required by him or her, or by reason of any act or omission in the discharge of his or her duties. He or she shall, in the discharge of his or her official duties, and upon proper identification, have authority to enter into any building, structure, or premise at any reasonable hour. He or she shall perform such other duties, and issue any permits that the governing body may direct.
(`88 Code, § 1-219)

(5) Plumbing Inspector. The Utilities Superintendent acting as the Municipal Plumbing Inspector shall enforce all laws relating to the installation of plumbing and connections thereto. When acting in good faith, and without malice in the scope of his or her official duties, he or she shall not himself or herself be held personally liable for any damage that may accrue to persons, or property as the result of any act required by him or her or by reason of any act, or omission in the discharge of his or her duties. He or she shall, in the discharge of his or her official duties, and upon proper identification, have authority to enter into any building, structure, or premise at any reasonable hour. He or she shall perform such other duties and issue any permits that the governing body may direct.
(`88 Code, § 1-220)

(6) Landfill and waste. The Utilities Superintendent, acting as the Landfill Superintendent, shall have the immediate control and supervision of the Municipal Landfill, and of all dumping of garbage, refuse, waste, and rubbish thereon, subject to the general control and directives of the City Council. He or she shall at least every six months, make a detailed report to the City Council on the condition of the landfill, and shall direct their attention to such improvements, additions, and additional employees as he or she may believe are needed along with an estimate of the cost thereof. He or she shall issue dumping permits if the City Council should require them and shall inspect and supervise all work done to improve or extend the landfill. He or she shall have such other duties as the City Council may delegate to him or her. He or she may be removed at any time by the Mayor with the approval of a majority of the City Council.
(Neb. RS 17-107) (`88 Code, § 1-221)
Statutory reference:
Incentive payments to street superintendents, Neb. RS 39-2512
Water Commissioner required, Neb. RS 17-541

§ 31.10 LAW ENFORCEMENT OFFICER.

The Deuel County Sheriff shall direct the police work of the municipality and shall be responsible for the maintenance of law and order. He or she shall act as Health Inspector and Building Inspector, except in the event the municipality appoints another person to those offices. He or she shall file the necessary complaints in cases arising out of violations of municipal ordinances and shall make all necessary reports required by the municipal ordinances or the laws of the state of Nebraska.
Statutory reference:
Authority to contract with county for police services, see Neb. RS 19-3801

§ 31.11 MUNICIPAL FIRE CHIEF.

The municipal Fire Chief shall be elected by the members of the Fire Department. He or she shall enforce all laws and ordinances covering the prevention of fires; the storage and use of explosives and flammable substances; the installation of fire alarm systems; the maintenance of fire extinguishing equipment; the regulation of fire escapes; and the inspection of all premises requiring adequate fire escapes. He or she shall within two days investigate the cause, origin, and circumstances of fires arising within his or her jurisdiction. He or she shall, on or before the first day in April and October of each year, cause the secretary to file with the Municipal Clerk and the Clerk of the District Court a certified copy of the rolls of all members in good standing in their respective companies in order to obtain the exemptions provided by law. He shall have the power during the time of a fire and for a period of 36 hours thereafter to arrest any suspected arsonist or any person for hindering the department's efforts, conducting himself or herself in a noisy and disorderly manner, or any person who refuses to obey any lawful order by the Fire Chief or Assistant Fire Chief. The Fire Chief or an assistant in charge of operations at a fire may command the services of any person present at any fire in extinguishing the same or in the removal and protection of property. Failure to obey such an order shall be an offense punishable by a fine. The Fire Chief shall have the right to enter at all reasonable hours into buildings, and upon all premises within his or her jurisdiction for the purpose of examining the same for fire hazards and related dangers.
(`88 Code, § 1-212)
Statutory reference:
Authority to procure equipment, organize companies, and prescribe rules, see Neb. RS 17-147
Authority to enforce ordinances by imposing fine, see Neb. RS 17-505
Membership, rolls, and filings, see Neb. RS 35-102
Life insurance required, see Neb. RS 35-108
Investigations and reports required, see Neb. RS 81-506
Authority to conduct inspections, see Neb. RS 81-512

§ 31.12 ENGINEER.

The Municipal Engineer shall make all surveys, estimates, and calculations necessary to be made for the establishment of any public utilities and the costs of labor and materials therefor. He or she shall accurately make all plats, sections, and maps as may be necessary under the direction of the City Council. Upon request, he or she shall make estimates of the cost of labor and material which may be done or furnished by contract with the municipality and make all surveys, estimates, and calculations necessary to be made for the establishment of grades, building of culverts, sewers, electric light system, waterworks, power plant, public heating system, bridges, curbing, and gutters and the improvement of streets and erection and repair of buildings, and shall perform such other duties as the City Council may require.
(`88 Code, § 1-213)
Statutory reference:
Duties related to sewers, see Neb. RS 17-150 and 17-919
Duties related to annexation, see Neb. RS 17-405
Duties related to public works, see Neb. RS 17-568.01
Engineers and Architects Regulation Act, see Neb. RS 81-3401 through 81-3455

§ 31.13 SPECIAL ENGINEER.

The City Council may employ a Special Engineer to make or assist the Municipal Engineer in making any particular estimate, survey, or other work. The Special Engineer shall make a record of the minutes of his or her surveys and all other work done for the municipality. He or she shall, when directed by the City Council, accurately make all plats, sections, profiles, and maps as may be necessary in the judgment of the City Council. He or she shall, upon request of the City Council, make estimates of the costs of labor and material which may be done or furnished by contract with the municipality and make all surveys, estimates, and calculations necessary for the establishment of grades, bridges, building of culverts, sewers, electric light system, waterworks, power plant, public heating system, curbing and gutters, and the improvement of streets and erection and repair of buildings, and shall perform such other duties as the City Council may require. All records of the Special Engineer shall be public records which shall belong to the municipality and shall be turned over to his or her successor.
(`88 Code, § 1-214)
Statutory reference:
Duties related to sewers, see Neb. RS 17-150 and 17-919
Duties related to annexation, see Neb. RS 17-405
Authority to employ special engineers, see Neb. RS 17-568
Duties related to public works, see Neb. RS 17-568.01
Engineers and Architects Regulation Act, see Neb. RS 81-3401 through 81-3455

§ 31.14 MUNICIPAL PHYSICIAN.

The Municipal Physician shall be a member of the Board of Health of the municipality and perform the duties devolving upon the position as the medical advisor of the said board. In all injuries where a liability may be asserted against the municipality, the Municipal Physician shall immediately investigate the said injuries, the extent thereof, and the circumstances. He or she shall then report the results of the investigation with the name of the party injured and all other persons who may have personal knowledge of the matter. He or she shall make all physical examinations and necessary laboratory tests incident thereto and issue such health certificates as are required by ordinance. For the purpose of making examinations of the sanitary conditions of the property and the state of health of the inhabitants therein, he or she shall have the right at all reasonable hours to go upon and enter all premises, buildings, or other structures in the municipality. He or she shall perform such other duties as may be required by the laws of the state of Nebraska and the ordinances of the municipality. When ordered to do so by the City Council, he or she shall disinfect or fumigate the premises, or persons in or about the premises, when the premises are quarantined, and to call upon indigent sick persons and perform other professional services at the direction of the City Council. The Municipal Physician shall receive as compensation for services such sum as the City Council may from time to time set. He or she shall receive no compensation for services as a member of the Municipal Board of Health.
(`88 Code, § 1-209)
Statutory reference:
Board of Health created, see Neb. RS 17-121

§ 31.15 STREET SUPERINTENDENT.

(A) Public ways. The Municipal Street Superintendent shall, subject to the orders and directives of the City Council, have general charge, direction, and control of all work on the streets, sidewalks, culverts, and bridges of the municipality, and shall perform such other duties as the City Council may require. It shall be his or her responsibility to see that gutters and drains therein function properly, and that the same are kept in good repair. He or she shall, at the request of the City Council, make a detailed report to the City Council on the condition of the streets, sidewalks, culverts, alleys, and bridges of the municipality, and shall direct their attention to such improvements, repairs, extensions, additions, and additional employees as he or she may believe are needed to maintain a satisfactory street system in the municipality along with an estimate of the cost thereof. He or she shall issue such permits, and assume such other duties as the City Council may direct.
(Neb. RS 17-107, 17-119) (`88 Code, § 1-218)

(B) Parks. The Street Superintendent shall have general supervision and control over the municipal parks and shall be primarily responsible for their economic operation and prudent management.

(C) Cemetery. The Street Superintendent shall have general supervision and control over the municipal cemetery and shall be primarily responsible for its economic operation and prudent management.

CHAPTER 32: DEPARTMENTS, BOARDS, AND COMMISSIONS

Section

Boards and Commissions

32.01 Library Board
32.02 Planning Commission
32.03 Board of Adjustment
32.04 Board of Health
32.05 Board of Park Commissioners
32.06 Cemetery Board
32.07 Housing Agency
32.08 Rescue Squad Board

Utility Departments

32.20 Water department; operation and funding
32.21 Sewer department; operation and funding
32.22 Electrical system; operation and funding
32.23 Landfill; operation and funding

Fire Department

32.40 Operation and funding
32.41 Fire Chief
32.42 Membership
32.43 Records
32.44 Fires
32.45 Distant fires
32.46 Regular inspections
32.47 Special inspections
32.48 Notice of violation
32.49 Power of arrest
32.50 Fire investigation

Parks Department

32.70 Operation and funding
Cross-reference:
Meetings, see §§ 33.01 through 33.16
Tree Board, see § 96.02

BOARDS AND COMMISSIONS

§ 32.01 LIBRARY BOARD.

(A) The Mayor, with approval of a majority vote of the members of the City Council, shall appoint the Library Board. The Board shall consist of five members, who shall be residents in the municipality. The members of the Board shall serve a five-year term of office unless reappointed. It shall be the duty of the City Council, by a majority vote, to appoint or reappoint one member of the Board each year for a term of five years commencing at the time of the first meeting in January. Members of the Board are limited to two consecutive appointments on the Board. Each member shall serve until his or her successor is appointed and qualified. A vacancy occurring on such board by death, resignation, or disqualification of a member shall be filled for the remainder of such term at the next regular meeting of the City Council. Before entering upon his or her duties each member of the Board shall take an oath, to be filed with the City Clerk, that he or she will faithfully perform the duties of his or her office and will not in any manner be actuated or influenced therein by personal or political motives. The City Administrator, or designate, shall serve in an ex-officio capacity on the Board.

(B) No Board member shall receive any pay or compensation for any services rendered as a member of the Board. A majority of all the members of the Library Board shall constitute a quorum. The members of the Board, at its first meeting in each calendar year, shall elect from their own members a President and a Secretary. It shall be the duty of the Secretary to keep the full and correct minutes and records of all meetings and to file the same with the Municipal Clerk where they shall be available for public inspection at any reasonable time. The President shall have the power to release, upon full payment, any mortgage constituting a credit to the Library Fund and standing in the name of such Library Board. The President and Secretary in like manner, upon resolution duly passed and adopted by the Board, may renew any such mortgage.

(C) It shall be the duty of the Library Board to make and adopt such bylaws, rules, and regulations for its own guidance and for the government of the library as may be deemed necessary for its preservation and to maintain its usefulness and efficiency. It may contract to form an interlocal agreement with other political subdivisions. The Library Board shall have exclusive control of expenditures, of all money collected or donated to the credit of the Library Fund, of the renting and construction of any library building, and the supervision, care, and custody of the grounds, rooms, or buildings constructed, leased, or set apart for that purpose. The Board shall also have the power to purchase or lease grounds, to exercise the power of eminent domain, and to condemn real estate for the purpose of securing a site for a library building. The procedure to condemn property shall be exercised in manner set forth in Neb. R.S. 76-704 to 76-724 (Real Property). It may, by resolution, direct the sale and conveyance of any real estate owned by the library board or by the public library, which is not used for library purposes, or of any real estate so donated or devised to the Library Board or to the public library upon such terms as the Library Board may deem best. The Board shall have the power to erect, lease, or occupy an appropriate building for the use of such library and to appoint a suitable librarian and assistants, to fix their compensation, and to remove such appointees at the Board's pleasure. It shall have the power to fix and impose, by general rules, penalties and forfeitures for trespasses upon or injury to the library grounds, rooms, books, or other property, for failure to return any book, or for any violation of any bylaw, rule, regulation and to fix and impose reasonable fees, not to exceed the library's actual cost, for nonbasic services. The Board may exclude from the use of the library any person who willfully violates or refuses to comply with rules and regulations established for the government thereof.
(D) The Library Board shall on or before the second Monday in June in each year, make a report to the City Council of the condition its trust on June 1 of such year, showing all money received or expended; the number of books and periodicals on hand; newspapers and current literature subscribed for or donated to the library; the number of books and periodicals ordered by purchase, gift, or otherwise obtained during the year, and number lost or missing; the number of and character of books loaned or issued, with such statistics, information, and suggestions as it may deem of general interest, or as the city council may require, which report shall be verified by affidavit of the proper officers of such Board. All actions of the Board shall be subject to review and supervision of the City Council. No member of the City Council shall serve as a member of the Board while serving a term of office as a member of the City Council.
(`88 Code, § 2-101) (Ord. 446, passed 6-18-01)
Statutory reference:
Authority; regulations, see Neb. RS 51-202

§ 32.02 PLANNING COMMISSION.

(A) The Mayor, with approval of a majority vote of the members of the City Council shall appoint the Planning Commission. The Commission shall consist of five members, who shall be resident free holders in the municipality, and who shall represent, insofar as is possible, the different professions or occupations in the municipality. The Commission shall also consist of one alternate member chosen by the same method as the regular members, and with the same requirements. The alternate member may attend any meeting and may serve as a voting and participating member of the Commission at any time when less than the full number of regular Commission members are present and capable of voting. Two of the regular Commissioners may be residents of the ½ mile area over which the municipality is authorized to exercise extra-territorial zoning and subdivision regulation. The members of the Commission shall serve a three-year term of office unless reappointed. It shall be the duty of the City Council, by a majority vote, to appoint or reappoint 1/3 of the Commission each year (plus the alternate position every third year) for a term of three years commencing at the time of the first meeting in January. Members of the board are limited to two consecutive appointments on the Commission. Each member shall serve until his successor is appointed and qualified. A vacancy occurring on such board by death, resignation, or disqualification of a member shall be filled for the remainder of such term by the Mayor. Before entering upon his or her duties each member of the Board shall take an oath, to be filed with the City Clerk, that he or she will faithfully perform the duties of his or her office and will not in any manner be actuated or influenced therein by personal or political motives. The City Administrator, or designate, shall serve in an ex-officio capacity on the Commission.

(B) No member shall receive any pay or compensation for any services rendered as a member of the Board. A majority of all the members of the Planning Commission shall constitute a quorum. The Commission shall hold at least one regular meeting in each calendar quarter. The City Council may require the Commission to meet more frequently. The members of the Commission, at its first meeting in each calendar year, shall elect from their own members a Chairperson and a Secretary. The Chairperson may call for a meeting when necessary to deal with business pending before the Commission. It shall be the duty of the Secretary to keep the full and correct minutes and records of all meetings and to file the same with the Municipal Clerk where they shall be available for public inspection at any reasonable time.

(C) It shall be the duty of the Planning Commission to adopt rules and regulations for the transaction of business and keep a record of its resolutions, transactions, findings, and determinations, which shall be a public record. The Planning Commission shall make and adopt plans for the physical development of the municipality, including any areas outside its boundaries, which in the Commission's judgment, bear relation to the planning of the municipality (including a comprehensive development plan). The Commission shall prepare and adopt such implemental means as a capital improvement program, subdivision regulations, building codes, and a zoning ordinance, and consult with and advise public officials and agencies, public utilities, civic organizations, educational institutions, and citizens with relation to the promulgation and implementation of the comprehensive development plan and its implemental programs. The Commission may delegate authority to any such group to conduct studies and make surveys for the Commission, make preliminary reports on its findings, and hold public hearings before submitting its final reports.

(D) The City Council shall not take final action on matters relating to the comprehensive development plan, capital improvements, building codes, subdivision development, the annexation of territory, or zoning, until it has received the recommendation of the Planning Commission. The City Council shall set a reasonable time of two months within which the recommendation from the Planning Commission is to be received.

