ARTICLE I - ELECTED OFFICIALS

SECTION 1-101: ENUMERATED

The electors of the City shall elect a mayor at large and one City Council member from each ward in each city election year; provided that when and if voting by wards is suspended, four Council members shall be elected at large in each elec-tion year. A total of eight Council members shall serve the City at all times. Councilmembers shall be electors of the City and residents of the ward from which they were elected. Terms of all elected officials shall commence on the first regularly scheduled City Council meeting in December of the year following their election. (Ref. Neb. Rev. Stat. §16-302.01)

SECTION 1-102: CITY MAYOR; SELECTION AND DUTIES

The mayor of the City shall have the general and immediate control over all property and officials of the City, whether elected or appointed. He/she shall pre-side at all meetings of the City Council, and may vote when such 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 min-utes 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 Coun-cil; 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. However, 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.

The mayor 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 any city official at reasonable intervals 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 ordi-nances of the City. He/she may remove at any time an appointed police officer of the City, subject to the provisions of Section 1-1304 herein. The mayor's terri-torial authority shall extend over all places within two 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 du-ties 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.

The mayor shall require all city officials and employees to give him/her a receipt for any and all articles belonging to the City now in their charge and all that may hereafter come under their charge. All outgoing city officers and employees shall deliver over to the mayor or account to him/her for all articles used by them in the duties of their office whenever their term of office or employment with the City ceases. (Ref. Neb. Rev. Stat. §16-312 through 16-316)

SECTION 1-103: 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 presi-dent of the Council, the council members shall elect one of their own body to oc-cupy the mayor's place temporarily, who shall be styled acting president of the Council. Both the president of the Council and the acting president of the Coun-cil, 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. Neb. Rev. Stat. §16-402)

SECTION 1-104: CITY COUNCIL; SELECTION AND DUTIES

The members of the City Council shall be elected and serve for a four year term. One council member from each ward shall be elected at each election so that terms are staggered. The City Council shall be the legislative division of the city government, and shall perform such duties and have such powers as may be au-thorized 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 nec-essary and appropriate in the exercise of these functions. (Ref. Neb. Rev. Stat. §16-302.01)

SECTION 1-105: CITY COUNCIL; ORGANIZATION

City Council members of this City shall take office and commence their duties on the first regular meeting in December following their election. The newly elected council members 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 Council members-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 two council members. No person shall be eligible who is not at the time of his/her election an actual resi-dent of the ward for which he/she is qualified; and should any council member move from the ward from which he/she was elected, his/her office shall thereby become vacant. (Ref. Neb. Rev. Stat. §16-302.01)

SECTION 1-106: RESIGNATIONS

All resignations of the mayor and council members shall be in writing and submit-ted to the City Council for acceptance. Resignations shall not be effective until accepted by formal action of the City Council. No resignations shall be accepted unless a quorum for conducting business will remain after such acceptance of such resignation. (Ref. Neb. Rev. Stat. §32-562)

SECTION 1-107: ELECTED OFFICIALS; VACANCY

Vacancies in city elected offices shall be filled by the mayor and Council for the balance of the unexpired term except as provided in this section. Notice of a va-cancy, except a vacancy resulting from the death of the incumbent, shall be in writing and presented to the Council at a regular or special meeting and shall ap-pear 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 newspaper of general circulation within the City or by posting in three public places in the City the office vacated and the length of the unexpired term.

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

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

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

The mayor shall cast his/her vote only in case of a tie vote of the City Council. All City Council members shall cast a ballot for or against each nominee. The mayor and Council may, in lieu of filling a vacancy in a city office as provided above in this section, call a special city election to fill such vacancy.

If there are vacancies in the offices of a majority of the members of the City Council, there shall be a special municipal election conducted by the Secretary of State to fill such vacancies. (Ref. Neb. Rev. Stat. §32-568, 32-569)

SECTION 1-108: 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 ab-sence, until the mayor returns.

When the successful candidate for mayor shall be prevented from assuming of-fice, the incumbent mayor shall not be entitled to hold over the term, but such of-fice shall automatically become vacant and the president of the Council shall ex-ercise 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 1-106. (Ref. Neb. Rev. Stat. §32-568)

SECTION 1-109: 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 ap-pointive 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 pri-mary election and elected at the time of a statewide general election; any of-fice 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 con-junction 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 Legisla-ture, 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 candi-date, to petition on the ballot as a candidate, to accept a nomination by a po-litical party or by party convention, caucus or committee to fill a vacancy or to be declared a 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, ex-cept 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. Neb. Rev. Stat. §16-305, 16-311, 32-109, 32-603, 32-604)

SECTION 1-110: COMPENSATION; CITY OFFICIALS

The compensation of any elective official of the City shall not be increased or di-minished 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 City Council or 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. Such person may be rehired after the term of office dur-ing which he/she resigned at a greater salary. All salaries shall be set by ordi-nance of the City Council, after considering the recommendations of the Person-nel Board, and will be available for public inspection at the office of the city clerk. (Ref. Neb. Rev. Stat. §16-310, 16-326)

SECTION 1-111: 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 con-tract 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/her parent, spouse, or child (a) has a business with which the individual is associated or a 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 indi-vidual's immediate family is a stockholder of a closed corporation stock worth $1,000.00 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 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 con-tract 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 City Council regarding the nature and extent of his/her interest, prior to official consideration of the contract;

B. Does not vote on the matter of granting the contract, except that if the num-ber of members of the Council declaring an interest in the contract would prevent the Council, 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/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 con-sidered 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 appli-cable 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/she hires his/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 con-tract 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:

1. Names of the contracting parties;
2. Nature of the interest of the officer in question;
3. Date that the contract was approved;
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 sub-ject to the provisions of this section.

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

All contracts involving $100.00 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/her salary. The City Council 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. Neb. Rev. Stat. §16-502, 18-305 through 18-312, 49-14,103.01 through 49-14,103.03, 70-624.04)

ARTICLE II - APPOINTED OFFICIALS

SECTION 1-201: APPOINTMENT; REMOVAL

The mayor, with the consent of the City Council, may appoint such officers as shall be required by ordinance or otherwise required by law. The mayor, by and with the consent of the City Council, shall appoint a number of regular police offi-cers 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.

