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§ 31.05 VACANCY.
   (A)   Whenever a vacancy occurs in an elected office of the city, except Mayor, notice of the vacancy shall be presented in writing to the City Council at a regular meeting and the notice shall appear as a part of the minutes of the meeting.
   (B)   The City Council shall at once give public notice of the vacancy by causing to be published in a newspaper of general circulation within the city or by posting in three public places in the city the office vacated and the length of the unexpired term.
   (C)   The Mayor shall within two weeks after the regular meeting at which the 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. Upon a majority vote of approval by the City Council, the vacancy shall be filled.
   (D)   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 the meeting to submit the names of qualified electors and the City Council shall continue to vote upon the nominations until the vacancy is filled.
   (E)   The Mayor shall cast his or her vote only in case of a tie vote of the City Council.
   (F)   All City Council Members shall cast a ballot for or against each nominee.
(1973 Code, § 1-105) (Ord. 421, passed 3-4-1976)
§ 31.06 MAYOR VACANCY.
   (A)   Whenever a vacancy occurs in the Office of Mayor, or in case of his or her disability or absence, the President of the Council shall exercise the Office of Mayor until the vacancy is filled or the disability is removed, or in case of temporary absence, until the Mayor returns.
   (B)   When the successful candidate for Mayor shall be prevented from assuming office, the incumbent Mayor shall not be entitled to hold over the term, but the office shall automatically become vacant and the President of the Council shall exercise the office of Mayor until the vacancy is filled.
   (C)   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 § 31.05.
(Neb. RS 17-107) (1973 Code, § 1-106) (Ord. 421, passed 3-4-1976)
§ 31.07 MAYOR; ELECTION; QUALIFICATIONS; TERM.
   (A)   The Mayor shall be elected as provided in the Election Act. The Mayor shall take office on the date of the first regular meeting of the City Council held in December following the statewide general election. The Mayor shall be a resident and registered voter of the city.
(Neb. RS 17-107)
   (B)   The Mayor shall serve for a term of four years or until his or her successor is elected and qualified.
(Neb. RS 32-533)
(Ord. 848, passed 4-5-2012)
APPOINTED OFFICIALS
§ 31.19 APPOINTMENT; TERMS; REMOVAL; POWERS; DUTIES.
   (A)   (1)   The Mayor, with the consent of the City Council, may appoint such officers as shall be required by ordinance or otherwise required by law. Such officers may be removed from office by the Mayor.
      (2)   The terms of office for all officers, except regular police officers, appointed by the Mayor and confirmed by the Council shall be established by the City Council by ordinance. The ordinance shall provide that either:
         (a)   The officers hold the office to which they have been appointed until the end of the Mayor's term of office and until their successors are appointed and qualified unless sooner removed; or
         (b)   The officers hold office for one year unless sooner removed.
(Neb. RS 17-107)
   (B)   (1)   The city may enact ordinances or bylaws to regulate and prescribe the powers and duties of officers not provided for in state law.
(Neb. RS 17-604)
      (2)   If the Mayor and City Council appoint any of the officials specified in this chapter or any other officials, the officials shall have the powers and duties, if any, provided in this chapter or as otherwise provided by city ordinances and state law.
(Ord. 839, passed 2-9-2012)
§ 31.20 MERGER OF OFFICES.
   The City Council of the city may, in its discretion, by ordinance combine, and merge any elective, or appointive office, or employment, except the Mayor or a City Council Member with any other elective or appointive office so that one or more of the offices may be held by the officer or employee at the same time; provided, 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; and provided further, the salary of the officer holding the merged offices shall not be in excess of the maximum amount provided by law for the salary of the offices so combined.
(Neb. RS 17-108.02) (1973 Code, § 1-201)
§ 31.21 CITY CLERK/TREASURER; CLERK DUTIES.
   (A)   The City Clerk/Treasurer shall attend the meetings of the City Council, and keep a correct journal of the proceedings of that body. He or she shall keep a record of all outstanding bonds against the city and when any bonds are sold, purchased, paid, or canceled, the record shall show the fact. He or she shall make, at the end of the fiscal year, a report of the business of the city transacted through his or her office for the year. That record shall describe particularly the bonds issued, and sold during the year, and the terms of the sale with each, and every item, and expense thereof. He or she shall file all official bonds after the same shall have been properly executed, and approved. He or she shall make the proper certificate of passage which shall be attached to original copies of all bond ordinances hereafter enacted by the City Council.
   (B)   The City Clerk/Treasurer shall issue and sign all licenses, permits, and occupation tax receipts authorized by law, and required by the city ordinances. He or she shall collect all occupation taxes, and license money except where some other city officer is specifically charged with that duty. He or she shall keep a register of all licenses granted in the city, and the purpose for which they have been issued.
