Section
General Provisions
35.01 Economic Development Plan
Fiscal Management
35.15 Definitions
35.16 Proposed budget statement; contents; availability; correction
35.17 Proposed budget statement; hearing; adoption; certification of tax amount
35.18 Property tax levy; maximum; authority to exceed
35.19 Adopted budget statement; filing; certification of amount of tax
35.20 Revisions of budget
35.21 Budget procedure
35.22 Appropriations
35.23 General property tax
35.24 Expenditures
35.25 Contracts and purchases; bidding and other requirements
35.26 Annual audit
35.27 Claims
35.28 Warrants
35.29 Transfer of funds
35.30 Special Assessment Fund
35.31 Sinking funds; gifts of money or property
35.32 General Fund
35.33 Deposit, investment of funds
35.34 Bond issues
35.35 Motor vehicle tax
35.36 Transfer of funds by Board of Public Works to General Fund
35.37 Property tax request; increase by more than allowable growth percentage; procedure for setting
35.38 Debt collection; authority to contract with collection agency
GENERAL PROVISIONS
FISCAL MANAGEMENT
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BIENNIAL BUDGET. A budget by the city that provides for a biennial period to determine and carry on the city’s financial and taxing affairs.
BIENNIAL PERIOD. The two fiscal years comprising a biennium commencing in odd-numbered or even-numbered years used by the city in determining and carrying on its financial and taxing affairs.
FISCAL YEAR. The fiscal year of the municipality and any public utility of the municipality commences on October 1 and extends through the following September 30, except as provided in the Municipal Proprietary Function Act, being Neb. RS 18-2801 through 18-2808.
PUBLIC FUNDS. All money, including non-tax money, used in the operation and functions of governing bodies. If the city has a lottery established under the state’s County and City Lottery Act, being Neb. RS 9-601 to 9-653, only those net proceeds which are actually received by the city from a licensed lottery operator shall be considered PUBLIC FUNDS and PUBLIC FUNDS shall not include amounts awarded as prizes.
(1976 Code, § 1-801) (Ord. 1187, passed 1-22-1996; Ord. 1438, passed 12-23-2013)
Statutory reference:
Related provisions, see Neb. RS 13-503, 17-701
(A) The City Council shall annually or biennially prepare a proposed budget statement on forms prescribed and furnished by the Auditor of Public Accounts. The proposed budget statement shall be made available to the public prior to publication of the notice of the hearing on the proposed budget statement pursuant to § 35.29. A proposed budget statement shall contain the following information, except as provided by state law:
(1) For the immediately preceding fiscal year or biennial period, the revenue from all sources, including motor vehicle taxes, other than revenue received from personal and real property taxation, allocated to the funds and separately stated as to each such source: the unencumbered cash balance at the beginning and end of the year or biennial period; the amount received by taxation of personal and real property; and the amount of actual expenditures;
(2) For the current fiscal year or biennial period, actual and estimated revenue from all sources, including motor vehicle taxes, allocated to the funds and separately stated as to each such source: the actual unencumbered cash balance available at the beginning of the year or biennial period; the amount received from personal and real property taxation; and the amount of actual and estimated expenditures, whichever is applicable. This statement shall contain the cash reserve for each fiscal year or biennial period and shall note whether or not the reserve is encumbered. The cash reserve projections shall be based upon the actual experience of prior years or biennial periods. The cash reserve shall not exceed 50% of the total budget adopted exclusive of capital outlay items;
(3) For the immediately ensuing fiscal year or biennial period, an estimate of revenue from all sources, including motor vehicle taxes, other than revenue to be received from taxation of personal and real property, separately stated as to each such source: the actual or estimated unencumbered cash balances, whichever is applicable, to be available at the beginning of the year or biennial period; the amounts proposed to be expended during the year or biennial period; and the amount of cash reserve, based on actual experience of prior years or biennial period, which cash reserve shall not exceed 50% of the total budget adopted exclusive of capital outlay items;
(4) A statement setting out separately the amount sought to be raised from the levy of a tax on the taxable value of real property:
(a) For the purpose of paying the principal or interest on bonds issued or authorized to be issued by the City Council or the legal voters of the political subdivision; and
(b) For all other purposes.