(E) The Commission may, with consent of the City Council, in its own name, do any of the following:

(1) Make and enter into contracts with public or private bodies;

(2) Receive contributions, bequests, gifts, or grant funds from public or private sources;

(3) Expend the funds appropriated to it by the municipality;

(4) Employ agents and employees; and

(5) Acquire, hold, and dispose of property.

(F) The Commission may, on its own authority, make arrangements consistent with its program, conduct, or sponsor special studies or planning work for any public body or appropriate agency, receive grants, remuneration, or reimbursement for such studies or work, and at its public hearings, summon witnesses, administer oaths, and compel the giving of testimony. The Commission may grant conditional uses or special exceptions to property owners for the use of their property, if the City Council has approved the standards and procedures adopted by the Commission for equability and judiciously granting such conditional uses or special exceptions. The granting of a conditional use permit or special exception shall only allow property owners to put their property to a special use if it is among those uses specifically identified in the zoning ordinance as classifications of uses which may require special conditions or requirements to be met by the owners before a use permit or building permit is authorized. The power to grant conditional uses or special exceptions shall be the exclusive authority of the Commission. All actions of the Board shall be subject to review and control by the City Council.

(G) No member of the City Council, or any municipal office holder, shall serve as a member of the Commission while serving during term of office.
(`88 Code, § 2-102) (Ord. 423, passed 8-16-99; Am. Ord. 450, passed 7-16-01)
Statutory reference:
General provisions; Planning Commissions regulated, see Neb. RS 19-924 through 19-929

§ 32.03 BOARD OF ADJUSTMENT.

(A) The Mayor shall appoint, with the consent of the City Council, a Board of Adjustment, which shall consist of five regular members plus one additional member designated as an alternate who shall attend and serve only when one of the regular members is unable to attend for any reason. Each member shall be appointed for a term of three years and shall be removable for cause by the Mayor upon written charges and after public hearings. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. One member only of the Board of Adjustment shall be appointed from the membership of the Planning Commission, and the loss of membership on the Planning Commission by such member shall also result in his or her immediate loss of membership on the Board of Adjustment and the appointment of another Planning Commissioner to the Board of Adjustment. If the Board does not include a member who resides in the extraterritorial zoning jurisdiction of the city, the first vacancy occurring on the Board of Adjustment after the effective date of this section shall be filled by the appointment of a person who resides in the extraterritorial zoning jurisdiction of the city at such time as more than 200 persons reside within such area. Thereafter, at all times, at least one member of the Board of Adjustment shall reside outside the corporate boundaries of the city but within its extraterritorial zoning jurisdiction. Neither the Mayor nor any member of the City Council shall serve as a member of the Board of Adjustment.

(B) The members of the Board shall serve without compensation and may be required, in the discretion of the City Council, to give a bond in a sum set by resolution of the City Council and conditioned upon the faithful performance of their duties. The Board shall organize at its first meeting each year after the City Council meeting when appointments are regularly made and shall elect from its membership a Chairperson and Secretary. No member of the Board of Adjustment shall serve in the capacity of both Chairperson and Secretary of the Board.

(C) The Board shall adopt rules in accordance with the provisions of this section and Neb. RS 19-901 to 19-914. Meetings of the Board shall be held at the call of the chairperson and at such other times as the Board may determine. Special meetings may be also held upon the call of any three members of the Board. A majority of the Board shall constitute a quorum for the purpose of doing business. The chairperson, or in his or her absence the acting chairperson, may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public. It shall be the duty of the Secretary to keep complete and accurate minutes of the Board's proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and to keep records of the Board's examinations and other official actions, all of which shall be immediately filed in the office of the Board and shall be public record. The Board shall be responsible for making such reports and performing such other duties as the Mayor and City Council may designate.
(Neb. RS 19-908)

(D) Appeals to the Board may be taken by any person aggrieved or by any officer, department, board, or bureau of the city affected by any decision of the administrative officer. Such appeal shall be taken within a reasonable time, as provided by the rules of the Board, by filing with the officer from whom the appeal is taken and with the Board a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken. An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Board, after the notice of appeal shall have been filed with him or her, that by reason of facts stated in the certificate a stay would, in his or her opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board or by a court of record on application on notice to the officer from whom the appeal is taken and on due cause shown. The Board shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney.
(Neb. RS 19-909)

(E) The Board shall have only the following powers:

(1) To hear and decide appeals when it is alleged there is error in any order, requirement, decision, or determination made by an administrative official or agency based on or made in the enforcement of any zoning regulation or any regulation relating to the location or soundness of structures, except that the authority to hear and decide appeals shall not apply to decisions made by the City Council or Planning Commission regarding a conditional use or special exception;

(2) To hear and decide, in accordance with the provisions of any zoning regulation, requests for interpretation of any map; and

(3) When by reason of exceptional narrowness, shallowness, or shape of a specific piece of property at the time of the enactment of the zoning regulations, or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition of such piece of property, the strict application of any zoning regulation would result in peculiar and exceptional practical difficulties to or exceptional and undue hardships upon the owner of such property, to authorize, upon an appeal relating to the property, a variance from such strict application so as to relieve such difficulties or hardship, if such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of any ordinance or resolution.

(F) No such variance shall be authorized by the Board unless it finds that:

(1) The strict application of the zoning regulation would produce undue hardship;

(2) Such hardship is not shared generally by other properties in the same zoning district and the same vicinity;

(3) The authorization of such variance will not be of substantial detriment to adjacent property and the character of the district will not be changed by the granting of the variance; and

(4) The granting of such variance is based upon reason of demonstrable and exceptional hardship as distinguished from variations for purposes of convenience, profit, or caprice. No variance shall be authorized unless the Board finds that the condition or situation of the property concerned or the intended use of the property is not of so general or recurring a nature as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to the zoning regulations.

(G) In exercising the powers granted in this section, the Board may, in conformity with Neb. RS 19-901 to 19-915, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from, and may make such order, requirement, decision, or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken. The concurring vote of four members of the Board shall be necessary to reverse any order, requirement, decision, or determination of any such administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under any such regulation or to effect any variation in such regulation.
(Neb. RS 19-910)

(H) Appeals from a decision by the Board may be taken as provided in Neb. RS 19-912.

§ 32.04 BOARD OF HEALTH.

The Mayor, with approval of a majority vote of the members of the City Council, shall appoint a Board of Health which shall consist of four members. The members of the Board shall include the Mayor, who shall serve as chairperson; the County Sheriff, who shall serve as secretary and quarantine officer; a physician who shall serve as the medical advisor; and the President of the City Council. The members of the Board shall serve, without compensation, a one year term of office, unless reappointed, and shall reorganize at its meeting each year after the City Council meeting when appointments are regularly made, and select a member to serve as Secretary. It shall be the duty of the secretary to keep the full and correct minutes and records of all meetings and to file the same with the Municipal Clerk where they shall be available for public inspection at any reasonable time. The Board of Health shall be funded by the City Council from time to time out of the general fund. A majority of the Board shall constitute a quorum for the purpose of doing business. The Board shall meet at such times as the City Council may designate. Special meetings may be held upon the call of the chairperson, or any two members of the Board. It shall be the duty of the Board to enact rules and regulations which shall have the full force and effect of law, to safeguard the health of the residents of the municipality. Included in the duties of the Board shall be to enforce the rules and regulations, and to provide fines and punishments for any violations thereof. It may regulate, suppress, and prevent the occurrence of nuisances and shall actively enforce all laws of the state of Nebraska and ordinances of the municipality relating to matters of sanitation which affect the health and safety of the people. The Board shall regularly inspect such premises and businesses as the City Council may direct. All members of the Board shall be responsible for making such reports and performing such other duties as the City Council may, from time to time, designate. No member of the Board of Health shall hold more than one Board of Health position.
(`88 Code, § 2-110) (Ord. 409, passed 12-15-97)
Statutory reference:
Authority, see Neb. RS 17-121

§ 32.05 BOARD OF PARK COMMISSIONERS.

(A) The Mayor, with approval of a majority vote of the members of the City Council, shall appoint the Board of Park and Recreation Commissioners. The Board shall consist of six members, who shall be residents in the municipality. A tie vote, if it occurs, of such Board shall be broken by the Mayor. The members of the Board shall serve a three-year term of office unless reappointed. It shall be the duty of the City Council, by a majority vote, to appoint or reappoint one-third of the Board each year for a term of three years commencing at the time of the first meeting in January. Members of the Board are limited to two consecutive appointments on the Board. Each member shall serve until his or her successor is appointed and qualified. A vacancy occurring on such Board by death, resignation, or disqualification of a member shall be filled for the remainder of such term at the next regular meeting of the City Council. Before entering upon his or her duties, each member of the Board shall take an oath, to be filed with the City Clerk, that he or she will faithfully perform the duties of his or her office and will not in any manner be actuated or influenced therein by personal or political motives. The City Administrator, or designate, shall serve in an ex-officio capacity on the Board.

(B) No member shall receive any pay or compensation for any services rendered as a member of the Board. A majority of all the members of the Board of Park and Recreation Commissioners shall constitute a quorum. The members of the Board, at its first meeting in each calendar year, shall elect from their own members a Chairperson and a Secretary. It shall be the duty of the Secretary to keep the full and correct minutes and records of all meetings and to file the same with the Municipal Clerk where they shall be available for public inspection at any reasonable time.

(C) It shall be the duty of the Board of Park and Recreation Commissioners to establish rules for, lay out, improve, beautify, and design all grounds, bodies of water, and buildings owned or acquired for public parks and recreational facilities, and for program planning and leadership of recreational activities, to the extent that funds may be provided for such purposes. The Board shall also have the duty of continued study and promotion of the needs of such city for additional park and recreational facilities. The Board shall also serve as the City Tree Board. It shall be the Board of Park and Recreation Commissioners duty, under the auspices of the City Tree Board, to develop and/or review annually and update as necessary a long-range plan for the urban forest of the city; to review annual plans for the city’s urban forest program; to advise on matters concerning trees and related resources; and to coordinate or conduct special projects for the betterment of the urban forest (these projects shall be included in annual plans). The Board of Park and Recreation Commissioners shall have the authority to establish a Lake Park Committee consisting of representatives of organizations within the municipality that wish to participate. Each organization will nominate their representative for appointment to the committee, subject to the approval by the City Council. All actions of the Board shall be subject to review and control by the City Council. No member of the City Council shall serve as a member of the Board while serving a term of office as a member of the City Council.
(Neb. RS 17-952) (`88 Code, § 2-103) (Ord. 415, passed 5-4-98; Am. Ord. 458, passed 11-5-01)
Statutory reference:
Authority, see Neb. RS 17-952

§ 32.06 CEMETERY BOARD.

(A) The Mayor, with approval of a majority vote of the members of the City Council, shall appoint the Cemetery Board. The Board shall consist of six members, who shall be residents in the municipality. The members of the Board shall serve a three-year term of office unless reappointed. It shall be the duty of the City Council, by a majority vote, to appoint or reappoint 1/3 of the Board each year for a term of three years commencing at the time of the first meeting in January. Members of the board are limited to two consecutive appointments on the Board. Each member shall serve until his or her successor is appointed and qualified. A vacancy occurring on such Board by death, resignation, or disqualification of a member shall be filled for the remainder of such term at the next regular meeting of the City Council. Before entering upon his or her duties each member of the Board shall take an oath, to be filed with the City Clerk, that he will faithfully perform the duties of his or her office and will not in any manner be actuated or influenced therein by personal or political motives. The City Administrator, or designate, shall serve in an ex-officio capacity on the Board. No member shall receive any pay or compensation for any services rendered as a member of the Board.

(B) A majority of all the members of the Cemetery Board shall constitute a quorum. The members of the Board, at its first meeting in each calendar year, shall elect from their own members a President and a Secretary. It shall be the duty of the secretary to keep the full and correct minutes and records of all meetings and to file the same with the Municipal Clerk where they shall be available for public inspection at any reasonable time.

(C) It shall be the duty of the Cemetery Board to have the authority for the general care, management, improvement, beautifying, and welfare of such cemetery, and employ such labor and assistants as may be necessary. Said labor and assistants may not belong to the Cemetery Board or the City Council. The Board shall draw warrants against such cemetery fund, and the City Treasurer out of such fund shall pay warrants so drawn. The Cemetery Board is authorized and empowered to receive by gift, grant, deed of conveyance, bequest or devise, money, stocks, bonds, or other valuable income-producing personal property, or any real estate, from any person, firm, or corporation, for the purpose of endowing such cemetery, mausoleum, or burial place with a permanent fund. All actions of the Board shall be subject to review and control by the City Council. No member of the City Council shall serve as a member of the Board while serving a term of office as a member of the City Council.
(Neb. RS 12-401 - 12-403) (`88 Code, § 2-104) (Ord. 445, passed 6-18-01)

§ 32.07 HOUSING AGENCY.

(A) The Mayor, with approval of a majority vote of the members of the City Council, shall appoint the Housing Agency. The agency shall consist of five-adult persons, who shall be residents in the area of operation over which the Housing Agency shall exist, and such persons shall be called the Commissioners. The Agency’s area of operation shall be the city and the area within ten miles from the territorial boundaries thereof. The Commission shall, within the five members, consist of one resident commissioner and one City Council member. The members of the Commission shall serve a five-year term of office unless reappointed. It shall be the duty of the Mayor, with approval by the City Council, by a majority vote, to appoint or reappoint one member each year of the agency for a term of five years commencing at the time of the first meeting in January. Members of the agency are limited to two consecutive appointments on the Commission. Each member shall serve until his or her successor is appointed and qualified. The resident commissioner shall no longer serve as a Commissioner if his or her status as a recipient of direct assistance from the Agency is halted. The City Council Commissioner shall no longer serve as a Commissioner if his or her status as a member of the City Council is halted. A vacancy occurring on such agency by death, resignation, or disqualification of a member shall be filled for the remainder of such term at the next regular meeting of the City Council. No person who has been convicted of a felony shall be eligible for appointment or service as a Commissioner. A certificate of the appointment or reappointment of any Commissioner shall be filed with the City Clerk, which shall serve as conclusive evidence of the proper appointment of such Commissioner. The City Administrator, or designate, shall serve in an ex-officio capacity on the Commission.

(B) No Commissioner shall receive any compensation for any his or her services, but shall be entitled to reimbursement for necessary expenses, incurred in connection with the discharge of his or her duties. A majority of all the members of the Housing Agency shall constitute a quorum. Action may be taken by the agency upon the vote of a majority of the Commissioners present and voting, except for any matter with respect to which the bylaws of the agency require a higher number. The Mayor in the manner prescribed hereinafter may remove a Commissioner for neglect of duty, misconduct in office or conviction of any felony. The Mayor shall send a notice of removal to such Commissioner, which notice shall set forth the charges against him or her. Unless within ten days from the receipt of such notice, the Commissioner files with the City Clerk a request for a hearing before the City Council, the Commissioner shall be deemed removed from office. If a request for hearing is so filed, the City Council of the municipality shall hold a hearing not sooner than ten days after the date a hearing is requested, at which hearing the Commissioner shall have the right to appear in person or by counsel and the City Council shall determine whether the removal shall be upheld. If the removal is not upheld, the Commissioner shall continue to hold his or her office. The members of the Commission, at its first meeting in each calendar year, shall elect from their own members a Chairperson and a Vice-Chairperson.

(C) The Housing Agency shall possess all powers necessary, convenient, or desirable in carrying out the purposes of the Nebraska Housing Agency Act. It shall be the duty of the Housing Agency to employ an executive director, who shall also serve as ex-officio secretary to the agency. It shall be the duty of the Secretary to keep the full and correct minutes and records of all meetings and to file the same with the Municipal Clerk where they shall be available for public inspection at any reasonable time. The agency may also employ legal counsel or engage the City Attorney for such legal services as the agency may require, unless such employment or engagement will result in an ethical or legal violation. The agency may employ accountants, appraisers, technical experts, and such other officers, agents, or employees as the agency may require and shall determine their qualifications, duties, compensation, and terms of office. It may also delegate to one or more of its agents or employees such powers and duties, as it may deem proper. The Agency shall have perpetual existence unless terminated by proper authority as provided by law. It may sue, and be sued; adopt a seal and alter such seal from time to time; adopt, amend, repeal, and restate bylaws; adopt, promulgate, and enforce rules and regulations related to carrying out the purposes of the local housing agency, exercising those powers, and amending or repealing such rules and regulations from time to time; issue bonds or other debt instruments; to secure the repayment of such bonds or debt instruments; to enter into interagency and intergovernmental agreements; other powers shall include the powers enumerated in Neb. RS 71-15,113. Within six months after the end of each fiscal year, the Housing Agency shall prepare a report summarizing the agency’s activities for the year then ended. The report shall contain financial statements depicting the financial condition of the agency, its assets and liabilities, and the results of its operations for the year then ended. The report shall be approved by the Agency’s Board of Commissioners and signed by the Chairperson. The annual report shall be a public record that is available for inspection at the office of the Housing Agency and the City Clerk’s office.
(Neb. RS 71-1594 through 71-15,158) (`88 Code, § 2-105) (Ord. 463, passed 1-10-02)

§ 32.08 RESCUE SQUAD BOARD.