All police officers and other appointed officials may be removed at any time by the mayor with the approval of a majority of the Council; 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. Removal of police officers may be appealed pursuant to Section 1-1304. (Ref. Neb. Rev. Stat. §16-308, 16-309)

SECTION 1-202: MERGER OF OFFICES

The City Council may, at its discretion, by ordinance, combine and merge any elective or appointive office or employment or any combination of duties of any such office(s) or employment(s), except mayor and Council members, with any other elective or appointive office or employment so that one or more such of-fice(s) or employment(s) or any combination of duties of any such office(s) or employment(s) may be held by the same officer or employee at the same time. The office(s) or employment(s) so merged and combined shall always be con-strued 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 offi-cer or employee holding the merged or combined office(s) or employment(s) shall not be in excess of the maximum amount provided by law for the salary or compensation of the office(s) or employment(s) so merged and combined. For purposes of this section, volunteer firefighters and ambulance drivers shall not be considered officers. (Ref. Neb. Rev. Stat. §16-305, 16-318.01)

SECTION 1-203: 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 City Council by Section 1-202. The office so merged and combined shall always be construed to be sepa-rated, and the effect of the combination or merger shall be limited to a consolida-tion 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. (Ref. Neb. Rev. Stat. §16-318.01)

SECTION 1-204: CITY CLERK

The city clerk shall attend the meetings of the City Council and keep a correct journal of the proceedings of that body. He/she shall keep a record of all out-standing bonds against the City and when any bonds are sold, purchased, paid or cancelled, said record shall show the fact. At the end of the fiscal year, he/she shall make a report of the business of the City transacted through the clerk's of-fice 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 ex-pense thereof. He/she shall file all official bonds after the same shall have been properly executed and approved. He/she shall make the proper certificate of passage which shall be attached to original copies of all bond ordinances hereaf-ter enacted by the City Council.

The city clerk shall issue all licenses, permits and occupation tax receipts author-ized by law and required by the city ordinances. He/she shall collect all occupa-tion taxes and license money, except where another city officer is specifically charged with that duty. He/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 the office to be taken therefrom, except by such offi-cers of the City as may be entitled to the use of the same, but only upon their leaving a receipt therefor. He/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/she shall include as part of his/her records all petitions under which the City Council shall order public work to be done at the expense of the property fronting thereon, together with references to all resolutions and ordi-nances relating to the same. He/she shall endorse the date and hour of filing upon every paper or document so filed in his/her office. All such filings made shall be properly docketed. Included in his/her records shall be all standard codes, amendments thereto, and other documents incorporated by reference.

The city clerk shall keep an accurate and complete account of the appropriation of the several funds and draw, sign and attest all warrants ordered for the pay-ment of money on the particular fund from which the same is payable. At the end of each month, he/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 during the time that the clerk's office is regularly open for business.

The city clerk shall deliver all warrants, ordinances and resolutions under his/her charge to the mayor for his/her signature. He/she shall also deliver to officers, employees and committees all resolutions and communications which are di-rected at said officers, employees or committees. With the seal of the City, he/she shall duly attest the mayor's signature to all ordinances, deeds and pa-pers required to be attested to when ordered to do so by the City Council. Within 30 days after any meeting of the City Council, the city clerk shall prepare and publish the official proceedings of the City Council in a legal newspaper of gen-eral circulation in the City, and which was duly designated as such by the City Council. Said publication shall set forth a statement of the proceedings thereof and shall also include the amount of each claim allowed, the purpose of the claim, and the name of the claimant, except that the aggregate amount of all pay-roll 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/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 City Council 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 re-quired to be posted only.

The city clerk shall receive all objections to creation of paving districts and other street improvements. He/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 the office as set by resolution of the City Council. He/she shall destroy city re-cords under the direction of the State Records Board pursuant to Sections 84-1201 through 84-1220; provided, the City Council 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. Neb. Rev. Stat. §16-317, 19-1102 through 19-1104, 84-1201 through 84-1220, 84-712)

SECTION 1-205: CITY TREASURER

The city treasurer shall be the custodian of all money belonging to the City. He/she shall keep a separate account of each fund or appropriation and the deb-its and credits belonging thereto. He/she shall issue duplicate receipt for all moneys received by him/her for the City. He/she shall give to every person pay-ing 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 re-port, 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, pur-chase 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 treas-urer," 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 delin-quent taxes. The treasurer's daily cashbook shall be footed and balanced daily and he/she shall adopt such bookkeeping methods as the City Council shall pre-scribe. He/she shall invest and collect all money owned by, or owed to, the City as directed by the City Council. (Ref. Neb. Rev. Stat. §16-318, 77-2210 through 77-2212, 84-712)

SECTION 1-206: TREASURER'S MONTHLY REPORT

The city treasurer shall, at the end of each and every month, and such other times as the City Council may deem necessary, render an account to the City Council under oath showing the financial state of the 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 war-rants redeemed and paid by him/her. He/she shall also produce depository evi-dence 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 City Council 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 City Council at which time he/she shall read and file his/her monthly report. (Ref. Neb. Rev. Stat. §16-318))

SECTION 1-207: TREASURER'S ANNUAL REPORT

The city treasurer shall publish in a legal newspaper having general circulation within the City, within 60 days following the close of the municipal fiscal year, a report of the activities of his/her office, which said report shall show in detail all receipts, disbursements, warrants outstanding, and the debit or credit balance of the City. (Ref. Neb. Rev. Stat. §19-1101)

SECTION 1-208: 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 City Council, he/she shall attend meetings of the City Council 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 documents as may be required in the administration of the affairs of the City. He/she shall ex-amine all bonds, contracts and documents on which the City Council will be re-quired to act. He/she shall prepare complaints, attend and prosecute violations of the city ordinances when directed to do so by the City Council. Without direc-tion, he/she shall appear and prosecute all cases for violation of the city ordi-nances that have been appealed to and are pending in any higher court. He/she shall also examine the ordinance records when requested to do so by the City Council and shall 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 ordi-nance to insure that they will be valid. The City Council shall have the right to compensate the city attorney for legal services on such terms as the City Council 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. Neb. Rev. Stat. §16-319)

SECTION 1-209: CITY POLICE CHIEF

The city police chief shall direct the police work of the City and shall be responsi-ble for the maintenance of law and order. When requested to do so, he/she shall act as sergeant-at-arms at council meetings. 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 Ne-braska. (Ref. Neb. Rev. Stat. §16-225, 16-323)

SECTION 1-210: CITY POLICE OFFICERS

City police officers shall be expected to be conversant with city and state laws and 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. 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. It shall be the duty of every city police officer 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. Any city police officer who shall willfully fail, neglect or refuse to make an arrest, or who purposely and willfully fails to make a com-plaint after an arrest is made, shall be deemed guilty of a misdemeanor, and upon conviction shall be fined. Police officers shall have full power and authority to call on any person whenever necessary to assist them in performing public du-ties; and failure, neglect or refusal to render such assistance shall be deemed a misdemeanor punishable upon conviction by a fine. It shall be unlawful for the City Council to retain any city police officer 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. No law enforcement official shall have any interest in any establish-ment having a liquor license. 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 City Council may from time to time provide the city police with such equip-ment and transportation as may be essential in the performance of their official duties. (Ref. Neb. Rev. Stat. §16-225, 16-323)

