SECTION 2-101: MEMBERS; OFFICERS; DUTIES
1. The City Council shall appoint a Board of Health which shall consist of five members. The members of the Board shall include the mayor, who shall serve as chairperson; a physician who shall be the Board's medical advisor; the chief of police, who shall serve on the Board as secretary and quarantine officer; the President of the City Council; and one other member. The members of the Board shall serve a one-year term of office, unless reappointed, without compen-sation, and shall reorganize at the first meeting in December of each year. No member of the Board of Health shall hold more than one Board of Health posi-tion.
2. The secretary shall keep full and correct minutes and records of all meetings
and file the same with the city clerk where they shall be available for public
in-spection during office hours. The Board of Health shall be funded by the
City Council from time to time out of the General Fund. A majority of the Board
shall constitute a quorum for the purpose of doing business. The Board shall
meet at such times as the City Council may designate. Special meetings may be
held upon the call of the chairperson or any two members of the Board.
3. The Board shall enact rules and regulations, which shall have the full force
and effect of law, to safeguard the health of the people of the City. The Board
shall enforce the rules and regulations and provide fines and punishments for
any violations thereof. It may regulate, suppress and prevent the occurrence
of nuisances and enforce all laws of the State of Nebraska and ordinances of
the City relating to nuisances and to matters of sanitation which affect the
health and safety of the people. The Board shall regularly inspect such premises
and busi-nesses as the City Council may direct. All members of the Board shall
be re-sponsible for making such reports and performing such other duties as
the City Council may, from time to time, designate. (Ref. Neb. Rev. Stat. §16-238)
SECTION 2-201: MEMBERS; TERM; OATH; COMPENSATION
The mayor, with the consent and approval of the City Council, shall appoint the Board of Park Commissioners. The Board shall consist of not less than six mem-bers, who shall be residents of the City. No member of the City Council shall serve as a park commissioner while serving as a member of the City Council. The members of the Board shall serve a three-year term of office unless reap-pointed. Before entering upon his/her duties, each park commissioner shall take an oath, filing it with the city clerk, that he/she will faithfully perform the duties of his/her office and not in any manner be influenced by personal or political motiva-tion. The Board shall serve without compensation and may be required, in the discretion of the City Council, to give a bond in a sum set by resolution of the City Council and conditioned upon the faithful performance of their duties. (Ref. Neb. Rev. Stat. §16-696)
SECTION 2-202: ORGANIZATION; MEETINGS
At the time of the Board's first meeting in February of each year, the members shall organize by selecting from their number a president and a secretary. It shall be the duty of the secretary to keep the full and correct minutes and records of all meetings and to file the same with the city clerk where they shall be avail-able for public inspection at any reasonable time. A majority of the Board mem-bers shall constitute a quorum for the transaction of business. The Board shall meet once a month at such time as the City Council may designate. Special meetings may be held upon the call of the president or any two of the Board members. A majority of the Board shall constitute a quorum for the transaction of business and a majority vote of the total membership shall be required to pass any motion or resolution. A tie vote of the Board shall be broken by the mayor. (Ref. Neb. Rev. Stat. §16-696)
SECTION 2-203: DUTIES
The Board shall have the following authority and responsibility for the parks:
1. To establish appropriate rules and regulations for the management, use and
operation of all parks and recreational facilities owned or operated by the
City. These rules can establish special use areas within the public park system
for specific activities, which are identified in the rules.
2. To plan the recreational equipment, landscaping and overall improvements
for all parks. The Board shall have the authority to make expenditures for these
purposes from funds collected by taxes as provided by state statute or by donations
to the credit of the Park Fund, subject to review and approval by the City Council
for expenditures exceeding $1,000.00. Prior to making any expenditure, regardless
of the amount, the Board will confirm with the city administrator or the city
clerk that the funds are within the park budget and are available. The city
treasurer shall have the physical custody of all park funds, monies, credits,
securities, and all other financial assets as required by law.
3. To prohibit the use of the parks and recreational facilities by automobiles
and all other motor powered vehicles regardless of the number of wheels on them.
The Board shall have authority to establish certain areas within which certain
vehicles may be used and to limit the use to specific purposes.
4. To regulate the circumstances in which animals are allowed in the parks,
and to require the owners to dispose of excrement deposited in the park by the
animals in a proper receptacle.
5. The Board of Park Commissioners shall carry out its responsibilities through
the city administrator or the city clerk, and if these persons are unavailable,
then through the mayor. The city administrator shall be responsible for carry-ing
out the decisions of the Board in regard to the use of city employees to accomplish
any actions taken by the Board and for the actual purchase of items for the
parks and recreational facilities. All employees of the City doing work in or
for the city parks and recreational facilities shall be under the su-pervision
and direction of the city administrator or the city clerk, or if these persons
are not available, the mayor. All actions and proposed actions of the Board
shall be subject to the review and control of the City Council. The Board shall
be responsible for making such reports and performing such other duties as the
City Council may, from time to time, designate.
SECTION 2-204: OPERATION AND FUNDING
The City owns and operates the city parks and other recreational areas through the Board of Park Commissioners. The City Council, for the purpose of defraying the cost of the care, management, and maintenance of the city parks, may each year levy a tax not exceeding the maximum limit prescribed by state law on the actual valuation of all real estate and personal property within the corporate limits that is subject to taxation. The revenue from the said tax shall be placed into the General Fund and shall remain in the custody of the city clerk/treasurer. Monies so levied and collected will be set aside by the City Council in the city budget for operation and maintenance of the city parks and this will be known as the Park Fund. (Ref. Neb. Rev. Stat. §16-697)
SECTION 2-205: INJURY TO PARK PROPERTY
It shall be unlawful for any person to maliciously or willfully cut down, injure or destroy any tree, plant or shrub. It shall be unlawful for any person to injure or destroy any sodded or planted area, or injure or destroy any building, structure, equipment, fence, bench, table or any other property of the city parks and recrea-tional areas. No person shall commit any waste on or litter the city parks or other public grounds. (Ref. Neb. Rev. Stat. §16-697.01)
SECTION 2-206: CURFEW IN CITY PARKS
All areas designated by the City as public parks shall be closed to the public from 11:00 P.M. until 5:00 A.M., and no person shall enter upon said property with the purpose of congregating for any length of time; provided that this section shall not be applicable when a sports event is in progress and those persons in atten-dance are within the immediate area of such event, which must have had prior approval by the proper city officials.
ARTICLE III – CIVIL SERVICE COMMISSION
SECTION 2-301: MEMBERS; OATH; COMPENSATION
The Civil Service Commission shall consist of three members appointed by the mayor with the advice and consent of a majority of the City Council. Each com-missioner shall be: (1) able to read and write the English language; (2) a citizen of the United States; (3) a resident of the City of Plattsmouth for at least three years immediately preceding his/her appointment; and (4) an elector of Cass County; except that at the time of any appointment, not more than two commis-sioners, including the ones to be appointed, shall be registered electors of the same political party.
