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FRANKLIN, NEBRASKA
CODE OF ORDINANCES
Local legislation current through Ord. 934, passed 2-13-2018
State Legislation current through 2017
 
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OFFICIALS
of the
CITY OF FRANKLIN, NEBRASKA
 
Elected Officials
JD Bonham, Mayor
Margaret Siel, President
Bryon Detlefsen, Councilperson
Tom Dreher, Councilperson
Mark Goebel, Councilperson
Officials
Mike Bower
Electric Superintendent/Plant Supervisor
Raquel Felzien
City Clerk/Treasurer
Stan Muir
Sanitation/Waste Reduction Director
Michelle Kahrs
Deputy City Clerk
Drew Boston
Water/Sewer
Bryan McQuay
City Attorney
Sean Cadwell
Chief of Police
Andrew Luczak
Police Patrolman
Kate Flesner
Library Director
Barry Rubendall
Street Commissioner
Cory Davis
Cemetery/Park Director
Shannan Carraher
Utility Worker
 
ADOPTING ORDINANCES
ORDINANCE NO. 908
AN ORDINANCE OF THE CITY OF FRANKLIN, NEBRASKA, TO REVISE ALL THE ORDINANCES OF THE CITY OF FRANKLIN, NEBRASKA, TO REPEAL PRIOR ORDINANCES, TO REQUIRE FILING, AND TO PROVIDE AN EFFECTIVE DATE.
   BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF FRANKLIN, NEBRASKA:
   Section 1. The general ordinances of the City of Franklin, Nebraska are hereby revised, codified, and printed in book form as the "Code of Ordinances of Franklin, Nebraska" consisting of the following Titles:
FRANKLIN, NEBRASKA
TABLE OF CONTENTS
   CHAPTER 1: ADMINISTRATIVE
         1.   Elected Officials
         2.   Appointed Officials
         3.   Bonds and Oath
         4.   Corporate Seal
         5.   Meetings
         6.   Ordinances, Resolutions and Motions
         7.   Elections
         8.   Fiscal Management
         9.   Compensation
         10.   Initiative and Referendum
         11.   Intergovernmental Risk Management
         12.   Penal Provision
   CHAPTER 2: COMMISSIONS AND BOARDS
         1.   Commissions and Boards
         2.   Penal Provision
   CHAPTER 3: DEPARTMENTS
         1.   Water Department
         2.   Sewer Department
         3.   Police Department
         4.   Parks
         5.   Library
         6.   Cemetery
         7.   Municipal Electrical System
         8.   Cogeneration
         9.   Utilities Generally
         10.   Penal Provision
   CHAPTER 4: HEALTH AND SANITATION
      1.   General Provisions
      2.   Garbage Disposal
      3.   Nuisances and Pollution
      4.   Junk Yards
      5.   Solid Waste Disposal
      6.   Penal Provision
   CHAPTER 5: TRAFFIC REGULATIONS
      1.   Municipal Traffic Regulations
      2.   Operator and Vehicle Qualifications
      3.   Parking
   CHAPTER 6: POLICE REGULATIONS
      1.   Dogs and Cats
      2.   Animals Generally
         3.   Miscellaneous Misdemeanors
         4.   Penal Provision
   CHAPTER 7: FIRE REGULATIONS
         1.   Fires
         2.   Fire Prevention
         3.   Gasoline Storage
         4.   Penal Provision
   CHAPTER 8: PUBLIC WAYS AND PROPERTY
         1.   Municipal Property
         2.   Sidewalks
         3.   Streets
         4.   Curb and Gutter
         5.   Penal Provision
   CHAPTER 9: BUILDING REGULATIONS
         1.   Building Code
         2.   Residential Code
         3.   Plumbing Code
         4.   Electrical Code
         5.   Penal Provision
   CHAPTER 10: BUSINESS REGULATIONS
         1.   Alcoholic Beverages
         2.   Sales and Advertising
         3.   Public Amusements
         4.   Business Enterprises
         5.   Occupation Taxes
         6.   Franchise Agreements
         7.   Tobacco Sales
         8.   Lottery
         9.   Sexually Oriented Businesses
         10.   Sales and Use Tax
         11.   Penal Provision
   CHAPTER 11: MUNICIPAL PLANNING
         1.   Comprehensive Plan
         2.   Zoning Regulations
         3.   Subdivision Regulations
         4.   Conflicts
         5.   Group Homes
         6.   Flood Plain Regulations
         7.   Penal Provision
   PARALLEL REFERENCES
      References to Nebraska Revised Statutes
      References to Ordinances
   Section 2. The Code of Ordinances contains all the provisions of a general nature pertaining to the subjects enumerated and embraced in the code. All prior ordinances pertaining to the subjects treated by the code are repealed, except that nothing shall affect any rights acquired under, actions involving, or fines, penalties, forfeitures, or liabilities incurred pursuant to such ordinances prior to repeal.