SECTION 1-211: CITY ENGINEER

The city 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 City Council, accurately make all plats, sections, profiles and maps as may be necessary in the judgment of the City Council. He/she shall, upon request of the City Council, make estimates of the costs of labor and material which may be done or fur-nished by contract with the City, and make all surveys, estimates and calcula-tions necessary for the establishment of grades, bridges, building of culverts, sewers, electric light system, waterworks, power plant, public heating system, curbing and gutters, and the improvement of streets and erection and repair of buildings, and shall perform such other duties as the City Council may require. All records of the special engineer shall be public records which shall belong to the City and shall be turned over to his/her successor. (Ref. Neb. Rev. Stat. §16-320, 16-321)

SECTION 1-212: SPECIAL ENGINEER

The City Council may, whenever they deem it expedient, employ a special engi-neer to make or assist in making any particular estimate or survey. Any such es-timate or survey shall have the same validity and serve in all respects as though the same had been made by the city engineer. (Ref. Neb. Rev. Stat. §16-322)

SECTION 1-213: RECREATION DIRECTOR

The recreation director shall be appointed and serve the term of office and be subject to removal as provided in Section 1-201. Under the supervision of the city administrator, the recreation director shall have responsibility for a compre-hensive community recreation program and other designated activities. He/she shall plan, organize and direct staff and supervise recreation programs. He/she shall provide general supervision for recreational leaders, volunteer workers and instructors of city programs. He/she shall encourage community participation and be responsible for operating procedures necessary to accomplish objectives based on administrative direction.

Specific duties and responsibilities of the city recreation director shall include, but not be limited to, the following:

1. Be responsible for the overall operation and supervision of personnel for the community recreation program.
2. Requisition equipment and supplies for community recreational facilities and programs.
3. Select and recommend employment of recreation personnel in accordance with established procedures.
4. Inform staff in regard to policies, procedures and philosophy of the recreation program; conduct training, hold conferences and provide direction to the complete recreation staff and volunteers.
5. Develop and handle all public relations for the recreation program.
6. Confer with officers/representatives of other established recreational organi-zations/city programs pertaining to the status, development and coordination of the community recreation program.
7. Inspect park areas, facilities and equipment to determine safety, adequacy and maintenance.
8. Personally organize and direct recreational activities.
9. Prepare correspondence and communications relative to the recreational di-vision.
10. Be responsible for coordinating the city beautification program including flower and tree planting in cooperation with appropriate city boards.
11. Prepare and submit the annual budget to the Park Board and city administra-tor for consideration.
12. Prepare and submit an annual report to the Park Board and city administrator relative to the yearly activities.
13. Maintain proper records, reports, inventories and work schedules.
14. Assume all other assigned tasks as required and other duties as needed which are not included in this job description.

SECTION 1-214: CODE ENFORCEMENT OFFICER

There is hereby created the position of code enforcement officer. The party oc-cupying such position, together with the police department, is hereby charged with the duty of maintaining and properly policing parking and nuisance violations in the City and shall have the full authority for executing notices of parking and nuisance violations in the city. In addition thereto, the duties of the code en-forcement officer shall include all duties of the humane officer position under the Plattsmouth city code.

Such officer shall be appointed by the mayor, and his/her appointment shall be subject to confirmation by the City Council. The code enforcement officer shall report directly to the city administrator, and his/her compensation shall be as de-termined by the mayor, subject to confirmation by the City Council.

SECTION 1-215: STREET AND PROPERTY MAINTENANCE
SUPERINTENDENT

The street and property maintenance superintendent shall, subject to the specific direction of the City Council through the mayor and subject to the general super-vision of the city administrator, supervise all projects to improve and maintain all city property. This property includes, but is not limited to, parks (the park im-provements as planned by the Park Board), recreational areas, streets, side-walks, culverts and bridges of the City. The street and property maintenance su-perintendent is also charged with maintaining all equipment used by the street and property maintenance department in performing its functions. 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 City Council, make a detailed report to the City Council on the condition of the streets, sidewalks, culverts, alleys and bridges, and shall direct their attention to such im-provements, 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 City Council may direct. The street and property main-tenance superintendent is appointed by the mayor and subject to removal as set forth in Section 1-201. (Ref. Neb. Rev. Stat. §16-324)

The street and property maintenance superintendent’s salary shall be determined by the mayor, subject to confirmation by the City Council.

SECTION 1-216: CITY ADMINISTRATOR

The city administrator is the non-elected head of city government under the direc-tion and control of the mayor and City Council. The city administrator is ap-pointed by the mayor upon approval of a majority of the City Council and may be removed at any time upon notice given by the mayor after approval by a majority of the City Council.

The city administrator is the administrative supervisor of all city departments. Except for purposes of inquiry and except as managed by the mayor and City Council through its liaison committee, the mayor and City Council shall manage the affairs of the City through the city administrator.

The city administrator shall direct the affairs of the City through planning and co-ordination of functions. He/she will coordinate the operations of the departments with the department heads. He/she will also ensure compliance with city proce-dures and policies; promote training programs; and foster good employee rela-tions.

The city administrator shall:

1. Keep the mayor and City Council fully advised about the City's financial con-dition and the City's needs, prepare the annual estimates of revenues and expenditures, and prepare a proposed budget to present a complete financial plan to the mayor and City Council prior to the Council's consideration and adoption of the annual appropriation ordinance; and supervise and control the budgeted expenditures.

2. Initially review the department heads' proposed discipline and discharge of an employee to ensure compliance with legal requirements and to determine if it is necessary to refer the matter to the city attorney for review before de-partment heads take action. The city administrator shall also ensure that the City complies with the city Civil Service laws. The city administrator may also temporarily transfer employees between departments, divisions and services to meet emergencies.

3. Attend all meetings of the City Council and report any matter concerning city affairs; and attend such other meetings of departments and officials as these duties require or as directed by the mayor and Council.

4. Investigate the affairs of the City and make recommendations to the mayor and Council for action deemed necessary or expedient for the good of the city government.

5. Investigate, or have investigated, all complaints filed against any employee, department, division or service of the City and to report such investigation with recommendations to the mayor and Council.

6. Serve as purchasing agent of the City for all items not budgeted; serve as purchasing agent for all purchases which exceed $1,000.00 after approval by the mayor and City Council.

7. Perform such other duties and exercise such other powers as required by or-dinance or prescribed by resolution of the mayor and Council.

