Chapter 1

CHAPTER I ADMINISTRATION

ARTICLE I - ELECTED OFFICIALS

1-101 CITY MAYOR; SELECTION AND DUTIES
1-102 CITY COUNCIL; ACTING PRESIDENT
1-103 CITY COUNCIL; SELECTION AND DUTIES
1-104 CITY COUNCIL; ORGANIZATION
1-105 RESIGNATIONS
1-106 ELECTED OFFICIALS; VACANCY
1-107 MAYOR; VACANCY
1-108 ELECTED OFFICIALS; QUALIFICATIONS; RESTRICTIONS ON OTHER EMPLOYMENT OR ELECTIVE OFFICE
1-109 COMPENSATION; CITY OFFICIALS
1-110 COMPENSATION; CONFLICT OF INTEREST

ARTICLE II - APPOINTED OFFICIALS

1-201 APPOINTMENT; REMOVAL
1-202 MERGER OF OFFICES
1-203 CITY CLERK
1-204 CITY TREASURER
1-205 TREASURER'S MONTHLY REPORT
1-206 TREASURER'S ANNUAL REPORT
1-207 CITY ATTORNEY
1-208 CITY PHYSICIAN
1-209 CITY POLICE CHIEF
1-210 CITY POLICEMEN
1-211 CITY FIRE CHIEF
1-212 SPECIAL ENGINEER
1-213 CITY WATER COMMISSIONER
1-214 CITY SEWER COMMISSIONER
1-215 CITY LANDFILL OPERATOR
1-216 CITY STREET COMMISSIONER
1-217 CITY UTILITIES SUPERINTENDENT
1-218 CITY BUILDING INSPECTOR
1-219 ZONING INSPECTOR
1-220 CLERK-TREASURER POSITION CREATED

ARTICLE III - ADMINISTRATION

1-301 BONDS; FORM
1-302 OATH OF OFFICES; CITY OFFICIALS
1-303 SEAL; OFFICIAL CORPORATE
1-304 MEETINGS; DEFINED
1-305 MEETINGS; PUBLIC BODY DEFINED
1-306 MEETINGS; PUBLIC
1-307 MEETINGS; CLOSED SESSIONS
1-308 MEETINGS; EMERGENCY MEETINGS
1-309 MEETINGS; MINUTES
1-310 MEETINGS; VOTES
1-311 MEETINGS; NOTICE TO NEWS MEDIA
1-312 MEETINGS; PUBLIC PARTICIPATION
1-313 MEETINGS; GOVERNING BODY
1-314 MEETINGS; ABSENCE OF ELECTED OFFICIAL,HEARING,VACANCY
1-315 MEETINGS; ORDER OF BUSINESS
1-316 MEETINGS; CHANGE IN OFFICE
1-317 MEETINGS; ORGANIZATIONAL
1-318 MEETINGS; NOTICE
1-319 MEETINGS; SPECIAL MEETINGS
1-320 MEETINGS; REGULAR MEETINGS
1-321 MEETINGS; VIDEOCONFERENCING, WHEN ALLOWED

ARTICLE IV - ORDINANCES

1-401 ORDINANCES, RULES AND RESOLUTIONS; GRANT OF POWER
1-402 INTRODUCTION
1-403 RESOLUTIONS AND MOTIONS; PROCEDURE
1-404 STYLE
1-405 TITLE
1-406 ORDINANCES, RESOLUTIONS, ORDERS, BY-LAWS; READING; PASSAGE
1-407 PUBLICATION OR POSTING
1-408 CERTIFICATE OF PUBLICATION OR POSTING
1-409 EFFECTIVE DATE; EMERGENCY ORDINANCES
1-410 AMENDMENTS AND REVISIONS

ARTICLE V - FISCAL MANAGEMENT

1-501 FISCAL YEAR
1-502 PROPOSED BUDGET STATEMENT; FILING
1-503 BUDGET HEARING
1-504 ADOPTED BUDGET STATEMENT; FILING
1-505 EXPENDITURES PRIOR TO ADOPTION OF BUDGET
1-506 BUDGET PROCEDURE
1-507 APPROPRIATIONS
1-508 GENERAL PROPERTY TAX
1-509 EXPENDITURES
1-510 CONTRACTS
1-511 ANNUAL AUDIT
1-512 CLAIMS
1-513 WARRANTS
1-514 TRANSFER OF FUNDS
1-515 SPECIAL ASSESSMENT FUND
1-516 SINKING FUNDS
1-517 GENERAL FUND
1-518 DEPOSIT OF FUNDS
1-519 INVESTMENT OF FUNDS
1-520 BOND ISSUES
1-521 SALES AND USE TAX
1-522 DEBT COLLECTION; AUTHORITY TO CONTRACT WITH COLLECTION AGENCY
1-523 COLLECTION OF SPECIAL ASSESSMENTS; PROCEDURE
1-524 PROPERTY TAX LEVY; AUTHORITY TO SET

ARTICLE VI - PLANNING COMMISSION

1-601 MEMBERS; OFFICERS; DUTIES; ALTERNATE

ARTICLE VII - BOARD OF ADJUSTMENT

1-701 MEMBERS; OFFICERS; DUTIES AND POWERS

ARTICLE VIII - BOARD OF HEALTH

1-801 MEMBERS; OFFICERS; DUTIES

ARTICLE IX - PARKS AND POOL

1-901 BOARD OF PARK COMMISSIONERS
1-902 CITY PARKS; OPERATION AND FUNDING
1-903 CITY PARKS; INJURY TO PROPERTY
1-904 CITY SWIMMING POOL; OPERATION AND FUNDING
1-905 CITY SWIMMING POOL; ADMISSION CHARGE
1-906 CITY SWIMMING POOL; RENTALS
1-907 CITY SWIMMING POOL; RULES AND REGULATIONS
1-908 CITY PARKS; USE OF KIDDIE PARK
1-909 CITY PARKS; HOURS OF ENTRY

ARTICLE X - FORESTRY BOARD

1-1001 MEMBERS; OFFICERS; DUTIES
1-1002 DEFINITIONS
1-1003 DISTANCES AND CLEARANCES FOR PLANTING
1-1004 TREE TOPPING
1-1005 DEAD OR HAZARDOUS TREES; REMOVAL
1-1006 INTERFERENCE WITH FORESTRY BOARD

ARTICLE XI - HOUSING AUTHORITY

1-1101 HOUSING AUTHORITY BOARD
1-1102 CONTINUED EXISTENCE
1-1103 OWNERSHIP
1-1104 DEFINITIONS
1-1105 OPERATION AND MANAGEMENT
1-1106 REPORTS

ARTICLE XII - AIRPORT AUTHORITY

1-1201 AIRPORT AUTHORITY BOARD

ARTICLE XIII - CITY CEMETERY

1-1301 CEMETERY BOARD
1-1302 OPERATION AND FUNDING
1-1303 SEXTON
1-1304 CONVEYANCE OF LOTS
1-1305 FORFEITURE OF LOTS
1-1306 LOT TRANSFERS
1-1307 PERPETUAL CARE
1-1308 BURIAL PERMIT
1-1309 LOT CURBING
1-1310 SHRUBS AND TREES
1-1311 GRAVE DEPTH
1-1312 DESTRUCTION OF PROPERTY
1-1313 HOURS OF ENTRY
1-1314 MINIMUM GRAVE LINER
1-1315 MONUMENT REQUIREMENTS

ARTICLE XIV - LIBRARY

1-1401 ESTABLISHMENT
1-1402 NAME
1-1403 LIBRARY BOARD; DUTIES AND POWERS
1-1404 LIBRARY BOARD; SUBJECT TO REVIEW OF CITY COUNCIL

ARTICLE XV - POLICE DEPARTMENT

1-1501 DUTIES
1-1502 RESERVE OFFICER BOND
1-1503 ARREST JURISDICTION
1-1504 POLICE OFFICERS; DISCIPLINE OR REMOVAL FROM DUTY; NOTICE AND HEARING; DETERMINATION

ARTICLE XVI - COMMUNITY DEVELOPMENT AGENCY

1-1601 CREATION OF COMMUNITY DEVELOPMENT AGENCY
1-1602 POWERS
1-1603 ADMINISTRATION BY CITY COUNCIL
1-1604 OFFICERS

ARTICLE XVII - PENAL PROVISION

1-1701 VIOLATION; PENALTY

CHAPTER I ADMINISTRATION

ARTICLE I - ELECTED OFFICIALS

SECTION 1-101: CITY MAYOR; SELECTION AND DUTIES

The Mayor of the City shall have the general and immediate control over all property and officials, whether elected or appointed, of the City. He/she shall preside at all meetings of the City Council, and may vote when his/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. His/her signature must appear on the City Clerk's minutes of all meetings, and he/she must sign all resolutions which have been passed and warrants for the payment of money when ordered by the City Council; provided, any ordinance vetoed by the Mayor may be passed over his/her veto by a two-thirds (2/3) vote by the members of the City Council, but if the Mayor neglects or refuses to sign any ordinance, and returns it to the Council with his/her objections in writing at the next regular Council meeting, the same shall become a law without his/her signature. He/she shall from time to time communicate to the Council such information and recommendations as, in his/her opinion, may improve the City. He/she may require at reasonable intervals any City official to exhibit his/her accounts and make reports to the Council on any subject pertaining to his/her office. He/she shall have the power to remit fines or pardon any offense arising under the ordinances of the City. He/she may remove at any time an appointed police officer of the City, subject to the provisions of Section 1-1504 herein. His/her territorial authority shall extend over all places within five miles of the corporate limits of the City for the enforcement of any health ordinance, and one-half mile in all matters vested in him/her except taxation. He/she shall also have such other duties as the City Council may by resolution confer upon him/her, or in any other matters which the laws of the State of Nebraska repose in him/her. He/she shall be elected at the city election, and shall serve a four-year term of office. Any candidate for Mayor must have resided within the City for 40 days prior to filing for the said office and must in addition be a qualified taxpayer. (Ref. 17-110 through 17-115, 17-117 RS Neb.) (Amended by Ord. Nos. 455-A, 4/19/76; 550, 11/6/80)

SECTION 1-102: CITY COUNCIL; 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 his/her 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 City as if done by the elected Mayor. (Ref. 17-148 RS Neb.)

