(A) Unless otherwise provided by law, the governing body may propose to revise the previously adopted budget statement and shall conduct a public hearing on such proposal whenever during the current fiscal year it becomes apparent to the governing body that:
(1) There are circumstances which could not reasonably have been anticipated at the time the budget for the current year was adopted;
(2) The budget adopted violated Neb. Rev. Stat. 13-518 through 13-522, such that the revenue of the current fiscal year for any fund thereof will be insufficient, additional expenses will be necessarily incurred, or there is a need to reduce the budget requirements to comply with Neb. Rev. Stat. 13-518 through 13-522; or
(3) The governing body has been notified by the Auditor of Public Accounts of a mathematical or accounting error or noncompliance with the state’s Budget Act.
(B) Notice of the time and place of the hearing shall be published at least five days prior to the date set for hearing in a newspaper of general circulation within the municipality. Such published notice shall set forth:
(1) The time and place of the hearing;
(2) The amount in dollars of additional or reduced money required and for what purpose;
(3) A statement setting forth the nature of the unanticipated circumstances and, if the budget requirements are to be increased, the reasons why the previously adopted budget of expenditures cannot be reduced during the remainder of the current year to meet the need for additional money in that manner;
(4) A copy of the summary of the originally adopted budget previously published; and
(5) A copy of the summary of the proposed revised budget.
(C) At such hearing, any taxpayer may appear or file a written statement protesting any application for additional money. A written record shall be kept of all such hearings.
(D) Upon conclusion of the public hearing on the proposed revised budget and approval of the proposed revised budget by the governing body, the governing body shall file with the County Clerk of the county or counties in which such governing body is located, and with the Auditor of Public Accounts, a copy of the revised budget, as adopted. The governing body may then issue warrants in payment for expenditures authorized by the adopted revised budget. Such warrants shall be referred to as registered warrants and shall be repaid during the next fiscal year from funds derived from taxes levied therefor.
(E) Within 30 days after the adoption of the budget under Neb. Rev. Stat. 13-506, a governing body may, or within 30 days after notification of an error by the Auditor of Public Accounts, a governing body shall, correct an adopted budget which contains a clerical, mathematical, or accounting error which does not affect the total amount budgeted by more than 1% or increase the amount required from property taxes. No public hearing shall be required for such a correction. After correction, the governing body shall file a copy of the corrected budget with the County Clerk of the county or counties in which such governing body is located and with the Auditor of Public Accounts. The governing body may then issue warrants in payment for expenditures authorized by the budget.
(Prior Code, § 1-825) (Ord. 2002-14, passed 10-16-2002; Ord. 2002-21, passed 10-16-2002; Ord. 2003-9, passed 5-7-2003)
Statutory reference:
Related provisions, see Neb. Rev. Stat. 13-511