Before entering upon his/her duties, each commissioner shall take an oath to be filed with the city clerk that he/she will faithfully perform the duties of his/her office and will not in any manner be actuated or influenced therein by personal or politi-cal motivation. All civil service commissioners shall serve without compensation.
SECTION 2-302: TERM OF OFFICE; REMOVAL
The term of office of commissioners shall be six years and until their successors are appointed and qualified, unless sooner removed. Any member may be re-moved from office for incompetence, dereliction of duty, malfeasance in office or other good cause by the mayor and City Council; except that no member of the Commission shall be removed until written charges have been preferred, due no-tice given such member, and a full hearing had before the mayor and City Coun-cil.
SECTION 2-303: ORGANIZATION; OFFICERS
Immediately after the appointment of the Commission and annually thereafter, the Commission shall organize by electing one of its members as chairperson; the Commission shall further appoint a secretary and chief examiner.
The Commission may merge the positions of secretary and chief examiner and appoint one person to perform the duties of both positions. The commission sec-retary and chief examiner shall be subject to suspension or discharge upon the vote of a majority of the appointed members of the Commission.
SECTION 2-304: RECORDS
It shall be the duty of the secretary and chief examiner to keep the records of the Commission, preserve all reports made to it, superintend and keep records of all examinations held under its direction and perform such other duties as the Commission may prescribe.
SECTION 2-305: MEETINGS
The Civil Service Commission shall hold meetings as may be required for the proper discharge of its duties. Two members of the Commission shall constitute a quorum for the transaction of business.
SECTION 2-306: DUTIES
It shall be the duty of the Civil Service Commission to:
1. Adopt and promulgate procedural rules and regulations consistent with the
Civil Service Act, which shall provide in detail the manner in which examina-tions
may be held and any matters assigned by the mayor and City Council. All actions
of the Civil Service Commission shall conform to and be governed by the Civil
Service Act..
2. To provide that all tests shall be practical and consist of subjects which
will fairly determine the capacity of persons who are to be examined to perform
the duties of the position to which an appointment is to be made and may in-clude,
but not be limited to, tests of physical fitness and of manual skill and psychological
testing.
3. To provide rules and regulations for credit to be given to all applicants
for en-try level positions for service to, and honorable discharge from, the
armed forces of the United States, and who have equaled or exceeded the minimum
qualifying standard established by the mayor and City Council; such credit to
be that directed by statute. Entry level positions eligible for such credits
are to be defined by the mayor and City Council.
4. To conduct an investigation concerning and report upon all matters regarding
the enforcement and effect of the Civil Service Act and the rules and regula-tions
prescribed.
5. To provide that all hearings and investigations before the Commission, desig-nated
commissioner or chief examiner shall be governed by the Civil Service Act and
the rules of practice and procedure to be adopted by the Commis-sion.
6. To establish and maintain in suitable form a roster of officers and employees.
7. To provide for, establish and hold competitive tests to determine the relative
qualifications of persons who seek employment in any position, and as a re-sult
thereof, establish eligible lists for the various positions. Upon the request
of the mayor and City Council, the Commission shall establish a list of those
eligible for appointment to a promotion within the Civil Service Department
and to maintain such list for a period of time as set by the mayor and City
Council.
8. To certify, upon request when a vacant position is to be filled, to the mayor
and City Council the names of the persons who are the three highest on the eligible
list following the most recent examinations, and whose qualifications have been
validated by the Commission.
9. To keep such records as may be necessary for the proper administration of
their responsibilities.
10. To begin and conduct civil suits which may be necessary for the proper en-forcement
of the Civil Service Act and the rules of the Commission.
11. To make recommendations concerning reductions in force policy to the mayor
and City Council.
SECTION 2-307: CONCURRENCE BY MAJORITY
An order, decision, rule or regulation made by any designated commissioner conducting any hearing or investigation alone shall not have any force or effect unless it is concurred in by a majority of the appointed members of the Commis-sion, including the vote of the commissioner making the investigation.
SECTION 2-308: RULES AND REGULATIONS
Any rules, regulations or amendments thereto promulgated by the Civil Service Commission shall be filed with the city clerk, with at least one copy of such rules, regulations and amendments being made available for examination and repro-duction by members of the public, and one copy being given to each fulltime fire-fighter and police officer. Such procedures shall comply with the minimum due process requirements.
SECTION 2-309: INVESTIGATIONS
The Commission may inspect all institutions, departments, positions and em-ployments affected by the Civil Service Act to determine whether such Act and all rules and regulations adopted by the Commission are being obeyed. Such in-vestigations may be conducted by the Commission or by any commissioner des-ignated by the Commission for that purpose. The designated commissioner or chief examiner shall have the power to administer oaths, issue subpoenas, re-quire the attendance of witnesses, require the production of books, paper, docu-ments and accounts pertinent to the investigation and to cause deposition of wit-nesses residing within or without the state in the manner prescribed by law. Such investigation shall also be made upon the written petition of a citizen, duly verified, stating that irregularities or abuses exist or setting forth, in concise lan-guage, the necessity for such investigation.
SECTION 2-310: HEARINGS
Upon completion of investigations in accordance with Section 2-309, the Com-mission shall hold a public hearing after giving reasonable notice to the accused of the time and place of such hearing. Such hearing shall be held not less than ten or more than 20 days after filing of the written demand for an investigation and a decision shall be rendered no later than ten days after the hearing.
ARTICLE IV – HOUSING AUTHORITY
SECTION 2-401: HOUSING AUTHORITY BOARD
1. The City Council shall appoint five persons who shall constitute the Housing Authority and such persons shall be called the commissioners. One commis-sioner shall be appointed each year. Each commissioner shall serve a five-year term of office or until his/her successor is duly appointed; provided that all vacancies shall be filled for the unexpired terms. The City Council may appoint one of its members to serve as one of the five members of such Housing Authority for such term as the Council may determine.
2. No person shall serve as a commissioner unless he or she resides within the area of operation of the Housing Authority. A certificate of the appointment or reappointment of any commissioner shall be filed with the city clerk and such certificate shall be conclusive evidence of the proper appointment of such commissioner.
3. A commissioner shall receive no compensation for his/her services, but he/she shall be entitled to the necessary expenses, including travel expenses, incurred in discharge of his/her duties.
4. A majority of commissioners shall constitute a quorum of the Authority for the purpose of conducting its business, exercising its powers, and for all other purposes. Action may be taken by the Authority upon the vote of the majority of the commissioners present, unless in any case the bylaws of the Authority shall require a larger number.
5. The commissioners shall elect a chairman and vice-chairman from among their number and shall have the power to employ an executive director who shall serve as ex officio secretary of the Authority. The Authority may also employ legal counsel, or it may call upon the chief law officer of the City for such services as it may require. It may employ technical experts and such other officers, agents and employees as it may require and shall determine their qualifications, duties, compensations and terms of office. The Authority may delegate such other powers and duties to its agents or employees as it may deem proper.