SECTION 1-103: CITY COUNCIL; SELECTION AND DUTIES

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 City 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. (Ref. 17-103, 17-104 RS Neb.)

SECTION 1-104: CITY COUNCIL; ORGANIZATION

City Councilmembers of this City 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 said meeting has been called to order, the City 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. Each ward of the City shall be represented by at least two Councilmembers. No person shall be eligible who is not at the time of his/her election an actual resident of the ward for which he/she is qualified and should any City Councilman move from the ward from which he/she was elected, his/her office shall thereby become vacant. (Ref. 17-104, 17-107.01, 19-613 RS Neb.)(Amended by Ord. No. 446-A, 4/6/76)

SECTION 1-105: RESIGNATIONS

All resignations of the Mayor and Council members shall be in writing and submitted to the City Council for acceptance. Resignations shall not be effective until accepted by formal action of the City Council.

SECTION 1-106: ELECTED OFFICIALS; VACANCY

(1) (a)  Except as otherwise provided in subsection (2) or (3) of this section, vacancies in elected offices shall be filled by the City Council for the balance of the unexpired term.  Notice of a vacancy, except a vacancy resulting from the death of the incumbent, shall be in writing and presented to the City Council at a regular or special meeting and shall appear as a part of the minutes of such meeting.  The City Council shall at once give public notice of the vacancy by causing to be published in a newpaper 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.

     (b)  The Mayor shall call a special meeting of the City Council pr place the issue of filling such vacancy on the agenda at the next regular meeting, at which time the Mayor shall submit the name of a qualified registerd voterto fill the vacancy for the balance of the unexpired term.  The regular or special meeting shall occur upon the death of the incumbent or within four weeks after the meeting at which such notice of vacancy has been presented.  The City Council shall vote upon such nominee, and if a majority votes in favor of such nominee, the vancancy shall be declared filled.  If the nominee fails to receive a majority of the votes, the nomination shall be rejected and the Mayor shall at the next regular or special meeting submit the name of another qualified registerd voter to fill the vacancy.  If the subsequent nominee fails to receive a majority of the votes, the Mayor shall continue at such meeting to submit the names of qualified registerd voters in nomination and the City Council shall continue to vote upon such nominations at such meeting until the vacancy is filled.  All council members present shall cast a ballot for or against the nominee.  Any member of the City Council who has been appointed to fill a vacancy on the Council shall have the same rights, including voting, as if such person were elected.

(2)  The City Council may, in lieu of filling a vacancy in the elected office as provided in subsection (1) of this section or subsection (3) of Neb. Rev. Stat. §32-568, call a special city electionto fill such vacancy.

(3)  If vacancies exist in the offices of a majority of the members of the City Council, the Secretary of State shall conduct a special election  fill such vacancies. (Ref. 17-212, 32-4,152, 32-1406 RS Neb.) (Amended by Ord. Nos. 447-A, 4/6/76; 819, 12/4/90; 1280, 11/20/06)

SECTION 1-107: MAYOR; VACANCY

Whenever a vacancy occurs in the office of Mayor, or in case of his/her disability or absence, the President of the Council shall exercise the office of Mayor until such vacancy is filled or such disability is removed, or in case of temporary absence, until the Mayor returns.

When the successful candidate for Mayor shall be prevented from assuming office, the incumbent Mayor shall not be entitled to hold over the term, but such office shall automatically become vacant and the President of the Council shall exercise the office of Mayor until such vacancy is filled.

If the President of the Council shall for any cause assume the office of Mayor for the remainder of the unexpired term, there shall be a vacancy on the Council which shall be filled as provided in Section 1-105. (Ref. 17-107, 17-115 RS Neb.) (Amended by Ord. No. 447-A, 4/6/76)

SECTION 1-108: ELECTED OFFICIALS; QUALIFICATIONS; RESTRICTIONS
ON OTHER EMPLOYMENT OR ELECTIVE OFFICE

Elected officials shall be residents and registered voters of the City.

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

B. For purposes of this section, (1) "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 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; and (2) "high elective office" means a member of the Legislature, an elective office described in Article IV, Sections 1 or 20, or Article VII, Sections 3 or 10, of the Constitution of Nebraska, or a county, city or school district elective office.

C. No candidate for member of the Legislature or an elective office described in Article IV, Sections 1 or 20, or Article VII, Sections 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 nomination by a political party or by party convention, caucus or committee to file a vacancy or to be declared a 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 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 write-in candidate for more than one elective office to be filled at the same election.

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

E. No person serving as a member of the Legislature or in an elective office described in Article IV, Sections 1 or 20 or Article VII, Sections 3 or 10, of the Constitution of Nebraska shall 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, Sections 1 or 20 or Article VII, Sections 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 subsections E through G of this section, any person holding more than one high elective office on September 13, 1997, shall be entitled to continue to serve the remainder of all terms for which he/she was elected or appointed.
(Ref. 17-108.02, 32-109, 32-603, 32-604 RS Neb.) (Ord. No. 1094, 7/6/98)

SECTION 1-109: COMPENSATION; CITY OFFICIALS

The compensation of any elective official of the City shall not be increased or diminished during the term for which he/she shall have been elected except when there has been a merger of offices; provided, the compensation of the members of the Governing Body, 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/she resigns and desires to be rehired during the unexpired term of office. He/she may be rehired after the term of office during which he/she resigned at a greater salary. All salaries shall be set by ordinance of the Governing Body and will be available for public inspection at the office of the City Clerk. (Ref. 17-108.02, 17-612 RS Neb.)

SECTION 1-110: COMPENSATION; CONFLICT OF INTEREST

For purposes of this section, officer shall mean (a) any member of any board or commission of the City, (b) any appointed official if such city official (i) serves on a board or commission which spends and administers its own funds and (ii) is dealing with a contract made by such board or commission, or (c) any elected city official. Unless specified otherwise, volunteer firefighters and ambulance drivers shall not be considered officers for purposes of this section, with respect to their duties as firefighters and ambulance drivers.

No officer of the City shall be permitted to benefit from any contract to which the City is a party. The existence of such an interest in any contract renders the contract voidable by decree of a court of competent jurisdiction as to any person who entered into the contract or took assignment thereof with actual knowledge of the prohibited conflict. An action to have a contract declared void under this section may be brought by the City or by any resident thereof and must be brought within one year after the contract is signed or assigned. Any such 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 City has benefited thereby. The prohibition in this section shall apply only when the officer or his or her parent, spouse, or child (a) has a business with which the individual is associated or business association which shall mean a business: (1) in which the individual is a partner, director, or officer or (2) in which the individual or a member of the individual's immediate family is a stockholder of a closed corporation stock worth $1,000.00 dollars or more at fair market value or which represents more than 5% equity interest, or is a stockholder of publicly traded stock worth $10,000.00 dollars or more at fair market value or which represents more than 10% equity interest or (b) will receive a direct pecuniary fee or commission as a result of the contract; provided however, if such officer (a) is an employee of the business involved in the contract and (b) has no ownership interest or will not receive a pecuniary fee such officer shall not be deemed to have an interest within the meaning of this section.

The provisions of this section shall not apply if the interested officer:

A. Makes a declaration on the record to the Governmental Body responsible for approving the contract regarding the nature and extent of his or her interest, prior to official consideration of the contract;
B. Does not vote on the matter of granting the contract, except that if the number of members of the Board declaring an interest in the contract would prevent the Board, with all members present, from securing a quorum on the issue, then all members may vote on the matter; and
C. Does not act for the City as to inspection or performance under the contract in which he or she has an interest.

The receiving of deposits, cashing of checks, and buying and selling of warrants and bonds of indebtedness of any City by a financial institution shall not be considered a contract under the provisions 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. Notwithstanding the provisions of subsections A through C above, if an officer's parent, spouse or child is an employee of the City, 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. If an officer has the power to employ personnel and he or she hires his or her parent, spouse, or child, such officer shall disclose the hiring pursuant to subsections 1 through 5 below, except that if the parent, spouse, or child is already employed in the position at the time the officer takes office and such position does not change, no disclosure need be made. Notwithstanding any other provision of this section, any contract entered into with an interested officer shall be subject to applicable competitive bidding requirements and shall be fair and reasonable to the City.

The City Clerk shall maintain, separately from other records, a ledger containing the information listed in subsections 1 through 5 of this section about every contract entered into by the City in which an officer has an interest as specified above for which disclosure is made as provided in subsections A through C above. Such information shall be kept in the ledger for five years from the date of the officer's last day in office and shall include the:

1. Names of the contracting parties;
2. Nature of the interest of the officer in question;
3. Date that the contract was approved by the City involved;
4. Amount of the contract; and
5. Basic terms of the contract.

The information supplied relative to the contract shall be provided to the Clerk not later than ten days after the contract has been signed by both parties. The ledger kept by the Clerk shall be available for public inspection during the normal working hours of the office in which it is kept.

An open account established for the benefit of any City or entity thereof with a business in which an officer has an interest shall be deemed a contract subject to the provisions of this section. The statement required to be filed pursuant to this section shall be filed within ten days after such account is opened. Thereafter, the Clerk shall maintain a running account of all amounts purchased on the open account. Purchases made from petty cash or a petty cash fund shall not be subject to the provisions of this section.