(A) The Mayor, with approval of a majority vote of the members of the City Council, shall appoint the Rescue Squad Board. The Board shall consist of 5 adult persons, who shall be residents in the rescue district. The Board shall, within the 5 members, consist of 1 appointee from the ambulance squad and 1 appointee from the fire squad, to serve a 1 year term; and have 3 members from the district that serve 4 year terms unless reappointed. The Board shall also have two alternate members, 1 from the ambulance squad and 1 from the fire squad; these members shall have the same requirements as the regular members. The alternate members may attend any meeting and may serve as a voting and participating member of the Board at any time when their regular counterpart is absent and/or incapable of voting. It shall be the duty of the City Council, by a majority vote, to appoint or reappoint members for a term of 4 years. Each member shall serve until his/her successor is appointed and qualified. The ambulance squad designee shall no longer serve as a Board member if his/her status as a member of the ambulance squad is halted. The fire squad designee shall no longer serve as a Board member if his/her status as a member of the fire squad is halted. A vacancy occurring on such Board by death, resignation, or disqualification of a member shall be filled for the remainder of such term at the next regular meeting of the City Council. No Board member shall receive any compensation for any services, but shall be entitled to reimbursement for necessary expenses, incurred in connection with the discharge of his or her duties.

(B) A majority of all the members of the Rescue Squad Board shall constitute a quorum. The members of the Board, at its first meeting in each calendar year, shall elect from their own members a Chairperson and a Secretary. The Chairperson, or 3 Board members, may call for a meeting when necessary to deal with business pending before the Board. It shall be the duty of the secretary to keep the full and correct minutes and records of all meetings and to file the same with the City Clerk, where they shall be available for public inspection at any reasonable time.

(C) It shall be the duty of the Rescue Squad Board to have oversight of all ambulance and fire personnel, equipment, and facilities belonging to the city. The Board shall establish appropriate rules and regulations for the management, use, and operation of the same, and regularly review the rules and regulations for continued usefulness and effectiveness. All actions of the Board shall be subject to review and control by the City Council. No member of the City Council shall serve as a member of the Board while serving a term of office as a member of the City Council.
(`88 Code, § 2-107) (Ord. 373, passed 3-6-95; Am. Ord. 486, passed 10-6-03)

UTILITY DEPARTMENTS

§ 32.20 WATER DEPARTMENT; OPERATION AND FUNDING.

The municipality owns and operates the water department through the City Council or its authorized agent. The City Council, for the purpose of defraying the cost of the care, management, and maintenance of the water department may each year levy a tax not exceeding the maximum limit prescribed by state law, on the taxable value of all taxable property within the corporate limits that is subject to taxation. The revenue from the tax shall be known as the water fund and shall remain in the custody of the Municipal Treasurer. The City Council or its authorized agent shall have the direct management and control of the water department. The City Council shall have the authority to adopt rules and regulations for the sanitary and efficient management of the water department. The City Council shall set the rates to be charged for services rendered and shall file a copy of the rates in the office of the Municipal Clerk for public inspection at any reasonable time.
(`88 Code, § 3-101)
Statutory reference:
Waterworks acquisition and construction authorized, see Neb. RS 17-531
Bonds, interest, and taxing authority, see Neb. RS 17-534
Public utility extension and improvements, see Neb. RS 19-1305
Cross-reference:
Water regulations, see Chapter 51

§ 32.21 SEWER DEPARTMENT; OPERATION AND FUNDING.

(A) The municipality owns and operates the municipal sewer system through the City Council or its authorized agent.

(B) For the purpose of defraying the cost of the maintenance and repairing of any sewer or water utilities in the municipality, the City Council may each year levy a tax not exceeding the maximum limit prescribed by state law on the taxable value of all the taxable property in the municipality. The revenue from the tax shall be known as the water and sewer maintenance fund and shall be used exclusively for the purpose of maintenance and repairs of the water and sewer system.

(C) The City Council or its authorized agent shall have the direct management and control of the Sewer Department, shall faithfully carry out the duties of the office, and shall have the authority to adopt rules and regulations for the sanitary and efficient management of the department subject to the supervision and review of the City Council. The City Council shall set the rates to be charged for services rendered by ordinance and shall file a copy of the rates in the office of the Municipal Clerk for public inspection at any reasonable time.
(`88 Code, § 3-201)
Statutory reference:
Sewage and drainage districts; authority to regulate, see Neb. RS 17-149
Taxing authority, see Neb. RS 17-925.01
Cross-reference:
Sewer regulations, see Chapter 52

§ 32.22 ELECTRICAL SYSTEM; OPERATION AND FUNDING.

The municipality owns and operates the electrical system through the City Council or its authorized agent. The City Council, for the purpose of defraying the cost of the care, management, and maintenance of the electrical system may each year levy a tax not exceeding the maximum limit prescribed by state law, on the taxable value of all taxable property within the corporate limits that is subject to taxation. The revenue from the tax shall be known as the electrical fund and shall remain in the custody of the Municipal Treasurer. The City Council or its authorized agent shall have the direct management and control of the electrical system. The City Council shall have the authority to adopt rules and regulations for the sanitary and efficient management of the electrical system.
(`88 Code, § 3-1101)

§ 32.23 LANDFILL; OPERATION AND FUNDING.

The municipality owns and operates the municipal landfill through the Street Superintendent or his or her authorized agent. The City Council, for the purpose of defraying the cost of the care, management, and maintenance of the landfill may each year levy a tax not exceeding the maximum limit prescribed by state law, on the taxable value of all taxable property within the corporate limits that is subject to taxation. The revenue from the tax shall be known as the landfill fund and shall remain in the custody of the Municipal Treasurer. The Street Superintendent or his or her authorized agent shall have the direct management and control of the landfill. The Street Superintendent shall have the authority to adopt rules and regulations for the sanitary and efficient management of the landfill.
(`88 Code, § 3-1001)

FIRE DEPARTMENT

§ 32.40 OPERATION AND FUNDING.

The municipality operates the Municipal Fire Department through the Municipal Fire Chief and Fire Fighters. The City Council, for the purpose of defraying the cost of the management, maintenance, and improving the Fire Department may each year levy a tax not exceeding the maximum limits prescribed by state law on the taxable value of all taxable property within the municipality. The revenue from the tax shall be known as the Fire Department Fund. The Fund shall be at all times in the possession of the Municipal Treasurer.
(`88 Code, § 3-401)
Statutory reference:
Authority to create; operation, see Neb. RS 17-147
Taxing authority, see Neb. RS 17-718
Fire station creation and maintenance, see Neb. RS 17-953

§ 32.41 FIRE CHIEF.

The Fire Chief shall manage the Fire Department, and it shall be his or her duty to inform the City Council when any of the fire engines, hose, ladders, or other apparatus needs repair. Upon the written consent and directive of the City Council, the Fire Chief shall cause the repair, improvement, or maintenance of the equipment and shall personally supervise and approve of the same. It shall be the duty of the Fire Chief to come before the City Council at the regular meeting in January of each year to give an annual report to the City Council of the general condition and the proposed additions or improvements recommended by him or her.
(`88 Code, § 3-402)
Statutory reference:
Appointment, see Neb. RS 17-107

§ 32.42 MEMBERSHIP.

The Fire Chief shall appoint no more than 25 members for each Fire Department Company subject to the review and approval of the City Council. All vacancies shall be filled in this manner. The members shall be considered to be employees of the municipality for the purpose of providing them with workers' compensation and other benefits. Each member shall be entitled to a term life insurance policy in the amount of at least $5,000 for death from any cause to age 65, and such policy shall, at the option of the individual fireman, be convertible to a permanent form of life insurance at age 65, provided that the fire fighters covered are actively and faithfully performing the duties of their position. The Fire Department shall consist of so many members as may be decided by the City Council. The members may organize themselves in any way they may decide, subject to the review of the City Council. They may hold meetings and engage in social activities with the approval of the City Council. The secretary shall upon request keep a record of all meetings and shall make a report to the City Council of all meetings and activities of the Fire Department. The City Council may, for services rendered, compensate or reward any member or members of the Fire Department in an amount set by resolution. All members of the Fire Department shall be subject to such rules and regulations and shall perform such duties as may be prescribed or required of them by the Fire Chief or the City Council. The members of the Fire Department shall, during the time of a fire or great public danger, have and exercise the powers and duties of police personnel and shall have full power and authority to arrest all persons guilty of any violation of the municipal code or the laws of the state of Nebraska. Volunteer firefighters and rescue squad members testifying as a witness in connection with his or her officially assigned duties in that capacity alone shall not be deemed employees of the state of Nebraska or of the municipality.
(`88 Code, § 3-403)
Statutory reference:
Witness fees prohibited, see Neb. RS 33-139.01
General regulations, see Neb. RS 35-101 through 35-103
Life insurance required, see Neb. RS 35-108

§ 32.43 RECORDS.

The Fire Chief shall keep or cause to be kept a record of all meetings of the Fire Department, the attendance record of all members, a record of all fires, and shall make a full report of such records to the Municipal Clerk during the last week in April each year. The record of any fire shall include the cause, origin, circumstances, property involved, and whether criminal conduct may have been involved. In the event of sizable property damage, he shall include the information of whether such losses were covered by insurance, and if so, in what amount. All records shall be available to the public at any reasonable time.
(`88 Code, § 3-404)

§ 32.44 FIRES.

It shall be the duty of the Fire Department to use all proper means for the extinguishment of fires, to protect property within the municipality, and to secure the observance of all ordinances, laws, and other rules and regulations with respect to fires and fire prevention.
(`88 Code, § 3-405)

§ 32.45 DISTANT FIRES.

(A) Upon the permission of the Fire Chief, Assistant Fire Chief, Mayor or City Administrator, such fire equipment of the municipality as may be designated by the City Council as rural equipment may be used beyond the corporate limits to extinguish reported fires.

(B) The firefighters of the municipality shall be considered as acting in the performance and within the scope of their duties in fighting fire or saving property or life outside the corporate limits of the municipality when directed to do so by the Chief of the Fire Department or some person authorized to act for such Chief and in so doing, may take such fire equipment of the municipality as may be designated by the City Council.
(`88 Code, §§ 3-406, 3-407)

§ 32.46 REGULAR INSPECTIONS.

The Chief of the Bureau of Fire Prevention or any inspector or member of the department specially designated thereto shall inspect, as often as may be necessary, but not less than four times a year, all specially hazardous manufacturing processes, storages, or installations of gases, chemicals, oils, explosives, and flammable materials, all interior fire alarms and automatic sprinkler systems, and such other hazards or appliances as the Chief of the Fire Department shall designate, and shall make such orders as may be necessary for the enforcement of the laws and ordinances governing the same and for safeguarding of life and property from fire.
(Neb. RS 81-512) (`88 Code, § 3-410)

§ 32.47 SPECIAL INSPECTIONS.

It shall be the duty of the Chief of the Fire Department to inspect, or cause to be inspected by the Bureau of Fire Prevention or by the Fire Department officers and members, as often as may be necessary, but not less than two times a year in outlying districts and four times a year in the closely built portions of the municipality, all buildings and premises except the interiors of private dwellings, for the purpose of ascertaining and causing to be corrected any conditions likely to cause fire, or any violations of the provisions or intent of any law of the municipality affecting the fire hazard. Whenever any inspector, as defined above, shall find in any building or upon any premise, combustible or explosive matter or dangerous accumulations of flammable materials and which materials are so situated as to endanger property; or shall find obstructions to or on fire escapes, stairs, passageways, doors, or windows, likely to interfere with the operations of the Fire Department or egress of occupants in case of fire, he shall order the same to be removed or remedied.
(Neb. RS 81-512)

§ 32.48 NOTICE OF VIOLATION.

(A) Upon the finding that the municipal code has been violated, the Fire Chief shall notify, or cause to be notified, the owner, occupant, or manager of the premise where a violation has occurred. Notice may be made personally or by delivering a copy to the premise and affixing it to the door of the main entrance of the premise. Whenever it may be necessary to serve such an order upon the owner, such order may be served personally, or by mailing a copy to the owner's last known post office address if the said owner is absent from the jurisdiction.

(B) Any such order shall be immediately complied with by the owner, occupant, or manager of the premise or building. The owner, occupant, or manager may, within five days after such order by the Chief of the Fire Department or his agent, appeal the order with the City Council requesting a review and it shall be the duty of the City Council to hear the same within not less than five days nor more than ten days from the time when the request was filed in writing with the Municipal Clerk. The City Council shall then affirm, modify, or rescind the said order as safety and justice may require and the decision shall then be final, subject only to any remedy which the aggrieved person may have at law or equity. The said order shall be modified or rescinded only where it is evident that reasonable safety exists and that conditions necessitate a variance due to the probable hardship in complying literally with the order of the Fire Chief. A copy of any decision so made shall be sent to both the Fire Chief and the owner, occupant, or manager making the appeal.
(`88 Code, § 3-411)

§ 32.49 POWER OF ARREST.

The Municipal Fire Chief or the assistant Fire Chief shall have the power, during the time of a fire and for a period of 36 hours after its extinguishment, to arrest any suspected arsonist, or other person hindering or resisting the fire fighting effort, or any person who conducts himself or herself in a noisy or disorderly manner. The officials shall be severally vested with the usual powers and authority of municipal police officers to command all persons to assist them in the performance of their duties.
(`88 Code, § 3-412)

§ 32.50 FIRE INVESTIGATION.

It shall be the duty of the Fire Department to investigate or cause to be investigated the cause, origin, and circumstances of every fire occurring in the municipality in which property has been destroyed or damaged in excess of $50. All fires of unknown origin shall be reported, and such officers shall especially make an investigation and report as to whether such fire was the result of carelessness, accident, or design. Such investigation shall be begun within two days of the occurrence of such fire and the State Fire Marshal shall have the right to supervise and direct the investigation whenever he or she deems it expedient or necessary. The officer making the investigation of fires occurring within the municipality shall immediately notify the State Fire Marshal and shall within one week of the occurrence of the fire furnish him or her with a written statement of all the facts relating to the cause and origin of the fire, and such further information as he or she may call for.
(`88 Code, § 3-413)
Statutory reference:
Investigation and report required, see Neb. RS 81-506

PARKS DEPARTMENT

§ 32.70 OPERATION AND FUNDING.

The municipality owns and operates the municipal parks and other recreational areas through the City Administrator. The City Council, for the purpose of defraying the cost of the care, management, and maintenance of the municipal park may each year levy a tax not exceeding the maximum limit prescribed by state law on the taxable value of all taxable property within the corporate limits. The revenue from the said tax shall be known as the park fund and shall remain in the custody of the Municipal Treasurer. The City Administrator shall have the authority to adopt rules and regulations for the efficient management of the municipal parks and other recreational areas of the municipality. The City Administrator shall not enter into a contract of any nature which involves an expenditure of funds, except for ordinary operating expenses, unless the contract has been approved by resolution of the majority of the members of the City Council prior to the contractual agreement.
Statutory reference:
Recreation centers and areas generally, see Neb. RS 17-948 through 17-952
Cross-reference:
Board of Park and Recreation Commissioners, see § 32.05

CHAPTER 33: GENERAL PROVISIONS

Section

Meetings

33.01 Definitions
33.02 Public
33.03 When; where; quorum
33.04 Special meetings
33.05 Videoconferencing
33.06 Teleconferencing
33.07 Closed sessions
33.08 Emergency meetings
33.09 Minutes
33.10 Votes
33.11 Notice to news media
33.12 Public participation
33.13 Order of business
33.14 Change in office
33.15 Organizational meetings
33.16 Parliamentary procedure

Bonds and Oaths

33.30 Bonds; form
33.31 Oath of office; municipal officials

Compensation

33.45 Municipal officials
33.46 Conflict of interest

Intergovernmental Risk Management

33.60 Authority

MEETINGS

§ 33.01 DEFINITIONS.