6. During his/her tenure, and for one year thereafter, no commissioner, officer or employee of the Municipal Housing Authority shall voluntarily acquire any in-terest, direct or indirect, in any project or in any property included or planned to be included in any project, or in any contract or proposed contract relating to any housing project. If any such commissioner, officer or employee involun-tarily acquires any such interest, or voluntarily or involuntarily acquired any such interest prior to appointment or employment as commissioner, officer or employee, he/she shall immediately disclose his/her interest in writing to the Authority. Such disclosure shall be entered upon the minutes of the Authority and he/she shall not participate in any action by the Authority relating to the property or contract in which he/she has any such interest; provided that noth-ing herein shall apply to the acquisition of any interest in notes or bonds of the Authority issued in connection with any housing project, or to the execution of agreements by banking institutions for deposit or handling of funds in connec-tion with a project or to act as trustee under any trust indenture, or to utility services, the rates for which are fixed or controlled by a governmental agency.
7. The mayor may remove a commissioner for neglect of duty or misconduct in office in the manner prescribed hereinafter. The mayor shall send a notice of removal to such commissioner, which notice shall contain a statement con-taining the charges against him/her. Unless within ten days from the receipt of such notice such commissioner files with the clerk a request for a hearing be-fore the City Council, he/she shall be deemed to be removed from office. If a request for a hearing is filed with the clerk, the City Council shall hold a hear-ing at which the commissioner shall have the right to appear in person or by counsel and the City Council shall determine whether the removal shall be disapproved or upheld. If the removal is disapproved, the commissioner shall continue to hold his/her position.
SECTION 2-402: MISCONDUCT IN OFFICE
Misconduct in office shall apply to the Housing Authority commissioners, the ex-ecutive director and all other employees. Such officials and employees shall not engage in any political activities on Housing Authority property nor make any po-litical statements to any residents of such Housing Authority. To engage in such political activities or make such political statements shall be grounds for immedi-ate removal of any official and dismissal of any employee engaging in such con-duct.
SECTION 2-403: REPORTS
The Housing Authority shall keep an accurate account of all its activities and of all its receipts and disbursements and shall make a report to the City Council on all such information.
SECTION 2-404: OWNERSHIP
The Municipal Housing Authority is owned by the City and operated through the Housing Authority commission members. The Housing Authority shall constitute a body corporate and politic, and shall have all the powers necessary or conven-ient to carry out and effectuate the purposes and provisions of the Nebraska Housing Authority Law.
SECTION 2-405: DEFINITIONS
Except as otherwise specifically provided, the definitions and terms set out in the Nebraska statutes relating to housing authorities under the Nebraska Housing Authority Law are hereby adopted by reference as they now exist or may hereaf-ter be amended.
SECTION 2-406: OPERATION AND MANAGEMENT
The Authority shall at all times observe the following duties with respect to rentals and tenant selection:
1. It may rent or lease dwelling accommodations therein only to persons of
low income, elderly or handicapped persons of low income, and displaced per-sons
in need.
2. There shall be no discrimination in the eligibility or occupancy of tenants
on the basis of race, sex, marital status, religion, color, creed, national
origin or ancestry.
3. The Authority shall not accept any person as a tenant in any dwelling in
the housing project if the persons who occupy the dwelling have an aggregate
annual income which equals or exceeds the amount which the Authority has conclusively
determined to be sufficient to enable one to secure, safe, sani-tary and uncongested
dwelling accommodations within the area served by the Authority and to provide
an adequate standard of living.
4. The Authority may rent or lease to a tenant a dwelling consisting of a number
of rooms which is deemed necessary to provide safe and sanitary accommo-dations
to the occupants without overcrowding.
5. The Authority shall fix income limits for occupancy and rents after taking
into consideration:
a. The family size, composition, age, physical handicaps, and other fac-tors
which might affect the rent-paying ability of the person.
b. The economic factors which affect the financial stability and solvency of
the project.
6. The Authority may accept as tenants any displaced persons in need, regard-less
of income, but in no event shall such persons remain as tenants of the Authority
for more than a period of six months unless such persons also qual-ify as persons
of low income, elderly or handicapped persons of low income.
7. All persons of low income, elderly, or handicapped persons of low income,
or displaced persons in need, shall be entitled to the benefits of this Article;
and the Authority may establish rules and regulations consistent with the purposes
of this Article concerning eligibility and occupancy of the housing project
or other such shelter.
8. Nothing herein shall prohibit the right of the Authority to inquire into
the finan-cial condition, family composition, medical, personal and employment
history of any tenant or prospective tenant.
9. The Authority shall prohibit subletting by tenants.
The Authority may from time to time establish rules and regulations consistent with federal and state laws and regulations and with the purposes of this Article concerning the termination of tenancy. Any tenant so terminated shall be sent a written notice setting out the reasons for such termination. Any tenant served with a notice shall be given the opportunity to contest the termination in an ap-propriate hearing, except that tenants who have created or maintained a threat constituting a serious and clear danger to the health or safety of other tenants or Authority employees need not be given such a hearing by the Authority. Such notice may provide that if the tenant fails to pay his or her rent or comply with any covenant or condition of his or her lease or the rules and regulations of such Au-thority, or cure a violation or default thereof, as the case may be, as specified in such notice, or follow the procedure for a hearing as set forth in the notice, all within the time or times set forth in such notice, the tenancy shall then be auto-matically terminated and no other notice(s) need be given of such termination or the intent to terminate the tenancy. Upon such termination and without any no-tice other than as provided for in this section, the Authority may file suit against any tenant for recovery of possession of the premises and may recover the same as provided by law.
The Authority may from time to time establish rules and regulations consistent with the purposes of this Article concerning personal property of tenants and other persons located in projects of the Authority, and if such personal property is not removed from a dwelling unit at the time of the termination of the lease, at the time of vacation or abandonment of the dwelling unit, or at the time of the death of any tenant, then the Authority may remove the same and store such property at the tenant's risk and expense. In the event that possession of such personal property is not taken by the tenant or other person authorized by law to take pos-session within 45 days after such termination, vacation or abandonment, and any storage removal charges remain unpaid, then the Authority may, at its option, dispose of the personal property in any manner which the Authority deems fit, except that any proceeds from the disposal of such personal property shall be paid to the general fund of the body which created the Authority. No tenant or other person shall have any cause of action against the Authority for such re-moval or disposition of such personal property.
ARTICLE V – UTILITY SERVICES BOARD
SECTION 2-501: MEMBERS; TERM OF OFFICE; OATH; COMPENSATION
The Utility Services Board shall consist of three members appointed by the mayor with the advice and consent of a majority of the City Council. Members shall be residents of the City. No member of the City Council shall serve as a member of the Utility Services Board while serving a term of office as a member of the City Council.
The term of office of members of the Board shall be three years and until their successors are appointed and qualified, unless sooner removed. All members may be removed after a public hearing before the City Council by the mayor, by and with the consent of the City Council, for inefficiency, neglect of duty or mal-feasance in office or other good and sufficient cause. Vacancies occurring in the Board shall be filled by appointment for the unexpired term.
