CHAPTER 32: CITY ORGANIZATIONS
Section
   32.01   Library Board
   32.02   Planning Commission
   32.03   Board of Health
   32.04   Board of Park Commissioners
   32.05   Housing Authority Board
   32.06   Community Development Agency
   32.07   Police Department
   32.08   Police; arrest enforcement jurisdiction
   32.09   Bridgeport Tree Board
   32.10   Keno Distributions Board
§ 32.01 LIBRARY BOARD.
   (A)   City library; Library Board; members; elected or appointed; terms; vacancies, how filled.
      (1)   When the City Council decides by ordinance to establish and maintain a public library and reading room under Neb. RS 51-201 to 51-219, the City Council shall establish a Library Board. The Library Board shall have at least five members. Neither the Mayor nor any member of the City Council shall be a member of the Library Board. Except as otherwise provided in division (A)(2) below, the City Council shall by ordinance determine the number of members, whether the members are elected or appointed, and the length of the terms of the members. The terms of members serving on the effective date of a change in the number of members shall not be shortened, and the City Council shall provide for the appointment or election of their successors. In cases of vacancies by resignation, removal, or otherwise, the City Council shall fill the vacancy for the unexpired term. No member shall receive any pay or compensation for any services rendered as a member of the Board.
      (2)   If the City Council by ordinance provides for appointment of the members to the Library Board, the Library Board members shall be appointed by a majority vote of the members of the City Council. If an interlocal agreement, a memorandum of understanding, or any other contractual agreement between the city and another political subdivision providing for library services allows representation from the other political subdivision on the Library Board from outside the city or village, the governing board of the other political subdivision may appoint one or more members to the Library Board as provided in the interlocal agreement, memorandum of understanding, or other contractual agreement.
      (3)   If the City Council adopts an ordinance to provide for the election of Library Board members at municipal elections in April, it shall follow the statutes governing municipal elections. If the municipal election is to be held in conjunction with the statewide primary election, the election shall be held as provided in the Election Act. If the board members are to be elected, the City Council shall give public notice of the election after the adoption of the ordinance naming the offices to be filled, the length of terms, and the filing deadline for the placing of names of candidates on the ballot.
(Neb. RS 51-202)
   (B)   Library Board; organization; officers; quorum. The members of the City Library Board shall immediately after their appointment meet and organize by electing from their number a president, secretary, and the other officers as may be necessary. A majority of the members of a City Library Board shall constitute a quorum for the transaction of business.
(Neb. RS 51-204)
   (C)   Library Board; bylaws, rules, and regulations. The Library Board shall have the power to make and adopt such bylaws, rules, and regulations for its own guidance and for the government of the library and reading room as it may deem expedient, not inconsistent with Neb. RS 51-201 to 51-219.
(Neb. RS 51-205)
   (D)   Library Board; mortgages; release or renewal. The President shall have the power to release, upon full payment, any mortgage constituting a credit to the library fund and standing in the name of the Library Board. The signature of the President on any such release shall be authenticated by the Secretary of the Board. The President and Secretary in like manner, upon resolution duly passed and adopted by the Board, may renew any such mortgage.
(Neb. RS 51-206)
   (E)   Library Board; funds; buildings; custody and control. The Library Board shall have exclusive control of expenditures, of all money collected or donated to the credit of the library fund, of the renting and construction of any library building, and the supervision, care and custody of the grounds, rooms or buildings constructed, leased or set apart for that purpose.
(Neb. RS 51-207)
   (F)   Library Board; use of library for city or school purposes; contracts. The Library Board of any public library may contract with the city council of any city, with the trustees of any incorporated village, with the county board of the county in which the library is located or of 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.
(Neb. RS 51-208)
   (G)   Public library; funds; disbursements; sinking fund; bonds.
      (1)   All taxes levied or collected and all funds donated or in any way acquired for the erection, maintenance, or support of any public library shall be kept for the use of the library separate and apart from all other funds of the city shall be drawn upon and paid out by the Clerk/Treasurer upon vouchers signed by the President of the Library Board and authenticated by the Secretary of the Board, and shall not be used or disbursed for any other purpose or in any other manner.
      (2)   The city may establish a Public Library Sinking Fund for major capital expenditures.
      (3)   The county may issue bonds for library purposes pursuant to Neb. Ch. 10.
(Neb. RS 51-209)
   (H)   Library Board; building sites; acquisition; procedure. Every library board created under Neb. RS 51-201 to 51-219 shall have power to purchase or lease grounds, to exercise the power of eminent domain, and to condemn real estate for the purpose of securing a site for a library building. The procedure to condemn property shall be exercised in the manner set forth in Neb. RS 76-704 to 76-724.