   (C)   The City Clerk/Treasurer shall permit no records, public papers, or other documents of the city kept, and preserved in his or her office to be taken therefrom, except by the officers of the city as may be entitled to the use of the same, but only upon their leaving a receipt therefor. He or she shall keep all the records of his or her office, including a record of all licenses issued by him or her in a blank book with a proper index. He or she shall include as part of his or her records all petitions under which the City Council shall order public work to be done at the expense of the property fronting thereon, together with references to all resolutions and ordinances relating to the same. He or she shall endorse the date and hour of filing upon every paper, or document so filed in his or her office. All the filings made by him or her shall be properly docketed. Included in his or her records shall be all standard codes, amendments thereto, and other documents incorporated by reference, and arranged in triplicate in a manner convenient for reference. He or she shall keep an accurate, and complete account of the appropriation of the several funds, draw, sign, and attest all warrants ordered for the payment of money on the particular fund from which the same is payable. At the end of each month, he or she shall then make a report of the amounts appropriated to the various funds, and the amount of the warrants drawn thereon. Nothing herein shall be construed to prevent any citizen, official, or other person from examining any public records at all reasonable times.
   (D)   The City Clerk/Treasurer shall deliver all warrants, ordinances, and resolutions under his or her charge to the Mayor for his or her signature. He or she shall also deliver to officers, employees, and committees all resolutions, and communications which are directed at the officers, employees, or committees. With the Seal of the city, he or she shall duly attest the Mayor's signature to all ordinances, deeds, and papers required to be attested to when ordered to do so by the City Council. Within 30 days after any meeting of the City Council, the City Clerk/Treasurer shall prepare, and publish the official proceedings of the City Council in a legal newspaper of general circulation in the city, and which was duly designated as such by the City Council. The publication shall set forth a statement of the proceedings thereof and shall also include the amount of each claim allowed, the purpose of the claim, and the name of the claimant, except that the aggregate amount of all payroll claims may be included as one item. Between July 15 and August 15 of each year, the employee job titles and the current annual, monthly, or hourly salaries corresponding to the 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 the publication shall not exceed the rates provided by the statutes of the state. The publication shall be charged against the General Fund. He or she shall then keep in a book with a proper index, copies of all notices required to be published, or posted by the City Clerk/Treasurer by order of the City Council, or under the ordinances of the city. To each of the file copies of the notices shall be attached the printer's affidavit of publication, if the notices are required to be published, or the City Clerk/Treasurer's certificate under seal where the same are required to be posted only.
   (E)   The City Clerk/Treasurer shall receive all objections to creation of paving districts, and other street improvements. He or she shall receive the claims of any person against the city, and in the event that the claim is disallowed in part, or in whole, the City Clerk/Treasurer shall notify the claimant, his or her agent, or attorney by letter within five days after the disallowance, and the City Clerk/Treasurer shall then prepare transcripts on appeals of any disallowance of a claim in all proper cases.
   (F)   The City Clerk/Treasurer may charge a reasonable fee for certified copies of any record in his or her office as set by resolution of the City Council. He or she shall destroy city records under the direction of the State Records Board pursuant to Neb. RS 84-1,201 through 84-1,220; provided, the City Council shall not have the authority to destroy the minutes of the City Clerk/Treasurer, the permanent ordinances, and resolution books, or any other records classified as permanent by the State Records Board.
(Neb. RS 17-605, 19-1,102, 19-1,104, 84-712, and 84-1,201 through 84-1,220) (1973 Code, § 1-202) (Ord. 455, passed 12-1-1977; Ord. 630, passed 5-10-1993)
§ 31.22 CITY CLERK/TREASURER; TREASURER DUTIES.
   The City Clerk/Treasurer shall be the custodian of all moneys belonging to the city. He or she shall keep all money belonging to the city separate and distinct from his or her own money. He or she shall keep a separate account of each fund or appropriation, and the debits, and credits belonging thereto. He or she shall issue duplicate (two) receipts for all moneys received by him or her for the city. He or she shall give to every person paying money into the city treasury, a receipt therefor, specifying the date of payment, and the account paid. One of the receipts shall be filed with his or her monthly report, and the last copy of the receipt shall be kept on file in his or her office. His or her books and accounts shall always be open for inspection by any citizen of the city whenever any city fiscal record, audit, warrant, voucher, invoice, purchase order, requisition, payroll check, receipt or other record of receipt, cash, or expenditure involving public funds is involved. He or she shall cancel all bonds, coupons, warrants, and other evidences of debt against the city, whenever paid by him or her, by writing, or stamping on the face thereof, "Paid by the City Clerk/Treasurer," with the date of payment written or stamped thereon. He or she shall collect all special taxes, allocate special assessments to the several owners, and shall obtain from the County Clerk a monthly report as to the collection of delinquent taxes. The Clerk/Treasurer's daily cash book shall be footed and balanced daily, and he or she shall adopt the bookkeeping methods as the City Council shall prescribe. He or she shall invest and collect all money owned by, or owed to, the city as directed by the City Council.
(Neb. RS 17-606 through 17-609 and 84-712) (1973 Code, § 1-203)
§ 31.23 CLERK/TREASURER'S MONTHLY REPORT.
   The City Clerk/Treasurer shall at the end of each and every month, and any 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 or she shall accompany the account with a statement of all receipts and disbursements, together with all warrants redeemed, and paid by him or her. He or she shall also produce depository evidence that all city money is in a solvent and going bank in the name of the city. If the City Clerk/Treasurer shall neglect, or fail for the space of ten days from the end of each and every month to render his or her accounts as aforesaid, the City Council shall, by resolution, declare the office vacant, and appoint some person to fill the vacancy. The City Clerk/Treasurer shall be present at each regular meeting of the City Council at which time he or she shall read and file his or her monthly report.
(Neb. RS 17-606) (1973 Code, § 1-204)
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