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

MEETINGS. All regular, special, or called meetings, formal or informal, of a public body for the purposes of briefing, discussion of public business, formation of tentative policy, or the taking of any action.
(Neb. RS 84-1409(2)) (`88 Code, § 1-501)

PUBLIC BODY.

(1) (a) The City Council of the municipality;

(b) All independent boards, commissions, bureaus, committees, councils, subunits, or any other bodies, now or hereafter created by constitution, statute, ordinance, or otherwise pursuant to law; and

(c) Advisory committees of the bodies listed above.

(2) This subchapter shall not apply to subcommittees of such bodies unless a quorum of the public body attends a subcommittee meeting or unless such subcommittees are holding hearings, making policy, or taking formal action on behalf of their parent body.
(Neb. RS 84-1409(1)) (`88 Code, § 1-502)

§ 33.02 PUBLIC.

(A) All public meetings as defined by law shall be held in a municipal public building which shall be open to attendance by the public. All meetings shall be held in the public building in which the City Council usually holds such meetings unless the publicized notice required by this section designates some other public building or other specified place.

(B) The advance publicized notice of all public convened meetings shall be simultaneously transmitted to all members of the City Council and to the public by a method designated by the City Council or by the Mayor if the City Council has not designated a method. The notice shall contain the time and specific place for each meeting and either an enumeration of the agenda subjects known at the time of the notice or a statement that such an agenda that is kept continually current shall be readily available for public inspection at the office of the Municipal Clerk during normal business hours. Except for items of an emergency nature, the agenda shall not be altered later than 24 hours before the scheduled commencement of the meeting or 48 hours before the scheduled commencement of a meeting of the City Council scheduled outside the corporate limits of the municipality. The City Council shall have the right to modify the agenda to include items of an emergency nature only at such public meetings.

(C) The minutes of the Municipal Clerk shall include the record of the manner and advance time by which the advance publicized notice was given, a statement of how the availability of an agenda of the then known subjects was communicated, the time and specific place of the meetings, the names of each member of the City Council present or absent at each convened meeting, and the substance of all matters discussed. The minutes of the City Council shall be a public record open to inspection by the public upon request at any reasonable time at the office of the Municipal Clerk.

(D) Any official action on any question or motion duly moved and seconded shall be taken only by roll call vote of the City Council in open session. The record of the Municipal Clerk shall show how each member voted or that the member was absent and did not vote.
(`88 Code, § 1-503)
Statutory reference:
Meetings required to be public, see Neb. RS 84-1408
Definitions, see Neb. RS 84-1409
Notice, agenda, and the like, see Neb. RS 84-1411
Minutes, roll call, secret ballot, see Neb. RS 84-1413

§ 33.03 WHEN; WHERE; QUORUM.

(A) Meetings are at the Chappel City Hall, on the 1st and 3rd Mondays of each month at 7:00 p.m. If there is a municipality recognized holiday on the 1st or 3rd Monday, the meeting of the City Council will take place in the same place and at the same time on the day after the holiday.

(B) A majority of all the members elected to the City Council shall constitute a quorum for the transaction of any business, but a smaller number may adjourn from day to day and compel the attendance of absent members. Whether a quorum is present or not, all absent members shall be sent for and compelled to attend.

(C) Unless a greater vote is required by law, an affirmative vote of at least one-half of the elected members shall be required for the transaction of any business.
(Neb. RS 17-105)

(D) At the hour appointed for the meeting, the Municipal Clerk shall proceed to call the roll of members and announce whether a quorum is present. If a quorum is present, the Council shall be called to order by the Mayor, if present, or if absent, by the President of the Council. In the absence of both the Mayor and the President of the Council, the City Councilmembers shall elect a President pro tempore.
(`88 Code, § 1-510) (Ord. 449, passed 7-2-01)

§ 33.04 SPECIAL MEETINGS.

(A) Special meetings may be called by the Mayor or by three members of the City Council, the object of which shall be submitted to the Council in writing. The call and object, as well as the disposition thereof, shall be entered upon the journal by the Municipal Clerk.
(Neb. RS 17-106)

(B) On filing the call for a special meeting, the Municipal Clerk shall notify the Councilmembers of the special meeting, stating the time and its purpose. Notice of a special meeting need not be given to a Councilmember known to be out of the state or physically unable to be present.

(C) All ordinances passed at any special meeting shall comply with procedures set forth in §§ 30.40 through 30.48.
(`88 Code, § 1-511)

§ 33.05 VIDEOCONFERENCING.

(A) A meeting of an organization created under the Interlocal Cooperation Act, the Joint Public Agency Act, or the Municipal Cooperative Financing Act or of the governing body of a risk management pool or its advisory committees organized in accordance with the Intergovernmental Risk Management Act may be held by means of videoconferencing if:

(1) Reasonable advance publicized notice is given;

(2) Reasonable arrangements are made to accommodate the public's right to attend, hear, and speak at the meeting, including seating, recordation by audio or visual recording devices, and a reasonable opportunity for input such as public comment or questions to at least the same extent as would be provided if videoconferencing was not used;

(3) At least one copy of all documents being considered is available to the public at each site of the videoconference;

(4) At least one member of the governing body or advisory committee is present at each site of the videoconference; and

(5) No more than one-half of the governing body's or advisory committee's meetings in a calendar year are held by videoconference.

(B) Videoconferencing or conferencing by other electronic communication shall not be used to circumvent any of the public government purposes established in the Open Meetings Act.
(Neb. RS 84-1411)

(C) For the purpose of this section, the following definition applies:

VIDEOCONFERENCING. Conducting a meeting involving participants at two or more locations through the use of audio-video equipment which allows participants at each location to hear and see each meeting participant at each other location, including public input. Interaction between meeting participants shall be possible at all meeting locations.
(Neb. RS 84-1409) (`88 Code, § 1-516) (Ord. 392, passed 7-7-97)

§ 33.06 TELECONFERENCING.

(A) A meeting of the governing body of an entity formed under the Interlocal Cooperation Act or the Joint Public Agency Act or of the governing body of a risk management pool or its advisory committees organized in accordance with the Intergovernmental Risk Management Act may be held by telephone conference call if:

(1) The territory represented by the member public agencies of the entity or pool covers more than one county;

(2) Reasonable advance publicized notice is given which identifies each telephone conference location at which a member of the entity's or pool's governing body will be present;

(3) All telephone conference meeting sites identified in the notice are located within public buildings used by members of the entity or pool or at a place which will accommodate the anticipated audience;

(4) Reasonable arrangements are made to accommodate the public's right to attend, hear, and speak at the meeting, including seating, recordation by audio recording devices, and a reasonable opportunity for input such as public comment or questions to at least the same extent as would be provided if a telephone conference call was not used;

(5) At least one copy of all documents being considered is available to the public at each site of the telephone conference call;

(6) At least one member of the governing body of the entity or pool is present at each site of the telephone conference call identified in the public notice;

(7) The telephone conference call lasts no more than one hour; and

(8) No more than one-half of the entity's or pool's meetings in a calendar year are held by telephone conference call.

(B) Nothing in this section shall prevent the participation of consultants, members of the press, and other nonmembers of the governing body at sites not identified in the public notice. Telephone conference calls, emails, faxes, or other electronic communication shall not be used to circumvent any of the public government purposes established in the Open Meetings Act.
(Neb. RS 84-1411)

§ 33.07 CLOSED SESSIONS.

(A) (1) Any public body may hold a closed session by the affirmative vote of a majority of its voting members if a closed session is clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual and if that individual has not requested a public meeting. Closed sessions may be held for, but shall not be limited to, such reasons as:

(a) Strategy sessions with respect to collective bargaining, real estate purchases, pending litigation, or litigation which is imminent as evidenced by communication of a claim or threat of litigation to or by the public body;

(b) Discussion regarding deployment of security personnel or devices;

(c) Investigative proceedings regarding allegations of criminal misconduct; or

(d) Evaluation of the job performance of a person when necessary to prevent needless injury to the reputation of a person and if that person has not requested a public meeting.

(2) Nothing in this section shall permit a closed meeting for discussion of the appointment or election of a new member to any public body.

(B) The vote to hold a closed session shall be taken in open session. The vote of each member on the question of holding a closed session, the reason for the closed session, and the time when the closed session commenced and concluded shall be recorded in the minutes. The public body holding such a closed session shall restrict its consideration of matters during the closed portions to only those purposes set forth in the minutes as the reason for the closed session. The meeting shall be reconvened in open session before any formal action may be taken. For purposes of this section, formal action means a collective decision or a collective commitment or promise to make a decision on any question, motion, proposal, resolution, order, or ordinance or formation of a position or policy but shall not include negotiating guidance given by members of the public body to legal counsel or other negotiators in closed sessions authorized under division (A)(1)(a) of this section.

(C) Any member of any public body shall have the right to challenge the continuation of a closed session if the member determines that the session has exceeded the reason stated in the original motion to hold a closed session or if the member contends that the closed session is neither clearly necessary for the protection of the public interest or the prevention of needless injury to the reputation of an individual. Such a challenge shall be overruled only by a majority vote of the members of the public body. The challenge and its disposition shall be recorded in the minutes.

(D) Nothing in this section shall be construed to require that any meeting be closed to the public.
(Neb. RS 84-1410) (`88 Code, § 1-504)

§ 33.08 EMERGENCY MEETINGS.

When it is necessary to hold an emergency meeting without reasonable advance public notice, the nature of the emergency shall be stated in the minutes and any formal action taken in such meeting shall pertain only to the emergency. Such emergency meetings may be held by means of electronic or telecommunication equipment. The provisions of § 33.11 shall be complied with in conducting emergency meetings. Complete minutes of such emergency meetings specifying the nature of the emergency and any formal action taken at the meeting shall be made available to the public by no later than the end of the next regular business day.
(Neb. RS 84-1411(5)) (`88 Code, § 1-505)

§ 33.09 MINUTES.

(A) Each public body shall keep minutes of all meetings showing the time, place, members present and absent, and the substance of all matters discussed. The minutes shall also include a record of the manner and time by which the advance publicized notice was given and a statement of how the availability of an agenda of the then-known subjects was communicated.

(B) The minutes of all meetings and evidence and documentation received or disclosed in open session shall be public records and open to public inspection at the office of the City Clerk during normal business hours.

(C) Minutes shall be written and available for inspection within 10 working days or prior to the next convened meeting, whichever occurs earlier, except that the city may have an additional ten working days if the employee responsible for writing the minutes is absent due to a serious illness or emergency.
(Neb. RS 84-1413) (`88 Code, § 1-506)
Statutory reference:
Rights of the public, see Neb. RS 84-1412

§ 33.10 VOTES.

(A) Any action taken on any question or motion duly moved and seconded shall be by roll call vote of the public body in open session, and the record shall state how each member voted, or if the member was absent or not voting. The requirements of a roll call or viva voce vote shall be satisfied by the municipality utilizing an electronic voting device which allows the yeas and nays of each member of the City Council to be readily seen by the public.
(Neb. RS 84-1413(2))

(B) The vote to elect leadership within a public body may be taken by secret ballot, but the total number of votes for each candidate shall be recorded in the minutes.
(Neb. RS 84-1413(3))
(`88 Code, § 1-507)
Statutory reference:
Voting procedure generally, see Neb. RS 17-105 and 17-616

§ 33.11 NOTICE TO NEWS MEDIA.

The Municipal Clerk, secretary, or other designee of each public body shall maintain a list of the news media requesting notification of meetings and shall make reasonable efforts to provide advance notification to them of the time and place of each meeting and the subjects to be discussed at that meeting.
(Neb. RS 84-1411(3)) (`88 Code, § 1-508)

§ 33.12 PUBLIC PARTICIPATION.

(A) Subject to the provisions of this subchapter, the public shall have the right to attend and the right to speak at meetings of public bodies and all or any part of a meeting of a public body, except for closed meetings called pursuant to § 33.07, may be videotaped, televised, photographed, broadcast, or recorded by any person in attendance by means of a tape recorder, camera, video equipment, or any other means of pictorial or sonic reproduction or in writing.

(B) It shall not be a violation of this section for any public body to make and enforce reasonable rules and regulations regarding the conduct of persons attending, speaking at, videotaping, televising, photographing, broadcasting, or recording its meetings. A body may not be required to allow citizens to speak at each meeting, but it may not forbid public participation at all meetings. No public body shall require members of the public to identify themselves as a condition for admission to the meeting. The body may require any member of the public desiring to address the body to identify himself or herself.

(C) No public body shall for the purpose of circumventing the provisions of this subchapter hold a meeting in a place known by the body to be too small to accommodate the anticipated audience. No public body shall be deemed in violation of this section if it holds its meeting in its traditional meeting place which is located in this state.

(D) An agency which contracts with municipalities outside the state of Nebraska may hold meetings of any committee outside the state of Nebraska if such meetings are held only in such contracting municipalities. Final action on any agenda item shall only be taken by the agency at a meeting in the state of Nebraska, which meeting shall comply with Neb. RS 84-1408 to 84-1414.

(E) The public body shall, upon request, make a reasonable effort to accommodate the public's right to hear the discussion and testimony presented at the meeting. Public bodies shall make available at the meeting, for examination and copying by members of the public, at least one copy of all reproducible written material to be discussed at an open meeting.
(Neb. RS 84-1412) (`88 Code, § 1-509)

§ 33.13 ORDER OF BUSINESS.

All meetings of the City Council shall be open to the public. Promptly at the hour set by law on the day of each regular meeting, the members of the City Council, the Municipal Clerk, the Mayor, and such other municipal officials that may be required shall take their regular stations in the meeting place, and the business of the municipality shall be taken up for consideration and disposition in the manner prescribed by the official agenda on file at the office of the Municipal Clerk.
(`88 Code, § 1-512)

§ 33.14 CHANGE IN OFFICE.

The change in office shall be made as follows: the Mayor and Council shall meet on the first regular meeting date in December of each year in which a municipal election is held and the outgoing officers and the outgoing members of the Council shall present their reports, and upon the old Council having completed its business up to the time, the outgoing members of the Council shall surrender their offices to the incoming members, and the outgoing officers shall thereupon each surrender to his or her successor in office all property, records, papers, and moneys, belonging to the same.
(`88 Code, § 1-514)
Statutory reference:
Election, qualifications, term, see Neb. RS 17-104

§ 33.15 ORGANIZATIONAL MEETINGS.

The newly elected Council shall convene at the regular place of meeting in the city on the first regular meeting in December of each year in which a municipal election is held immediately after the prior Council adjourns and proceed to organize themselves for the ensuing year. The Mayor elected for the new municipal year shall call the meeting to order. The Council shall then proceed to examine the credentials of its members and other elective officers of the city to see that each has been duly and properly elected, and to see that such oaths and bonds have been given as are required. After ascertaining that all members are duly qualified, the Council shall then elect one of its own body who shall be styled as “President of the Council.” The Mayor shall then nominate candidates for appointive offices. He or she shall then proceed with the regular order of business. It is hereby made the duty of each and every member of the Council, or his or her successor in office, and of each officer elected to any office to qualify prior to the first regular meeting in December following election. All appointive officers shall qualify within two weeks following their appointments. Qualification for each officer who is not required to give bond shall consist in subscribing and taking an oath to support the constitution of the United States, the constitution of the state of Nebraska, the laws of the municipality and to perform faithfully and impartially the duties of office, said oath to be filed in the office of the Municipal Clerk. Each officer who is required to give a bond shall file the required bond in the office of the Municipal Clerk with sufficient sureties, conditioned on the faithful discharge of the duties of his or her office, with the oath endorsed thereon.
(`88 Code, § 1-515)
Cross-reference:
Council organization, see § 30.21
Council to elect President, see § 30.22
Election of President pro tempore, see § 33.03

§ 33.16 PARLIAMENTARY PROCEDURE.