(Neb RS 51-210)
   (I)   Library Board; general powers and duties; discrimination prohibited.
      (1)   The Library Board shall have the power to erect, lease, or occupy an appropriate building for the use of the library and to appoint a suitable librarian and assistants, to fix their compensation, and to remove the appointees at pleasure. It shall have the power to establish rules and regulations for the government of the library as may be deemed necessary for its preservation and to maintain its usefulness and efficiency. It shall have the power to fix and impose, by general rules, penalties and forfeitures for trespasses upon or injury to the library grounds, rooms, books, or other property, for failure to return any book, or for violation of any bylaw, rule, or regulation and to fix and impose reasonable fees, not to exceed the library's actual cost, for nonbasic services. The Board shall have and exercise the power as may be necessary to carry out the spirit and intent of Neb RS 51-201 to 51-219 in establishing and maintaining a public library and reading room.
      (2)   The public library shall make its basic services available without charge to all residents of the political subdivision which supplies its tax support.
      (3)   No service shall be denied to any person because of race, sex, religion, age, color, national origin, ancestry, physical handicap, or marital status.
(Neb RS 51-211)
   (J)   Public library; use and purpose. Except as provided in Neb RS 51-211, every library and reading room supported by public tax shall be forever free to the use of the inhabitants of the city maintaining the library, subject always to the reasonable regulations as the Library Board may adopt to render the library of the greatest use to the inhabitants of the city. The Board may exclude from the use of the library and reading rooms any person who willfully violates or refuses to comply with rules and regulations established for the government thereof.
(Neb RS 51-212)
   (K)   Library Board; annual report; contents. The Library Board shall, on or before the second Monday in February in each year, make a report to the City Council of the condition of its trust on the last day of the prior fiscal year. The report shall show all money received and credited or expended; the number of materials held, including books, video and audio materials, software programs, and materials in other formats; the number of periodical subscriptions on record, including newspapers; the number of materials added and the number withdrawn from the collection during the year; the number of materials circulated during the year; and other statistics, information, and suggestions as the Library Board may deem of general interest or as the City Council may require. The report shall be verified by affidavit of the proper officers of the Library Board.
(Neb RS 51-213)
   (L)   Penalties; action to recover; disposition of funds collected. Penalties imposed or accruing by any bylaw or regulation of the Library Board and any court costs and attorney's fees may be recovered in a civil action before any court having jurisdiction, the action to be instituted in the name of the Library Board of the city. Money, other than any court costs and attorney's fees, collected in the actions shall be forthwith placed in the treasury of the city to the credit of the city library fund. Attorney's fees collected pursuant to this division shall be placed in the treasury of the city and credited to the budget of the city.
(Neb RS 51-214)
   (M)   Public library; donations; Library Board may accept. Any person may make donation of money, lands or other property for the benefit of any public library. The title to property so donated may be made to and shall vest in the Library Board of the library and their successors in office, and the board shall thereby become the owners thereof in trust to the uses of the public library of the city.
(Neb RS 51-215)
   (N)   Real estate; sale and conveyance; conditions; remonstrance; procedure. The Library Board may, by resolution, direct the sale and conveyance of any real estate owned by the Library Board or by the public library, which is not used for library purposes, or of any real estate so donated or devised to the Library Board or to the public library upon the terms as the Library Board may deem best. Before any such sale is made the Library Board shall advertise the sale once each week for three consecutive weeks in a legal newspaper published or, if none is published, of general circulation in the city in which the public library is situated, and the notice shall set out the time, place, terms, manner of sale, legal description of the real estate, and the right to reject any and all bids. If the bid or bids have not been rejected, then the real estate shall be sold to the highest bidder for cash, and the Chairperson of the Library Board, upon resolution of the Library Board directing him or her so to do, shall convey the real estate to the purchaser of the real estate upon his or her payment of his or her bid. If within 30 days after the third publication of the notice a remonstrance against the sale is signed by 30% of the registered voters of the city voting at the last regular city election and is filed with the City Council of the city, the property shall not then, nor within one year thereafter, be sold. If the date for filing the remonstrance falls upon a Saturday, Sunday, or legal holiday, the signatures shall be collected within the 30-day period, but the filing shall be considered timely if filed or postmarked on or before the next business day.
(Neb RS 51-216)
   (O)   Public library; use by school districts. Any school district may in its discretion at its annual meeting, by a majority vote, authorize the school board to contract for the use of a public library by the inhabitants of the district.