   Section 3. All ordinances of a temporary or special nature and all other ordinances pertaining to subjects not embraced in the Code of Ordinances, including ordinances specified in this section, shall remain in full force and effect unless repealed expressly or by necessary implication.
      a.   Vacating or setting the boundaries of streets, alleys, or other public places.
      b.   Annexing or detaching territory.
      c.   Granting or accepting easements, plats, or dedication of land to public use.
      d.   Providing for the acquisition or conveyance of real or personal property.
      e.   Authorizing or directing public improvements to be made.
      f.   Levying taxes or special assessments.
      g.   Appropriating money.
      h.   Granting franchises or special licenses.
      i.   Providing for the issuance of bonds or other instruments of indebtedness.
   Section 4. At least one copy of the Code of Ordinances shall be on file in the office of the City Clerk and available for inspection by members of the public during the hours the office is kept open for the ordinary transaction of business. The Clerk shall file a copy of the ordinances with the County Court.
   Section 5. This ordinance will be in full force and shall take effect from and after its passage, approval, and publication according to law.
PASSED AND APPROVED this 9th day of November, 2015.
                              APPROVED:
                              Jeremy D. Bonham /s/
                              Mayor
ATTEST:
Cheryl K. Saathoff /s/
City Clerk
(Seal)
CHAPTER 1:  ADMINISTRATIVE
   Article
      1.   ELECTED OFFICIALS
      2.   APPOINTED OFFICIALS
      3.   BONDS AND OATH
      4.   CORPORATE SEAL
      5.   MEETINGS
      6.   ORDINANCES, RESOLUTIONS AND MOTIONS
      7.   ELECTIONS
      8.   FISCAL MANAGEMENT
      9.   COMPENSATION
      10.   INITIATIVE AND REFERENDUM
      11.   INTERGOVERNMENTAL RISK MANAGEMENT
      12.   PENAL PROVISION
ARTICLE 1:  ELECTED OFFICIALS
Section
   1-101   Mayor; election; qualifications; term
   1-102   Mayor; powers and duties
   1-103   Mayor; vacancy
   1-104   City Council; election; qualifications; terms
   1-105   City Council; President; Acting President
   1-106   City Council; standing committees
   1-107   City Council; vacancy; general provisions
   1-108   City Council; vacancy due to unexcused absences
§ 1-101  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. 312, passed 6-14-1976; Ord. 376, passed 10-13-1980)
§ 1-102  MAYOR; POWERS AND DUTIES.
   (A)   The Mayor shall preside at all meetings of the City Council. The Mayor may vote when his or her vote would provide the additional vote required to attain the number of votes equal to a majority of the number of members elected to the City Council on any pending matter, legislation, or transaction, and the Mayor shall, for the purpose of such vote, be deemed to be a member of the Council.  He or she shall have superintendence and control of all the officers and affairs of the city, and shall take care that the ordinances of the city and all laws governing cities of the second class are complied with.