The Mayor shall preserve order during meetings of the City Council and shall decide all questions of order, subject to an appeal to the City Council. When any person is called to order, he or she shall be seated until the point is decided. When the Mayor is putting the question, no person shall leave the meeting room. Every person present, previous to speaking shall rise from his or her seat and address himself to the presiding officer and while speaking shall confine himself or herself to the question. When two or more persons rise at once, the Mayor shall recognize the one who spoke first. All resolutions or motions shall be reduced to writing before being acted upon, if requested by the Municipal Clerk, or any member of the City Council. Every member of the City Council who is present when a question is voted upon, shall cast his or her vote unless excused by a majority of the City Council present. No motion shall be put or debated unless seconded. When seconded, it shall be stated by the Mayor before being debatable. In all cases where a motion or resolution is entered on the minutes, the name of the member of the City Council making the motion, or resolution shall be entered also. After each vote, the “Yeas” and “Nays” shall be taken, and entered in the minutes upon the request of any member of the City Council. Before the vote is actually taken, any resolution, motion, or proposed ordinance may be withdrawn from consideration by the sponsor thereof with the consent of the member of the City Council seconding the resolution, motion, or ordinance. When, in the consideration of an ordinance, different times, or amounts are proposed, the question shall be put on the largest sum, or the longest time. A question to reconsider shall be in order when made by a member voting with the majority, but such motion to reconsider must be made before the expiration of the third regular meeting after the initial consideration of the question. When any question is under debate, no motion shall be made, entertained, or seconded except the previous question, a motion to table, and to adjourn. Each of the motions shall be decided without debate. Any of the rules of the City Council for meetings may be suspended by a two-thirds vote of the members present. In all cases in which provisions are not made by these rules, Robert's Rules of Order is the authority by which the City Council shall decide all procedural disputes that may arise.
(`88 Code, § 1-513)

BONDS AND OATHS

§ 33.30 BONDS; FORM.

The City Council may require from all officers and servants, elected or appointed, bonds and security for the faithful performance of their duty. 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 City Council may set by resolution, provided that 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 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 that no municipal official, while still in his of her 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 City Council and all sureties are endorsed in writing on the said instrument by the Mayor and Municipal Clerk pursuant to the said approval of the City Council. 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 City Council at the beginning of any municipal year. All official bonds, meeting the conditions herein, shall be filed with the Municipal Clerk for his of her 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 City Council. In the event that the sureties on the official bond of any officer of the municipality, in the opinion of the City Council, become insufficient, the City Council 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 City Council, then the office shall, by such failure, refusal, or neglect, become vacant, and it shall be the duty of the City Council to appoint a competent and qualified person to fill the said office. Any official who is re-elected to office shall be required to file a new bond after each election.
(`88 Code, § 1-301)
Statutory reference:
Bonds generally and similar provisions, see Neb. RS 11-103 through 11-118
Power to regulate offices, see Neb. RS 17-604

§ 33.31 OATH OF OFFICE; MUNICIPAL OFFICIALS.

(A) 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 affirm 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 affirm 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.”

(B) If any such officer is not required to give bond, the oath shall be filed with the Municipal Clerk.
(Neb. RS 11-101) (`88 Code, § 1-302)

COMPENSATION

§ 33.45 MUNICIPAL OFFICIALS.

The compensation of any elective official of the municipality shall not be increased or diminished during the term for which he or she shall have been elected except when there has been a merger of offices, provided that the compensation of the members of the City Council, a board, or commission may be increased or diminished at the beginning of the full term of any member, whether or not the terms of one or more members commence and end at different times. No elected official may be rehired at a greater salary if he or she resigns and desires to be rehired during the unexpired term of office. He or she may be rehired after the term of office during which he or she resigned at a greater salary. All salaries shall be set by ordinance of the City Council and will be available for public inspection at the office of the Municipal Clerk.
(`88 Code, §§ 1-901, 1-902)
Statutory reference:
Compensation for merged offices, see Neb. RS 17-108.02
Compensation of elected offices regulated, see Neb. RS 17-612

§ 33.46 CONFLICT OF INTEREST.

(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

BUSINESS ASSOCIATION.

(a) A business:

1. In which the individual is a partner, limited liability company member, director, or officer; or

2. In which the individual or a member of the individual’s immediate family is a stockholder of closed corporation stock worth $1,000 or more at fair market value or which represents more than a 5% equity interest or is a stockholder of publicly traded stock worth $10,000 or more at fair market value or which represents more than 10% equity interest.

(b) An individual who occupies a confidential professional relationship protected by law shall be exempt from this definition. This definition shall not apply to publicly traded stock under a trading account if the filer reports the name and address of the stockbroker.
(Neb. RS 49-1408)

IMMEDIATE FAMILY. A child residing in an individual’s household, a spouse of an individual, or an individual claimed by that individual or that individual’s spouse as a dependent for federal income tax purposes.
(Neb. RS 49-1425)

OFFICER.

(a) Includes:

1. A member of any board or commission of the municipality which spends and administers its own funds, who is dealing with a contract made by such board or commission; or

2. Any elected municipal official.

(b) OFFICER does not mean volunteer firefighters or ambulance drivers with respect to their duties as firefighters or ambulance drivers.

(B) (1) Except as provided in Neb. RS 49-1499.04 or 70-624.04, no officer may have an interest in any contract to which his or her governing body, or anyone for its benefit, is a party. The existence of such an interest in any contract shall render the contract voidable by decree of a court of competent jurisdiction as to any person who entered into the contract or took assignment of the contract with actual knowledge of the prohibited conflict. An action to have a contract declared void under this section may be brought by the County Attorney, the governing body, or any resident within the jurisdiction of the governing body and shall be brought within 1 year after the contract is signed or assigned. The decree may provide for the reimbursement of any person for the reasonable value of all money, goods, material, labor, or services furnished under the contract, to the extent that the governing body has benefitted thereby.

(2) The prohibition in this division (B) shall apply only when the officer or his or her parent, spouse, or child:

(a) Has a business association with the business involved in the contract; or

(b) Will receive a direct pecuniary fee or commission as a result of the contract.

(C) Division (B) of this section does not apply if the contract is an agenda item approved at a meeting of the governing body and the interested officer:

(1) Makes a declaration on the record to the governing body responsible for approving the contract regarding the nature and extent of his or her interest prior to official consideration of the contract;

(2) Does not vote on the matters of granting the contract, making payments pursuant to the contract, or accepting performance of work under the contract, or similar matters relating to the contract, except that if the number of members of the governing body declaring an interest in the contract would prevent the body with all members present from securing a quorum on the issue, then all members may vote on the matters; and

(3) Does not act for the governing body which is a party to the contract as to inspection or performance under the contract in which he or she has an interest.

(D) An officer who has no business association with the business involved in the contract, or will not receive a direct pecuniary fee or commission as a result of the contract, shall not be deemed to have an interest within the meaning of this section.

(E) The receiving of deposits, cashing of checks, and buying and selling of warrants and bonds of indebtedness of any such governing body by a financial institution shall not be considered a contract for purposes of this section. The ownership of less than 5% of the outstanding shares of a corporation shall not constitute an interest within the meaning of this section.

(F) If an officer’s parent, spouse, or child is an employee of the officer’s governing body, the officer may vote on all issues of the contract which are generally applicable to all employees, or all employees within a classification, and do not single out his or her parent, spouse, or child for special action.

(G) Neb. RS 49-14,102 does not apply to contracts covered by this section.
(Neb. RS 49-14,103.01)

(H) (1) The person charged with keeping records for the governing body shall maintain separately from other records a ledger containing the information listed in divisions (H)(1)(a) through (H)(1)(e) of this section about every contract entered into by the governing body in which an officer of the body has an interest and for which disclosure is made pursuant to division (C) of this section. This information shall be kept in the ledger for 5 years from the date of the officer’s last day in office and shall include:
(a) The names of the contracting parties;

(b) The nature of the interest of the officer in question;

(c) The date that the contract was approved by the governing body;

(d) The amount of the contract; and

(e) The basic terms of the contract.

(2) The information supplied relative to the contract shall be provided no later than 10 days after the contract has been signed by both parties. The ledger kept pursuant to this division (H) shall be available for public inspection during the normal working hours of the office in which it is kept.
(Neb. RS 49-14,103.02)

(I) An open account established for the benefit of any governing body with a business in which an officer has an interest shall be deemed a contract subject to this section. The statement required to be filed by division (H) of this section shall be filed within 10 days after the account is opened. Thereafter, the person charged with keeping records for the governing body shall maintain a running account of amounts purchased on the open account. Purchases made from petty cash or a petty cash fund shall not be subject to this section.
(Neb. RS 49-14,103.03)

(J) Notwithstanding divisions (A) through (I) of this section, the governing body may prohibit contracts over a specific dollar amount in which an officer of the governing body may have an interest.
(Neb. RS 49-14,103.05)

(K) The governing body may exempt from divisions (A) through (I) of this section, contracts involving $100 or less in which an officer of that body may have an interest.
(Neb. RS 49-14,103.06)
(`84 Code, § 1-903)
Statutory reference:
Private gain by public officers, see Neb. RS 18-305 through 18-312
Utility officers permitted to serve in elected office, see Neb. RS 70-624.04

INTERGOVERNMENTAL RISK MANAGEMENT

§ 33.60 AUTHORITY.

The City Council and any one or more public agencies, as defined in Neb. RS 44-4303, may make and execute an agreement providing for joint and cooperative action in accordance with Neb. RS 44-4301 through 44-4339, to form, become members of, and operate a risk management pool for the purpose of providing to members risk management services and insurance coverages in the form of group self-insurance or standard insurance, including any combination of group self-insurance and standard insurance, to protect members against losses arising from any of the following:

(A) General liability;

(B) Damage, destruction, or loss of real or personal property, including but not limited to, loss of use or occupancy, and loss of income or extra expense resulting from loss of use or occupancy;

(C) Errors and omissions liability; and

(D) Workers' compensation liability.
(Neb. RS 44-4301 through 44-4339) (`88 Code, § 1-1001)

CHAPTER 34: ELECTIONS

Section

34.01 Generally
34.02 Notice
34.03 Registered voters; qualifications
34.04 Special elections
34.05 Election of officers; certifications required
34.06 Officers; terms; qualifications
34.07 Partisan ballot; when allowed; requirements
34.08 Filing fee
34.09 Primary election; number of candidates filing
34.10 Petition, write-in, and other candidates for general election ballot; procedures
34.11 Exit polls

§ 34.01 GENERALLY.

(A) All city issues and offices shall be combined on the statewide primary and general election ballots whenever possible. The issuance of separate ballots shall be avoided in a statewide election if city offices or issues can reasonably be combined with the nonpartisan ballot and state law does not require otherwise. All city elections involving the election of officers shall be held in accordance with the Election Act and in conjunction with the statewide primary or general election.
(Neb. RS 32-556)

(B) When the city holds an election in conjunction with the statewide primary or general election, the election shall be held as provided in the Election Act. Any other election held by the city shall be held as provided in the Election Act unless otherwise provided by the charter, code, or bylaws of the city.
(Neb. RS 32-404)
(`88 Code, §§ 1-701, 1-706)
Statutory reference:
Statewide primary election, see Neb. RS 32-401
Statewide general election, see Neb. RS 32-404
Conformance to Election Act, see Neb. RS 32-404(1)
Notice, publication, and printing of ballots, see Neb. RS 32-801 through 32-822
Election costs, see Neb. RS 32-1201 through 32-1208

§ 34.02 NOTICE.

The notice of election required to be published by the Election Commissioner or County Clerk no less than 40 days prior to an election shall serve as the notice requirement for all municipal elections which are held in conjunction with the statewide primary or general election.
(`88 Code, § 1-707)
Statutory reference:
Notice of election requirements, see Neb. RS 32-802

§ 34.03 REGISTERED VOTERS; QUALIFICATIONS.

(A) For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.

REGISTERED VOTER. An elector who has a current voter registration record on file with the Election Commissioner or County Clerk.
(Neb. RS 32-115)

(B) All registered voters residing within the corporate limits of the city on or before election day shall be entitled to vote at all city elections.
(Neb. RS 17-602)
(`88 Code, § 1-713)
Statutory reference:
Definition of elector, see Neb. RS 32-110

§ 34.04 SPECIAL ELECTIONS.

(A) (1) Except as provided in Neb. RS 77-3444, any issue to be submitted to the registered voters at a special election by the city shall be certified by the City Clerk to the Election Commissioner or County Clerk at least 50 days prior to the election. A special election may be held by mail as provided in Neb. RS 32-952 through 32-959. Any other special election shall be subject to division (B) of this section.

(2) In lieu of submitting the issue at a special election, the city may submit the issue at a statewide primary or general election or at any scheduled county election, except that no such issue shall be submitted at a statewide election or scheduled county election unless the issue to be submitted has been certified by the City Clerk to the Election Commissioner or County Clerk by March 1 for the primary election and by September 1 for the general election.

(3) After the Election Commissioner or County Clerk has received the certification of the issue to be submitted, he or she shall be responsible for all matters relating to the submission of the issue to the registered voters, except that the City Clerk shall be responsible for the publication or posting of any required special notice of the submission of the issue other than the notice required to be given of the statewide election issues. The Election Commissioner or County Clerk shall prepare the ballots and issue ballots for early voting and shall also conduct the submission of the issue, including the receiving and counting of ballots on the issue. The election returns shall be made to the Election Commissioner or County Clerk. The ballots shall be counted and canvassed at the same time and in the same manner as the other ballots. Upon completion of the canvass of the vote by the County Canvassing Board, the Election Commissioner or County Clerk shall certify the election results to the City Council. The canvass by the County Canvassing Board shall have the same force and effect as if made by the City Council.
(Neb. RS 32-559)

(B) Any special election under the Election Act shall be held on the first Tuesday following the second Monday of the selected month unless otherwise specifically provided. No special election shall be held under the Election Act in April, May, June, October, November, or December of an even-numbered year unless it is held in conjunction with the statewide primary or general election.
(Neb. RS 32-405)
(`88 Code, § 1-708) (Ord. 402, passed 10-6-97)

§ 34.05 ELECTION OF OFFICERS; CERTIFICATION.

No later than January 5 of each even-numbered year, the City Council shall certify to the Election Commissioner or the County Clerk, on forms prescribed by that official, the name of the city, the number of officers to be elected, the length of the terms of office, the vacancies to be filled by election and length of remaining term, and the number of votes to be cast by a registered voter for each office.
(Neb. RS 32-404) (`88 Code, § 1-716)

§ 34.06 OFFICERS; TERMS; QUALIFICATIONS.

(A) Elected officers of the city shall be nominated at the statewide primary election and elected at the statewide general election. All elected officers of the city shall serve for terms of 4 years or until their successors are elected and qualified.
(Neb. RS 32-533)

(B) The Mayor and Councilmembers shall be residents and registered voters of the city.

(C) The members of the City Council shall be elected from the city at large. Each ward of the city shall have 2 Councilmembers elected in the manner provided in the Election Act. The term of office shall begin on the first regular meeting of the City Council in December following the statewide general election. No person shall be eligible to the office of Councilmember who is not at the time of the election an actual resident of the ward for which he or she is elected and a registered voter.
(`88 Code, §§ 1-702, 1-714, 1-719)
Statutory reference:
City Council, members, terms, qualifications, see Neb. RS 17-103 and 17-104
Mayor, qualifications, see Neb. RS 17-107
Merger of elective and appointive offices, see Neb. RS 17-108.02
Change from or to ward or at-large election, see Neb. RS 32-554

§ 34.07 PARTISAN BALLOT; WHEN ALLOWED; REQUIREMENTS.

All elective city offices shall be nominated and elected on a nonpartisan basis unless the City Council provides for a partisan ballot by ordinance. No ordinance providing for nomination and election on a partisan ballot shall permit affiliation with any party not recognized as a political party for purposes of the Election Act. Such ordinance providing for nomination and election on a partisan ballot shall be adopted and effective not less than 60 days prior to the filing deadline.
(Neb. RS 32-557) (`88 Code, § 1-715)

§ 34.08 FILING FEE.

(A) (1) Any registered voter who was not a candidate in the primary election may have his or her name placed on the general election ballot for a partisan office by filing petitions as prescribed in this section and Neb. RS 32-621 or by nomination by political party convention or committee.

(2) Any candidate who was defeated in the primary election and any registered voter who was not a candidate in the primary election may have his or her name placed on the general election ballot if a vacancy exists on the ballot under Neb. RS 32-625(2) and the candidate files for the office by petition as prescribed in this section or files as a write-in candidate as prescribed in Neb. RS 32-615.
(Neb. RS 32-616)

(B) Petitions for nomination shall conform to the requirements of Neb. RS 32-628. Petitions shall state the office to be filled and the name and address of the candidate. Petitions for partisan office shall also indicate the party affiliation of the candidate. Petitions shall be signed by registered voters residing in the ward in which the officer is to be elected, if candidates are chosen by ward, or residing in the city, if candidates are not chosen by ward, and shall be filed with the filing officer in the same manner as provided for candidate filing forms in Neb. RS 32-607. Petition signers and circulators shall conform to the requirements of Neb. RS 32-629 and 32-630. No petition for nomination shall be filed unless there is attached thereto a receipt showing payment of the filing fee required pursuant to Neb. RS 32-608. The petitions shall be filed by September 1 in the year of the general election.
(Neb. RS 32-617)

(C) (1) The number of signatures of registered voters needed to place the name of a candidate upon the nonpartisan ballot for the general election shall be at least 10% of the total number of registered voters voting for Governor or President of the United States at the immediately preceding general election in the ward in which the officer is to be elected or in the city, as appropriate.