(Neb RS 51-217)
   (P)   Public library; property; exemption from execution and taxation; when. The property of any public library shall be exempt from execution and shall be exempt from taxation to the extent it is used for a public purpose.
(Neb RS 51-218)
   (Q)   Private and associate libraries; deposit and use; authorized; requirements. The Library Board shall have power to authorize any circulating library, reading matter, or work of art belonging to any private person, association or corporation, to be deposited in the public library rooms, to be drawn or used outside of the rooms only on payment of the fee or membership as the person, corporation or association owning the same may require. Deposits may be removed by the owner thereof at pleasure, but the books or other reading matter so deposited in the rooms of any such public library shall be separately and distinctly marked and kept upon shelves apart from the books of the public city library. Every such private or associate library or other property so deposited in any public library, while so placed or remaining, shall, without charge, be subject to use and reading within the library room by any person who is an inhabitant of the city and entitled to the use of the free library.
(Neb RS 51-219)
   (R)   Law library; establishment; maintenance; supervision. The county board may, when in its discretion it shall deem it advisable, provide by purchase or otherwise for the procuring and maintaining of a suitable law library for the use of the public. The library shall be under the supervision of the judges of the district court of the county wherein the same is located.
(Neb RS 51-220)
§ 32.02 PLANNING COMMISSION.
   (A)   The Planning Commission shall consist of five members who shall represent, insofar as is possible, the different professions or occupations in the city who shall be chosen by the Mayor with the approval of a majority vote of the elected members of the City Council. Two of the regular members may be residents of the area over which the city is authorized to exercise extraterritorial zoning and subdivision regulations. When there is a sufficient number of residents in the area over which the municipality exercises extraterritorial zoning and subdivision regulation, one regular member of the Commission shall be a resident from such area. If it is determined by the City Council that a sufficient number of residents reside in the area subject to extraterritorial zoning or subdivision regulation, and no such resident is a regular member of the commission, the first available vacancy on the commission shall be filled by the appointment of such an individual. For purposes of this section, a sufficient number of residents shall mean 500 residents. A number of Commissioners equal to a majority of the number of regular members appointed to the Commission shall constitute a quorum for the transaction of any business. All members of the Commission shall serve without compensation and shall hold no other municipal office except when appointed to serve on the Board of Adjustment as provided in Neb. RS 19-908. The term of each regular members shall be three years. All regular members shall hold office until their successors are appointed. Any member may, after a public hearing before the City Council, be removed by the mayor with the consent of a majority vote of the members elected to the City Council for inefficiency, neglect of duty or malfeasance in office, or other good and sufficient cause. Vacancies occurring otherwise than through the expiration of term shall be filled for the unexpired portion of the term by the Mayor.
   (B)   There shall also be one alternate member to the Planning Commission who shall be chosen by the Mayor with the approval of a majority vote of the elected members of the Council. The alternate member shall serve without compensation and shall hold no other municipal office. The term of the alternate member shall be three years, and he or she shall hold office until his or her successor is appointed and approved. The alternate member may be removed from office in the same manner as a regular member. If the alternate member position becomes vacant other than through the expiration of the term, the vacancy shall be filled for the unexpired portion of the term by the Mayor with the approval of a majority vote of the elected members of the City Council. The alternate member may attend any meeting and may serve as a voting and participating member of the Commission at any time when less than the full number of regular commission members is present and capable of voting.
   (C)   The Commission shall elect its Chairperson from its members and create and fill such other of its offices as it may determine. The term of the Chairperson shall be one year, and he or she shall be eligible for reelection. The Commission shall hold at least one regular meeting in each calendar quarter, except the municipal governing body may require the commission to meet more frequently and the Chairperson of the Commission may call for a meeting when necessary to deal with business pending before the Commission. The Commission shall adopt rules and regulations for the transaction of business and shall keep a record of its resolutions, transactions, findings, and determinations, which shall be a public record.
   (D)   (1)   The Council may provide the funds, equipment and accommodations necessary for the work of the Commission, but the expenditures of the Commission, exclusive of gifts, shall be within the amounts appropriated for that purpose by the Council; and no expenditures nor agreements for expenditures shall be valid in excess of such amounts. The Planning Commission shall:
         (a)   Make and adopt plans for the physical development of the municipality, including any areas outside its boundaries which in the commission's judgment bear relation to the planning of such municipality and including a comprehensive development plan as defined by Neb. RS 19-903;
         (b)   Prepare and adopt such implemental means as a capital improvement program, subdivision regulations, building codes, and a zoning ordinance in cooperation with other interested municipal departments; and
         (c)   Consult with and advise public officials and agencies, public utilities, civic organizations, educational institutions, and citizens with relation to the promulgation and implementation of the comprehensive development plan and its implemental programs.