The city administrator shall not participate in any political activity on behalf of candidates or issues involving public trust except for the casting of an individual ballot. The administrator shall be an officer of the City within the meaning of Neb. Rev. Stat. §16-502, and shall be subject to and bound by its provisions. (Ref. Neb. Rev. Stat. §16-308)

SECTION 1-217: UTILITIES SUPERINTENDENT

The utilities superintendent shall be the official who shall have the immediate charge of the sewer and water departments of the City. The utilities superinten-dent shall be under the direction and control of the city administrator at all times. He/she shall be appointed by the mayor in the manner of other appointed officials and may be removed by a majority vote of the City Council for any good and suf-ficient cause. The utilities superintendent shall have the immediate control of the water plant, pump house and machinery and appliances used in connection with producing and distributing water to inhabitants of the City and the sewerage sys-tems of the City. The utilities superintendent shall read or cause to be read the water meters of the customers of the water department. He/she shall supervise and inspect repairs and maintenance work on the city water and sewer systems. He/she shall enforce the laws of the City relating to the water and sewer depart-ments as well as carry out any order or directive of the city administrator. All employees under his/her direction shall obey his/her orders. The utilities superin-tendent or his/her duly authorized agent shall have free access at proper hours of the day to all parts of each premises and building to or in which water or sewer service is furnished to examine the pipes and fixtures and ascertain whether there is any disrepair or violation of city law. (Ref. Neb. Rev. Stat. §16-308, 17-541, 17-543)

SECTION 1-218: BUILDING INSPECTOR

The building inspector is hereby authorized and directed to enforce all the provi-sions of the city code pertaining to building construction and repair. For such purpose, he/she shall have the powers of the city police. Whenever any building or construction work is being done contrary to the provisions of the building code, electrical code, plumbing code or gas code, it shall be the duty of the building in-spector to order the work stopped by notice in writing served on any persons en-gaged in doing or causing the work to be done. Any such person shall immedi-ately stop, or cause to be stopped, said work until authorization is received from the building inspector to continue the work. When any structure is in a danger-ous condition or the building is being used contrary to the provisions of the laws of the City, the building inspector may order such use discontinued or the struc-ture or portion thereof in violation vacated. The building inspector, acting in good faith and without malice in the discharge of his/her duties, shall not thereby ren-der himself/herself personally liable and is hereby relieved from all personal liabil-ity for any damage that may accrue to persons or property as the result of any act or omission in the discharge of his/her duties. Any suit brought against the building inspector because of an alleged act or omission performed by him/her in the enforcement of any provisions of the city codes relating to buildings or build-ing construction shall be defended by the legal department of the City until final termination of the proceedings. The building inspector may request the assis-tance and cooperation of other officials of the City and shall receive the same in-sofar as may be necessary in the discharge of his/her duties. The inspector shall have such other additional duties and make such reports as the City Council may prescribe from time to time. (Ref. Neb. Rev. Stat. §16-308)

SECTION 1-219: ELECTRICAL INSPECTOR

The electrical inspector shall be appointed in the manner of other appointed offi-cials and shall hold office at the pleasure of the City Council. He/she may be re-moved from office for cause only after a full hearing before the City Council. It shall be unlawful for the electrical inspector to engage in the business of install-ing or selling electrical supplies or materials, either directly or indirectly, and he/she shall have no financial interest in any concern engaged in such business at any time while he/she holds the office of electrical inspector. All records of the electrical inspector shall be filed and preserved in the office of the city clerk un-less some other place is specifically provided for the keeping of such records. All records of the electrical inspector shall be public records and shall remain the property of the City at all times. The electrical inspector shall have the duty and authority to order electrical service shut off and service disconnected during any period when the use of such service appears hazardous to the occupant of the premises served. It shall be unlawful for the owner of any premises or property to neglect or fail to properly repair or replace any defective electrical work, appli-ance or appurtenance to the electrical system of the City after notice to do so has been served upon said owner by the electrical inspector. When acting within the scope of his/her duties and without malice or gross negligence, the electrical in-spector shall not render himself/herself personally liable for damage caused by him/her and is hereby relieved from all personal liability for any damage that may accrue to persons or property as the result of any act or omission. Any suit brought against the electrical inspector because of an alleged act or omission performed by him/her in the enforcement of any provision of the city code relating to electrical work shall be defended by the legal department of the City until final termination of the proceedings. The electrical inspector may request, and shall receive insofar as may be necessary in the discharge of his/her duties, the assis-tance and cooperation of other officials of the City. The electrical inspector shall have the duty of inspecting and approving all connections with the city electrical system. (Ref. Neb. Rev. Stat. §16-308)

SECTION 1-220: PLUMBING INSPECTOR

The plumbing inspector shall be appointed in the manner of other appointed offi-cials and shall hold office at the pleasure of the City Council. He/she may be re-moved from office for cause only after a full hearing before the City Council. It shall be unlawful for the plumbing inspector to engage in the business of install-ing or selling plumbing fixtures, supplies or materials, either directly or indirectly, and he/she shall have no financial interest in any concern engaged in such busi-ness at any time while he/she holds the office of plumbing inspector. All records of the plumbing inspector shall be filed and preserved in the office of the city clerk unless some other place is specifically provided for the keeping of such re-cords. All records of the plumbing inspector shall be public records and shall re-main the property of the City at all times. Whenever the plumbing inspector shall determine that any premises or property is unfit for human habitation by reason of a defective plumbing, heating, water treatment, sewage or drainage system, appliance or accessory, he/she may order the property vacated by posting a copy of his/her order of vacation in a conspicuous place on such premises and by serving a copy thereof upon every person owning or occupying such premises or property. It shall be unlawful for any person to fail or refuse to comply with such notice. The plumbing inspector shall have the duty and authority to order water and sewer service shut off and service disconnected during any period when the use of such service appears hazardous to the occupant of the premises served. It shall be unlawful for the owner of any premises or property to neglect or fail to properly repair or replace any defective plumbing or heating appliance or appurtenance to the utility systems of the City after notice to do so has been served upon said owner by the plumbing inspector. When acting within the scope of his/her duties and without malice or gross negligence, the plumbing in-spector shall not render himself/herself personally liable for damage caused by him/her and is hereby relieved from all personal liability for any damage that may accrue to persons or property as the result of any act or omission. Any suit brought against the plumbing inspector because of an alleged act or omission performed by him/her in the enforcement of any provision of the city code relating to plumbing shall be defended by the legal department of the City until final ter-mination of the proceedings. The plumbing inspector may request, and shall re-ceive insofar as may be necessary in the discharge of his/her duties, the assis-tance and cooperation of other officials of the City. The plumbing inspector shall have the duty of inspecting and approving all connections with the city water and sewer systems. (Ref. Neb. Rev. Stat. §16-308)

SECTION 1-221: ZONING INSPECTOR

The zoning inspector shall be appointed in the manner of other appointed offi-cials and shall hold office at the pleasure of the City Council. He/she shall en-force the various provisions of the city code that relating to zoning. He/she shall act in an advisory capacity to the Planning Commission. (Ref. Neb. Rev. Stat. §16-308)

SECTION 1-222: ZONING DIRECTOR

The zoning director shall be appointed in the manner of other appointed officials and shall hold office at the pleasure of the City Council. He/she shall enforce the various provisions of the city code that relating to zoning.