(2) The number of signatures of registered voters needed to place the name of a candidate upon the partisan ballot for the general election shall be at least 20% of the total vote for Governor or President of the United States at the immediately preceding general election within the city, not to exceed 2,000.
(Neb. RS 32-618) (`88 Code, § 1-709)

§ 34.11 EXIT POLLS.

No person shall conduct any exit poll, public opinion poll, or any other interview with voters on election day seeking to determine voter preference within 20 feet of the entrance of any polling place room, or, if inside the polling place building, within 100 feet of any voting booth.
(Neb. RS 32-1525) (`88 Code, § 1-720) Penalty, see § 10.99

CHAPTER 35: FINANCE AND REVENUE

Section

General Provisions

35.01 Public funds defined
35.02 Contracts and purchases; bidding and other requirements
35.03 Annual audit; financial statements
35.04 Claims; warrants
35.05 Expenditures
35.06 Collection of special assessments; procedure
35.07 Special assessment fund
35.08 Sinking funds
35.09 Deposit of funds
35.10 Certificates of deposit; time deposits; conditions
35.11 Investment of funds
35.12 Bond issues
35.13 Debt collection; authority to contract with collection agency
35.14 Credit cards; authority to accept

Annual Budget

35.30 Fiscal year
35.31 Budget procedures
35.32 Expenditures prior to adoption of budget
35.33 Proposed budget statement; contents; filing
35.34 Proposed budget statement; hearing; adoption; certification of amount to be received from taxation
35.35 Adopted budget statement; filing; certification of amount of tax
35.36 Appropriation bill
35.37 Revision of budget
35.38 Proprietary functions; fiscal year; budget statements; filing; hearing; adoption; reconciliation

Tax Levies

35.60 Property tax levy; maximum; authority to exceed
35.61 Property tax; certification of amount
35.62 Property tax levy and request; authority to set
35.63 City sales tax
35.64 Motor vehicle tax

GENERAL PROVISIONS

§ 35.01 PUBLIC FUNDS DEFINED.

For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.

PUBLIC FUNDS. All money, including non-tax money, used in the operation and functions of governing bodies. If a municipality has a lottery established under the Nebraska County and City Lottery Act, only those net proceeds which are actually received by the county, city, or village from a licensed lottery operator shall be considered PUBLIC FUNDS, and PUBLIC FUNDS shall not include amounts awarded as prizes.
(Neb. RS 13-503(7)) (`88 Code, § 1-815)

§ 35.02 CONTRACTS AND PURCHASES; BIDDING AND OTHER REQUIREMENTS.

(A) Except as provided in Neb. RS 18-412.01 for a contract with a public power district to operate, renew, replace, or add to the electric distribution, transmission, or generation system of the municipality, no contract for enlargement or general improvements, such as water extensions, sewers, public heating system, bridges, work on streets, or any other work or improvement when the cost of such enlargement or improvement is assessed to the property, costing over $20,000, shall be made unless it is first approved by the City Council.

(B) Except as provided in Neb. RS 18-412.01, before the City Council makes any contract in excess of $20,000 for enlargement or general improvements, such as water extensions, sewers, public heating system, bridges, work on streets, or any other work or improvement when the cost of such enlargement or improvement is assessed to the property, an estimate of the cost shall be made by the Municipal Engineer and submitted to the City Council. In advertising for bids as provided in divisions (C) and (E) of this section, the City Council may publish the amount of the estimate.

(C) Advertisements for bids shall be required for any contract costing over $20,000 entered into:

(1) For enlargement or general improvements, such as water extensions, sewers, public heating system, bridges, work on streets, or any other work or improvement when the cost of such enlargement or improvement is assessed to the property; or

(2) For the purchase of equipment used in the construction of such enlargement or general improvements.
(D) A municipal electric utility may enter into a contract for the enlargement or improvement of the electric system or for the purchase of equipment used for such enlargement or improvement without advertising for bids if the price is:

(1) $20,000 or less;

(2) $40,000 or less and the municipal electric utility has gross annual revenue from retail sales in excess of $1,000,000;

(3) $60,000 or less and the municipal electric utility has gross annual revenue from retail sales in excess of $5,000,000;

(4) $80,000 or less and the municipal electric utility has gross annual revenue from retail sales in excess of $10,000,000.

(E) The advertisement provided for in division (C) of this section shall be published at least seven days prior to the bid closing in a legal newspaper published in or of general circulation in the municipality and, if there is no legal newspaper published in or of general circulation in the municipality, then in some newspaper of general circulation published in the county in which the municipality is located, and if there is no legal newspaper of general circulation published in the county in which the municipality is located, then in a newspaper, designated by the County Board, having a general circulation within the county where bids are required, and if no newspaper is published in the municipality or county, or if no newspaper has general circulation in the county, then by posting a written or printed copy thereof in each of three public places in the municipality at least seven days prior to the bid closing. In case of a public emergency resulting from infectious or contagious diseases, destructive windstorms, floods, snow, war, or an exigency or pressing necessity or unforeseen need calling for immediate action or remedy to prevent a serious loss of or serious injury or damage to life, health, or property, estimates of costs and advertising for bids may be waived in the emergency ordinance authorized by Neb. RS 17-613 when adopted by a ¾ vote of the City Council and entered of record.

(F) If, after advertising for bids as provided in this section, the City Council receives fewer than two bids on a contract or if the bids received by the City Council contain a price which exceeds the estimated cost, the City Council may negotiate a contract in an attempt to complete the proposed enlargement or general improvements at a cost commensurate with the estimate given.

(G) If the materials are of such a nature that, in the opinion of the manufacturer and with the concurrence of the City Council, no cost can be estimated until the materials have been manufactured or assembled to the specific qualifications of the purchasing municipality, the City Council may authorize the manufacture and assemblage of such materials and may thereafter approve the estimated cost expenditure when it is provided by the manufacturer.
(Neb. RS 17-568.01)

(H) Any municipal bidding procedure may be waived by the City Council:

(1) When materials or equipment are purchased at the same price and from the same seller as materials or equipment which have formerly been obtained pursuant to the state bidding procedure in Neb. RS 81-145 to 81-162; or

(2) When the contract is negotiated directly with a sheltered workshop pursuant to Neb. RS 48-1503.
(Neb. RS 17-568.02)

(I) Notwithstanding any other provisions of law or a home rule charter, a municipality which has established, by an interlocal agreement with any county, a joint purchasing division or agency may purchase personal property without competitive bidding if the price for the property has been established by the federal General Services Administration or the materiel division of the Department of Administrative Services. For purposes of this division (I):

(1) PERSONAL PROPERTY includes but is not limited to supplies, materials, and equipment used by or furnished to any officer, office, department, institution, board, or other agency; and

(2) PURCHASING or PURCHASE means the obtaining of personal property by sale, lease, or other contractual means.
(Neb. RS 18-1756)
(`88 Code, § 1-819) (Ord. 416, passed 5-4-98)
Statutory reference:
Requirements for public lettings, see Neb. RS 73-101 et seq.

§ 35.03 ANNUAL AUDIT; FINANCIAL STATEMENTS.

(A) The City Council shall cause an audit of the municipal accounts to be made by a qualified accountant as expeditiously as possible following the close of the fiscal year. Such audit shall be made on a cash or accrual method at the discretion of the City Council. The said audit shall be completed and the annual audit report made not later than six months after the close of the fiscal year. The accountant making the audit shall submit not less than three copies of the audit report to the City Council. All public utilities or other enterprises which substantially generate their own revenue shall be audited separately, and the results of such audits shall appear separately in the annual audit report, and such audits shall be on an accrual basis and shall contain statements and materials which conform to generally accepted accounting principles. The audit report shall set forth the financial position and results of financial operations for each fund or group of accounts of the municipality as well as an opinion by the accountant with respect to the financial statements. Two copies of the annual audit report shall be filed with the Municipal Clerk, and shall become a part of the public records of the Municipal Clerk's office, and will at all times thereafter be open for public inspection. One copy shall be filed with the auditor of public accounts.

(B) The City Council shall provide and file with the Municipal Clerk not later than August 1 of each year financial statements showing its actual and budgeted figures for the most recently completed fiscal year.
(Neb. RS 13-606) (`88 Code, § 1-821)
Statutory reference:
State municipal auditing regulations; similar provisions, see Neb. RS 19-2901 through 19-2909

§ 35.04 CLAIMS; WARRANTS.

(A) All claims against the municipality shall be presented to the City Council in writing with a full account of the items, and no claim or demand shall be audited or allowed unless presented as provided for in this section. No costs shall be recovered against the municipality in any action brought against it for an unliquidated claim which has not been presented to the City Council to be audited, nor upon claims allowed in part, unless the recovery shall be for a greater sum than the amount allowed, with the interest due. No order or warrant shall be drawn in excess of 85% of the current levy for the purpose for which it is drawn unless there shall be sufficient money in the municipal treasury for the appropriate fund against which it is to be drawn, provided that in the event there exists obligated funds from the federal and/or state government for the general purpose of such warrant, then such warrant may be drawn in excess of 85%, but not more than 100% of the current levy for the purpose for which said warrant is drawn.

(B) All warrants drawn upon the municipal treasury must be signed by the Mayor and countersigned by the Municipal Clerk, stating the particular fund to which the warrant is chargeable, the person to whom payable, and for what particular object. No money shall be otherwise paid than upon warrants so drawn. Each warrant shall specify the amount included in the adopted budget statement for the fund upon which it is drawn and the amount already expended of such fund.
(Neb. RS 17-711) (`88 Code, § 1-810, 1-811)
Statutory reference:
Similar provisions, see Neb. RS 17-714 and 17-715

§ 35.05 EXPENDITURES.

(A) No municipal official shall have the power to appropriate, issue, or draw any order or warrant on the municipal treasury for money, unless the same has been appropriated or ordered by ordinance.
(Neb. RS 17-708)

(B) No expenditure for any improvement to be paid for out of the general fund of the municipality shall exceed in any one year the amount provided for that improvement in the adopted budget statement.
(`88 Code, § 1-808)

§ 35.06 COLLECTION OF SPECIAL ASSESSMENTS; PROCEDURE.

(A) The municipality shall have the authority to collect the special assessments which it levies and perform all other necessary functions related thereto including foreclosure.

(B) If the municipality elects to collect its special assessments, notice that special assessments are due shall be mailed or otherwise delivered to the last known address of the person against whom such special assessments are assessed or to the lending institution or other party responsible for paying such special assessments. Failure to receive such notice shall not relieve the taxpayer from any liability to pay such special assessments and any interest or penalties accrued thereon.

(C) A municipality that elects to collect its special assessments shall:

(1) File notice of the assessments and the amount of assessment being levied for each lot or tract of land to the Register of Deeds; and

(2) File a release of assessment upon final payment of each assessment with the Register of Deeds.
(Neb. RS 18-1216) (`88 Code, § 1-822) (Ord. 407, passed 12-15-97)

§ 35.07 SPECIAL ASSESSMENT FUND.

All money received on special tax assessments shall be held by the Municipal Treasurer as a special fund to be applied to the payment of the improvement for which the assessment was made, and such money shall be used for no other purpose whatever, unless to reimburse the municipality for money expended for any such improvement.
(Neb. RS 17-710) (`88 Code, § 1-813)

§ 35.08 SINKING FUNDS.

(A) The City Council, subject to the limitations set forth herein, shall have the power to levy a tax not to exceed that prescribed by state law upon the taxable value of all taxable property within the municipality for a term not to exceed that prescribed by state law in addition to the amount of tax which may be annually levied for the purposes of the adopted budget statement of the municipality, for the purpose of establishing a sinking fund for the construction, purchase, improvement, extension, original equipment, or repair, not including maintenance, of the approved uses as authorized by state law.
(Neb. RS 19-1302)

(B) To initiate the sinking fund, the City Council shall declare its purpose by resolution to submit to the qualified electors of the municipality the proposition to provide the improvement at the next general municipal election. The resolution shall set forth a clear description of the improvement, the estimated cost, the amount of the annual levy, over a definite period of years (not exceeding ten years) required to pay such cost, and the specific name or designation for the sinking fund sought to be established to carry out the planned improvement, together with a statement of the proposition for placement upon the ballot at such election. Notice of the proposition shall be published in its entirety three times on successive weeks before the day of the election in a legal newspaper of general circulation in the municipality. The sinking fund may be established after the election if a majority or more of the legal votes were in favor of the establishment of the fund. The City Council may then proceed to establish the fund in conformity with the provisions of the proposition and applicable state law. The funds received by the Municipal Treasurer shall, as they accumulate, be immediately invested with the written approval of the City Council in the manner provided by state law. No sinking fund so established shall be used for any purpose or purposes contrary to the purpose as it appeared on the ballot unless the City Council is authorized to do so by 60% of the qualified electors of the municipality voting at a general election favoring such a change in the use of the sinking fund.
(`88 Code, § 1-814)
Statutory reference:
Similar provisions, see Neb. RS 19-1301 through 19-1304
Investment of funds, see Neb. RS 77-2337 and 77-2341

§ 35.09 DEPOSIT OF FUNDS.

(A) The City Council, at its first meeting in each fiscal year, shall designate some one or more banks or capital stock financial institutions of approved and responsible standing in which the Municipal Treasurer shall keep at all times, subject to payment on his or her demand, all money held by him or her as Municipal Treasurer. If there is one or more banks or capital stock financial institutions located in the municipality which apply for the privilege of keeping such money and give bond or give security for the repayment of deposits as provided in this section, such banks or capital stock financial institutions shall be selected as such depositories. The Municipal Treasurer shall not give a preference to any one or more of them in the money he or she may so deposit.

(B) (1) The City Council shall require from all banks or capital stock financial institutions:

(a) A bond in such penal sum as may be the maximum amount on deposit at any time less the amount insured by the Federal Deposit Insurance Corporation; or, in lieu thereof

(b) Security given as provided in the Public Funds Deposit Security Act to secure the payment of all such deposits and accretions.

(2) The City Council shall approve such bond or giving of security. The Municipal Treasurer shall not be liable for any loss of any money sustained by reason of the failure of any such depository so designated and approved. The fact that a stockholder, director, or other officer of such bank or capital stock financial institution is also serving as Mayor, as a member of the City Council, or as any other officer of the municipality shall not disqualify such bank or capital stock financial institution from acting as a depository for such municipal funds.
(Neb. RS 17-607)

(C) The insurance afforded to depositors in banks or capital stock financial institutions through the Federal Deposit Insurance Corporation shall be deemed and construed to be a surety bond to the extent that the deposits are insured by such corporation. For deposits so insured, no other surety bond or other security shall be required. The provisions of Neb. RS 77-2366 shall apply to deposits in capital stock financial institutions.
(Neb. RS 77-2362)

(D) The Municipal Treasurer may deposit the funds received and held by him or her by virtue of such office with a cooperative credit association situated within the boundaries of the county, or a county adjoining thereto, where the municipality is situated, if the municipality is the depositor, as well as in a commercial state or national bank if the cooperative credit association performs all the conditions precedent required by the laws of this state of commercial state and national banks to qualify them to receive deposits of such public funds. It shall not be necessary for the municipality, in making such a deposit of public funds, to purchase shares in such cooperative credit association or become a member thereof, and such a cooperative credit association is hereby authorized and empowered to receive such money under such conditions.
(Neb. RS 21-1316.01) (`88 Code, § 1-816)
Statutory reference:
Deposits of public funds regulated, see Neb. RS 77-2362 through 77-2364
Public Funds Deposit Security Act, see Neb. RS 77-2386 through 77-2397

§ 35.10 CERTIFICATES OF DEPOSIT; TIME DEPOSITS; CONDITIONS.