(Neb. RS 17-110)
   (B)   The Mayor shall have the power to veto or sign any ordinance passed by the City Council and to approve or veto any order, bylaw, resolution, award of or vote to enter into any contract, or the allowance of any claim. If the Mayor approves the ordinance, order, bylaw, resolution, contract, or claim, he or she shall sign it, and it shall become effective. If the Mayor vetoes the ordinance, order, bylaw, resolution, contract, or any item or items of appropriations or claims, he or she shall return it to the City Council stating that the measure is vetoed. The Mayor may issue the veto at the meeting at which the measure passed or within seven calendar days after the meeting. If the Mayor issues the veto after the meeting, the Mayor shall notify the City Clerk of the veto in writing. The Clerk shall notify the City Council in writing of the Mayor's veto. Any order, bylaw, resolution, award of or vote to enter into any contract, or the allowance of any claim vetoed by the Mayor may be passed over his or her veto by a vote of two-thirds of the members of the Council.  If the Mayor neglects or refuses to sign any ordinance, order, bylaw, resolution, award of or vote to enter into any contract, or the allowance of any claim, but fails to veto the measure within the time required by this section, the measure shall become effective without his or her signature. The Mayor may veto any item or items of any appropriation bill or any claims bill, and approve the remainder thereof, and the item or items vetoed may be passed by the Council over the veto as in other cases.
(Neb. RS 17-111)
   (C)   The Mayor shall, from time to time, communicate to the City Council such information and recommend such measures as, in his or her opinion, may tend to the improvement of the finances, the police, health, security, ornament, comfort, and general prosperity of the city.
(Neb. RS 17-112)
   (D)   The Mayor shall have the power, when he or she deems it necessary, to require any officer of the city to exhibit his or her accounts or other papers, and to make reports to the Council, in writing, touching any subject or matter pertaining to his or her office.
(Neb. RS 17-113)
   (E)   The Mayor shall have such jurisdiction as may be vested in him or her by ordinance, over all places within five miles of the corporate limits of the city, for the enforcement of any health or quarantine ordinance and regulation thereof, and shall have jurisdiction in all matters vested in him or her by ordinance, excepting taxation, within the extraterritorial zoning jurisdiction of the city.
(Neb. RS 17-114)
   (F)   The Mayor shall have the power to remit fines and forfeitures, and to grant reprieves and pardons for all offenses arising under the ordinances of the city.
(Neb. RS 17-117)
   (G)   The Mayor shall hold no other elective or appointive office or employment with the city.
   (H)   The Mayor shall sign the City Clerk's minutes of all meetings of the City Council, and he or she shall sign all resolutions that have been passed and warrants for the payment of money when ordered by the Council.
   (I)   The Mayor shall have such other duties as are reposed in the Mayor by the laws of the State of Nebraska or as the Council may by resolution confer upon the Mayor.
(Ord. 312, passed 6-14-1976; Ord. 376, passed 10-13-1980; Ord. 925, passed 2-13-2018)
Statutory reference:
   Restrictions on holding other office or employment, see Neb. RS 17-108.02, 32-109, 32-603, and 32-604
§ 1-103  MAYOR; VACANCY.
   (A)   The office of Mayor shall be vacant upon the happening of any of the events specified in Neb. RS 32-560 except as provided in Neb. RS 32-561.
   (B)   (1)   In case of any vacancy in the office of Mayor, or in case of his or her disability or absence, the President of the City Council shall exercise the office of Mayor for the unexpired term, until such disability is removed, or in case of temporary absence, until the Mayor returns.
(Neb. RS 32-568)
      (2)   If the President of the Council assumes the office of Mayor for the unexpired term, there shall be a vacancy on the Council.
(Neb. RS 17-107, 32-568) (Ord. 313, passed 6-14-1976)
Statutory reference:
   Additional and similar provisions, see Neb. RS 32-560 through 32-572
   Ineligibility of person subjected to recall, see Neb. RS 32-1308
§ 1-104  CITY COUNCIL; ELECTION; QUALIFICATIONS; TERMS.
