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(A) Except as provided in Neb. RS 18-412.01 for a contract with a public power district to operate, renew, replace or add to the electric distribution, transmission or generation system of the municipality, no contact for enlargement or general improvements, such as water extensions, sewers, public heating systems, bridges, work on streets or any other work or improvements when the cost of the enlargement or improvement is assessed to the property, costing over $30,000, shall be made unless it is first approved by the governing body.
(B) (1) Except as provided in Neb. RS 18-412.01, before the governing body makes any contract in excess of $30,000 for enlargement of general improvements, such as water extensions, sewers, public heating system, bridges, work on streets or any other work or improvement when the cost of the enlargement or improvement is assessed to the property, an estimate of the cost shall be made by the Municipal Engineer and submitted to the governing body.
(2) In advertising for bids as provided in divisions (C) and (E) below, the governing body may publish the amount of estiniate.
(C) Advertisements for bids shall be required for any contract costing over $30,000 entered into:
(1) For enlargement or general improvements, such as water extensions, sewers, public heating systems, bridges, work on streets or any other work or improvement when the cost of the enlargement or improvement is assessed to the property; or
(2) For the purchase of equipment used in the construction of the enlargement or general improvements.
(D) A municipal electric utility may enter into a contract for the enlargement or improvement of the electric system or for the purchase of equipment uses for the enlargement or improvement without advertising forbids if the price is:
(1) Thirty thousand dollars or less;
(2) Sixty thousand dollars or less and the municipal electric utility has gross annual revenue from retail sales in excess of $1,000,000;
(3) Ninety thousand dollars or less and the municipal electric utility has gross annual revenue from retail sales in excess of $5,000,000; or
(4) One hundred twenty thousand dollars or less and the municipal electric utility has gross annual revenue from retail sales in excess of $10,000,000.
(E) The advertisement provided for in division (C) above shall be published at least seven days prior to the bid closing in a legal newspaper in of of general circulation in the municipality. In case of a public emergency resulting from infectious or contagious diseases, destructive windstorms, floods, snow, war or an exigency or pressing necessity or unforeseen need calling for immediate action or remedy to prevent a serious loss of or serious injury or damage to life, health or property, estimates of costs and advertising for bids may be waived in the emergency ordinance authorized by Neb. RS 17-613 when adopted by a two-thirds vote of the governing body and entered of record.
(F) If, after advertising for bids as provided in this section, the governing body receives fewer than two bids on a contract or if the bids received by the governing body contain a price which exceeds the estimated cost, the governing body may negotiate a contract in an attempt to complete the proposed enlargement or general improvement at a cost commensurate with the estimate given.
(G) If the materials are of such a nature that, in the opinion of the manufacturer and with the concurrence of the governing body or Board of Public Works, no cost can be estimated until the materials have been manufactured or assembled to the specific qualifications of the miinicipality, the governing body or Board of Public Works may authorize the manufacture and assemblage of those materials and may thereafter approve the estimated cost expenditure when it is provided by the manufacturer.
(H) Any municipal bidding procedure maybe waived by the governing body or Board of Public Works:
(1) When materials or equipment are purchased at the same price and from the same seller as materials or equipment which have formerly been obtained pursuant to the state bidding procedure in Neb. RS 81-145 through 81-162;
(2) When the contract is negotiated directly with a sheltered workshop pursuant to Neb. RS 48-1503; or
(3) When required to comply with any federal grant, loan or program.
(I) (1) Notwithstanding any other provisions of law or a home rule charter, a municipality which has established, by an interlocal agreement with any county, a joint purchasing division or agency may purchase personal property without competitive bidding if the price of the property has been established by the Federal General Services Administration or the material division of the Department of Administrative Services.
(2) For the purpose of this division (I), the following definitions shall apply unless the context clearly indicates or requires a different meaning.
PERSONAL PROPERTY. Includes, but is not limited to, supplies, materials, and equipment used by or furnished to any officer, office, department, institution, boards or other agency.
PURCHASING or PURCHASE. The obtaining of personal property by sale, lease or other contractual means.