(A) The Municipal Treasurer may, upon resolution of the Mayor and City Council authorizing the same, purchase certificates of deposit from and make time deposits in any bank or capital stock financial institution in the state of Nebraska to the extent that such certificates of deposit or time deposits are insured by the Federal Deposit Insurance Corporation. Deposits may be made in excess of the amounts so secured by the corporation, and the amount of the excess deposit shall be secured by a bond or by security given in the manner provided in this section. The provisions of Neb. RS 77-2366 shall apply to deposits in capital stock financial institutions.
(Neb. RS 17-720)

(B) For the security of the fund so deposited, the Municipal Treasurer shall require each depository to give bond for the safekeeping and payment of such deposits and the accretions thereof, which bond shall run to the municipality and be approved by the Mayor. The bond shall be conditioned that such a depository shall, at the end of every quarter, render to the Treasurer a statement in duplicate, showing the several daily balances, the amount of money of the municipality held by it during the quarter, the amount of the accretion thereto, and how credited. The bond shall also be conditioned that the depository shall generally do and perform whatever may be required by the provisions of this section and all regulations imposed by law or adopted by the City Council for the receiving and holding thereof and shall faithfully discharge the trust reposed in the depository. The bond shall be as nearly as practicable in the form provided in Neb. RS 77-2304. No person in any way connected with any depository as an officer or stockholder shall be accepted as a surety on any bond given by the depository of which he or she is an officer or stockholder. The bond shall be deposited with the Municipal Clerk.
(Neb. RS 16-714)

(C) In lieu of the bond required by division (B) of this section, any bank or capital stock financial institution making application to become a depository may give security as provided in the Public Funds Deposit Security Act to the Municipal Clerk. The penal sum of such bond shall be equal to or greater than the amount of the deposit in excess of that portion of such deposit insured by the Federal Deposit Insurance Corporation.
(Neb. RS 16-715)

(D) The Treasurer shall not have on deposit in any bank or capital stock financial institution at any time more than the amount insured by the Federal Deposit Insurance Corporation plus the maximum amount of the bond given by the bank or capital stock financial institution if the bank or capital stock financial institution gives a surety bond, nor in any bank or capital stock financial institution giving a personal bond, more than the amount insured by the Federal Deposit Insurance Corporation plus ½ of the amount of the bond of such bank or capital stock financial institution, and the amount so on deposit any time with any such bank or capital stock financial institution shall not in either case exceed the amount insured by the Federal Deposit Insurance Corporation plus the paid-up capital stock and surplus of such bank or capital stock financial institution. The Treasurer shall not be liable for any loss sustained by reason of the failure of any such bonded depository whose bond has been duly approved by the Mayor as provided in division (B) of this section or which has, in lieu of a surety bond, given security as provided in division (C) of this section.
(Neb. RS 16-716)
Statutory reference:
Applicability of Neb. RS 16-714 to 16-716, see Neb. RS 17-720
Public Funds Deposit Security Act, See Neb. RS 77-2386 through 77-23.106

§ 35.11 INVESTMENT OF FUNDS.

Whenever a city has accumulated a surplus of any fund in excess of its current needs or has accumulated a sinking fund for the payment of its bonds and the money in such sinking fund exceeds the amount necessary to pay the principal and interest of any such bonds which become due during the current year, the City Council may invest any such surplus in certificates of deposit, in time deposits, and in any securities in which the state investment officer is authorized by law and as provided in the authorized investment guidelines of the Nebraska Investment Council in effect on the date the investment is made.
(Neb. RS 77-2341(1)) (`88 Code, § 1-817) (Ord. 336, passed 2-5-90)
Statutory reference:
Investment in bonds, see Neb. RS 17-608 and 17-609
Investment in cooperative credit associations, see Neb. RS 21-1316.01
Investment of funds, see Neb. RS 77-2337 and 77-2341

§ 35.12 BOND ISSUES.

The City Council may, after meeting all the requirements of state law, issue bonds, fund bonds, and retire bonds for such purposes as may be permitted by state law. The City Council shall have the authority to levy special assessments for the payment of interest and principal on such bonds and may spread the payments up to the maximum number of years permitted by state law.
(`88 Code, § 1-818)
Statutory reference:
Bonds in general, see Neb. RS 18-1801 through 18-1805
Boundary bridge bonds, see Neb. RS 39-835 through 39-842.01
Cemetery bonds, see Neb. RS 12-1001 through 12-1004 and RS 17-939
Cold storage plant bonds, see Neb. RS 17-958
Compromise of indebtedness, see Neb. RS 10-301 through 10-305
Dikes, see Neb. RS 17-529.01
Flood control project bonds, see Neb. RS 17-529.08
Funding and refunding bonds, see Neb. RS 10-606 through 10-614
General provisions, see Neb. RS 10-101 through 10-143
Internal improvement bonds, see Neb. RS 10-401 through 10-411
Joint power plant bonds, see Neb. RS 17-911
Library bonds, see Neb. RS 17-968
Medical and multiunit facility bonds, see Neb. RS 23-3513
Tax anticipation bonds, see Neb. RS 18-1202
Power plant bonds, see Neb. RS 17-908
Tax anticipation bonds, see Neb. RS 18-1202
Uniform registration and cancellation of bonds, see Neb. RS 10-201 through 10-209
Utilities bonds, see Neb. RS 17-905
Waterworks bonds, see Neb. RS 17-534

§ 35.13 DEBT COLLECTION; AUTHORITY TO CONTRACT WITH
COLLECTION AGENCY.

(A) The municipality may contract to retain a collection agency licensed pursuant to Neb. RS 45-601 through 45-622, within or without this state, for the purpose of collecting public debts owed by any person to the municipality.

(B) No debt owed pursuant to division (A) of this section may be assigned to a collection agency unless:

(1) There has been an attempt to advise the debtor by first-class mail, postage prepaid, at the last known address of the debtor:

(a) Of the existence of the debt;

(b) That the debt may be assigned to a collection agency for collection if the debt is not paid; and

(2) At least 30 days have elapsed from the time the notice was sent.

(C) A collection agency which is assigned a debt under this section shall have only those remedies and powers which would be available to it as an assignee of a private creditor.

(D) For purposes of this section, debt shall include all delinquent fees or payments except delinquent property taxes or real estate. In the case of debt arising as a result of an order or judgment of a court in a criminal or traffic matter, a collection fee may be added to the debt. The collection fee shall be $25 or 4-1/2% of the debt, whichever is greater. The collection fee shall be paid by the person who owes the debt directly to the person or agency providing the collection service.
(Neb. RS 45-623)

§ 35.14 CREDIT CARDS; AUTHORITY TO ACCEPT.

(A) The City Council may authorize municipal officials to accept credit cards, charge cards, or debit cards as a method of cash payment of any tax, levy, excise, duty, custom, toll, interest, penalty, fine, license, fee, or assessment of whatever kind or nature, whether general or special, as provided by Neb. RS 77-1702.

(B) The total amount of such taxes, levies, excises, duties, customs, tolls, interest, penalties, fines, licenses, fees, or assessments of whatever kind or nature, whether general or special, paid for by credit card shall be collected by the municipal official.

(C) The City Council may choose to accept credit cards, charge cards, or debit cards as a means of cash payment to any facility it operates in a proprietary capacity and may adjust the price for services to reflect the handling and payment costs.

(D) The municipal official shall obtain, for each transaction, authorization for use of any credit card, charge card, or debit card used pursuant to this section from the financial institution, vending service company, credit card or charge card company, or third-party merchant bank providing such service.

(E) The City Council may choose to accept the types of credit cards, charge cards, or debit cards accepted by and the services provided to the state pursuant to the contract entered into by the state with one or more credit card, charge card, or debit card companies or third-party merchant banks for services on behalf of the state and those political subdivisions that choose to participate in the state contract. The City Council may choose not to participate in the state contract and may choose types of credit cards, charge cards, and debit cards and may negotiate and contract independently or collectively as a governmental entity with one or more financial institutions, vending service companies, credit card, charge card, or debit card companies, or third-party merchant banks for the provision of such services.

(F) When authorizing acceptance of credit card or charge card payments, the City Council shall be authorized but not required to impose a surcharge or convenience fee upon the person making a payment by credit card or charge card so as to wholly or partially offset the amount of any discount or administrative fees charged to the municipality. The surcharge or convenience fee shall be applied only when allowed by the operating rules and regulations of the credit card or charge card involved or when authorized in writing by the credit card or charge card company involved. When a person elects to make a payment to the municipality by credit card or charge card and such a surcharge or convenience fee is imposed, the payment of such surcharge or convenience fee shall be deemed voluntary by such person and shall be in no case refundable.
(Neb. RS 13-609)

ANNUAL BUDGET

§ 35.30 FISCAL YEAR.

The fiscal year of the municipality and any public utility of the municipality commences on October 1 and extends through the following September 30 except as provided in the Municipal Proprietary Function Act.
(Neb. RS 17-701) (`88 Code, § 1-801)

§ 35.31 BUDGET PROCEDURES.

The budget instruction manual prepared by the Auditor of Public Accounts is incorporated by reference for the purpose of proper budget preparation.
(`84 Code, § 1-805)

§ 35.32 EXPENDITURES PRIOR TO ADOPTION OF BUDGET.

(A) On and after the first day of its fiscal year in 1993 and of each succeeding year and until the adoption of the budget by the City Council in September, the City Council may expend any balance of cash on hand for the current expenses of the municipality. Except as provided in division (B) of this section, such expenditures shall not exceed an amount equivalent to the total amount expended under the last budget in the equivalent period of the prior budget year. Such expenditures shall be charged against the appropriations for each individual fund or purpose as provided in the budget when adopted.
(Neb. RS 13-509.01)

(B) The restriction on expenditures in division (A) of this section may be exceeded upon the express finding of the City Council that expenditures beyond the amount authorized are necessary to enable the municipality to meet its statutory duties and responsibilities. The finding and approval of the expenditures in excess of the statutory authorization shall be adopted by the City Council in open public session. Expenditures authorized by this section shall be charged against appropriations for each individual fund or purpose as provided in the budget when adopted, and nothing in this section shall be construed to authorize expenditures by the municipality in excess of that authorized by any other statutory provision.
(Neb. RS 13-509.02)

§ 35.33 PROPOSED BUDGET STATEMENT; CONTENTS; FILING.

(A) The City Council shall prepare in writing and file with the Municipal Clerk, not later than the first day of August of each year on forms prescribed and furnished by the Auditor of Public Accounts, a proposed budget statement containing the following information, except as provided by state law:

(1) For the immediate two prior fiscal years, the revenue from all sources, including motor vehicle taxes, other than revenue received from personal and real property taxation, allocated to the funds and separately stated as to each such source: The unencumbered cash balance at the beginning and end of the year; the amount received by taxation of personal and real property; and the amount of actual expenditures;

(2) For the current fiscal year, actual and estimated revenue from all sources, including motor vehicle taxes, allocated to the funds and separately stated as to each such source: The actual unencumbered cash balance available at the beginning of the year; the amount received from personal and real property taxation; and the amount of actual and estimated expenditures, whichever is applicable. Such statement shall contain the cash reserve for each fiscal year and shall note whether or not such reserve is encumbered. Such cash reserve projections shall be based upon the actual experience of prior years. The cash reserve shall not exceed 50% of the total budget exclusive of capital outlay items;

(3) For the immediately ensuing fiscal year, an estimate of revenue from all sources, including motor vehicle taxes, other than revenue to be received from taxation of personal and real property, separately stated as to each such source: The actual or estimated unencumbered cash balances, whichever is applicable, to be available at the beginning of the year; the amounts proposed to be expended during the year; and the amount of cash reserve, based on actual experience of prior years, which cash reserve shall not exceed 50% of the total budget adopted exclusive of capital outlay items;

(4) A statement setting out separately the amount sought to be raised from the levy of a tax on the taxable value of real property for the purpose of paying the principal or interest on bonds issued by the City Council and for all other purposes;

(5) A uniform summary of the proposed budget statement, including each proprietary function fund included in a separate proprietary budget statement prepared pursuant to the Municipal Proprietary Function Act, and a grand total of all funds maintained by the City Council; and

(6) A list of the proprietary functions which are not included in the budget statement. Such proprietary functions shall have a separate budget statement which is approved by the City Council as provided in the Municipal Proprietary Function Act.
(B) The actual or estimated unencumbered cash balance required to be included in the budget statement by this section shall include deposits and investments of the municipality as well as any funds held by the County Treasurer for the Municipality and shall be accurately stated on the proposed budget statement.
(Neb. RS 13-504)

(C) The estimated expenditures plus the required cash reserve for the ensuing fiscal year less all estimated and actual unencumbered balances at the beginning of the year and less the estimated income from all sources, including motor vehicle taxes, other than taxation of personal and real property shall equal the amount to be received from taxes, and such amount shall be shown on the proposed budget statement filed pursuant to this section. The amount to be raised from taxation of personal and real property, as determined above, plus the estimated revenue from other sources, including motor vehicle taxes, and the unencumbered balances shall equal the estimated expenditures, plus the necessary required cash reserve, for the ensuing year.
(Neb. RS 13-505) (`88 Code, §§ 1-802, 1-820) (Ord. 403, passed 10-6-97)

§ 35.34 PROPOSED BUDGET STATEMENT; HEARING; ADOPTION; CERTIFICATION
OF AMOUNT TO BE RECEIVED FROM TAXATION.

(A) After the filing of the proposed budget statement with the Municipal Clerk, the City Council shall each year conduct a public hearing on the proposed budget statement. Notice of the place and time of the hearing, together with a summary of the proposed budget statement, shall be published at least five days prior to the date set for the hearing in a newspaper of general circulation within the municipality or by direct mailing of the notice to each resident within the municipality.

(B) After the hearing, the proposed budget statement shall be adopted, or amended and adopted as amended, and a written record shall be kept of such hearing. The amount to be received from personal and real property taxation shall be certified to the levying board after the proposed budget statement is adopted, or is amended and adopted as amended. The certification of the amount to be received from personal and real property taxation shall specify separately:

(1) The amount to be applied to the payment of principal or interest on bonds issued by the City Council; and

(2) The amount to be received for all other purposes.

(C) If the adopted budget statement reflects a change from that shown in the published proposed budget statement, a summary of such changes shall be published within 20 days after its adoption in the manner provided in this section, but without provision for hearing, setting forth the items changed and the reasons for such changes.
(Neb. RS 13-506)

(D) When a levy increase has been authorized by vote of the electors, the adopted budget statement shall indicate the amount of the levy increase.
(Neb. RS 13-507) (`88 Code, § 1-803) (Ord. 443, passed 5-7-01)

§ 35.35 ADOPTED BUDGET STATEMENT; FILING; CERTIFICATION OF AMOUNT
OF TAX.

(A) (1) After publication and hearing on the proposed budget statement and within the time prescribed by law, the City Council shall file with and certify to the levying board on or before September 20 of each year and file with the Auditor of Public Accounts, a copy of the adopted budget statement, together with the amount of the tax required to fund the adopted budget, setting out separately:

(a) The amount to be levied for the payment of principal or interest on bonds issued by the City Council; and

(b) The amount to be levied for all other purposes.

(2) Proof of publication shall be attached to the statements.

(B) The City Council, in certifying the amount required, may make allowance for delinquent taxes not exceeding 5% of the amount required plus the actual percentage of delinquent taxes for the preceding tax year and for the amount of estimated tax loss from any pending or anticipated litigation which involves taxation and in which tax collections have been or can be withheld or escrowed by court order. For purposes of this section, anticipated litigation shall be limited to the anticipation of an action being filed by a taxpayer who or which filed a similar action for the preceding year which is still pending. Except for such allowances, the City Council shall not certify an amount of tax more than 1% greater or lesser than the amount determined in the proposed budget statement.

(C) The City Council may designate one of its members to perform any duty or responsibility required of such body by this section.
(Neb. RS 13-508) (`88 Code, § 1-804) (Ord. 406, passed 12-15-97)

§ 35.36 APPROPRIATION BILL.

The City Council shall adopt a budget statement pursuant to the Nebraska Budget Act, to be termed “The Annual Appropriation Bill,” in which are appropriated such sums of money as may be deemed necessary to defray all necessary expenses and liabilities of the municipality.
(Neb. RS 17-706) (`88 Code, § 1-806)

§ 35.37 REVISION OF BUDGET.

(A) Unless otherwise provided by law, the City Council may propose to revise the previously adopted budget statement and shall conduct a public hearing on such proposal, whenever during the current fiscal year it becomes apparent to the City Council that:

(1) There are circumstances which could not reasonably have been anticipated at the time the budget for the current year was adopted;

(2) The budget adopted violated Neb. RS 13-518 to 13-522, such that the revenue of the current fiscal year for any fund thereof will be insufficient, additional expenses will be necessarily incurred, or there is a need to reduce the budget requirements to comply with Neb. RS 13-518 to 13-522; or

(3) The City Council has been notified by the State Auditor of a mathematical or accounting error or noncompliance with the Nebraska Budget Act.