      (2)   The Commission may delegate authority to any such group to conduct studies and make surveys for the Commission, make preliminary reports on its findings, and hold public hearings before submitting its final reports. The municipal governing body shall not take final action on matters relating to the comprehensive development plan, capital improvements, building codes, subdivision development, the annexation of territory, or zoning until it has received the recommendation of the Planning Commission if such Commission in fact has been created and is existent. The governing body shall by ordinance set a reasonable time within which the recommendation from the Planning Commission is to be received. A recommendation from the Planning Commission shall not be required for subdivision of existing lots and blocks whenever all required public improvements have been installed, no new dedication of public rights-of-way or easements is involved, and such subdivision complies with the ordinance requirements concerning minimum areas and dimensions of such lots and blocks, if the governing body has designated, by ordinance, an agent pursuant to Neb. RS 19-916. The Commission may, with the consent of the governing body, in its own name:
         (a)   Make and enter into contracts with public or private bodies;
         (b)   Receive contributions, bequests, gifts, or grant funds from public or private sources;
         (c)   Expend the funds appropriated to it by the municipality;
         (d)   Employ agents and employees; and
         (e)   Acquire, hold, and dispose of property.
   (E)   The Commission may on its own authority make arrangements consistent with its program, conduct or sponsor special studies or planning work for any public body or appropriate agency, receive grants, remuneration, or reimbursement for such studies or work, and at its public hearings, summon witnesses, administer oaths, and compel the giving of testimony. The Commission may grant conditional uses or special exceptions to property owners for the use of their property if the municipal governing body has, through a zoning ordinance or special ordinance, generally authorized the Commission to exercise such powers and has approved the standards and procedures adopted by the Commission for equitably and judiciously granting such conditional uses or special exceptions. The granting of a conditional use permit or special exception shall only allow property owners to put their property to a special use if it is among those uses specifically identified in the zoning ordinance as classifications of uses which may require special conditions or requirements to be met by the owners before a use permit or building permit is authorized. The power to grant conditional uses or special exceptions shall be the exclusive authority of the Commission, except that the municipal governing body may choose to retain for itself the power to grant conditional uses or special exceptions for those classifications of uses specified in the zoning ordinance. The municipal governing body may exercise such power if it has formally adopted standards and procedures for granting such conditional uses or special exceptions in a manner that is equitable and will promote the public interest. An appeal of a decision by the Commission or municipal governing body regarding a conditional use or special exception shall be made to the district court.
(1973 Code, § 2-102) (Ord. 494, passed 5-8-1980; Ord. 825, passed 6-9-2011; Ord. 994, passed 5-11-2023)
§ 32.03 BOARD OF HEALTH.
   The City Council shall appoint a Board of Health. The Board of Health shall consist of four members. The members of the Board shall include the Mayor, who shall serve as Chairperson; the Police Chief, who shall serve as Secretary and Quarantine Officer; a physician who shall serve as the Medical Advisor; and the President of the City Council. The members of the Board shall serve, without compensation, a one-year term of office, unless reappointed, and shall reorganize at the first meeting in June of each year. 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/Treasurer where they shall be available for public inspection at any reasonable time. The Board of Health shall be funded by the City Council from time to time out of the General Fund. A majority of the Board shall constitute a quorum for the purpose of doing business. The Board shall meet at any times as the City Council may designate. Special meetings may be held upon the call of the Chairperson, or any two members of the Board. It shall be the duty of the Board to enact rules and regulations which shall have the full force and effect of law, to safeguard the health of the residents of the city. Included in the duties of the Board shall be to enforce the rules and regulations, and to provide fines and punishments for any violations thereof. It may regulate, suppress, and prevent the occurrence of nuisances and shall actively enforce all laws of the state and ordinances of the city relating to matters of sanitation which affect the health and safety of the people. The Board shall regularly inspect the premises and businesses as the City Council may direct. All members of the Board shall be responsible for making the reports and performing any other duties as the City Council may, from time to time, designate. No member of the Board of Health shall hold more than one Board of Health position.
(Neb. RS 17-121) (1973 Code, § 2-103)
§ 32.04 BOARD OF PARK COMMISSIONERS.