SECTION 1-223: CITY INSPECTOR POSITION CREATED

The appointive offices of building inspector, electrical inspector, plumbing inspec-tor, zoning inspector and zoning director are hereby combined and merged, in accordance with the authority granted to the City Council by Section 1-202. The title for the merged office is city inspector. The offices 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. In addition to the official duties of the merged or combined offices, the city inspector also has the duty to view and inspect all lots and parcels of land for weeds and worthless vegetation and to view and inspect all sidewalks contiguous to public property within the City to ascertain if any snow, ice, mud or other obstructions encroach upon the sidewalks. 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.

The city inspector has the power to enforce all city ordinances which he/she has the duty to enforce. In enforcing these ordinances, the city inspector is author-ized to issue citations, on oath, for any violation of these city ordinances following training on the issuance of citations. The city inspector shall not have the power to arrest or detain any person for any alleged violation. The city inspector, or any other official authorized, is empowered to serve notices pertaining to these mat-ters.

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 set by Nebraska law or as the City Council 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 guar-anty, 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 City Council, and all sureties are endorsed in writing on the said instrument by the mayor and city clerk pursuant to the said approval of the City Council. The premium on any official bond required to be given may be paid out of the General Fund or other proper city fund upon a resolution to that effect by the City Council at the beginning of any city year. All official bonds meeting the condi-tions 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 City Council. In the event that the sureties on the official bond of any officer of the City become insuf-ficient in the opinion of the City Council, the Council may, by resolution, fix a rea-sonable time within which the said officer may give a new bond or additional sureties as directed. In the event that the officer should fail, refuse or neglect to give a new bond or additional sureties to the satisfaction and approval of the City Council, then the office shall, by such failure, refusal or neglect, become vacant, and it shall be the duty of the City Council to appoint a competent and qualified person to fill the said office. Any official who is re-elected to office shall be re-quired to file a new bond after each election. [Ref. Neb. Rev. Stat. §11-103 through 11-118, 16-219]

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 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 alle-giance to the same; that I take this obligation freely and without mental reserva-tion 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 mem-ber 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. Neb. Rev. Stat. §11-101]

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 Plattsmouth, Ne-braska, Incorporated 1855.'' The city clerk shall affix an impression of the said official seal to all warrants, licenses, permits, ordinances and all other official pa-pers issued by order of the City Council and countersigned by the city clerk. [Ref. Neb. Rev. Stat. §16-115]

SECTION 1-304: MEETINGS; DEFINED

Meetings, as used in this article, shall mean all regular, special or called meet-ings, 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. Neb. Rev. Stat. §84-1409(2)]

SECTION 1-305: MEETINGS; PUBLIC BODY DEFINED

"Public body" as used in this article shall mean:

A. The City Council 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 par-ent body. [Ref. Neb. Rev. Stat. §84-1409(1)]

SECTION 1-306: MEETINGS; 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 des-ignate some other public building or other specified place. Council meetings shall normally be held within the corporate limits of Plattsmouth but may be held outside of the City if proper notice is given as set forth below. The advance pub-licized notice of all public, convened meetings shall be simultaneously transmit-ted to all members of the City Council and to the public by a method designated by the City Council or by the mayor if the City Council has not designated a method. Such notice shall contain the time and specific place for each meeting and either an enumeration of the agenda subjects known at the time of the no-tice, or a statement that such an agenda, kept continually current, shall be readily available for public inspection at the office of the city clerk. Except for items of an emergency nature, the agenda shall not be altered later than (a) 24 hours before the scheduled commencement of the meeting or (b) 48 hours before the sched-uled commencement of a meeting of the City Council scheduled outside the cor-porate limits of the City. The City Council shall have the right to modify the agenda to include items of an emergency nature only at such public meetings. The minutes of the city clerk shall include the record of the manner and advance time by which the publicized notice was given, a statement of how the availability of an agenda of the then known subjects was communicated, the time and spe-cific place of each meeting, and the names of all members of the City Council present or absent at each convened meeting. The minutes of the City Council shall be a public record open to inspection by the public upon request at any rea-sonable time at the office of the city clerk. 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 mem-ber voted, or that the member was absent and did not vote. [Ref. Neb. Rev. Stat. §84-1408, 84-1409, 84-1411, 84-1413]

SECTION 1-307: MEETINGS; ROBERT'S RULES OF ORDER

Robert's Rules of Order are hereby adopted and shall govern the conduct of all meetings.

SECTION 1-308: MEETINGS; CLOSED SESSIONS

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

(a) Strategy sessions with respect to collective bargaining, real estate pur-chases, pending litigation or litigation which is imminent as evidenced by communication of a claim or threat of litigation to or by the public body;
(b) Discussion regarding deployment of security personnel or devices;
(c) Investigative proceedings regarding allegations of criminal misconduct; or
(d) Evaluation of the job performance of a person when necessary to prevent needless injury to the reputation of a person and if such person has not requested a public meeting.

Nothing in this section shall permit a closed meeting for discussion of the ap-pointment or election of a new member to any public body. The city administra-tor, city attorney and city clerk shall attend all closed sessions unless the Council votes to enter closed session without such officials.

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

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

Nothing in this section shall be construed to require that any meeting be closed to the public. No person or public body shall fail to invite a portion of its members to a meeting and no public body shall designate itself a subcommittee of the whole body for the purpose of circumventing the provisions of this article. No closed session, informal meeting, chance meeting, social gathering, or electronic communication shall be used for the purpose of circumventing the provisions of this article.

The provisions of this article shall not apply to chance meetings, or to attendance at or travel to conventions or workshops of members of a public body at which there is no meeting of the body then intentionally convened and there is no vote or other action taken regarding any matter over which the public body has super-vision, control, jurisdiction or advisory power. (Ref. Neb. Rev. Stat. §84-1410)

All matters discussed in closed session shall remain confidential and the mem-bers of the Council and other parties present at such a closed session shall not reveal the discussions undertaken or statements made by any person in the closed session.

SECTION 1-309: 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 1-312 of this article shall be complied with in conducting emergency meetings. Complete minutes of such emergency meet-ings 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. Neb. Rev. Stat. §84-1411)

SECTION 1-310: 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 working days or prior to the next convened meeting, whichever occurs earlier. (Ref. Neb. Rev. Stat. §84-1412, 84-1413)

SECTION 1-311: 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. Neb. Rev. Stat. §16-503, 84-1413)

SECTION 1-312: 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 reason-able 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. Neb. Rev. Stat. §84-1411)

SECTION 1-313: 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 meet-ing of a public body, except for closed meetings called pursuant to Section 1-308, may be videotaped, televised, photographed, broadcast or recorded by any per-son 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 meet-ing, 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 ad-dress 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 tradi-tional 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 discus-sion 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. Neb. Rev. Stat. §84-1412, 18-2438)

SECTION 1-314: MEETINGS; CITY COUNCIL

Regular meetings of the mayor and City Council shall be held on the first and third Monday of each month. 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. Neb. Rev. Stat. §16-401)