Any officer who knowingly violates the provisions of Sections 49-14,103.01 through 49-14,103.03 RS Neb., shall be guilty of a Class III misdemeanor. Any officer who negligently violates Sections 49-14,103.01 through 49-14,103.03 RS Neb. shall be guilty of a Class V misdemeanor.

All contracts involving $100.00 dollars or less in which an officer of such City may have an interest are exempt from the above and foregoing provisions.

No officer, including volunteer firefighters and ambulance drivers, shall receive any pay or perquisites from the City other than his or her salary. The Governing Body shall not pay or appropriate any money or other valuable thing to pay a person who is not an officer for the performance of any act, service or duty, which shall come within the proper scope of the duties of any officer of the City. (Ref. 17-611, 18-305 through 18-312, 49-14,103.01 through 49-14,103.03, 70-624.04 RS Neb.) (Amended by Ord. Nos. 623, 3/1/83; 641, 10/4/83; 649, 1/3/84; 711, 9/27/86)


ARTICLE II - APPOINTED OFFICIALS

SECTION 1-201: APPOINTMENT; REMOVAL

(1) The Mayor, with the consent of the City Council, at the first City Council meeting in December of each year, 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.

(2) All police officers and other appointed officials may be removed at any time by the Mayor, except that if the City has a City Water Commissioner, he or she may at any time, for sufficient cause, be removed from office by a two-thirds (2/3) vote of the City Council. (Ref. 17-107, 17-541, 81-1438 RS Neb.) (Amended by Ord. No. 472-A, 11/1/77; 1050, 7/1/97; 1194, 12/3/01)

SECTION 1-202: MERGER OF OFFICES

The Governing Body 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 Council member, with any other elective or appointive office or employment so that one or more 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 City manager/ administrator in a city under the City manager/administrator plan of government as provided by law may in his or her discretion combine and merge any elective or appointive office or employment or any combination of duties of any such offices or employments, except Mayor and council member, with any other elective or appointive office or employment so that one or more of 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. (Ref. 17-108.02 RS Neb.) (Amended by Ord. No. 820, 12/4/90)

SECTION 1-203: CITY CLERK

The City Clerk shall attend the meetings of the Governing Body and keep a correct journal of the proceedings of that body. He or she shall keep a record of all outstanding bonds against the City and when any bonds are sold, purchased, paid or cancelled, 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 City transacted through his or her office for the year. That record shall describe in particular 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 Governing Body.

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

The City Clerk shall permit no records, public papers or other documents of the City kept and preserved in his or her office to be taken therefrom, except by such officers of the City 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 Governing Body 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.

The City 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 City, 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 Governing Body. Within 30 days after any meeting of the Governing Body, the City Clerk shall prepare and publish the official proceedings of the Governing Body in a legal newspaper of general circulation in the City, and which was duly designated as such by the Governing Body. 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. Said publication shall be charged against the General Fund. He or she shall then keep in a book with a proper index copies of all notices required to be published or posted by the City Clerk by order of the Governing Body or under the ordinances of the City. 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 City Clerk's certificate under seal where the same are required to be posted only.

The City 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 City, and in the event that the said claim is disallowed in part or in whole the City Clerk shall notify such claimant, his or her agent, or attorney by letter within five days after such disallowance, and the City Clerk shall then prepare transcripts on appeals of any disallowance of a claim in all proper cases.

The City Clerk may charge a reasonable fee for certified copies of any record in his or her office as set by resolution of the Governing Body. He or she shall destroy City records under the direction of the State Records Board pursuant to Sections 84-1201 through 84-1220; provided, the Governing Body shall not have the authority to destroy the Minutes of the City Clerk, the permanent ordinances and resolution books, or any other records classified as permanent by the State Records Board. (Ref. 17-605, 19-1102, 19-1104, 84-1201 through 84-1220, 84-712 RS Neb.)(Amended by Ord. Nos. 454-A, 4/19/76; 896, 2/2/93)

SECTION 1-204: CITY TREASURER

The City Treasurer shall be the custodian of all moneys belonging to the City. He/she shall keep all money belonging to the City separate and distinct from his/her own money. He/she shall keep a separate account of each fund or appropriation and the debits and credits belonging thereto. He/she shall issue duplicate receipts for all moneys received by him/her for the City. He/she shall give to every person paying money into the City Treasury a receipt therefor, specifying the date of payment and the account paid. One of the receipts shall be filed with his/her monthly report, and the last copy of the said receipt shall be kept on file in his/her office. His/her books, and accounts shall always be open for inspection by any citizen of the City whenever any City 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/she shall cancel all bonds, coupons, warrants and other evidences of debt against the City, whenever paid by him/her, by writing or stamping on the face thereof, "Paid by the City Treasurer," with the date of payment written or stamped thereon. He/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 cashbook shall be footed and balanced daily and he/she shall adopt such bookkeeping methods as the Governing Body shall prescribe. He/she shall invest and collect all money owned by, or owed to, the City as directed by the Governing Body. (Ref. 17-606 through 17-609, 84-712 RS Neb.)

SECTION 1-205: TREASURER'S MONTHLY REPORT

The City Treasurer shall at the end of each and every month, and such other times as the Governing Body may deem necessary, render an account to the Governing Body under oath showing the financial state of the City 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/she shall accompany the said account with a statement of all receipts and disbursements, together with all warrants redeemed and paid by him/her. He/she shall also produce depository evidence that all City money is in a solvent and going bank in the name of the City. If the City Treasurer shall neglect or fail for the space of ten days from the end of each and every month to render his/her accounts as aforesaid, the Governing Body shall, by resolution, declare the office vacant, and appoint some person to fill the vacancy. The City Treasurer shall be present at each regular meeting of the Governing Body at which time he/she shall read and file his/her monthly report. (Ref. 17-606 RS Neb.)

SECTION 1-206: TREASURER'S ANNUAL REPORT

The City Treasurer shall publish in a legal newspaper having general circulation within the City, within 60 days following the first day of August of each year, a report of the activities of his/her office, which said report shall show in detail. Said report shall include all receipts, disbursements, warrants outstanding, and the debit or credit balance of the City. (Ref. 19-1101 RS Neb.)

SECTION 1-207: CITY ATTORNEY

The City Attorney is the City's legal advisor, and as such he/she shall commence, prosecute and defend all suits on behalf of the City. When requested by the Governing Body, he/she shall attend meetings of the Governing Body and shall advise any City official in all matters of law in which the interests of the City may be involved. He/she shall draft such ordinances, bonds, contracts and other writings as may be required in the administration of the affairs of the City. He/she shall examine all bonds, contracts and documents on which the Governing Body 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/she shall prepare complaints, attend and prosecute violations of the City ordinances when directed to do so by the Governing Body. Without direction, he/she shall appear and prosecute all cases for violation of the City ordinances that have been appealed to, and are pending in any higher court. He/she shall also examine, when requested to do so by the Governing Body, the ordinance records, and advise and assist the City 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 Governing Body shall have the right to compensate the City Attorney for legal services on such terms as the Governing Body and the City Attorney may agree, and to employ any additional legal assistance as may be necessary out of the funds of the City. (Ref. 17-610 RS Neb.)

SECTION 1-208: CITY PHYSICIAN

The City Physician shall be a member of the Board of Health of the City, and perform the duties devolving upon him/her as the medical advisor of the said board. In all injuries where a liability may be asserted against the City, the City Physician shall immediately investigate the said injuries, the extent thereof, and the circumstances. He/she shall then report the results of his/her investigation with the name of the party injured and all other persons who may have personal knowledge of the matter. He/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/she shall have the right at all reasonable hours to go upon and enter all premises, buildings or other structures in the City. He/she shall perform such other duties as may be required of him/her by the laws of the State of Nebraska and the ordinances of the City. When ordered to do so by the Governing Body, he/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 Governing Body. The City Physician shall receive as compensation for his/her services such sum as the Governing Body may from time to time set. He/she shall receive no compensation for his/her services as a member of the City Board of Health. (Ref. 17-121 RS Neb.)

SECTION 1-209: CITY POLICE CHIEF

The City Police Chief shall direct the police work of the City and shall be responsible for the maintenance of law and order. He/she shall act as Health Inspector and Building Inspector, except in the event the City appoints another person. He/she shall file the necessary complaints in cases arising out of violations of city ordinances and shall make all necessary reports required by the city ordinances or the laws of the State of Nebraska. (Ref. 17-107, 17-121 RS Neb.)

SECTION 1-210: CITY POLICEMEN

The City Police, whether regular or special, shall have the power to arrest all offenders against the laws of the State of Nebraska or the City, by day or by night, and keep the said offenders in the City jail or some other place to prevent their escape until trial can be held before the proper official of the State of Nebraska or the City. They shall have full power and authority to call on any person whenever necessary to assist them in performing public duties, and failure, neglect or refusal to render such assistance shall be deemed a misdemeanor punishable upon conviction by a fine. Every City Policeman shall be expected to be conversant and knowledgeable with the City and State laws and no law enforcement official shall have any interest in any establishment having a liquor license. City Policemen shall have the duty to file such complaints and reports as may be required by the city ordinances and the laws of the State of Nebraska. Any city Policeman who shall willfully fail, neglect or refuse to make an arrest, or who purposely and willfully fails to make a complaint after an arrest is made, shall be deemed guilty of a misdemeanor, and upon conviction shall be fined. It shall be unlawful for the Governing Body to retain any city Policeman in that position after he/she shall have been duly convicted of the willful violation of any law of the United States of America, the State of Nebraska or any ordinance of the City, except minor traffic violations. It shall be the duty of every City Policeman making a lawful arrest to search all persons in the presence of some other person, whenever possible, and shall carefully keep and produce to the proper judicial official upon the trial everything found upon the person of such prisoners. All personal effects other than contraband or evidence of criminal activity so taken from prisoners aforesaid shall be restored to them upon their release. Suitable uniforms and badges shall be furnished to the City Police by the City. Any member who shall lose or destroy the same shall be required to pay the replacement costs, and in the event that any member shall leave the force, he/she shall immediately deliver his/her badge to the Police Chief. The Governing Body may from time to time provide the City Police with such uniforms, equipment and transportation as may be essential in the performance of their official duties. (Ref. 17-118, 17-124 RS Neb.)