Before entering upon his/her duties, each board member shall take an oath to be filed with the city clerk that he/she will faithfully perform the duties of this office and will not in any manner be actuated or influenced therein by personal or politi-cal motivation. (Ref. Neb. Rev. Stat. §16-325)
SECTION 2-502: ORGANIZATION; OFFICERS
The board members shall annually organize by selecting from their number a president and secretary; provided, no member shall serve in the capacity of both the president and secretary. It shall be the duty of the secretary to keep full and correct minutes and records of all meetings and to file the same with the city clerk where they shall be made available for public inspection at any reasonable time. (Ref. Neb. Rev. Stat. §16-325)
SECTION 2-503: MEETINGS
The Board shall hold such meetings at such time and place as may be fixed and specified by said board or at the direction of the city administrator. Meetings may also be called by the president of the Board on such notice as may be specified by said body with notice to be provided to the board members, city administrator and any subordinate executive employees of either the water or sewer depart-ments. (Ref. Neb. Rev. Stat. §16-325)
SECTION 2-504: DUTIES
The duties of the Utility Services Board shall be limited to fact-finding and advi-sory services to the city administrator in regard to the following functions of the water and sewer departments:
1. Collecting fees for use and connection.
2. Keeping books of account and systems and procedures within such depart-ment.
3. Determining rates to be charged for water and sewer services by the City.
4. Selecting executive employees within the water and sewer departments and
setting compensation to be paid to such employees, and further, the duties of
such employees and standards of service.
5. Employing a special engineer for engineering services in connection with
the operation of the water and sewer departments.
6. Purchasing materials for operation and maintenance of water and sewer de-partments.
7. Carrying out such other duties and assignments granted to it by the mayor,
City Council or city administrator. (Ref. Neb. Rev. Stat. §16-325)
SECTION 2-505: CONTROL AND CUSTODY OF FUNDS AND PROPERTY
The mayor, City Council and city administrator shall have the exclusive control of the expenditure of all money collected by taxes as provided by state statute or collected by use or connection fees and donations to its credit and shall have ex-clusive control of all the Utility Services Board property. The city treasurer shall have the physical custody of the Utility Services Board funds, monies, credits, securities and all other financial assets. (Ref. Neb. Rev. Stat. §16-325)
SECTION 2-601: MEMBERS; TERM OF OFFICE; OATH; COMPENSATION
The Cemetery Board shall consist of six members appointed by the mayor with the advice and consent of a majority of the City Council. Each board member shall be a resident of the City. No member of the City Council shall serve as a board member while serving a term of office as a member of the City Council.
The term of office of the Cemetery Board shall be three years and until their suc-cessors are appointed and qualified, unless sooner removed. After a public hearing before the City Council, all members may be removed by the mayor, by and with the consent of the City Council, for inefficiency, neglect of duty or mal-feasance in office or other good and sufficient cause. Vacancies occurring in the Cemetery Board shall be filled by appointment for the unexpired term.
Before entering upon his/her duties, each board member shall take an oath to be filed with the city clerk that he/she will faithfully perform the duties of his/her office and not in any manner be actuated or influenced therein by personal or political motivation. Members of the Cemetery Board shall serve without compensation.
SECTION 2-602: ORGANIZATION; OFFICERS
At the time of the Cemetery Board's first meeting in February of each year, the Board shall organize by selecting from their number a president and secretary; provided, no member shall serve in the capacity of both president and secretary. It shall be the duty of the secretary to keep full and correct minutes and records of all meetings and to file the same with the city clerk where they shall be avail-able for public inspection at any reasonable time.
SECTION 2-603: MEETINGS
The Cemetery Board shall meet once a month on such date and at such time as designated by the City Council. Special meetings may be held upon the call of the president or any three of the board members. A majority of the Cemetery Board shall constitute a quorum for the transaction of business and a majority vote of the total membership shall be required to pass any motion or resolution. A tie vote of the Board shall be broken by the vote of the mayor.
SECTION 2-604: DUTIES
The Cemetery Board shall have the following duties:
1. To take charge of the cemetery facilities of the City; to adopt rules and regula-tions for the management, use and operation of the same, including but not limited to the platting, charges for care and maintenance, use of equipment, the erection of monuments, platting of land into lots, purchase of additional land and lot improvements.
2. The Board shall have the duty to draw a set of rules and bylaws governing the management and care of the cemetery; a copy of such rules, bylaws and regulations when adopted, amended, altered or revised, shall be forwarded to the City Council and filed with the city clerk.
3. The Cemetery Board shall further have the duty to employ a sexton, who shall be appointed by the mayor with approval of a majority of the City Council, and all other necessary labor and assistants as they may deem necessary from persons not belonging to said board, to the extent that funds may be provided for such purpose, and shall have supervisory authority over such employees.
All actions of the Cemetery Board shall be subject to the review and supervision of the City Council.
SECTION 2-605: REPORTS
The Cemetery Board shall be responsible for making such reports and perform-ing such other duties as the City Council may from time to time designate.
SECTION 2-606: CONTROL AND CUSTODY OF FUNDS AND PROPERTY
The Cemetery Board shall have the control of expenditures of all money col-lected by taxes as provided by state statute and from the sale of cemetery lots or donations to the credit of the Cemetery Fund, subject to the review and control of the City Council. The city treasurer shall have the physical custody of all of the Board's funds, money, credits, securities and all other financial assets.
SECTION 2-607: POTTER'S FIELD
Lots number 488 to 456, inclusive, 523 to 531, inclusive, and 560 to 568, inclu-sive, in Oak Hills Cemetery shall be and hereby set apart for a Potter's Field. It shall be the responsibility of the sexton to determine whether or not a deceased person may be buried in Potter's Field and the sexton shall issue a permit for bur-ial, upon application, designating the lot and number thereof.
SECTION 2-608: LOT BOOK
A lot book shall be kept at the office of the Cemetery Board which shall show ac-tual dimensions of each lot and the location of each grave thereon.
SECTION 2-701: DUTIES AND POWERS
The Library Board shall have general charge of the City Library and shall estab-lish appropriate rules and regulations for the management, operation and use of the library.
The library shall be controlled and operated by a Library Board of five members who shall be residents of the City. The members shall be appointed by the mayor with the advice and consent of the City Council. None of the five mem-bers shall be the mayor or a member of the City Council.
1. Board members shall be appointed for a term of four years and shall serve without compensation. Board members may be paid out-of-pocket costs for lawful library business. In case of any vacancy by resignation, removal or otherwise, the mayor shall fill the vacancy for the unexpired term.
2. The Library Board shall have all the duties and powers granted to municipal library boards as established from time to time by the State of Nebraska and City of Plattsmouth, including but not limited to:
a. adopting by-laws, rules and regulations for operation of the library;
b. having full control over the Library Fund, which is to be kept separate from
other city funds and is paid out by the city treasurer upon receipt of vouchers
signed by the Library Board president and authenticated by the Library Board
treasurer;
c. owning, renting and constructing library facilities;
d. establishing a sinking fund; and
e. appointing a librarian and assistants and fixing their compensation; such
appointees shall serve at the Board's pleasure.