   (A)   The City Council shall appoint the Board of Park Commissioners. The Board shall consist of not less than three members, who shall be resident freeholders in the city. The members of the Board shall serve a three-year term of office unless reappointed. 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.
   (B)   At the time of the Board’s first meeting, which shall occur on or before March 20 of each year, the Board shall organize by selecting from their number a Chairperson and Secretary. It shall be the duty of the Secretary to keep the full and correct minutes and records of all meetings, and to file the same with the City Clerk/Treasurer 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 any times as the City Council may designate. Special meetings may be held upon the call of the Chairperson, or any two of the Board members. It shall be the duty of the Board to take the immediate charge of all parks and recreational facilities belonging to the city. The Board shall establish appropriate rules and regulations for the management, use, and operation of the same. All employees of the city doing work in or for the city park shall be under the supervision and direction of the Board. All actions of the Board shall be subject to the review and control of the City Council. The Board shall be responsible for making the reports and performing any other duties as the City Council may, from time to time, designate. No member of the City Council shall serve as a member of the Park Commission while serving a term of office as a member of the City Council. No member of the Park Commission shall serve in the capacity of both the Chairperson and Secretary of the Board.
   (C)   The Board, when requested by the City Council, shall consider, investigate, make finding, report, and recommend upon any special matter of question coming within the scope of its work.
(Neb. RS 17-952) (1973 Code, § 2-104) (Ord. 472, passed 9-6-1979; Ord. 923, passed 6-8-2017; Ord. 959, passed 11-14-2019)
§ 32.05 HOUSING AUTHORITY BOARD.
   (A)   The City Council shall appoint five persons who shall constitute the Housing Authority and the persons shall be called the Commissioners. One Commissioner shall be appointed each year. Each Commissioner shall serve a five-year term of office or until his or her successor is duly appointed; provided, that all vacancies shall be filled for the unexpired terms. A certificate of the appointment or reappointment of any Commissioner shall be filed with the City Clerk/Treasurer and the certificate shall be conclusive evidence of the proper appointment of the Commissioner. A Commissioner shall receive no compensation for his or her services, but he or she shall be entitled to the necessary expenses, including travel expenses, incurred in discharge of his or her duties. The Housing Authority Commissioners shall meet on the third Tuesday, unless the same shall be a legal holiday, it which event the meeting shall be held on the next succeeding nonsecular day. The meetings are to be held in June, September, December, and March. The annual meeting shall be held in conjunction with the regular June meeting of each year. Be it further ordained that all meetings be held in the business office of the Community Building at the Camp Clarke Villa at 8:00 p.m. Three 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. The Commissioners shall elect a Chairperson and Vice-Chairperson from among the Commissioners 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 the services as it may require. It may employ technical experts and any other officers, agents, and employees as it may require and shall determine their qualifications, duties, compensations, and terms of office. The Authority may delegate any other powers and duties to its agents or employees as it may deem proper. During his or her tenure, and for one year thereafter, no commissioner, officer, or employee of the City Housing Authority shall voluntarily acquire any interest, 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 involuntarily acquires any such interest, or voluntarily or involuntarily acquired any such interest prior to appointment or employment as commissioner, officer, or employee, he or she shall immediately disclose his or her interest in writing to the Authority, and such disclosure shall be entered upon the minutes of the Authority, and he or she shall not participate in any action by the Authority relating to the property or contract in which he or she has any such interest; provided, that nothing 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 connection 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. 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 the Commissioner which notice shall contain a statement containing the charges against him or her. Unless, within ten days from the receipt of the notice, the Commissioner files with the Clerk/Treasurer a request for a hearing before the City Council, the Commissioner shall be deemed as removed from office. If a request for a hearing is filed with the Clerk/Treasurer, the City Council shall hold a hearing 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 or her position.
   (B)   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 the information.
(1973 Code, § 2-106) (Ord. 568, passed 12-5-1985)
§ 32.06 COMMUNITY DEVELOPMENT AGENCY.
   (A)   Per Neb. RS 18-2,101.01, the city hereby creates a Community Development Agency, which Agency shall consist of the Mayor and City Council.
   (B)   The name of the Community Development Agency shall be the Community Redevelopment Authority of the city.
   (C)   The Community Redevelopment Authority of the city shall function in the manner prescribed by ordinance and may exercise all of the power and authority granted to a community redevelopment authority in Neb. RS 18-2,101 through 18-2,144.
   (D)   The Mayor shall function as the Chairperson of the Community Redevelopment Authority.
(1973 Code, § 2-201) (Ord. 752, passed 7-6-2006)
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