SECTION 1-315: MEETINGS; ORDER OF BUSINESS

All meetings of the City Council shall be open to the public. Promptly at the hour set by law on the day of each regular meeting, the members of the City Council, the 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 of-ficial 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 elec-tion 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 busi-ness 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. Neb. Rev. Stat. §16-302.01)

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 quali-fied, 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 subscrib-ing and taking an oath to support the Constitution of the United States, the Con-stitution 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. (Ref. Neb. Rev. Stat. §16-302.01)

SECTION 1-318: MEETINGS; SPECIAL MEETINGS

Special meetings may be called by the mayor or by four 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. Neb. Rev. Stat. §16-401)

SECTION 1-319: MEETINGS; QUORUM

A majority of all the members elected to the City Council shall constitute a quo-rum 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. Neb. Rev. Stat. §16-401)

SECTION 1-320: 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 man-agement pool or advisory committee organized in accordance with the Intergov-ernmental 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 be-tween meeting participants shall be possible at all meeting locations. (Ref. Neb. Rev. Stat. §84-1409, 84-1411)

ARTICLE IV - ORDINANCES

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

The City Council may make all ordinances, bylaws, rules, regulations and resolu-tions, not inconsistent with the laws of the State of Nebraska, as may be expedi-ent for maintaining the peace, good government and welfare of the City and its trade, commerce and manufactures, for preserving order and securing persons or property from violence, danger and destruction, for protecting public and pri-vate property, and for promoting the public health, safety, convenience, comfort and morals and the general interests and welfare of the inhabitants of the City. (Ref. Neb. Rev. Stat. §16-246)

SECTION 1-402: INTRODUCTION

Ordinances and resolutions may be introduced by any member of the City Coun-cil. Such introduction shall be followed by a reading by title of such ordinance or resolution by the city administrator or 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 Plattsmouth, Ne-braska." (Ref. Neb. Rev. Stat. §16-405)

SECTION 1-405: TITLE

No ordinance shall contain a subject not clearly expressed in its title. (Ref. Neb. Rev. Stat. §16-404)

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

Ordinances of a general or permanent nature, except annexation ordinances, shall be read by title on three different days unless three-fourths (3/4) of the City Council vote to suspend this requirement. Any ordinance for the annexation of territory shall be read on three separate occasions. In case such reading re-quirement is suspended, the ordinance shall be read by title and then moved for final passage. Prior to passage, all ordinances to be considered shall be read by title unless ¾ of the Council vote to have the entire ordinance read prior to pas-sage.

All ordinances, resolutions and motions require a majority vote of the Council for passage. The city clerk shall record the yeas and nays of all votes taken and the names of the councilmembers, and how they voted on each issue. (Ref. Neb. Rev. Stat. §16-404)

SECTION 1-407: PUBLICATION OR POSTING

All ordinances of a general nature shall be published one time within 15 days af-ter they are passed 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. (Ref. Neb. Rev. Stat. §16-405)

SECTION 1-408: CERTIFICATE OF PUBLICATION OR POSTING

The passage, approval, and publication or posting of all ordinances shall be suf-ficiently proven by a certificate under the seal of the City from the city clerk show-ing that the said ordinance was passed and approved, and when and in what pa-per the same was published, or when, by whom and where the same was posted. (Ref. Neb. Rev. Stat. §16-403)

SECTION 1-409: EFFECTIVE DATE; EMERGENCY ORDINANCES

1. Except as provided in subsection 2 of this section, an ordinance for the gov-ernment of the City which has been adopted by the City Council without submis-sion 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 dan-ger, failure of a public utility, or any other emergency requiring its immediate op-eration, 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 City Council, and be entered of record on the city clerk's min-utes. (Ref. Neb. Rev. Stat. §16-405, 19-3701)

SECTION 1-410: AMENDMENTS AND REVISIONS

No ordinance or section thereof shall be revised or amended unless the new or-dinance 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. Neb. Rev. Stat. §16-404)

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. Neb. Rev. Stat. §16-701)

SECTION 1-502: PROPOSED BUDGET STATEMENT; FILING

1. The City Council 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 City Council 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 City Council; 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. Neb. Rev. Stat. §13-504, 13-505)

SECTION 1-503: BUDGET HEARING

Subsequent to the filing of the proposed budget statement, the City Council 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. Neb. Rev. Stat. §13-506)

SECTION 1-504: ADOPTED BUDGET STATEMENT; FILING

The City Council 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 City Council and the amount to be levied for all other purposes. Proof of publication shall be attached to the statements. The City Council 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. Neb. Rev. Stat. §13-508)

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 City Council in September, the City Council 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 City Council 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 City Council in open public session. Expenditures authorized by this section shall be charged against appropriations for each individual fund or purpose as provided in the budget when adopted, and nothing in this section shall be construed to authorize expenditures by the City in excess of that authorized by any other statutory provision. (Ref. Neb. Rev. Stat. §13-509.01, 13-509.02)

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 City Council shall adopt a budget statement pursuant to the Nebraska Budget Act, to be termed "The Annual Appropriation Bill", in which are appropriated such sums of money as may be deemed necessary to defray all necessary expenses and liabilities of the City. (Ref. Neb. Rev. Stat. §16-704)

SECTION 1-508: GENERAL PROPERTY TAX

The City Council 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. Neb. Rev. Stat. §16-702)

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. Neb. Rev. Stat. §16-706, 16-726 through 16-729)

SECTION 1-510: CONTRACTS

1. Except as provided below, the City Council 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.

2. Except as provided in Neb. Rev. Stat. §18-412.01, before the Council makes any contract in excess of $20,000.00 for enlargement or general improvements, such as water extensions, sewers, public heating system, bridges, work on streets, or any other work or improvement when the cost of such enlargement or improvement is assessed to the property, an estimate of the cost shall be obtained and submitted to the Council. In advertising for bids as provided in subsections 3 and 5 of this section, the Council may publish the amount of the estimate.

3. The city electric utility may enter into a contract for the enlargement or improvement of the electric system or for the purchase of equipment used for such enlargement or improvement without advertising for bids if the price is: (a) $20,000.00 or less; (b) $40,000.00 or less and the city electric utility has gross annual revenue from retail sales in excess of $1,000,000.00; (c) $60,000.00 or less and the city electric utility has gross annual revenue from retail sales in excess of $5,000,000.00; or (d) $80,000.00 or less and the city electric utility has gross annual revenue from retail sales in excess of $10,000,000.00.

4. The advertisement provided for in subsection 3 of this section shall be published at least seven days prior to the bid closing in a legal newspaper published in or of general circulation in the 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 City Council and entered of record.

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

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

7. The city bidding procedure may be waived by the Council (a) 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, or (b) when the contract is negotiated directly with a sheltered workshop pursuant to Neb. Rev. Stat. §48-1503.