At the time of the Board’s first meeting of each year, the Board shall organize by selecting from their number a chairperson and secretary. No member of the Li-brary Board shall serve in the capacity of both the chairperson and secretary of the Board. It shall be the duty of the secretary to keep the full and correct min-utes and records of all meetings and to file the same with the city clerk, where they shall be available for public inspection at any reasonable time.
A majority of the Board members shall constitute a quorum for the transaction of business. The Board shall meet at regular times they establish or at such times as the City Council may designate. Special meetings may be held upon the call of the chairperson or a majority of the members of the Board. [Ref. Neb. Rev. Stat. §51-204, 51-205, 51-211]
SECTION 2-702: USE OF LIBRARY FOR CITY OR SCHOOL PURPOSES
The Library Board may contract with the governing body of any municipality, with the County Board of Cass County or any adjacent county, or with the directors of any school district, to furnish the use and privilege of its library to the inhabitants of such city, village, county, township or school district, to the extent and upon such terms as may be agreed upon. (Ref. Neb. Rev. Stat. §51-208)
SECTION 2-703: FINANCES; LIBRARY FUNDS; HOW DISBURSED
All taxes levied or collected and all funds donated or in any way acquired for the erection, maintenance or support of the Public Library shall be kept for the use of such library, separate and apart from all other funds of the City, and shall be drawn upon and paid out by the city treasurer upon vouchers signed by the president of the Library Board and shall not be used or disbursed for any other purpose or in any other manner. (Ref. Neb. Stat. §51-207, 51-209)
SECTION 2-704: REPORTS
The Library Board shall, on or before the City Council’s first meeting in June in each year, make a report to the City Council of the condition of its trusts on the first day of June of each year, showing all monies received and expended; the number of books and periodicals donated to the Public Library; the number of books and periodicals purchased, acquired by gift or otherwise obtained during the year; the number of lost or missing books or periodicals; the number of and character of books loaned or issued, with such statistics, information and sugges-tions as it may deem of general interest or as the City Council may require, which report shall be verified by affidavit of the proper officers of said board. (Ref. Neb. Stat. §51-213)
SECTION 2-705: BUDGET
The Library Board shall, on or before the first Monday in July of each year, sub-mit a budget to the City Council of the projected income and expenses for the coming fiscal year. Said budget shall show an itemized list of the projected pur-chases which the Board hopes to make during the coming year and of the pro-jected expenses which the Board expects to incur for the coming year.
SECTION 2-706: RECOVERY OF PENALTIES
Penalties imposed or occurring by any by-law or regulation of the Library Board may be recovered in a civil action before any court having jurisdiction. Such ac-tion shall be instituted in the name of the Library Board of the City of Plattsmouth. Money collected in such actions shall be placed in the city treasury to the credit of the Library Fund. The Library Board may institute an action in the Cass County Small Claims Court for the collection of any penalties imposed. (Ref. Neb. Rev. Stat. §51-214)
SECTION 2-707: DONATIONS; RECEIPTS
A person may make a donation of money, lands or other property for the benefit of the Public Library; provided, the Library Board shall have the right to reject said donation in its discretion. The title to property so donated may be made to and shall vest in the Library Board and their successors in office and the Board shall thereby become owners thereof in trust to the uses of the Public Library. All money received by the Board or by any librarian or assistant of said library from any source for the use and support thereof shall be paid monthly to the city treasurer, who shall keep the same, together with the proceeds of any tax levied for the support of the Public Library, in a fund known as the “Library Fund.” (Ref. Neb. Rev. Stat. §51-215)
SECTION 2-708: RULES, REGULATIONS; MUTILATING PUBLICATIONS
IN LIBRARY
The Library Board shall fix and impose by general rules, penalties and forfeitures upon or injury to the library grounds, rooms, books or other property or for failure to return any books or for violation of any by-laws or regulations, and shall have and exercise such power as may be necessary to carry out the spirit and intent of this Article in establishing and maintaining the Public Library. Whoever shall in-tentionally deface, obliterate, tear or destroy in whole or in part any newspaper, magazine, book or periodical or any material on file in the Public Library, or shall cut therefrom any article or advertisement, shall be deemed guilty of a Class V misdemeanor.
ARTICLE VIII – POLICE DEPARTMENT
SECTION 2-801: CHIEF OF POLICE; APPOINTMENT
The police department shall consist of the chief of police and such further num-ber of regular policemen as may be duly ordered by resolution of the Council. The chief of police shall be appointed and serve the term of office and be subject to removal, suspension and demotion by the mayor with the advice and consent of the City Council upon the certification of the Civil Service Department. (Ref. Neb. Rev. Stat. §16-225, 16-323)
SECTION 2-802: DUTIES
It shall be the duty of the chief of police and all members of the police depart-ment:
1. To arrest all offenders against the laws of Nebraska or of the City, by
day or by night, in the same manner as a sheriff or constable, and keep them
in the city jail or other place to prevent their escape until a trial or examination
may be had before the proper officer;
2. To exercise the same power as a sheriff in relation to all criminal matters
aris-ing out of a violation of the city law and all processes issued by the
county court in connection with a violation of city law;
3. To arrest and detain any person found violating any law of Nebraska or any
law of the City until a legal warrant can be obtained;
4. To have charge of traffic control on the city streets;
5. To execute and serve or cause to be served all processes;
6. To make and file or cause to be made and filed complaints for violations
of the laws of the City;
7. To have charge of the city jail and the prisoners therein;
8. To perform such other duties as are assigned to or required of them by the
mayor and Council or otherwise provided by law;
and in addition, the chief of police shall have the duty:
9. To have custody of all city property used by the city police;
10. To be a member of the Board of Health and the secretary and quarantine offi-cer
thereof; and
11. To report monthly to the mayor all expenditures of the Department.
(Ref. Neb. Rev. Stat. §16-225, 16-323)
SECTION 2-803: RESERVE OFFICER BOND
No appointment of a law enforcement reserve officer shall be valid until a bond in the amount of $2,000.00, payable to the City, has been filed with the city clerk by the individual appointed, or a blanket surety bond arranged and paid for by the City Council and bonding all such officers of the City Council has been filed. Such bonds shall be subject to the provisions of Chapter 11, Article 1, Nebraska Revised Statutes. (Ref. Neb. Rev. Stat. §81-1444)
SECTION 2-804: ARREST JURISDICTION
1. Every city police officer shall have the power and authority to enforce the laws of this state and the City or otherwise perform the functions of that office any-where within his or her primary jurisdiction. Primary jurisdiction shall mean the geographic area within territorial limits of the City of Plattsmouth.