(B) Notice of the time and place of the hearing shall be published at least five days prior to the date set for hearing in a newspaper of general circulation within the City Council's jurisdiction. Such published notice shall set forth the following:

(1) The time and place of the hearing;

(2) The amount in dollars of additional or reduced money required and for what purpose;

(3) A statement setting forth the nature of the unanticipated circumstances and, if the budget requirements are to be increased, the reasons why the previously adopted budget of expenditures cannot be reduced during the remainder of the current year to meet the need for additional money in that manner; and

(4) A copy of the summary of the originally adopted budget previously published.

(C) At such hearing any taxpayer may appear or file a written statement protesting any application for additional money. A written record shall be kept of all such hearings.

(D) Upon conclusion of the public hearing on the proposed revised budget and approval of the proposed revised budget by the City Council, the City Council shall file with the County Clerk of the county or counties in which such City Council is located, and with the State Auditor, a copy of the revised budget, as adopted, and shall certify the revised amount of tax to be levied. The City Council may then issue warrants in payment for expenditures authorized by the adopted revised budget. Such warrants shall be referred to as registered warrants and shall be repaid during the next fiscal year from funds derived from taxes levied therefor.

(E) Within 30 days after the adoption of the budget under Neb. RS 13-506, the City Council may, or within 30 days after notification of an error by the State Auditor, the City Council shall, correct an adopted budget which contains a clerical, mathematical, or accounting error which does not affect the total amount budgeted by more than 1% or increase the amount required from property taxes. No public hearing shall be required for such a correction. After correction, the City Council shall file a copy of the corrected budget with the County Clerk of the county or counties in which such City Council is located and with the State Auditor. The City Council may then issue warrants in payment for expenditures authorized by the budget.
(Neb. RS 13-511)

§ 35.38 PROPRIETARY FUNCTIONS; FISCAL YEAR; BUDGET STATEMENTS;
FILING; HEARING; ADOPTION; RECONCILIATION.

(A) Pursuant to the Municipal Proprietary Function Act, the City Council may prepare a proprietary budget statement for its proprietary functions separate and apart from its municipal budget statement prepared pursuant to the Nebraska Budget Act. For purposes of this section, PROPRIETARY FUNCTION shall mean a water supply or distribution utility, a wastewater collection or treatment utility, an electric generation, transmission, or distribution utility, a gas supply, transmission, or distribution utility, an integrated solid waste management collection, disposal, or handling utility, or a hospital or a nursing home owned by the municipality.
(Neb. RS 18-2803(5))

(B) The City Council may establish a separate fiscal year for each proprietary function, except that any proprietary function which is subsidized by appropriations from the municipality's general fund shall have the same fiscal year as the municipality. For purposes of this section, SUBSIDIZATION shall mean that the costs of operation of a proprietary function are regularly financed by appropriations from the municipality's general fund in excess of the amount paid by the municipality to the proprietary function for actual service or services received.
(Neb. RS 18-2804)

(C) (1) If the municipality does not include its proprietary functions in its municipal budget statement, a proposed proprietary statement shall be prepared in writing on forms provided by the State Auditor and filed with the Municipal Clerk, at least 30 days prior to the start of the fiscal year of each proprietary function, containing the following information:

(a) For the immediate two prior fiscal years, the revenue from all sources, the unencumbered cash balance at the beginning and end of the year, the amount received by taxation, and the amount of actual expenditure;

(b) For the current fiscal year, actual and estimated revenue from all sources separately stated as to each such source, the actual unencumbered cash balance available at the beginning of the year, the amount received from taxation, and the amount of actual and estimated expenditure, whichever is applicable;

(c) For the immediately ensuing fiscal year, an estimate of revenue from all sources separately stated as to each such source, the actual or estimated unencumbered cash balance, whichever is applicable, to be available at the beginning of the year, the amounts proposed to be expended during the fiscal year, and the amount of cash reserve based on actual experience of prior years; and

(d) A uniform summary of the proposed budget statement which shall include a total of all funds maintained for the proprietary function.

(2) Such statement shall contain the estimated cash reserve for each fiscal year and shall note whether or not such reserve is encumbered. The cash reserve projections shall be based upon the actual experience of prior years.
(Neb. RS 18-2805)

(D) (1) After the proposed proprietary budget statement is filed with the Municipal Clerk, the City Council shall conduct a public hearing on such statement. Notice of the time and place of the hearing, a summary of the proposed proprietary budget statement, and notice that the full proposed proprietary budget statement is available for public review with the Municipal Clerk during normal business hours shall be published at least five days prior to the hearing in a newspaper of general circulation within the City Council's jurisdiction or by mailing each resident within the City Council's jurisdiction.

(2) After such hearing, the proposed proprietary budget statement shall be adopted or amended and adopted as amended, and a written report shall be kept of such hearing. If the adopted proprietary budget statement reflects a change from the proposed proprietary statement presented at the hearing, a copy of the adopted proprietary budget statement shall be filed with the Municipal Clerk within 20 days after its adoption and published in a newspaper of general circulation within the City Council's jurisdiction or by mailing to each resident within the City Council's jurisdiction.
(Neb. RS 18-2806)

(E) If the actual expenditures for a proprietary function exceed the estimated expenditures in the proprietary budget statement during its fiscal year, the City Council shall adopt a proprietary function reconciliation statement within 90 days after the end of such fiscal year which reflects any difference between the adopted proprietary budget statement for the previous fiscal year and the actual expenditures and revenue for such fiscal year. After the adoption of a proprietary function reconciliation statement, it shall be filed with the Municipal Clerk and published in a newspaper of general circulation within the City Council's jurisdiction or by mailing to each resident within the City Council's jurisdiction. If the difference between the adopted proprietary budget for the previous fiscal year and the actual expenditures and revenues for such fiscal year is greater than 10%, the proprietary function reconciliation statement shall only be adopted following a public hearing.
(Neb. RS 18-2807)

(F) Any income from a proprietary function which is transferred to the general fund of the municipality shall be shown as a source of revenue in the municipal budget statement created pursuant to the Nebraska Budget Act.
(Neb. RS 18-2808)

TAX LEVIES

§ 35.60 PROPERTY TAX LEVY; MAXIMUM; AUTHORITY TO EXCEED.

(A) Property tax levies for the support of the municipality for fiscal years beginning on or after July 1, 1998, shall be limited to the amounts set forth in this division (A), except as provided in division (C) of this section. The municipality may levy a maximum levy of $0.45 per $100 of taxable valuation of property subject to the levy plus an additional $0.05 per $100 of taxable valuation to provide financing for the municipality's share of revenue required under an agreement or agreements executed pursuant to the Interlocal Cooperation Act. The maximum levy shall include amounts levied to pay for sums to support a library pursuant to Neb. RS 51-201, museum pursuant to Neb. RS 51-501, visiting community nurse, home health nurse, or home health agency pursuant to Neb. RS 71-1637, or statue, memorial, or monument pursuant to Neb. RS 80-202. Property tax levies for judgments obtained against the municipality which require or obligate the municipality to pay such judgment, to the extent such judgment is not paid by liability insurance coverage of the municipality, for preexisting lease-purchase contracts approved prior to July 1, 1998, and for bonded indebtedness approved according to law and secured by a levy on property are not included in the levy limits established by this division (A). The limitations on tax levies provided in this division (A) are to include all other general or special levies provided by law. Notwithstanding other provisions of law, the only exceptions to the limits in this division (A) are those provided by or authorized by this section. Tax levies in excess of the limitations in this section shall be considered unauthorized levies under Neb. RS 77-1606 unless approved under division (C) of this section.

(B) (1) All city airport authorities established under the Cities Airport Authorities Act, community redevelopment authorities established under the Community Development Law, and offstreet parking districts established under the Offstreet Parking District Act may be allocated property taxes as authorized by law which are authorized by the municipality and are counted in the municipality's levy limit provided by division (A) of this section, except that such limitation shall not apply to property tax levies for preexisting lease-purchase contracts approved prior to July 1, 1998, and for bonded indebtedness approved according to law and secured by a levy on property. The City Council shall review and approve or disapprove the levy request of the political subdivisions subject to this division (B). The City Council may approve all or a portion of the levy request and may approve a levy request that would allow a levy greater than that permitted by law. The levy allocated by the municipality may be exceeded as provided in division (C) of this section. On or before August 1, all political subdivisions subject to municipal levy authority under this division (B) shall submit a preliminary request for levy allocation to the City Council. The preliminary request of the political subdivision shall be in the form of a resolution adopted by a majority vote of members present of the political subdivision's governing body. The failure of a political subdivision to make a preliminary request shall preclude such political subdivision from using procedures set forth in Neb. RS 77-3444 to exceed the final levy allocation as determined in this division (B).

(2) The City Council shall:

(a) Adopt a resolution by a majority vote of members present which determines a final allocation of levy authority to its political subdivisions; and

(b) Forward a copy of such resolution to the chairperson of the governing body of each of its political subdivisions.

(3) No final levy allocation shall be changed after September 1 except by agreement between both the City Council and the governing body of the political subdivision whose final levy allocation is at issue.

(C) (1) The municipality may exceed the limits provided in division (A) of this section by an amount not to exceed a maximum levy approved by a majority of registered voters voting on the issue in a primary, general, or special election at which the issue is placed before the registered voters. A vote to exceed the limits must be approved prior to October 10 of the fiscal year which is to be the first to exceed the limits.

(2) The City Council may call for the submission of the issue to the voters:

(a) By passing a resolution calling for exceeding the limits by a vote of at least 2/3 of the members of the City Council and delivering a copy of the resolution to the County Clerk or Election Commissioner of every county which contains all or part of the municipality; or

(b) Upon receipt of a petition by the County Clerk or Election Commissioner of every county containing all or part of the municipality requesting an election signed by at least 5% of the registered voters residing in the municipality.

(3) The resolution or petition shall include the amount of levy which would be imposed in excess of the limits provided in division (A) of this section and the duration of the excess levy authority. The excess levy authority shall not have a duration greater than five years. Any resolution or petition calling for a special election shall be filed with the County Clerk or Election Commissioner no later than 30 days prior to the date of the election and the time of publication and providing a copy of the notice of election required in Neb. RS 32-802 shall be no later than 20 days prior to the election. The County Clerk or Election Commissioner shall place the issue on the ballot at an election as called for in the resolution or petition which is at least 30 days after receipt of the resolution or petition. The election shall be held pursuant to the Election Act. For petitions filed with the County Clerk or Election Commissioner on or after May 1, 1998, the petition shall be in the form as provided in Neb. RS 32-628 through 32-631. Any excess levy authority approved under this division (C) shall terminate pursuant to its terms, on a vote of the City Council to terminate the authority to levy more than the limits, at the end of the fourth fiscal year following the first year in which the levy exceeded the limit, or as provided in division (D) of this section, whichever is earliest. The City Council may pass no more than one resolution calling for an election pursuant to this division (C) during any one calendar year. There shall be no limit on the number of elections held pursuant to this division (C) which are initiated by petition. The ballot question may include any terms and conditions set forth in the resolution or petition and shall include the language specified in Neb. RS 77-3444. If a majority of the votes cast upon the ballot question are in favor of such tax, the County Board shall authorize a tax in excess of the limits in division (A) of this section, but such tax shall not exceed the amount stated in the ballot question. If a majority of those voting on the ballot question are opposed to such tax, the City Council shall not impose such tax. The County Clerk or Election Commissioner may set a uniform date for a special election to be held before October 10, 1998, to submit the issue of exceeding the limits provided in Neb. RS 77-3442 or the final levy allocation as provided in Neb. RS 77-3443 to the voters of political subdivisions in the county seeking additional levy authority. The municipality may individually or in conjunction with one or more other political subdivisions conduct a special election on a date different from that set by the County Clerk or Election Commissioner, except that the City Council shall pass a resolution calling for a special election for this purpose and deliver a copy of the resolution to the County Clerk or Election Commissioner no later than 30 days prior to the date of the election.

(D) (1) The municipality may rescind or modify a previously approved excess levy authority prior to its expiration by a majority of registered voters voting on the issue in a primary, general, or special election at which the issue is placed before the registered voters. A vote to rescind or modify must be approved prior to October 10 of the fiscal year for which it is to be effective.

(2) The City Council may call for the submission of the issue to the voters:

(a) By passing a resolution calling for the rescission or modification by a vote of at least 2/3 of the members of the City Council and delivering a copy of the resolution to the County Clerk or Election Commissioner of every county which contains all or part of the municipality; or

(b) Upon request of a petition by the County Clerk or Election Commissioner of every county containing all or part of the municipality requesting an election signed by at least 5% of the registered voters residing in the municipality.

(3) The resolution or petition shall include the amount and the duration of the previously approved excess levy authority and a statement that either such excess levy authority will be rescinded or such excess levy authority will be modified. If the excess levy authority will be modified, the amount and duration of such modification shall be stated. The modification shall not have a duration greater than five years. The County Clerk or Election Commissioner shall place the issue on the ballot at an election as called for in the resolution or petition which is at least 30 days after receipt of the resolution or petition and the time of publication and providing a copy of the notice of election required in Neb. RS 32-802 shall be no later than 20 days prior to the election. The election shall be held pursuant to the Election Act.
(`88 Code, § 1-807)
Statutory reference:
Similar provisions, see Neb. RS 77-3442 through 77-3444

§ 35.61 PROPERTY TAX; CERTIFICATION OF AMOUNT.

The City Council shall, at the time and in the manner provided by law, cause to be certified to the County Clerk the amount of tax to be levied upon the taxable value of all the taxable property of the municipality which the municipality requires for the purposes of the adopted budget statement for the ensuing year, including all special assessments and taxes assessed as otherwise provided. Subject to Neb. RS 77-3442, the maximum amount of tax which may be so certified, assessed, and collected shall not require a tax levy in excess of the amounts specified in Neb. RS 17-702.
(Neb. RS 17-702)

§ 35.62 PROPERTY TAX LEVY AND REQUEST; AUTHORITY TO SET.

(A) The property tax request for the prior year shall be the property tax request for the current year for purposes of the levy set by the County Board of Equalization in Neb. RS 77-1601 unless the City Council passes by a majority vote a resolution or ordinance setting the tax request at a different amount. Such resolution or ordinance shall only be passed after a special public hearing called for such purpose is held and after notice is published in a newspaper of general circulation in the area of the municipality at least five days prior to the hearing.

(B) The hearing notice shall contain the following information:

(1) The dollar amount of the prior year's tax request and the property tax rate that was necessary to fund that tax request;

(2) The property tax rate that would be necessary to fund last year's tax request if applied to the current year's valuation; and

(3) The proposed dollar amount of the tax request for the current year and the property tax rate that will be necessary to fund that tax request.

(C) Any resolution setting a tax request under this section shall be certified and forwarded to the County Clerk prior to October 14 of the year for which the tax request is to apply.

(D) Any tax levy which is not in compliance with this section and Neb. RS 77-1601 shall be construed as an unauthorized levy under Neb. RS 77-1606.
(Neb. RS 77-1601.02) (`88 Code, § 1-823) (Ord. 408, passed 12-15-97)
Statutory reference:
Similar provisions, see Neb. RS 77-1601.02

§ 35.63 CITY SALES TAX.

On and after the first day of April, 1983, pursuant to the provisions of the Local Option Revenue Act, Neb. RS 77-27,142, as amended, there is hereby imposed a sales and use tax of 1% upon the same transactions within the corporate limits of the city on which the state of Nebraska is authorized to impose a tax pursuant to the provisions of the Local Option Revenue Act.
(`88 Code, § 1-809)

§ 35.64 MOTOR VEHICLE TAX.

The City Council may levy a tax on all motor vehicles owned or used in the city, which tax shall be paid to the County Treasurer of the county in which the city is located when the registration fees as provided in the Motor Vehicle Registration Act are paid. These taxes shall be credited by the County Treasurer to the road fund of the city. These funds shall be used by the city for constructing, resurfacing, maintaining, or improving streets, roads, alleys, public ways, or parts thereof, or for the amortization of bonded indebtedness when created for those purposes.
(Neb. RS 18-1214)
Statutory reference:
Motor Vehicle Registration Act, see Neb. RS 60-301 et seq.