SECTION 1-211: CITY FIRE CHIEF

The City Fire Chief shall be elected by the members of the Fire Department. He/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/she shall within two days investigate the cause, origin and circumstances of fires arising within his/her jurisdiction. He/she shall, on or before the first day in April and October of each year, cause the secretary to file with the City 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. The Governing Body shall purchase Workmen's Compensation Insurance and a group term life insurance policy for each active Volunteer Fireman. Said life insurance policy shall provide a minimum of $5,000.00 for death from any cause to age 65 and shall, at the option of the individual fireman, be convertible to a permanent form of life insurance at age 65. He/she 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/herself in a noisy and disorderly manner, or who shall refuse to obey any lawful order by the Fire Chief or Assistant Fire Chief. The Fire Chief or his/her 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 a misdemeanor 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/her jurisdiction for the purpose of examining the same for fire hazards and related dangers. (Ref. 17-147, 17-505, 35-102, 35-108, 81-506, 81-512 RS Neb.)

SECTION 1-212: SPECIAL ENGINEER

The Governing Body may employ a special engineer to make or assist the City Engineer in making any particular estimate, survey or other work. The special engineer shall make a record of the minutes of his/her surveys and all other work done for the City. He/she shall, when directed by the Governing Body, accurately make all plats, sections, profiles and maps as may be necessary in the judgment of the Governing Body. He/she shall, upon request of the Governing Body, make estimates of the costs of labor and material which may be done or furnished by contract with the City, 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 Governing Body may require. All records of the special engineer shall be public records which shall belong to the City and shall be turned over to his/her successor. (Ref. 17-405, 17-568, 17-568.01, 17-919 RS Neb.) (Amended by Ord. No. 640, 10/4/83)

SECTION 1-213: CITY WATER COMMISSIONER

The City Water Commissioner shall have general supervision and control over the City Water System and shall be primarily responsible for its economic operation and prudent management. Included in the said 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 City. All actions, decisions and procedures of the Water Commissioner shall be subject to the general directives and control of the Governing Body. The City Water Commissioner shall have the general control and supervisory authority over all employees of the Water System which the Governing Body may from time to time hire to operate and maintain the said system. Unless some other official is specifically designated, he/she shall collect all money received by the City on account of the said system of waterworks, and shall faithfully account for and pay over to the City Treasurer all such money collected in the name of the City and receive a receipt from the City Treasurer for the depository evidence of his/her faithful discharge of this duty. This receipt shall then be filed with the City Clerk, and the second copy shall be kept by the said Commissioner. He/she shall make a detailed report to the Governing Body at least once every six months of the condition of the said water system, of all mains, pipes, hydrants, reservoirs, and machinery and such improvements, repairs and extensions thereof as he/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 said waterworks system except upon the recommendation of the Commissioner. The Water Commissioner, who may be removed at any time by the Governing Body by a two-thirds (2/3) vote, shall provide a bond conditioned upon the faithful discharge of his/her duties which shall amount to not less than the amount set by resolution of the Governing Body and on file in the office of the City Clerk. The Water Commissioner shall perform such additional duties as may be prescribed by the Governing Body. (Ref. 17-107, 17-541, 17-543 RS Neb.)

SECTION 1-214: CITY SEWER COMMISSIONER

The Sewer Commissioner shall have the immediate control and supervision over all the employees and property that make up the city sewer system, subject to the general control and directives of the Governing Body. He/she shall, when requested by the Mayor and City Council, make a detailed report to the Governing Body on the condition of the sewer system, and shall direct their attention to such improvements, repairs, extensions, additions and additional employees as he/she may believe are needed along with an estimate of the cost thereof. He/she shall have such other duties as the Governing Body may delegate to him/her. He/she shall issue permits for all connections to the city sewer system, and inspect and supervise all repairs made to the said system.

In the absence of a specific appointment by the Mayor, the Water Commissioner is hereby designated to be the Sewer Commissioner. (Ref. 17-107 RS Neb.)

SECTION 1-215: CITY LANDFILL OPERATOR

The City Landfill Operator shall have the immediate control and supervision of the City Landfill, and of all dumping of garbage, refuse, waste and rubbish thereon, subject to the general control and directives of the Governing Body. He/she shall, when requested by the Mayor and City Council, make a detailed report to the Governing Body on the condition of the landfill, and shall direct their attention to such improvements, additions and additional employees as he/she may believe are needed along with an estimate of the cost thereof. He/she shall issue dumping permits if the Governing Body should require them and shall inspect and supervise all work done to improve or extend the landfill. He/she shall have such other duties as the Governing Body may delegate to him/her. He/she may be removed at any time by the Mayor.

In the absence of a specific appointment by the Mayor, the Utilities Superintendent is hereby designated to be the Landfill Operator. (Ref. 17-107 RS Neb.)

SECTION 1-216: CITY STREET COMMISSIONER

The City Street Commissioner shall, subject to the orders and directives of the Governing Body, have general charge, direction and control of all work on the streets, sidewalks, culverts and bridges of the City, and shall perform such other duties as the Governing Body may require. It shall be his/her responsibility to see that gutters and drains therein function properly, and that the same are kept in good repair. He/she shall, at the request of the Governing Body, make a detailed report to the Governing Body on the condition of the streets, sidewalks, culverts, alleys and bridges of the City, and shall direct their attention to such improvements, repairs, extensions, additions and additional employees as he/she may believe are needed to maintain a satisfactory street system in the City, along with an estimate of the cost thereof. He/she shall issue such permits and assume such other duties as the Governing Body may direct. (Ref. 17-107, 17-119, 17-214 RS Neb.)

SECTION 1-217: CITY UTILITIES SUPERINTENDENT

A Utilities Superintendent shall be appointed in the event that there is more than one city utility, and the Governing Body determines that it is in the best interest of the City to appoint one official to have the immediate control over one or more of the said city utilities. The Utilities Superintendent may be removed for good cause by the Mayor, and 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 city officials. (Ref. 17-541 RS Neb.)

SECTION 1-218: CITY BUILDING INSPECTOR

The City Building Inspector shall conduct surveys and make inspections in any area of the City to determine whether all buildings and structures are in compliance with the city ordinances. He/she shall investigate all complaints whether they are verbal, written, or in the form of a petition alleging and charging that a violation of the city ordinances exists, and that a building or structure is unfit or unsafe for human habitation. The Building Inspector is authorized upon properly identifying himself/herself to enter, inspect, survey, and investigate between the hours of 8:00 A.M. and 5:00 P.M., or at any time if an emergency exists, or if requested by the owner or occupant thereof. He/she shall keep records of all complaints received, inspection reports, orders and complaints issued. The records shall be available for public inspection, and he/she shall prepare an annual report including statistics based on the records kept. The Building Inspector shall have no financial interest in the furnishing of labor, materials or appliances for the construction, alteration or maintenance of a building, except where he/she is the owner of a building, and he/she shall not act as an agent for any said dealer, or as an agent for the sale, lease or rental of any real estate. The Building Inspector shall report to the Governing Body as often as they may deem necessary, and shall have such other duties and issue such permits as they may direct. The Building Inspector may be removed at any time for good and sufficient cause by the Governing Body.

SECTION 1-219: ZONING INSPECTOR

The Mayor may appoint a Zoning Inspector. In the absence of a specific appointment by the Mayor, the Building Inspector is hereby designated as Zoning Inspector.

SECTION 1-220: CLERK-TREASURER POSITION CREATED

The appointive offices of City Clerk and City Treasurer are hereby combined and merged, in accordance with the authority granted to the Governing Body by Section 1-202.

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. 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. (Ord. No. 638, 10/4/83)

ARTICLE III - ADMINISTRATION

SECTION 1-301: BONDS; FORM

Official bonds of the City shall be in form, joint and several, and shall be made payable to the City in such penalty as the Governing Body may set by resolution; provided, the penalty amount on any bond shall not fall below the legal minimum, when one has been set by the State of Nebraska, for each particular official. All official bonds of the city 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 no city official, while still in his/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 City. 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 City and any persons who may be injured by a breach of the conditions of such bonds. No bond shall be deemed to be given or complete until the approval of the Governing Body, and all sureties are endorsed in writing on the said instrument by the Mayor and City Clerk pursuant to the said approval of the Governing Body. The premium on any official bond required to be given may be paid out of the General Fund or other proper city fund upon a resolution to that effect by the Governing Body at the beginning of any city year. All official bonds meeting the conditions herein shall be filed with the City Clerk for his/her official records, and it shall be the duty of the City Clerk to furnish a certified copy of any bond so filed upon the payment of a fee which shall be set by resolution of the Governing Body. In the event that the sureties on the official bond of any officer of the City, in the opinion of the Governing Body, become insufficient, the Governing Body may, by resolution, fix a reasonable time within which the said officer may give a new bond or additional sureties as directed. In the event that the officer should fail, refuse or neglect to give a new bond or additional sureties to the satisfaction and approval of the Governing Body, then the office shall, by such failure, refusal or neglect, become vacant, and it shall be the duty of the Governing Body to appoint a competent and qualified person to fill the said office. Any official who is re-elected to office shall be required to file a new bond after each election. (Ref. 11-103 through 11-118, 17-604 RS Neb.)