2. Any city police officer who is within this state but beyond the territorial limits of his or her primary jurisdiction shall have the power and authority to enforce the laws of this state or any legal ordinance of the City or otherwise perform the func-tions of his or her office, including the authority to arrest and detain suspects, as if enforcing the laws or performing the functions within the territorial limits of his or her primary jurisdiction in the following cases:
(a) Any city police officer, if in a fresh attempt to apprehend a person sus-pected of committing a felony, may follow such person into any other jurisdiction in this state and there arrest and detain such person and return such person to the officer's primary jurisdiction;
(b) Any city police officer, if in a fresh attempt to apprehend a person sus-pected of committing a misdemeanor or a traffic infraction, may follow such per-son anywhere in an area within 25 miles of the boundaries of the officer's primary jurisdiction and there arrest and detain such person and return such person to the officer's primary jurisdiction;
(c) Any city police officer shall have such enforcement and arrest and de-tention authority when responding to a call in which a local, state or federal law enforcement officer is in need of assistance. A law enforcement officer in need of assistance shall mean (i) a law enforcement officer whose life is in danger or (ii) a law enforcement officer who needs assistance in making an arrest and the suspect (A) will not be apprehended unless immediately arrested, (B) may cause injury to himself or herself or others or damage to property unless immediately arrested, or (C) may destroy or conceal evidence of the commission of a crime; and
(d) If the City, under the provisions of the Interlocal Cooperation Act, en-ters into a contract with any other municipality or county for law enforcement ser-vices or joint law enforcement services, law enforcement personnel may have such enforcement authority within the jurisdiction of each of the participating po-litical subdivisions if provided for in the agreement. Unless otherwise provided in the agreement, the City shall provide liability insurance coverage for its own law enforcement personnel as provided in Neb. Rev. Stat. §13-1802. (Ref. Neb. Rev. Stat. §29-215)
SECTION 2-805: POLICE OFFICERS; DISCIPLINE OR REMOVAL FROM
DUTY; NOTICE AND HEARING; DETERMINATION
1. Any police officer, including the chief of police, may be disciplined, sus-pended, demoted, removed or immediately discharged from duty for gross mis-conduct, neglect of duty or disobedience of lawful orders of the mayor or the City Council as a whole.
2. Any police officer so disciplined, suspended, demoted, removed or discharged may, within 30 days such disciplinary action, suspension, demotion, removal or discharge, file with the city clerk a written application for a hearing before the City Council. The city clerk shall immediately notify the mayor and the City Council of the receipt of such application. Upon notice of the filing of such application, the mayor shall call a special meeting of the City Council within 20 days of receipt of the written application to consider such application. Both the police officer and the individuals causing such disciplinary action or discharge shall have the right at the hearing to be heard and to present evidence to the City Council for its con-sideration. Not later than 30 days following the adjournment of the meeting at which the hearing was held, the City Council shall vote to uphold, reverse or modify the removal or disciplinary action. The failure of the City Council to act within 30 days or the failure of a majority of the elected council members to vote to reverse or modify the removal or disciplinary action shall be construed as a vote to uphold the removal or disciplinary action. The decision of the City Coun-cil shall be based upon its determination that, under the facts and evidence pre-sented at the hearing, the challenged removal or disciplinary action was neces-sary for the proper management and the effective operation of the police depart-ment in the performance of its duties under the statutes of the State of Nebraska.
ARTICLE IX - AIRPORT AUTHORITY
SECTION 2-901: JURISDICTION
The Airport Authority Board shall have the full and exclusive jurisdiction and con-trol over all facilities owned or hereafter acquired by the City for the purpose of aviation operation, air navigation and air safety operation. The Board is a body corporate and politic, constituting a public corporation and an agency of the City. (Ref. Neb. Rev. Stat. §3-502)
SECTION 2-902: MEMBERS; TERM OF OFFICE; COMPENSATION
The Board shall consist of five members, nominated and elected in the manner provided by law for the election of other elected officials, and such members shall take office at the same time as other elected officers. Members of the Board shall be residents of the City and shall serve a term of six years. Two members of the Board shall be elected in each municipal election year; provided that in each third election year, only one member shall be elected to the Board. Any va-cancy on the Board resulting from any cause other than the expiration of a term of office shall be filled by temporary appointment, by the mayor with the approval of the City Council, to serve the unexpired portion of the term until a successor can be elected at the next general municipal election.
The members of the Board shall not be entitled to compensation for their ser-vices, but shall be entitled to reimbursement of expenses paid or incurred in the performance of their duties. (Ref. Neb. Rev. Stat. §3-502)
SECTION 2-903: REMOVAL FROM OFFICE
A member of the Board may be removed from office for incompetence, neglect of duty, or malfeasance in office. An action for the removal of such officer may be brought, upon resolution of the City Council, in the District Court of the County. (Ref. Neb. Rev. Stat. §3-502)
SECTION 2-904: DUTIES
The Board shall report to the City Council biannually, in writing or orally, on air-port activities and issues, and shall have such other powers and duties as may be prescribed by state law. (Ref. Neb. Rev. Stat. §3-501 through 3-514)
ARTICLE X - PLANNING COMMISSION
SECTION 2-1001: MEMBERS; TERM OF OFFICE; OATH; COMPENSATION
The City Planning Commission shall consist of nine regular members and one alternate member who shall be appointed by the mayor, by and with the approval of 3/4 vote of the City Council. Two of such members may be residents of the area over which the City exercises extraterritorial zoning and subdivision regula-tions.
The alternate member of the Planning Commission shall serve without compen-sation and shall hold no other municipal office. He/she may attend any meeting and may serve as a voting and participating member of the Commission at any time when less than the full number of regular commission members is present and capable of voting.
The term of office of regular and alternate members of the Planning Commission shall be three years and until their successors are appointed and qualified, unless sooner removed. All members may, after a public hearing before the City Council, be removed by the mayor, by and with a 3/4 vote of the City Council, for inefficiency, neglect of duty or malfeasance in office or other good and sufficient cause.
At the first meeting of the City Council in January of each year, the vacancy
cre-ated by expiration of the commissioners' terms shall be filled by appointment
of new members or reappointment of members. Vacancies occurring in the Plan-ning
Commission shall be filled by appointment for the unexpired term. Before entering
upon his/her duties, each planning commissioner shall take an oath to be filed
with the city clerk that he/she will faithfully perform the duties of his/her
office and not in any manner be actuated or influenced therein by personal or
po-litical motivation. The members of the Planning Commission shall serve without
compensation. (Ref. Neb. Rev. Stat. §19-926) (Amended by Ordinance No.
1684 – December 16, 2002)
SECTION 2-1002: ORGANIZATION; OFFICERS
At the time of the Planning Commission's first meeting in February of each year, the commissioners shall organize by selecting from their number a chairman and such other officers as the Commission shall determine to be required. The term of the chairman shall be one year and he/she shall be eligible for re-election. It shall be the duty of the Commission to keep full and correct minutes and records of all meetings and to file the same with the city clerk where they shall be avail-able for public inspection at any reasonable time. (Ref. Neb. Rev. Stat. §19-927)
SECTION 2-1003: MEETINGS
The Planning Commission shall meet once each month on such date and time as designated by the City Council. Special meetings may be held upon the call of the chairman or any four of the commissioners. A majority of the Planning Commission shall constitute a quorum for the transaction of business and a ma-jority vote of the total membership shall be required to pass any motion or resolu-tion. Tie vote of the commissioners shall be broken by the vote of the mayor. (Ref. Neb. Rev. Stat. §19-927)
SECTION 2-1004: DUTIES
It shall be the function and duty of the Commission to:
1. Make and adopt plans for the physical development of the City, including any areas outside its boundaries which, in the Commission's judgment, bear rela-tion to the planning of the City, and including a comprehensive development plan as defined by Nebraska statutes.