   (A)   The City Council shall consist of not less than four nor more than 12 residents of the city who are registered voters.
(Neb. RS 17-103)
   (B)   All Council members shall be nominated and elected on a nonpartisan ballot unless the city provides for a partisan ballot by ordinance.
(Neb. RS 32-557)
   (C)   If members of the Council are not elected at large:
      (1)   The city shall be divided into not less than two nor more than six wards, as may be provided by ordinance of the City Council, and each ward shall contain, as nearly as practicable, an equal portion of the population;
(Neb. RS 17-102)
      (2)   Each ward of the city shall have at least two Council members elected in the manner provided in the Election Act.  No person shall be eligible to the office of Council member who is not at the time of the election an actual resident of the ward for which he or she is elected and a registered voter; and
(Neb. RS 17-104)
      (3)   Such wards shall be substantially equal in population as determined by the most recent federal decennial census.
(Neb. RS 32-553)
   (D)   The term of office shall begin on the first regular meeting of the Council in December following the statewide general election.
(Neb. RS 17-104)
   (E)   Members of the Council shall serve for terms of four years or until their successors are elected and qualified.
(Neb. RS 32-533)
   (F)   If the city operates under a city manager plan, members of the City Council shall be residents and registered voters of the city and shall hold no other employment with the city. Any Council member who ceases to possess any of the qualifications required by this section or who has been convicted of a felony or of any public offense involving the violation of the oath of office of such member while in office shall forthwith forfeit such office.
(Neb. RS 19-613)
Statutory reference:
   Restrictions on holding other office or employment, see Neb. RS 17-108.02, 32-109, 32-603, 32-604
   Election Act, see Neb. RS 32-101
   Other requirements for wards, see Neb. RS 32-552 and 32-553
   Ability to elect council members at large or by ward, see Neb. RS 32-554
§ 1-105  CITY COUNCIL; PRESIDENT; ACTING PRESIDENT.
   (A)   The City Council shall elect one of its own body who shall be styled the President of the Council and who shall preside at all meetings of the Council in the absence of the Mayor.
   (B)   In the absence of the President, the Council shall elect one of its own body to occupy his or her place temporarily, who shall be styled Acting President of the Council.
   (C)   The President, and Acting President, when occupying the place of the Mayor, shall have the same privileges as other members of the Council; and all acts of the President or Acting President, while so acting, shall be as binding upon the Council and upon the city as if done by the Mayor.
(Neb. RS 17-148)
§ 1-106  CITY COUNCIL; STANDING COMMITTEES.
   At the organizational meeting of the City Council, the Mayor shall appoint members of such standing committees as the Council may create by ordinance or resolution.  The membership of such standing committees may be changed at any time by the Mayor.  The Mayor shall be an ex officio member of each standing committee.  The members of the standing committees shall serve a term of office of one year, unless reappointed.
§ 1-107  CITY COUNCIL; VACANCY; GENERAL PROVISIONS.
   (A)   The office of member of the City Council shall be vacant upon the happening of any of the events specified in Neb. RS 32-560 except as provided in Neb. RS 32-561.
   (B)   Any vacancy on the City Council shall be filled as provided in division (C) of this section.
(Neb. RS 32-568)
   (C)   (1)   (a)   Except as otherwise provided in division (C)(2) or (3) or § 1-103, vacancies in city elective offices shall be filled by the Mayor and Council for the balance of the unexpired term.  Notice of a vacancy, except a vacancy resulting from the death of the incumbent, shall be in writing and presented to the Council at a regular or special meeting and shall appear as a part of the minutes of such meeting.  The 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.