SECTION 1-302: OATH OF OFFICE; CITY OFFICIALS

All officials of the City, whether elected or appointed, except when a different oath is specifically provided herein, shall, before entering upon their respective duties, take and subscribe the following oath which shall be endorsed upon their respective bonds:

"I _________________________________________ do solemnly swear that I will support the Constitution of the United States and the Constitution of the State of Nebraska against all enemies foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, and without mental reservation, or for the purpose of evasion; and that I will faithfully and impartially perform the duties of the office of ___________________________, according to law, and to the best of my ability. And I do further swear that I do not advocate, nor am I a member of any political party or organization that advocates, the overthrow of the government of the United States or of this State by force or violence; and that during such time as I am in this position I will not advocate, nor become a member of any political party or organization that advocates, the overthrow of the government of the United States or of this State by force or violence. So help me God."
(Ref. 11-101 RS Neb.)

SECTION 1-303: SEAL; OFFICIAL CORPORATE

The official Corporate Seal of the City shall be kept in the office of the City Clerk, and shall bear the following inscription, ''Corporate Seal, City of O'Neill, Nebraska.'' The City Clerk shall affix an impression of the said official seal to all warrants, licenses, permits, ordinances and all other official papers issued by order of the Governing Body and countersigned by the City Clerk. (Ref. 17-502 RS Neb.)

SECTION 1-304: MEETINGS; DEFINED

Meetings, as used in this Article, shall mean 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. (Ref. 84-1409(2) RS Neb.) (Ord. No.453-A, 4/19/76) (Amended by Ord. No. 639, 10/4/83)

SECTION 1-305: MEETINGS; PUBLIC BODY DEFINED

Public Body as used in this Article shall mean:

A. The Governing Body of the City,
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.

This Article 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. (Ref. 84-1409(1) RS Neb.) (Amended by Ord. Nos. 639, 10/4/83; 895, 2/2/93)

SECTION 1-306: MEETINGS; PUBLIC

(1)  All public meetings as defined by law shall be held in a public building located within the City 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 hereinafter required shall designate some other public building or other specified place.  The advance publicized notice of all public, convened meetings shall be transmitted to all members of the Council and to the public by a method designated by the Council.  Such notice shall contain the time and specific place for each meeting and either (A) an enumeration of the agenda subjects known at the time of the notice or (B) a statement that such an agenda, kept continually current, shall be available for public inspection at the office of the City Clerk.  Agenda items shall be sufficiently descriptive to give the public reasonable notice of the matters to be considered at the meeting.  The City shall have the right to modify the agenda at the public meeting when convened.  The minutes of the City Clerk shall include a record of the manner by which the advance publicized notice was given, the time and specific place of each meeting and the names of each member of the Council present or absent at each convened meeting.

(2)  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 City Clerk shall show how each member voted or that the member was absent and did not vote.

(3)  Any formal actions taken at any public meeting not in conformity with the provisions of this section shall be deemed to be void.  Any official who shall violate the provisions of this section shall be deemed to be guilty of a misdemeanor.

(4)  This section does not apply to chance meetings or to attendance at or travel to conventions or workshops of the City Council at which there is no meeting of the Council then intentionally convened, if there is no vote or other action taken regarding any matter over which the Council has supervision, control, jurisdiction or advisory power.

<>(5)  The City Council shall make available at least one current copy of the Open Meetings Act, to be posted in the meeting room at a location accessible to members of the public.  At the beginning of each meeting, the public shall be informed about the location of the posted information.
 (Ref. 84-1408, 84-1409, 84-1411, 84-1413 RS Neb.) (Amended by Ord. Nos. 453-A, 4/17/76; 639, 10/4/83; 731, 9/1/87; 1279, 12/4/06)

SECTION 1-307: MEETINGS; CLOSED SESSIONS

(1)  The Council may hold a closed session by an 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 if such individual has not requested a public meeting. The subject matter and the reason necessitating the closed session shall be identified in the motion to close.

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

(3)  The vote to hold a closed session shall be taking in open session.  The entire motion to close, the vote of each member on the holding of a closed session and the time when the closed session commenced and concluded shall be recorded in the minutes.  If the motion passes, then the Mayor shall, immediately prior to the closed session, restate on the record the limitation of the subject matter of the closed session.  In holding such a closed session, the Council shall restrict its consideration of matters during the closed portion to only those purposes set forth in the motion to close as the reason for the closed session.

(4)   Any member of the Council 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.  Such challenge shall be overruled only by a majority of the members of the Council.  Such challenge and its disposition shall be recorded in the minutes. (Ref. 84-1410 RS Neb.) (Ord. No. 453-A, 4/19/76) (Amended by Ord. Nos. 639, 10/4/83; 894, 2/2/93; 970, 3/7/95; 1279, 12/4/06)

SECTION 1-308: MEETINGS; 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 Section 1-311 of this Article 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. (Ref. 84-1411 RS Neb.) (Ord. No. 453-A, 4/19/76) (Amended by Ord. No. 639, 10/4/83)

SECTION 1-309: MEETINGS; MINUTES

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 be public records and open to public inspection during normal business hours. Minutes shall be written and available for inspection within ten (10) working days or prior to the next convened meeting, whichever occurs earlier, except an additional ten (10) days shall be allowed in the event of the Clerk's serious illness or an emergency which prohibits the writing of such minutes and making them available to the general public within ten (10) working days as set forth herein. (Ref. 84-1412, 84-1413 RS Neb.) (Ord. No. 453-A, 4/19/76; 1271, 1/9/06)

SECTION 1-310: MEETINGS; VOTES

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 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. (Ref. 17-616, 84-1413 RS Neb.) (Ord. No. 453-A, 4/19/76)

SECTION 1-311: MEETINGS; NOTICE TO NEWS MEDIA

The City 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. (Ref. 84-1411 RS Neb.) (Ord. No. 453-A, 4/19/76)

SECTION 1-312: MEETINGS; PUBLIC PARTICIPATION

Subject to the provisions of this Article, 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 Section 1-307, 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.

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. No public body shall for the purpose of circumventing the provisions of this Article 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. 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 Sections 84-1408 to 84-1414 RS Neb. 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. (Ref. 84-1412, 18-2438 RS Neb.) (Ord. No. 453-A, 4/19/76) (Amended by Ord. Nos. 639, 10/4/83; 684, 12/3/85; 732, 9/1/87)

SECTION 1-313: MEETINGS; GOVERNING BODY

Regular meetings of the Mayor and Council shall be held on the first Monday of each month, except when the first Monday is the first day of the month, then it will fall on the second Monday. All regular meetings will commence at the hour of 7:30 P.M.

At all meetings of the Council a majority of the Councilmembers shall constitute a quorum to do business. (Ref. 17-105, 17-106 RS Neb.) (Amended by Ord. Nos. 548, 10/7/80; 621, 12/14/82; 673, 4/2/85; 1076, 11/17/97)

SECTION 1-314: MEETINGS;ABSENCE OF ELECTED OFFICIAL,HEARING,VACANCY

In the event that an elected official of the City shall be absent for five consecutive regular meetings, the City Council at its next regular meeting shall hold a hearing to determine whether such absences shall be excused. Notice of such in writing shall be delivered to the absent member at least ten days prior to such hearing and he/she shall be given the opportunity to present evidence and testimony to support a determination that such absences should be excused. After such hearing, the City Council shall vote to either excuse such absences or to determine that such absences are unexcused and declare the seat vacant. In the event the seat is determined vacant, the vacancy shall be filled pursuant to Section 1-106 of Ordinance No. 819. (Added by Ord.No. 1223, 11/4/02)

SECTION 1-315: MEETINGS; ORDER OF BUSINESS

All meetings of the Governing Body shall be open to the public. Promptly at the hour set by law on the day of each regular meeting, the members of the Governing Body, the City Clerk, the Mayor and such other city officials that may be required shall take their regular stations in the meeting place, and the business of the City shall be taken up for consideration and disposition in the manner prescribed by the official agenda on file at the office of the City Clerk.

SECTION 1-316: MEETINGS; 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 city 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 said 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/her successor in office all property, records, papers and monies belonging to the same. (Ref. 17-107.02(9) RS Neb.)(Amended by Ord. No. 445 A, 4/6/76)

SECTION 1-317: MEETINGS; ORGANIZATIONAL

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 city 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 his/her candidates for appointive offices. He/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/her or her successor in office, and of each officer elected to any office to qualify prior to the first regular meeting in December following his/her 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 his/her subscribing and taking an oath to support the Constitution of the United States, the Constitution of the State of Nebraska, the laws of the City and to perform faithfully and impartially the duties of his/her office, said oath to be filed in the office of the City Clerk. Each officer who is required to give a bond shall file the required bond in the office of the City Clerk with sufficient sureties, conditioned on the faithful discharge of the duties of his/her office, with the oath endorsed thereon. (Amended by Ord. No. 446-A, 4/6/76)

SECTION 1-318: MEETINGS; NOTICE

The Governing Body shall give reasonable advance publicized notice of the time and place of each meeting as follows:

A. Notice of regular meetings shall be given by publication for at least one week in the Holt County Independent prior to said meeting.
B. Notice of special meetings shall be given by publication on KBRX Radio Station or in the Holt County Independent and posting in the O'Neill City Offices, Pinnacle Bank and United Nebraska at least two days prior to said meeting.
C. If possible notice of emergency meetings shall be given by publication on KBRX Radio Station and posting at the O'Neill City Office, and the main offices of the local banks at least 24 hours prior to said meeting; however, when notice is not practical it may be dispensed with. In this event 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 Section 1-311 of this Code 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 by no later than the end of the new regular business day.
D. Notice of committee meetings shall be given by posting at the O'Neill City Office, and the main offices of the local banks at least two days prior to said meeting.
E. All such notices shall be transmitted to all members of the public body and to the public. Such notice shall contain an agenda of subjects known at the time of the publicized notice, or a statement that the agenda, which shall be kept continually current, shall be readily available for public inspection at the principal office of the public body during normal business hours. Except for items of an emergency nature, the agenda shall not be enlarged later than 24 hours before the scheduled commencement of the meetings. The public body shall have the right to modify the agenda to include items of an emergency nature only at such public meeting.
(Ref. 84-1411 RS Neb.)(Ord. No. 668, 2/5/85) (Amended by Ord. Nos. 717, 2/3/87; 718, 3/10/87; 927, 5/3/94)

SECTION 1-319: MEETINGS; SPECIAL MEETINGS

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 City Clerk. On filing the call for a special meeting, the City 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. A majority of the members of the City Council shall constitute a quorum for the transaction of business, but a smaller number may adjourn from day to day and compel the attendance of the absent members. Whether a quorum is present or not, all absent members shall be sent for and compelled to attend.