2. Prepare and adopt such implementing means as a capital improvement pro-gram, subdivision regulations, building codes and zoning ordinance in coop-eration with other interested city departments.
3. Consult and advise with public officials and agencies, public utilities, civic or-ganizations, educational institutions and citizens with relation to the promulga-tion and implementation of the comprehensive development plan and its im-plementing programs.
4. Have the power to delegate authority to any such group to conduct studies and make surveys for the Commission, make preliminary reports on its find-ings and hold public hearings before submitting its final reports.
5. The Commission may, with the consent of the City Council, in its own name, make and enter into contracts with public or private bodies, receive contribu-tions, bequests, gifts or grant funds from public or private sources, expend the funds appropriated to it by the City, employ agents and employees and ac-quire, hold and dispose of property.
6. The Commission may on its own authority make arrangements consistent with
its program; conduct or sponsor special studies or planning work for a public
body or appropriate agency; receive grants, remuneration or reim-bursement for
such studies or work; and at its public hearings, summon wit-nesses, administer
oaths and compel the giving of testimony.
(Ref. Neb. Rev. Stat. §19-929)
SECTION 2-1005: FUNDS, LIMITS UPON EXPENDITURES
The City Council may provide the funds, equipment and accommodations neces-sary for the work of the Commission, exclusive of gifts, shall be within the amounts appropriated for that purpose by the City Council; and no expenditures or agreements for expenditures shall be valid in excess of such amounts. (Ref. Neb. Rev. Stat. §19-928)
SECTION 2-1006: REPORTS
The Planning Commission shall be responsible for making such reports and per-forming such other duties as the City Council may from time to time designate.
SECTION 2-1007: ACTIONS BY CITY COUNCIL; RECOMMENDATION OF
COMMISSION
The City Council shall not hold its public meetings or take action
on matters relat-ing to the comprehensive development plan, capital improvements,
building codes, subdivision development or zoning until it has received the
recommen-dation of the Planning Commission; provided, the City Council may set
a reason-able time within which the recommendation is to be received. (Ref.
Neb. Rev. Stat. §19-901, 19-916, 19-919, 19-929)
SECTION 2-1101: MEMBERS; TERM OF OFFICE; OFFICERS
The Personnel Board shall consist of two standing members, the Mayor and City Administrator, and three members of the City Council who shall be appointed by the Mayor with the approval of the City Council on an annual basis. Members of the Board shall serve without pay, but may be reimbursed for any travel ex-penses incurred in performing assigned duties pursuant to the City’s Resolutions and policies regarding miscellaneous expenditures. The Mayor or City Adminis-trator shall assign other employees to assist in the Board’s administrative needs. The City Attorney shall assist the Board when required in regard to legal issues that may arise for the City and shall attend meetings of the Board upon the re-quest of any member of the Board. The Mayor shall serve as the Board’s chair who shall be responsible for the proper conduct of the Board’s affairs. (Amended November 17, 2003, Ord. No. 1697)
SECTION 2-1102: POWER AND DUTIES
The Board shall have the duty and power to:
1. Advise the mayor and City Council on the adequacy of the present wage scale and recommend specific changes to the base wage scale. The Board, in evaluating the City’s wage scale, shall make a comparison of the City’s wage scale for each position to wage scales of other cities in eastern Ne-braska with approximately the same population.
2. Advise the mayor and City Council on the adequacy of the present job de-scriptions and recommend specific changes to descriptions.
3. Perform other special duties related to personnel as assigned by the mayor or a majority of the City Council, and to report to the mayor and Council re-garding the progress and outcome of the Board’s efforts to address the is-sues assigned to it by the mayor or Council.
4. Following approval by the City Council and with the advice of the city attor-ney, the Board may implement performance evaluations. Upon review by the Personnel Board, following input from department heads, the Personnel Board may recommend to the mayor and City Council merit wage increases for specific employees. Any performance evaluation adopted by the Board must have been validated for equal employment opportunity and related fed-eral and state laws regulating employment practices.
5. Make recommendations to the mayor and Council regarding lay-offs and re-ductions in force.
6. Establish and maintain records concerning its actions.
7. When necessary, recommend to the mayor and Council special limits on out-side employment of city employees in specific job positions based on the unique requirements of those job positions.
8. Along with department heads, identify criteria that department heads will con-sider when making hiring decisions in all positions but the following:
a. Elected officers;
b. Heads or directors of authorities, departments, commissions and boards, including
but without limitation, The Board of Park Commissioners, Utility Services Board,
Planning Commission, Board of Health, Board of Adjust-ments, Cemetery Board,
Housing Authority, Airport Authority, Library Board, Civil Service Commission,
Fire department, along with other de-partments, commissions, authorities and
boards established in the future;
c. Mayoral appointments;
d. Part-time, temporary, and seasonal employees;
e. Those positions and issues governed by the Civil Service Commission; and
f. Consultants, experts and others employed for special inquiries or studies.
ARTICLE XII - CITIZEN ADVISORY REVIEW COMMITTEE
SECTION 2-1201: ECONOMIC DEVELOPMENT PROGRAM
The mayor and City Council have been authorized by the electors of the City, at the City's primary elections held May 14, 2002, to adopt by ordinance an eco-nomic development program for the City as authorized by the Local Option Mu-nicipal Economic Development Act, Neb. Rev. Stat. §18-2701 et seq. The Eco-nomic Development Program of the City is on file at the office of the city clerk, and is incorporated into this article and is adopted as authorized by the Local Op-tion Municipal Economic Development Act.
SECTION 2-1202: MEMBERS; VACANCIES; MEETINGS
There is created, in and for the City, a citizen advisory review committee as au-thorized by the Local Option Municipal Economic Development Act. The citizen advisory review committee shall be composed of five members who shall be resident taxpayers of the City. At least one member of the committee shall have expertise or experience in the field of business finance and accounting. No member of the committee shall be an elected or appointed city official, an em-ployee of the City, or an official or employee of any qualifying business receiving financial assistance under the Economic Development Program or of any finan-cial institution participating directly in such Economic Development program. The members of the citizen advisory review committee shall be appointed by the mayor, with the approval of the City Council. Vacancies occurring in the mem-bership of the citizen advisory review committee, other than by reason of the ex-piration of terms, shall be filled by the mayor by and with the approval of the Council. Any member of the committee may be removed from office by the mayor, by and with the approval of the Council. The members of the citizen ad-visory review committee shall serve five-year terms. The members of the citizen advisory review committee shall elect its chairperson from its members and shall create and fill such other offices as it may determine necessary. The term of the chairperson shall be one year, with eligibility for reelection. The citizens advisory review committee shall meet on the second Tuesday in January, April, July and October of each year to review the functioning and progress of the Economic Development Program of the City and to advise the City Council with regard to the program. Special meetings of the committee shall be held whenever called by the mayor or the chairperson of the committee. The committee shall report to the City Council in a public hearing called for that purpose, held at least once in every six-month period, regarding its findings and suggestions.