(5) A uniform summary of the proposed budget statement, including each proprietary function fund included in a separate proprietary budget statement prepared pursuant to the Municipal Proprietary Function Act, and a grand total of all funds maintained by the City Council; and
(6) A list of the proprietary functions which are not included in the budget statement. These proprietary functions shall have a separate budget statement which is approved by the City Council as provided in the Municipal Proprietary Function Act.
(B) The actual or estimated unencumbered cash balance required to be included in the budget statement by this section shall include deposits and investments of the city as well as any funds held by the County Treasurer for the city and shall be accurately stated on the proposed budget statement.
(C) The city shall correct any material errors in the budget statement detected by the Auditor of Public Accounts or by other sources.
(D) The estimated expenditures plus the required cash reserve for the ensuing fiscal year or biennial period less all estimated and actual unencumbered balances at the beginning of the year or biennial period and less the estimated income from all sources, including motor vehicle taxes, other than taxation of personal and real property shall equal the amount to be received from taxes, and that amount shall be shown on the proposed budget statement pursuant to this section. The amount to be raised from taxation of personal and real property, as determined above, plus the estimated revenue from other sources, including motor vehicle taxes, and the unencumbered balances shall equal the estimated expenditures, plus the necessary required cash reserve, for the ensuing year or biennial period.
(1976 Code, § 1-802) (Ord. 754, passed 9-6-1984; Ord. 1122, passed 2-6-1995; Ord. 1439, passed 12-23-2013; Ord. 1533, passed 1-9-2023)
Statutory reference:
Related provisions, see Neb. RS 13-504, 13-505
(A) The City Council shall each year or biennial period conduct a public hearing on its proposed budget statement. Such hearing shall be held separately from any regularly scheduled meeting of the governing body and shall not be limited by time. Notice of the place and time of the hearing, together with a summary of the proposed budget statement, shall be published at least four calendar days prior to the date set for hearing in a newspaper of general circulation within the village's jurisdiction. For purposes of such notice, the four calendar days shall include the day of publication but not the day of hearing. When the total operating budget, not including reserves, does not exceed $10,000 per year or $20,000 per biennial period, the proposed budget summary may be posted at the City Council's principal headquarters. At such hearing, the governing body shall make at least three copies of the proposed budget statement available to the public and shall make a presentation outlining key provisions of the proposed budget statement, including, but not limited to, a comparison with the prior year's budget. Any member of the public desiring to speak on the proposed budget statement shall be allowed to address the governing body at the hearing and shall be given a reasonable amount of time to do so.
(B) After the hearing, the proposed budget statement shall be adopted, or amended and adopted as amended, and a written record shall be kept of the hearing. The amount to be received from personal and real property taxation shall be certified to the levying board after the proposed budget statement is adopted or is amended and adopted as amended. The certification of the amount to be received from personal and real property taxation shall specify separately the amount to be applied to the payment of principal or interest on bonds issued or authorized to be issued by the City Council or the legal voters of the political subdivision and the amount to be received for all other purposes.
(C) If the adopted budget statement reflects a change from that shown in the published proposed budget statement, a summary of the changes shall be published within 20 calendar days after its adoption in the manner provided in this section, but without provision for hearing, setting forth the items changed and the reasons for the changes.
(D) Upon approval by City Council, the budget shall be filed with the Auditor of Public Accounts. The Auditor may review the budget for errors in mathematics, improper accounting, and noncompliance with the Nebraska Budget Act or Neb. RS 13-518 to 13-522. If the Auditor detects such errors, he or she shall immediately notify the Council of such errors. The Council shall correct any such error as provided in § 35.34. Warrants for the payment of expenditures provided in the budget adopted under this section shall be valid notwithstanding any errors or noncompliance for which the Auditor has notified the Council.
(E) When a levy increase has been authorized by vote of the electors, the adopted budget statement shall indicate the amount of the levy increase.
(1976 Code, § 1-803) (Ord. 1440, passed 12-23-2013; Ord. 1479, passed 2-5-2018; Ord. 1501, passed 6-7-2021; Ord. 1534, passed 1-9-2023)
Statutory reference:
Related provisions, see Neb. RS 13-506, 13-507
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