At the hour appointed for the meeting, the City 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. All ordinances passed at any special meeting shall comply with procedures set forth in Chapter I, Article IV herein. (Ref. 17-106 RS Neb.) (Ord. No. 673, 4/2/85)

SECTION 1-320: MEETINGS; REGULAR MEETINGS

A majority of all the members elected to the City Council shall constitute a quorum for the transaction of any business, but a fewer number may adjourn from time to time and compel the attendance of absent members. 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. (Ref. 17-105 RS Neb.) (Ord. No. 1009, 2/6/96)

SECTION 1-321: MEETINGS; VIDEOCONFERENCING, WHEN ALLOWED

(1) A meeting of an organization created under the Interlocal Cooperation Act or the Municipal Cooperative Financing Act or of the governing body of a risk management pool or advisory committee organized in accordance with the Intergovernmental Risk Management Act may be held by means of videoconferencing if:
(a) Reasonable advance publicized notice is given;
(b) 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;
(c) At least one copy of all documents being considered is available to the public at each site of the videoconference;
(d) At least one member of the governing body or advisory committee is present at each site of the videoconference; and
(e) No more than one-half of the governing body's or advisory committee's meetings in a calendar year are held by videoconference.
Videoconferencing shall not be used to circumvent any of the public government purposes established in this Article.

(2) For purposes of this section, "videoconferencing" shall mean 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. (Ref. 84-1409, 84-1411 RS Neb.) (Ord. No. 1051, 7/1/97)

ARTICLE IV - ORDINANCES

SECTION 1-401: ORDINANCES, RULES, AND RESOLUTIONS; GRANT OF
POWER

The Governing Body 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 City and its trade, commerce and manufactories. (Ref. 17-505 RS Neb.) (Amended by Ord. No. 1052, 7/1/97)

SECTION 1-402: INTRODUCTION

Ordinances and resolutions may be introduced by any member of the City Council. Such introduction shall be followed by a reading by title of such Ordinance or resolution by the City Attorney.

The Council may immediately consider passage of any ordinance and proceed to do so pursuant to Section 1-406 set forth hereafter or may, by majority vote, table consideration of the ordinance until a later date.

Resolutions, once introduced, may be immediately acted upon by vote of the City Council or may, by motion and majority vote of the Council, be tabled for later consideration.

SECTION 1-403: RESOLUTIONS AND MOTIONS; PROCEDURE

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.

SECTION 1-404: STYLE

The style of all city ordinances shall be:
"Be it ordained by the Mayor and Council of the City of O'Neill, Nebraska." (Ref. 17-613 RS Neb.)

SECTION 1-405: TITLE

No ordinance shall contain a subject not clearly expressed in its title. (Ref. 17-614 RS Neb.)

SECTION 1-406: ORDINANCES, RESOLUTIONS, ORDERS, BY- LAWS;
READING; PASSAGE

Ordinances of a general or permanent nature shall be read by title on three different days unless three-fourths (3/4) of the Governing Body 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. Three-fourths (3/4) of the Governing Body may require a reading of any ordinance in full 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 Governing Body. On the passage or adoption of every bylaw or ordinance, and every resolution or order to enter into a contract by the Governing Body, the yeas and nays shall be called and recorded. To pass or adopt any bylaw, ordinance, or any such resolution or order, concurrence of a majority of the whole number of members elected to the Governing Body shall be required. All appointments of the officers by the Governing Body 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 City which utilizes an electronic voting device which allows the yeas and nays of each member of the Governing Body to be readily seen by the public. (Ref. 17-614, 17-616 RS Neb.) (Amended by Ord. Nos. 971, 3/7/95; 1052, 7/1/97)

SECTION 1-407: PUBLICATION OR POSTING

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

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

(2) In book or pamphlet form. (Ref. 17-613 RS Neb.) (Amended by Ord. No. 712, 9/27/86; 1052, 7/1/97)

SECTION 1-408: CERTIFICATE OF PUBLICATION OR POSTING

The passage, approval, and publication or posting of all ordinances shall be sufficiently proven by a certificate under the Seal of the City from the City Clerk showing that the said ordinance was passed and approved, and when and in what paper the same was published, or when, by whom and where the same was posted. (Ref. 17-613 RS Neb.)

SECTION 1-409: EFFECTIVE DATE; EMERGENCY ORDINANCES

(1) Except as provided in subsection (2) of this section, an ordinance for the government of the City which has been adopted by the Governing Body without submission to the voters of the City shall not go into effect until published as required by Nebraska law.

(2) 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 City. Such emergency ordinance shall recite the emergency, be passed by a three-fourths (3/4) vote of the Governing Body, and be entered of record on the City Clerk's minutes. (Ref. 17-613, 19-3701 RS Neb.) (Amended by Ord. No. 1052, 7/1/97)

SECTION 1-410: 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 City and modifications to zoning or building districts may be adopted as otherwise provided by law. (Ref. 17-614 RS Neb.) (Ord. No. 1052, 7/1/97)

ARTICLE V - FISCAL MANAGEMENT

SECTION 1-501: FISCAL YEAR

The fiscal year of the City and any public utility of the City commences on October 1 and extends through the following September 30 except as provided in the Municipal Proprietary Function Act. (Ref. 17-701 RS Neb.) (Amended by Ord. No. 1010, 2/6/96)

SECTION 1-502: PROPOSED BUDGET STATEMENT; FILING

(1) The Governing Body shall, not later than the first day of August of each year on forms prescribed and furnished by the Nebraska State Auditor, prepare in writing and file with the City Clerk a proposed budget statement containing the following:

(a) For the immediate two prior fiscal years, the revenue from all sources, other than revenue received from taxation, allocated to each of the several funds and separately stated as to each such source and for each fund: The unencumbered cash balance of such fund at the beginning and end of the year; the amount received by taxation allocated to each fund; and the amount of actual expenditure for each fund;
(b) For the current fiscal year, actual and estimated revenue from all sources, allocated to each of the several funds and separately stated as to each such source and for each fund: The actual unencumbered cash balance available for such fund at the beginning of the year; the amount received from taxation allocated to each fund; 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, other than revenue to be received from taxation, separately stated as to each such source to be allocated to each of the several funds, and for each fund: 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 fifty percent (50%) of the total budget adopted exclusive of capital outlay items;
(d) A statement setting out separately the amount sought to be raised from the levy of a tax on the taxable value of real property (i) for the purpose of paying the principal or interest on bonds issued by the Governing Body and (ii) for all other purposes;
(e) A uniform summary of the proposed budget statement which shall include a separate total for each fund, 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 Governing Body; and
(f) A list of the proprietary functions which are not included in the budget statement if a separate proprietary budget statement has been prepared for such proprietary functions pursuant to the Municipal Proprietary Function Act.

(2) The actual or estimated unencumbered cash balance of each fund required to be included in the budget statement by this section shall include deposits and investments of the City as well as any funds held by the County Treasurer for the City and shall be accurately stated on the proposed budget statement.

(3) 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 other than taxation 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, as determined above, plus the estimated revenue from sources other than taxation and the unencumbered balances shall equal the estimated expenditures, plus the necessary required cash reserve, for the ensuing year. (Ref. 13-504, 13-505 RS Neb.) (Amended by Ord. Nos. 935, 6/14/94; 1054, 7/1/97)

SECTION 1-503: BUDGET HEARING

Subsequent to the filing of the proposed budget statement, the Governing Body shall publish a proposed budget and conduct a public hearing on the proposed budget statement. Notice of the place and time of the said hearing, as well as a copy of the proposed budget, shall be published at least five days prior to the date set for the hearing in a newspaper of general circulation in the City. After such hearing, the statement shall be adopted, or amended and adopted as amended, and a written record shall be made of such hearing. 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. (Ref. 13-506 RS Neb.)

SECTION 1-504: ADOPTED BUDGET STATEMENT; FILING

The Governing Body shall file with and certify to the levying board on or before September 20th of each year, and file with the Nebraska State Auditor, a copy of the adopted budget statement, together with the amount of tax to be levied, setting out separately the amount to be levied for the payment of principal or interest on bonds issued by the Governing Body and the amount to be levied for all other purposes. Proof of publication shall be attached to the statements. The Governing Body shall not certify any tax that exceeds the maximum levy prescribed by State law, except that in certifying the amount to be so levied, allowance may be made for delinquent taxes not exceeding 5% of the amount to be levied plus the actual percentage of delinquent taxes for the preceding tax year. (Ref. 13-508 RS Neb.) (Amended by Ord. Nos. 483-A, 11/1/77; 936, 6/14/94: 1011, 2/6/96; 1054, 7/1/97)

SECTION 1-505: EXPENDITURES PRIOR TO ADOPTION OF BUDGET

(1) On and after the first day of its fiscal year until the adoption of the budget by the Governing Body in September, the Governing Body may expend any balance of cash on hand for the current expenses of the City. Except as provided in subsection (2) 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.