SECTION 2-1203: DISCLOSURE OF CONFIDENTIAL INFORMATION
All trade secrets, academic and scientific research work which is in progress and unpublished or other proprietary or commercial information of a qualifying busi-ness participating in the Economic Development Program of the City which, if re-leased, would give advantage to business competitors and serve no public pur-pose shall be confidential. the members of the committee are authorized to have access to such confidential information. The mayor and City Council shall desig-nate by resolution other persons who are authorized to have access to such con-fidential business information. Any person who knowingly releases such confi-dential information other than to persons who are authorized to have access to such information in accordance with the provisions of this section shall be guilty of a misdemeanor and, upon conviction, shall be subject to a maximum impris-onment of three months in the county jail or a five of $500.00 or both.
SECTION 2-1204: MAYOR; DUTIES
The mayor shall be responsible for the administration of the Economic Develop-ment Program of the City, shall be an ex-officio member of the committee, and shall be responsible for assisting the committee and providing it with necessary information and advice on the Economic Development Program.
ARTICLE XIII - PENAL PROVISION
SECTION 2-1301: VIOLATION; PENALTY
Any person who shall violate or refuse to comply with the enforcement of any of the provisions of this chapter, set forth at full length herein or incorporated by ref-erence, shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be fined not more than $500.00 dollars for each offense. A new violation shall be deemed to have been committed every 24 hours of such failure to com-ply.
ARTICLE XIV – BOARD OF ADJUSTMENT
SECTION 2-1401: BOARD OF ADJUSTMENT; CREATED
The Board shall consist of five regular members plus one additional member des-ignated as an alternate who shall attend and serve only when one of the regular members is unable to attend for any reason. Appointments shall be made by the Mayor with the consent of a majority of the City Council.
SECTION 2-1402: BOARD OF ADJUSTMENT; QUALIFICATIONS OF MEMBERS
One member of the Board shall be appointed from the members of the Planning Commission, one member of the Board shall be appointed who resides in the ex-traterritorial zoning jurisdiction of the City, and the remaining members of the Board shall be appointed from residents of the City.
SECTION 2-1403: BOARD OF ADJUSTMENT; TERM OF OFFICE AND REMOVAL
The term of office of members of the Board shall be three years and until their successors are appointed and qualified, unless sooner removed. The term of the member appointed from the Planning Commission shall terminate upon the loss of membership on the Planning Commission. All members, upon written charges and after a public hearing before the City Council, may be removed by the Mayor with the consent of the City Council, for inefficiency, neglect of duty or malfea-sance in office, or other good and sufficient cause.
SECTION 2-1404: BOARD OF ADJUSTMENT; APPOINTMENT OF MEMBERS
Except for the appointment of members to the first Board, terms shall expire and appointments shall be made at the first meeting of the City Council in December. The members of the first Board will serve as follows: the member appointed from the Planning Commission shall serve until the first meeting of the City Council in December, 2004, after which successors shall serve three year terms; two mem-bers who are residents of the City shall serve until the first meeting of the City Council in December, 2005, after which successors shall serve three year terms; and one member who is a resident of the City and the member who is a resident of the extraterritorial zoning jurisdiction of the City shall serve until the first meet-ing of the City Council in December, 2006, after which successors shall serve three year terms. Upon the expiration of an appointment, new members may be appointed or existing members may be reappointed. Vacancies prior to the expi-ration of a term shall be filled by appointment for the unexpired term.
SECTION 2-1405: BOARD OF ADJUSTMENT; OATH; COMPENSATION
Before entering upon the duties of the Board, each member shall take an oath of office, to be filed with the City Clerk, to faithfully perform the duties of office and not in any manner be actuated or influences by personal or political motivation. The members of the Board shall serve without compensation.
SECTION 2-1406: BOARD OF ADJUSTMENT; ORGANIZATION AND OFFICERS
At the first meeting in December of each year, the Board shall organize by select-ing from their number a Chair and Secretary, except no member shall serve as both Chair and Secretary. The Secretary to keep full and correct records of all meetings showing the vote of each member on each question, or if absent or fail-ing to vote indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be public record and filed with the City Clerk.
SECTION 2-1407: BOARD OF ADJUSTMENT; MEETINGS
Board shall meet at the call of the chair and at such other times as the Board may determine. The Chair, or in the Chair’s absence the acting Chair, may ad-minister oaths and compel the attendance of witnesses. A majority of the Board shall constitute a quorum for the transaction of business and a majority vote of the total membership shall be required to pass any motion or resolution.
SECTION 2-1408: BOARD OF ADJUSTMENT; DUTIES
The Board shall have the following duties. In carrying out these duties, as they relate to reversing any order, requirement, decision or determination of any such administrative official, or to deciding in favor of the applicant on any matter upon which is required to pass under any such regulation or to affect any variation in such regulation, the concurring vote of four members of the Board is required.
(1) To adopt rules in accordance with any provisions of any ordinance adopted
pursuant to Neb.Rev.Stat. §§ 19-901 to 19-914.
(2) To hear and decide appeals where it is alleged there is an error in any
order, requirement, decision or determination made by an administrative official
or agency based or made in the enforcement of any zoning regulation or any regu-lation
relating to the location or soundness of structures.
(3) To hear and decide, in accordance with the provision of any zoning regula-tions,
requests for an interpretation of any map, or for decisions upon other spe-cial
questions upon which the Board is authorized by any such regulation to pass.
(4) To grant a variance to the zoning regulations where by reason of ex-ceptional
narrowness, shallowness, or shape of a specific piece of property at the time
of the enactment of the zoning regulations, or by reason of exceptional topographic
conditions or other extraordinary and exceptional situation or condition of
such piece of property, the strict application of any enacted regulation would
result in peculiar and ex-ceptional practical difficulties to or exceptional
and undue hardships upon the owner of such property. Such variance from such
strict appli-cation so as to relieve such difficulties or hardship may be granted
if it will not result in substantial detriment to the public good and without
substantially impairing the intent and purpose of any ordinance or reso-lution.
Provided, however, that no such variance shall be authorized by the Board unless it finds that (a) the strict application of the zoning regula-tion would produce undue hardship; (b) the hardship is not shared gen-erally by other properties in the same zoning district in the same vicin-ity; (c) the authorization of such variance will not be a substantial detri-ment to adjacent property and the character of the district will not be changed by granting a variance; and (d) the granting of such variance is based upon reason of demonstrable and exceptional hardship as distinguished from variations for purposes of convenience, profit or ca-price.
Provided, further, that no variance shall be authorized unless the Board finds that the condition or situation of the property concerned or the in-tended use of the property is not so general or recurring a nature as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to the zoning regulations. In exercising these powers the Board may, in conformity with state law, reverse or af-firm, wholly or partly, or may modify the order, requirement, decision or determination as ought to be made, and to that extent shall have all powers of the officer from whom the appeal is taken.
(5) To carry out any other duty prescribed by state statute. (Enacted March
15, 2004, Ord. No. 1701)