         (b)   The Mayor shall call a special meeting of the Council or place the issue of filling such vacancy on the agenda at the next regular meeting at which time the Mayor shall submit the name of a qualified registered voter to fill the vacancy for the balance of the unexpired term. The regular or special meeting shall occur upon the death of the incumbent or within four weeks after the meeting at which such notice of vacancy has been presented.  The Council shall vote upon the nominee, and if a majority votes in favor of the nominee, the vacancy shall be declared filled.  If the nominee fails to receive a majority of the votes, the nomination shall be rejected and the Mayor shall, at the next regular or special meeting, submit the name of another qualified registered voter to fill the vacancy.  If the subsequent nominee fails to receive a majority of the votes, the Mayor shall continue at that meeting to submit the names of qualified registered voters in nomination and the Council shall continue to vote upon the nominations at such meeting until the vacancy is filled.  The Mayor shall cast his or her vote for or against the nominee in case of a tie vote of the Council.  All Council members present shall cast a ballot for or against the nominee.  Any member of the Council who has been appointed to fill a vacancy on the Council shall have the same rights, including voting, as if that person were elected.
      (2)   The Mayor and Council may, in lieu of filling a vacancy in a city elected office as provided in division (C)(1), call a special city election to fill such vacancy.
      (3)   If vacancies exist in the offices of a majority of the members of the City Council, the Secretary of State shall conduct a special city election to fill such vacancies.
(Neb. RS 32-569)
(Ord. 313, passed 6-14-1976; Ord. 455, passed 8-14-1984; Ord. 550, passed 12-10-1990; Ord. 664, passed 10-12-1998)
Statutory reference:
   Additional and similar provisions, see Neb. RS 32-560 through 32-572
   Ineligibility of person subjected to recall, see Neb. RS 32-1308
§ 1-108  CITY COUNCIL; VACANCY DUE TO UNEXCUSED ABSENCES.
   (A)   In addition to the events listed in Neb. RS 32-560 and any other reasons for a vacancy provided by law, after notice and a hearing, a vacancy on the City Council shall exist if a member is absent from more than five consecutive regular meetings of the Council unless the absences are excused by a majority vote of the remaining members.
(Neb. RS 19-3101)
   (B)   The City Council shall take a vote on whether to excuse a member's absence from a meeting upon either:
      (1)   A written request from the member submitted to the City Clerk; or
      (2)   A motion of any other Council member.
   (C)   If a Council member has been absent from six consecutive regular meetings and none of the absences have been excused by a majority vote of the remaining members, the City Clerk shall include this as an item on the agenda for the next regular meeting.  At that meeting, the Council shall set a date for a hearing and direct the City Clerk to give the member notice of the hearing by personal service or first class mail to the member's last known address.
   (D)   At the hearing, the Council member shall have the right to present information on why one or more of the absences should be excused.  If the Council does not excuse one or more of the member's absences by a majority vote at the conclusion of the hearing, there shall be a vacancy on the Council.
(Ord. 749, passed 3-10-2003)
ARTICLE 2:  APPOINTED OFFICIALS
Section
   1-201   Appointed officials; appointment; terms; removal; powers; duties
   1-202   Appointed officials; qualification for office
   1-203   Appointed officials; merger of offices
   1-204   Appointed officials; City Clerk
   1-205   Appointed officials; City Treasurer
   1-206   Appointed officials; City Attorney
   1-207   Appointed officials; Police Chief
   1-208   Appointed officials; police officers
   1-209   Appointed officials; Water Commissioner/Public Works Commissioner
   1-210   Appointed officials; Sewer Commissioner
   1-211   Appointed officials; Overseer of Streets
   1-212   Appointed officials; City Engineer; Special Engineer
   1-213   Appointed officials; salaries
   1-214   Appointed officials; Ordinance Enforcement Officer
§ 1-201  APPOINTED OFFICIALS; 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. 331, passed 3-14-1977; Ord. 636, passed 6-9-1997)
§ 1-202  APPOINTED OFFICIALS; QUALIFICATION FOR OFFICE.
   Each appointive officer who is required to give bond shall qualify by filing the required bond and oath as provided in §§ 1-301 and 1-302. Each appointive officer who is not required to give bond shall qualify by filing the required oath as provided in § 1-302.
§ 1-203  APPOINTED OFFICIALS; MERGER OF OFFICES.