(2) The restriction on expenditures in subsection (1) of this section may be exceeded upon the express finding of the Governing Body that expenditures beyond the amount authorized are necessary to enable the City 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 Governing Body 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 City in excess of that authorized by any other statutory provision. (Ref. 13-509.01, 13-509.02 RS Neb.) (Ord. No. 972, 3/7/95)

SECTION 1-506: BUDGET PROCEDURE

The Manual of Instructions for City/Village: Budgets, prepared by the Auditor of Public Accounts, State Capitol, Lincoln, Nebraska 68509 is incorporated by reference for the purpose of proper budget preparation.

SECTION 1-507: APPROPRIATIONS

The Governing Body 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 City. (Ref. 17-706 RS Neb.) (Amended by Ord. Nos. 943, 6/14/94; 1012, 2/6/96)

SECTION 1-508: GENERAL PROPERTY TAX

The Governing Body shall cause to be certified to the County Clerk the amount of tax to be levied upon the assessed value of all the taxable property of the City for the requirements of the adopted budget for the ensuing year, including all special assessments and taxes. The maximum amount of tax which may be certified and assessed shall not require a tax levy in excess of the legal maximum as prescribed by State law. (Ref. 17-702 RS Neb.)

SECTION 1-509: EXPENDITURES

No city official shall have the power to appropriate, issue or draw any order or warrant on the City Treasury for money, unless the same has been appropriated or ordered by ordinance. No expenditure for any improvement to be paid for out of the general fund of the City shall exceed in any one year the amount provided for that improvement in the adopted budget statement. (Ref. 17-708 RS Neb.)

SECTION 1-510: CONTRACTS

The Governing Body shall, before making any contract in excess of $20,000.00 as estimated by the City Engineer for general improvements, such as water extensions, sewers, public heating system, bridges, or work on streets, or any other work or improvement where the cost of such improvement shall be assessed to the property, advertise for bids. In advertising for bids for any such work or for the purchase of such equipment, the Governing Body may cause the amount of such estimate to be published therewith.

Such advertisement shall be published once each week for three consecutive weeks in a legal newspaper published in or of general circulation in the City, or by posting a written or printed copy thereof in each of three public places in the City; provided that in case of a public emergency resulting from infectious or contagious diseases, destructive windstorms, floods, snow, 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, or war, estimates of costs and advertising for bids may be waived in the emergency ordinance when adopted by a three-fourths (3/4) vote of the Governing Body.

If, after advertising for bids as provided in this section, the Governing Body receives fewer than two bids on a contract for services, material or labor, or if the bids received by the Governing Body contain a price which exceeds the estimated cost of the project, the Governing Body shall have the authority to negotiate a contract for services, material or labor in an attempt to complete the proposed project at a cost commensurate with the estimate given.

If the materials are of such a nature that, in the opinion of the manufacturer and with the concurrence of the Governing Body, no cost can be estimated until the materials have been manufactured or assembled to the specific qualifications of the purchasing City, the Governing Body may authorize the manufacture and assemblage of such materials and may thereafter approve the estimated cost expenditure when it is provided by the manufacturer.

The city bidding procedure shall be waived 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. (Ref. 17-568.01, 17-613 RS Neb.) (Amended by Ord. Nos. 452-A, 4/19/76; 526, 11/6/79; 647, 12/6/83)

SECTION 1-511: ANNUAL AUDIT

The Governing Body shall cause an audit of the city accounts to be made by a qualified accountant as expeditiously as possible following the close of the fiscal year. 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 Governing Body. 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 City 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 City Clerk and shall become a part of the public records of the City 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. (Ref. 19-2901 through 19-2909 RS Neb.) (Amended by Ord. No. 484-A, 11/1/77)

SECTION 1-512: CLAIMS

All claims against the City shall be presented to the Governing Body 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 City in any action brought against it for an unliquidated claim which has not been presented to the Governing Body 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 City 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. (Ref. 17-714, 17-715 RS Neb.)

SECTION 1-513: WARRANTS

All warrants drawn upon the City Treasury must be signed by the Mayor and countersigned by the City Clerk, stating the particular fund to which the warrant is chargeable, the person to whom it is payable, and the purpose of the expenditure. 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. (Ref. 17-711 RS Neb.)

SECTION 1-514: TRANSFER OF FUNDS

The Governing Body may, whenever during the current fiscal year it becomes apparent due to unforeseen emergencies that there is temporarily insufficient money in a particular fund to meet the requirements of the adopted budget of expenditures for that fund, by a majority vote transfer money from other funds to such fund. No expenditure during any fiscal year shall be made in excess of the amounts indicated in the adopted budget statement, except as authorized herein. If, as the result of unforeseen circumstances, the revenue of the current fiscal year shall be insufficient, the Governing Body may propose to supplement the previously adopted budget statement and shall conduct a public hearing at which time any taxpayer may appear or file a written statement protesting the application for additional money. A written record shall be kept of all such hearings. Notice of a place and time for the said hearing shall be published at least five days prior to the date set for the hearing in a newspaper of general circulation in the City. The published notice shall set forth the time and place of the proposed hearing, the amount of additional money required, the purpose of the required money, a statement setting forth the reasons why the adopted budget of expenditures cannot be reduced to meet the need for additional money, and a copy of the summary of the originally adopted budget previously published. Upon the conclusion of the public hearing on the proposed supplemental budget and the approval by the Governing Body, the Governing Body shall file with the County Clerk and the Nebraska State Auditor a copy of the supplemental budget and shall certify the amount of additional tax to be levied. The Governing Body may then issue warrants in payment for expenditures authorized by the adopted supplemental budget. The said warrants shall be referred to as "Registered warrants," and shall be repaid during the next fiscal year from funds derived from taxes levied therefor. (Ref. 13-510, 13-511 RS Neb.)

SECTION 1-515: SPECIAL ASSESSMENT FUND

All money received on special tax assessments shall be held by the City 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 unless to reimburse the City for money expended for any such improvement. (Ref. 17-710 RS Neb.)

SECTION 1-516: SINKING FUNDS

The Governing Body, 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 assessed value of all taxable property within the City 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 City, for the purpose of establishing a sinking fund for the construction, purchase, improvement, extension or repair of the approved uses as authorized by State law. To initiate the said sinking fund, the Governing Body shall declare its purpose by resolution to submit to the qualified electors of the City the proposition to provide the improvement at the next general city election. The resolution shall set forth the improvement, the estimated cost, the amount of the annual levy, the number of years required to provide the required revenue, the name of the sinking fund proposed, and the proposition as it will appear on the ballot. Notice of the said 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 City. 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 Governing Body may then proceed to establish the said fund in conformity with the provisions of the proposition, and applicable State law. The funds received by the City Treasurer shall, as they accumulate, be immediately invested with the written approval of the Governing Body 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 Governing Body is authorized to do so by 60% of the qualified electors of the City voting at a general election favoring such a change in the use of the sinking fund. (Ref. 19-1301 through 19-1304, 77-2337, 77-2339 RS Neb.)

SECTION 1-517: GENERAL FUND

All money not specifically appropriated in the annual appropriation bill shall be deposited in and known as the General Fund.

SECTION 1-517: DEPOSIT OF FUNDS

The Governing Body, at its first meeting in each fiscal year, shall designate one or more banks of approved and responsible standing in which the City Treasurer shall keep at all times all money held by him/her; provided, if more than one bank in the City meets the requirements for approved banks as herein defined, the said funds shall be deposited in each of them, and the City Treasurer shall not give a preference to any one or more of them in the money he/she shall deposit. A bond shall be required from all banks so selected in a penal sum which equals the maximum amount on deposit at any time less the amount insured by the Federal Deposit Insurance Corporation or a pledge of sufficient assets of the bank to secure the payment of all such deposits. (Ref. 17-607, 77-2362 through 77-2364 RS Neb.)

SECTION 1-519: 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 Governing Body of such city 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. (Ref. 17-608, 17-609, 21-1316.01, 77-2341 RS Neb.) (Amended by Ord. No. 786, 11/7/89)

SECTION 1-520: BOND ISSUES

The Governing Body 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 Governing Body 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. (Ref. 10-201 through 10-411, 10-601 through 10-614, 12-1001, 17-529.01, 17-529.08, 17-534, 17-905, 17-908, 17-911, 17-939, 17-958, 17-968, 18-1801 through 18-1805, 23-343.13, 39-836 RS Neb.)

SECTION 1-521: SALES AND USE TAX

Pursuant to the approval by the electors of the City of O'Neill, Nebraska, at the primary election held on May 15, 1990, that is hereby adopted pursuant to the provisions of sections 77-2701 to 77-27,135 R.R.S. Nebraska 1943, as amended, known as the Nebraska Revenue Act of 1967, and sections 77-27,142 to 77,148 R.R.S. Nebraska 1943, as amended, known as the Local Option Revenue Act of 1969, a Sales and Use Tax effective on and after October 1, 1990, of 1% percent upon the same transactions within the corporate limits of the City of O'Neill, Holt County, Nebraska, as the same may from time to time be extended, on which the State of Nebraska is authorized to impose a tax pursuant to the provisions of the aforementioned statutes of the Sate of Nebraska as same may from time to time be amended.