8. Notwithstanding any other provisions of law or a home rule charter, if the City has established, by an interlocal agreement with any county, a joint purchasing division or agency may purchase personal property without competitive bidding if the price for the property has been established by the Federal General Services Administration or the material division of the Department of Administrative Services. For purposes of this subsection: (a) Personal property includes, but is not limited to, supplies, materials and equipment used by or furnished to any officer, office, department, institution, board or other agency; and (b) Purchasing or purchase means the obtaining of personal property by sale, lease or other contractual means. (Ref. Neb. Rev. Stat. §16-321, 16-321.01 and 18-1756)

SECTION 1-511: ANNUAL AUDIT

The City Council 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 City Council. All public utilities or other enterprises which substantially generate their own revenue shall be audited separately, and the results of such audits shall appear separately in the annual audit report, and such audits shall be on an accrual basis and shall contain statements and materials which conform to generally accepted accounting principles. The audit report shall set forth the financial position and results of financial operations for each fund or group of accounts of the 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. The City Council shall provide and file with the city clerk, not later than August 1 of each year, financial statements showing its actual and budgeted figures for the most recently completed fiscal year. (Ref. Neb. Rev. Stat. §19-2901 through 19-2909)

SECTION 1-512: CLAIMS

All claims against the City shall be presented to the City Council in writing with a full account of the items, and no claim or demand shall be audited or allowed unless presented as provided for in this section. Upon the filing of any claim, the party shall state therein his/her post office address; and upon the disallowance of any such claim, it will be the duty of the city clerk to notify the claimant, his/her agent or attorney by letter mailed to such address within five days after such disallowance. 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 City Council to be audited, nor upon claims allowed in part, unless the recovery shall be for a greater sum than the amount allowed, with the interest due. (Ref. Neb. Rev. Stat. §16-726)

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. 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. Neb. Rev. Stat. §16-718)

SECTION 1-514: TRANSFER OF FUNDS

The City Council 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 City Council 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 City Council, the City Council 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 City Council 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. Neb. Rev. Stat. §13-510, 13-511)

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. Neb. Rev. Stat. §17-710)

SECTION 1-516: SINKING FUNDS

The City Council, subject to the limitations set forth herein, shall have the power to levy a tax not to exceed that prescribed by state law upon the 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 City Council 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 City Council 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 City Council in the manner provided by state law. No sinking fund so established shall be used for any purpose or purposes contrary to the purpose as it appeared on the ballot unless the City Council is authorized to do so by 60% of the qualified electors of the City voting at a general election favoring such a change in the use of the sinking fund. (Ref. Neb. Rev. Stat. §19-1301 through 19-1304, 77-2337, 77-2339)

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 1-518: DEPOSIT OF FUNDS

The city treasurer shall deposit, and at all times keep on deposit, for safe keeping, in state or national banks of approved and responsible standing, all money collected, received or held by him/her. Such deposits shall be subject to all regulations imposed by law or adopted by the City Council for the receiving and holding thereof. The fact that a stockholder, director or other officer of such banking institution shall also be serving as mayor, councilmember, member of a Board of Public Works or as any other officer of such city shall not disqualify such bank from acting as a depository for such city funds. (Ref. Neb. Rev. Stat. §16-712)

SECTION 1-519: CERTIFICATES OF DEPOSIT; SECURITY REQUIRED

The city treasurer may, upon resolution of the mayor and Council authorizing the same, purchase certificates of deposit from and make time deposits in banks selected as depositories of city funds under the provisions herein. The certificates of deposit purchased and time deposits shall bear interest, and shall be secured as set forth herein; provided that the penal sum of such bond or the sum of such pledge of assets shall be reduced in the amount of the time deposit or certificate of deposit insured by the Federal Deposit Insurance Corporation. (Ref. Neb. Rev. Stat. §16-713)

SECTION 1-520: BOND ISSUES

The City Council may, after meeting all the requirements of state law, issue bonds, fund bonds, and retire bonds for such purposes as may be permitted by state law. The City Council shall have the authority to levy special assessments for the payment of interest and principal on such bonds, and may spread the payments up to the maximum number of years permitted by state law. (Ref. Neb. Rev. Stat. §10-201 through 10-411, 10-606 through 10-612, 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, 23-3513)

SECTION 1-521: DEBT COLLECTION; AUTHORITY TO CONTRACT WITH
COLLECTION AGENCY

1. The City may contract to retain a collection agency licensed pursuant to Neb. Rev. Stat. §45-601 to 45-622, 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. Neb. Rev. Stat. §45-623)

SECTION 1-522: COLLECTION OF SPECIAL ASSESSMENTS; PROCEDURE

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. Failure to receive such notice shall not relieve the taxpayer from any liability pay such special assessments and any interest or penalties accrued thereon. (Ref. Neb. Rev. Stat. §18-1216)

ARTICLE VI – EMPLOYEE REGULATIONS AND PENSION PROGRAMS

SECTION 1-601: EMPLOYEE MANUAL

The City Council, after considering the recommendations of the Personnel Board, may by resolution, from time to time, adopt an employee manual to set forth rules and regulations between the City and its full-time and part-time employees who are not employed in positions governed by a union contract or collective bargaining agreement. Such manual, if the same is adopted, shall be delivered in its current form to each employee and to each new employee at the employee’s time of hiring by the City, and shall be made available at all reasonable times to all other city employees or their representatives. The City, through the City Council, reserves the right to modify the contents of such manual as deemed necessary for the best interests of the City. None of the provisions of such manual shall remain in effect if modified by proper Council action. Any modification shall be transmitted by the City in writing to all employees. The terms of the employee manual do not constitute a contract of employment between the City and any city employees unless it is incorporated by the terms of a separate contract.

SECTION 1-602: PROHIBITIONS

1. No action affecting the employment status of an employee or applicant for a position in the City, including examination, appointment, promotion, demotion, suspension or removal, or other conditions and privileges of employment, shall be taken or withheld by reason of the race, creed, color, sex, disability, national origin, religion or political affiliation of the affected person; provided nothing in this section shall be construed as prohibiting any action affecting the employment status of an employee or applicant in those instances where disability or sex is a bonafide occupational qualification reasonably necessary for the normal operation of the City. No person shall be employed or retained who advocates or belongs to an organization advocating the overthrow or change of our government by force or violence.

2. No non-elective officer or employee in the city’s service shall during working hours or while such employee is otherwise engaged in the performance of his/her official duties or while wearing a uniform required by his/her city service, solicit or contribute funds for any candidate in any election for mayor or City Council; take part in or manage the campaign of any candidate for mayor or City Council; address or take an active part in any rally or meeting for or in support of any candidate for mayor or City Council; solicit votes, assist voters at the polls, or help any candidate for mayor or City Council get voters to the polls; participate in the distribution of campaign literature supporting any candidate for mayor or City Council; initiate or circulate any petition nominating a candidate for mayor or City Council; ride in any caravan for any candidate for mayor or City Council. Nothing in this section shall prohibit any non-elective officer or employee in the city service from exercising the right at a citizen to express opinions, vote, or do partisan or non-partisan political acts not expressly prohibited.