(1976 Code, § 1-809) (Ord. 1479, passed 2-5-2018)
Statutory reference:
Related provisions, see Neb. RS 17-568.01, 17-568.02, 18-1756
The governing body shall cause an audit of the municipal accounts to be made by a qualified accountant as expeditiously as possible following the close of the fiscal year. The said audit shall be completed, and the annual audit report made not later than six months after the close of the fiscal year. The accountant making the audit shall submit not less than three copies of the audit report to the governing body. All public utilities or other enterprises which substantially generate their own revenue shall be audited separately, and the results of such audits shall appear separately in the annual audit report, and such audits shall be on an accrual basis and shall contain statements and materials which conform to generally accepted accounting principles. The audit report shall set forth the financial position and results of financial operations for each fund or group of accounts of the municipality as well as an opinion by the accountant with respect to the financial statements. Two copies of the annual audit report shall be filed with the Municipal Clerk, and shall become a part of the public records of the Municipal Clerk’s office, and will at all times thereafter, be open for public inspection. One copy shall be filed with the Auditor of Public Accounts.
(1976 Code, § 1-810) (Ord. 560, passed 9-22-1977)
Statutory reference:
Related provisions, see Neb. RS 19-2901 through 19-2909
All claims against the municipality shall be presented to the governing body in writing with a full account of the items, and no claim or demand shall be audited or allowed unless presented as provided for in this section. No costs shall be recovered against the municipality in any action brought against it for an unliquidated claim which has not been presented to the governing body to be audited, nor upon claims allowed in part, unless the recovery shall be for a greater sum than the amount allowed, with the interest due. No order or warrant shall be drawn in excess of 85% of the current levy for the purpose for which it is drawn unless there shall be sufficient money in the Municipal Treasury for the appropriate fund against which it is to be drawn; provided that, in the event there exists obligated funds from the federal and/or state government for the general purpose of such warrant, then such warrant may be drawn in excess of 85%, but not more than 100% of the current levy for the purpose for which said warrant is drawn.
(1976 Code, § 1-811)
Statutory reference:
Related provisions, see Neb. RS 17-714, 17-715
All warrants drawn upon the Municipal Treasury must be signed by the Mayor and countersigned by the Municipal Clerk, stating the particular fund to which the warrant is chargeable, the person to whom it is payable, and the purpose of the expenditure. No money shall be otherwise paid than upon warrants so drawn. Each warrant shall specify the amount included in the adopted budget statement for the fund upon which it is drawn, and the amount already expended of such fund.
(1976 Code, § 1-812)
Statutory reference:
Related provisions, see Neb. RS 17-711
The governing body may, whenever during the current fiscal year it becomes apparent due to unforeseen emergencies that there is temporarily insufficient money in a particular fund to meet the requirements of the adopted budget of expenditures for that fund, by a majority vote transfer money from other funds to such fund. No expenditure during any fiscal year shall be made in excess of the amounts indicated in the adopted budget statement, except as authorized herein. If, as the result of unforeseen circumstances, the revenue of the current fiscal year shall be insufficient, the governing body may propose to supplement the previously adopted budget statement and shall conduct a public hearing at which time any taxpayer may appear, or file a written statement protesting the application for additional money. A written record shall be kept of all such hearings. Notice of a place, and time for the said hearing shall be published at least five days prior to the date set for the hearing in a newspaper of general circulation in the municipality. The published notice shall set forth the time and place of the proposed hearing, the amount of additional money required, the purpose of the required money, a statement setting forth the reasons why the adopted budget of expenditures cannot be reduced to meet the need for additional money, and a copy of the summary of the originally adopted budget previously published. Upon the conclusion of the public hearing on the proposed supplemental budget, and the approval by the governing body, the governing body shall file with the County Clerk and the State Auditor a copy of the supplemental budget, and shall certify the amount of additional tax to be levied. The governing body may then issue warrants in payment for expenditures authorized by the adopted supplemental budget. The said warrants shall be referred to as “registered warrants”, and shall be repaid during the next fiscal year from funds derived from taxes levied therefor.
(1976 Code, § 1-813)
Statutory reference:
Related provisions, see Neb. RS 23-928, 23-929
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