Pursuant to Resolution #90-2, passed by the O'Neill City Council the proceeds of said tax shall be used as follows:

- 50% replace property tax levies;

- 25% apply to water and sewer departments;

- 25% apply to city improvement projects.

The administration of the Sales and Use Tax imposed by this ordinance, the making of returns for the ascertainment and assessment, the provisions for tax claims and remedies, the laws governing consummation of sales, penalties and collection, and for the disposition and distribution of the taxes so imposed and collected shall be as provided by Section 77-27,142 to 77-27,148 R.R.S. Nebraska 1943, as amended Section 77-2701 to 77-27,135, R.R.S. Nebraska 1943.

SECTION 1-522: DEBT COLLECTION; AUTHORITY TO CONTRACT WITH
COLLECTION AGENCY

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

(2) No debt owed pursuant to subsection (1) of this section may be assigned to a collection agency unless (a) there has been an attempt to advise the debtor by first-class mail, postage prepaid, at the last-known address of the debtor (i) of the existence of the debt and (ii) that the debt may be assigned to a collection agency for collection if the debt is not paid and (b) at least 30 days have elapsed from the time the notice was sent.

(3) 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.

(4) 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 $25.00 or 4½% 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. (Ref. 45-623 RS Neb.) (Ord. No. 937, 6/14/94)

SECTION 1-523: COLLECTION OF SPECIAL ASSESSMENTS; PROCEDURE

(1) The City shall collect the special assessments which it levies and perform all other necessary functions related thereto, including foreclosure. 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 and any interest or penalties accrued thereon.

(2) The City shall:
(a) 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
(b) File a release of assessment upon final payment of each assessment with the Register of Deeds. (Ref. 18-1216 RS Neb.) (Ord. No. 1055, 7/1/97)

SECTION 1-524: PROPERTY TAX LEVY; AUTHORITY TO SET

Upon receipt of the preliminary levy from the County Clerk, the Governing Body may either accept or change the amount of the preliminary levy established by the County. If the amount of the preliminary levy is deemed to be adequate and sufficient by the Governing Body, the preliminary levy shall become the final levy without further action by the Governing Body. The Governing Body may reject the preliminary levy and pass by a majority vote a resolution or ordinance setting the levy at a different amount prior to October 15. Such resolution or ordinance shall only be passed after the Governing Body holds a special public hearing called for such purpose and after notice of the hearing is published in a newspaper of general circulation within the City at least five days prior to the hearing. Any resolution or ordinance setting a tax levy under this section shall be forwarded to the County Clerk and certified. (Ref. 77-1601.01, 77-1601.02 RS Neb.) (Ord. No. 1056, 7/1/97)

ARTICLE VI - PLANNING COMMISSION

SECTION 1-601: MEMBERS; OFFICERS; DUTIES; ALTERNATE

(1) The Planning Commission shall consist of nine regular members who shall represent, insofar as is possible, the different professions or occupations in the City and shall be appointed by the Mayor, by and with the approval of a majority vote of the members elected to the City Council. Two of the regular members may be residents of the area over which the City is authorized to exercise extraterritorial zoning and subdivision regulation. When there is a sufficient number of residents in the zoning and subdivision regulation, one regular member of the Commission shall be a resident from such area. If it is determined by the City Council that a sufficient number of residents reside in the area subject to extraterritorial zoning and subdivision regulation and no such resident is a regular member of the Commission, the first available vacancy on the Commission shall be filled by the appointment of such an individual. For purposes of this section, a sufficient number of residents shall mean 500 residents. The term of each regular member shall be three years. All regular members shall hold office until their successors are appointed. Any member may, after a public hearing before the City Council, be removed by the Mayor with the consent of a majority vote of the members elected to the City Council for inefficiency, neglect of duty or malfeasance in office, or other good and sufficient cause. Vacancies occurring otherwise than through the expiration of term shall be filled for the unexpired portion of the term by the Mayor.

(2) All regular members of the Commission shall serve without compensation and shall hold no other city office except when appointed to serve on the Board of Adjustment as provided in Neb. Rev. Stat. §19-908. All members of the Commission may be required, in the discretion of the City Council, to give bond in a sum set by resolution of the City Council and conditioned upon the faithful performances of their duties. The Commission shall elect from its membership a Chairperson and a Secretary, and shall create and fill such other of its offices as it may determine. The term of the Chairperson and the secretary shall be one year and they shall be eligible for re-election. No member of the Commission shall serve in the capacity of both the Chairperson and 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 City Clerk where they shall be available for public inspection during office hours. The Commission shall be funded by the City Council from time to time out of the General Fund. The expenditures of the Commission, exclusive of gifts, shall be within the amounts appropriated for that purpose by the City Council; and no expenditures nor agreements for expenditures shall be valid in excess of such amounts. A number of Commissioners equal to a majority of the number of regular members appointed to the Commission shall constitute a quorum for the transaction of any business. The Commission shall hold at least one regular meeting in each calendar quarter, except the City Council may require the Commission to meet more frequently and the Chairperson of the Commission may call for a meeting when necessary to deal with business pending before the Commission. Special meetings may be held upon the call of any three members of the Commission. The Commission shall adopt rules and regulations for the transaction of business and shall keep a record of its resolutions, transactions, findings and determinations, which shall be a public record. The Commission shall make and adopt plans for the physical development of the City, including any areas outside its boundaries which, in the Commission's judgment, bear relation to the planning of the City, and shall carry out the other duties and exercise the powers specified in Neb. Rev. Stat. §19-929. All actions by the Commission shall be subject to the review and supervision of the Mayor and City Council. The Commission shall make its recommendations to the City Council so that they are received within 60 days after the Commission begins consideration of a matter relating to the comprehensive development plan, capital improvements, building codes, subdivision development, the annexation of territory or zoning. The Commission shall be responsible for making such reports and performing such other duties as the City Council may, from time to time, designate. Pursuant to Neb. Rev. Stat. §19-929(3), in addition to the original authority granted by statute and ordinance, the O'Neill Planning Commission is hereby authorized to review, investigate facts and make recommendation to the City Council for special/conditional uses of real estate within the jurisdiction of the City. (Amended by Ord. 1180, 8/6/01)

(3) The Mayor, with the approval of a majority vote of the elected members of the City Council, shall appoint one alternate member to the Commission. The alternate member shall serve without compensation and shall hold no other city office. The term of the alternate member shall be three years, and he or she shall hold office until his/her successor is appointed and approved. The alternate member may be removed from office in the same manner as a regular member. If the alternate member position becomes vacant other than through the expiration of the term, the vacancy shall be filled for the unexpired portion of the term by the Mayor with the approval of a majority vote of the elected members of the City Council. 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 is present and capable of voting. (Ref. 19-924 through 19-929 RS Neb.) (Amended by Ord. Nos. 929, 5/3/94; 973, 3/7/95; 1013, 2/6/96; 1084, 3/2/98; 1098, 7/6/98)

ARTICLE VII - BOARD OF ADJUSTMENT

SECTION 1-701: MEMBERS; OFFICERS; DUTIES AND POWERS

(1) 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 of the Board shall serve a term of three years, unless reappointed, and shall be removable only for cause by the Governing Body upon written charges and after a public hearing. 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. After the effective date of this section, the first vacancy occurring on the Board of Adjustment 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.

(2) The members of the Board shall serve without compensation and may be required, in the discretion of the Governing Body, to give a bond in a sum set by resolution of the Governing Body and conditioned upon the faithful performance of their duties. The Board shall organize at its first meeting in January of each year and elect from its membership a Chairperson and Co-Chairperson. A Secretary will be selected either from the membership or the city employees. It shall be the duty of the Secretary to keep complete and accurate minutes of all Board meetings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board and shall be public record. All meetings of the Board shall be open to the public and shall be held at such times as the Governing Body may designate or at such other times as the Chairperson may, in his or her discretion, call a meeting. 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 Board shall adopt rules in accordance with the provisions of Sections 19-901 to 19-914 RS Neb.

(3) It shall be the duty of the Board (a) to hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by a city official based on or made in the enforcement of any zoning regulation or any regulation relating to the location or soundness of structures; (b) to hear and decide, in accordance with the provisions of the zoning regulations, requests for interpretation of any map; and (c) where 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.

(4) No variance shall be authorized by the Board unless it finds that: (a) The strict application of the zoning regulation would produce undue hardship; (b) such hardship is not shared generally by other properties in the same zoning district and the same vicinity; (c) 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 (d) 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.

(5) In exercising the above-mentioned powers, the Board may 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 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 city 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.

(6) The Board shall be responsible for making such reports and performing such other duties as the Governing Body may designate. No member of the Governing Body shall serve as a member of the Board of Adjustment. No member of the Board of Adjustment shall serve in the capacity of both Chairperson and Secretary of the Board. (Ref. 19-907 through 19-910 RS Neb.) (Amended by Ord. Nos. 451-A, 4/19/76; 1014 2/6/96; 1084, 3/2/98)

ARTICLE VIII - BOARD OF HEALTH

SECTION 1-801: MEMBERS; OFFICERS; DUTIES

(1) The Governing Body 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 President of the City Council, and two other members. One member shall be a physician or health care provider, if one can be found who is willing to serve. Such physician or health care provider, if appointed, shall be the Board's medical advisor. The final member shall be the Chief of Police, the Chief of Police shall serve on the Board as Secretary and quarantine officer. The members of the Board shall serve, without compensation, a one year term of office, unless reappointed, and shall reorganize at the first meeting in December of each year. No member of the Board of Health shall hold more than one Board of Health position.

(2) The Secretary shall keep full and correct minutes and records of all meetings and file the same with the City Clerk where they shall be available for public inspection during office hours. The Board of Health shall be funded by the Governing Body 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 a