3. Unclassified employees shall not hold any office in, or be employed by, any other public body which would interfere with the performance of official duties. Unclassified employees shall attempt to avoid, and if it cannot be avoided must disclose to the City, the existence or the possibility of a conflict of interest.

4. No person seeking appointment to or promotion in employment shall give, render or pay any money, service or other valuable thing to any person in connection with testing, appraisal, appointment, promotion or other term or condition of employment. Any person who willfully or corruptly violates any of the provisions of this section shall be subject to discharge and any other available punishment by the City that is provided by law.

5. This section does not apply to any positions which are the subject matter of collective bargaining in the event that a collective bargaining agreement addresses the position or the possible action by the Personnel Board or the City Council.

SECTION 1-603: PENSION PROGRAM; ADMINISTRATION

The City Council, after considering the recommendations of the Personnel Board, or such other committee or person as the Council may from time to time designate by resolution, shall have full responsibility for the administration of the pension program and shall hold, invest, reinvest and distribute all funds or other property received pursuant hereto, in trust, for the purposes of the pension program under a plan or plans adopted by the City Council.

SECTION 1-604: PENSION PROGRAM; POWERS AND DUTIES OF COUNCIL

The Council, in the administration of this program, shall create a General Pension Fund (hereinafter referred to as “Fund”) which shall consist of appropriations which this city may from time to time allocate for such purposes and any funds or property obtained from other lawful sources for such purposes, and shall include employee contributions. The Council shall have full power and authority by majority action of its members, considering the recommendation of the Personnel Board, either directly or through their designated representative, to do all acts, execute, acknowledge and deliver all instruments and to exercise for the sole benefit of the participants hereunder any and all powers and discretions necessary to implement and effectuate the purposes of this article, including for purposes of illustration but not limitation any and all of the following:

To hold, invest and reinvest in any form of property whatsoever without restriction to legal investments all funds received pursuant to Sections 1-603 to 1-608; to enter into contracts or deposit agreements on behalf of this city with one or more insurance companies in order to provide the pension and other benefits hereinbefore set forth and to pay the premiums and deposits required by the purchase of said contracts; to retain or purchase as an investment any form of life insurance, retirement income, annuity or other contracts of similar nature and to exercise with respect thereto any right or incident of ownership to retain any property which may at any time become an asset of the Fund as long as said council may deem it advisable; and to make distribution of the funds in the Fund in accordance with the terms of this article; provided, however, that the Council’s exercise of its power to enter into, acquire or purchase any contracts or agreements which provide pension and other benefits hereinbefore set forth shall be in conformity with a uniform standard and non-discriminatory as between participants hereunder.

SECTION 1-605: PENSION PROGRAM; FUNDING

The benefits conferred upon city employees by any city pension program may be funded from such appropriations which this city, through the City Council, considering the recommendations of the personnel Board, may from time to time allocate for such purposes, and funds received from any lawful source, including employee contributions.

SECTION 1-606: PENSION PROGRAM; TRANSFER OF ASSIGNMENT

No participant or beneficiary of such participant shall have the right to alienate, encumber or assign any assets in the Fund held by the Council on his/her behalf, or any of the benefits, payments, proceeds or avails of any contract or agreement purchased or acquired by the City hereunder. Any contract or agreement issued pursuant to Section 1-603 to 1-608 upon the life of such participant shall contain a provision, in substance, that to the extent permitted by law none of the benefits, payments or proceeds of such contract or agreement shall be subject to any legal process by any creditor of such participant or of any beneficiary of such participant.

SECTION 1-607: PENSION PROGRAM; RESERVATION OF RIGHTS

The Council reserves to itself the right any time and from time to time to alter and amend any or all of the provisions of Sections 1-603 to 1-608 and revoke Sections 1-603 through 1-608 in their entirety, after considering the recommendations of the Personnel Board; provided, however, that in the event of revocation each participating employee shall be entitled to have assigned to him/her all contracts or agreements then held by the City hereunder and in effect which provide annuity or death benefits for such employee.

SECTION 1-608: POLICE PENSION PROGRAM

Separate and apart from and distinct to any other available pension program created by the City for the benefit of city employees, The City shall initiate a separate system for the pension of members of the police department. The pension program shall be established and administered pursuant to state statute and all provisions of state statute applicable to the pension programs for policemen in cities of the first class shall control and regulate the administration of the program by the City, including but not limited to, the qualifications, payments, funding, options of payments and the amount to be contributed from the salary of the employee policemen. Further, this section shall in no way affect or limit the police officers’ right to participate in any other system or collect benefits under any other applicable state and federal statute.

ARTICLE VII - ELECTIONS

SECTION 1-701: ELECTION OF OFFICERS; CERTIFICATION

All city elections involving the election of officers shall be held in accordance with the Election Act and in conjunction with the statewide general election. No later than July 1 of each even-numbered year, the City Council shall certify to the Secretary of State, the election commissioner or the county clerk, the name of the City, the number of officers to be elected, the length of the terms of office, the vacancies to be filled by election and length of remaining term, and the number of votes to be cast by a registered voter for each office. (Ref. Neb. Rev. Stat. §16-302.01, 32-401, 32-404, 32-556)

SECTION 1-702: PRIMARY ELECTION; NUMBER OF CANDIDATES FILING

If the number of candidates properly filed for nomination at the primary election does not exceed two for each vacancy to be filled, all candidates properly filed shall be considered nominated, and no primary election for their nomination shall be required.

SECTION 1-703: TIE VOTES

In the case of a tie vote of any of the candidates in either the primary or general election, the county clerk shall notify such candidates to appear at his/her office on a given day and hour to determine the same by lot before the canvassing board, and the certificate of nomination or election shall be given accordingly. Notice to appear shall be given by certified mail. (Ref. Neb. Rev. Stat. §32-1122)

SECTION 1-704: FILING FEE

Prior to the filing of any nomination papers, there shall be paid to the city treasurer a filing fee which shall amount to 1% of the annual salary for the office for which the candidate will file; provided, there shall be no filing fee for any candidate filing for an office in which a per diem is paid rather than a salary, or an office for which there is a salary of less than $500.00 per year. No nominating papers shall be filed until the proper city treasurer's receipt, showing payment of the filing fee, shall be presented to the election officer with whom the nomination papers are to be filed. (Ref. Neb. Rev. Stat. §32-608)

SECTION 1-705: VOTER QUALIFICATIONS

"Elector" shall mean a person of the constitutionally prescribed age or upwards, who shall have the right to vote for all officers to be elected to public office, and upon all questions and proposals, lawfully submitted to the voters at any and all elections authorized or provided for by the Constitution or the law