   (A)   The City Council may at its discretion by ordinance combine and merge any elective or appointive office or employment or any combination of duties of any such offices or employments, except Mayor and Council member, with any other elective or appointive office or employment so that one or more of such offices or employments or any combination of duties of any such offices or employments may be held by the same officer or employee at the same time.
   (B)   The offices or employments 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.
   (C)   The salary or compensation of the officer or employee holding the merged and combined offices or employments or offices and employments shall not be in excess of the maximum amount provided by law for the salary or compensation of the office, offices, employment, or employments so merged and combined.
   (D)   For purposes of this section, volunteer firefighters and ambulance drivers shall not be considered officers.
(Neb. RS 17-108.02)  (Ord. 456, passed 8-14-1984)
§ 1-204  APPOINTED OFFICIALS; CITY CLERK.
   (A)   The City Clerk shall have the custody of all laws and ordinances and shall keep a correct journal of the proceedings of the City Council. After the period of time specified by the State Records Administrator pursuant to the Records Management Act, the Clerk may transfer the journal of the proceedings of the City Council to the State Archives of the Nebraska State Historical Society for permanent preservation. The Clerk shall also perform such other duties as may be required by the ordinances of the city.
(Neb. RS 17-605)
   (B)   (1)   It shall be the duty of the Clerk to prepare and publish the official proceedings of the City Council within 30 days after any meeting of the Council. The publication shall be in a newspaper of general circulation in the city, shall set forth a statement of the proceedings of the meeting, 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 such 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 for in Neb. RS 23-122.
(Neb. RS 19-1102)
      (2)   Publication under division (B)(1) shall be made in one legal newspaper of general circulation in the city. If no legal newspaper is published in the city, then the publication shall be made in one legal newspaper published or of general circulation within the county in which the city is located. The cost of publication shall be paid out of the general funds of the city.
(Neb. RS 19-1103)
   (C)   The Clerk shall dispose of or destroy city public records when the records have been determined to be of no further legal, administrative, fiscal, or historical value by the State Records Administrator pursuant to Neb. RS 84-1201 through 84-1220, provided the provisions of this division shall not apply to the minutes of the Clerk and the permanent ordinance and resolution books, or any other record classified as permanent by the State Records Administrator.
(Neb. RS 18-1701)
   (D)   (1)   The Clerk shall permit any person to examine and copy the public records in the Clerk's custody, and may charge a fee for providing copies of a public record, as provided in Neb. RS 84-712 through 84-712.09.
      (2)   The Clerk may charge a reasonable fee for certified copies of any record in his or her office as set by resolution of the City Council.
   (E)   The Clerk 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 such officers of the city as may be entitled to the use of the same, but only upon their leaving a receipt therefor, and except pursuant to Neb. RS 84-712(2).  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 such 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 and 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.
   (F)   The Clerk 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 such 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.
   (G)   The Clerk 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.
   (H)   The Clerk shall keep in a book with a proper index, copies of all notices required to be published or posted by the Clerk 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 Clerk's certificate under seal where the same are required to be posted only.
   (I)   The Clerk 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 Clerk shall notify the claimant or his or her agent or attorney by letter within five days after the disallowance, and the Clerk shall then prepare transcripts on appeals of any disallowance of a claim in all proper cases.
(Ord. 314, passed 6-14-1976)
§ 1-205  APPOINTED OFFICIALS; CITY TREASURER.
   (A)   (1)   The City Treasurer shall be the custodian of all money belonging to the city.  He or she shall keep a separate account of each fund or appropriation and the debts and credits belonging thereto.  He or she shall give every person paying money into the treasury a receipt therefor, specifying the date of payment and on what account paid.  He or she shall also file copies of such receipts with his or her monthly reports. The Treasurer shall, at the end of every month, and as often as may be required, render an account to the City Council, under oath, showing the state of the treasury at the date of such account and the balance of money in the treasury.  He or she shall also accompany such accounts with a statement of all receipts and disbursements, together with all warrants redeemed and paid by him or her, which warrants, with any and all vouchers held by him or her, shall be filed with his or her account in the City Clerk's office. If the Treasurer fails to render his or her account within 20 days after the end of the month, or by a later date established by the City Council, the Mayor may use this failure as cause to remove the Treasurer from office.
      (2)   The Treasurer shall keep a record of all outstanding bonds against the city, showing the number and amount of each bond, for and to whom the bonds were issued, and the date upon which any bond is purchased, paid, or canceled. The Treasurer shall accompany the annual statement submitted pursuant to Neb. RS 19-1101 with a description of the bonds issued and sold in that year and the terms of sale, with every item of expense thereof.
(Neb. RS 17-606)
   (B)   (1)   The Treasurer shall prepare and publish annually within 60 days after the close of the city fiscal year a statement of the receipts and expenditures of funds of the city for the preceding fiscal year. The statement shall also include the information required by Neb. RS 16-318(3) or Neb. RS 17-606(2). Not more than the legal rate provided for in Neb. RS 33-141 shall be charged and paid for such publication.
(Neb. RS 19-1101)
      (2)   Publication shall be made in one legal newspaper of general circulation in the city. If no legal newspaper is published in the city, then such publication shall be made in one legal newspaper published or of general circulation within the county in which the city is located.
(Neb. RS 19-1103)
   (C)   (1)   All warrants upon the Treasurer shall be paid in the order of their presentation therefor and as otherwise provided in Neb. RS 77-2201 through 77-2215.
(Neb. RS 77-2201)
      (2)   The Treasurer shall keep a warrant register, which register shall show in columns arranged for that purpose the number, the date, and the amount of each warrant presented and registered, the particular fund upon which the same is drawn, the date of presentation, the name and address of the person in whose name the warrant is registered, the date of payment, the amount of interest, and the total amount paid thereon, with the date when notice to the person in whose name such warrant is registered is mailed.
(Neb. RS 77-2202)
      (3)   The Treasurer shall make duplicate receipts for all sums which shall be paid into his or her office, which receipts shall show the source from which such funds are derived, and shall, by distinct lines and columns, show the amount received to the credit of each separate fund, and whether the same was paid in cash, in warrants, or otherwise.  The Treasurer shall deliver one of the duplicates to the person making the payment and retain the other in his or her office.
(Neb. RS 77-2209)
      (4)   The Treasurer shall daily, as money is received, foot the several columns of the cash book and of the register, and carry the amounts forward, and at the close of each year, in case the amount of money received by the Treasurer is insufficient to pay the warrants registered, he or she shall close the account for that year in the register and shall carry forward the excess.
(Neb. RS. 77-2210)
      (5)   The cash book, register, and retained receipts of the Treasurer shall at all times be open to the inspection of any person in whose name any warrants are registered and unpaid.
(Neb. RS 77-2212)
   (D)   The Treasurer shall permit any person to examine and copy the public records in the Treasurer's custody, and may charge a fee for providing copies of a public record, as provided in Neb. RS 84-712 through 84-712.09.
   (E)   The Treasurer shall keep all money belonging to the city separate and distinct from his or her own money. 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 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 obtain from the County Treasurer a monthly report as to the collection of delinquent taxes.
§ 1-206  APPOINTED OFFICIALS; CITY ATTORNEY.
   (A)   The City Attorney shall be the legal advisor of the City Council. He or she shall commence, prosecute, and defend all suits and actions necessary to be commenced, prosecuted, or defended on behalf of the city, or that may be ordered by the Council. When requested, he or she shall attend meetings of the Council and give them his or her opinion upon any matters submitted to him or her, either orally or in writing, as may be required. He or she shall draft or review for legal correctness ordinances, contracts, franchises, and other instruments as may be required, and he or she shall perform such other duties as may be imposed upon him or her by general law or ordinance. The Council shall have the right to pay the City Attorney compensation for legal services performed by him or her for it on such terms as the Council and Attorney may agree, and to employ additional legal assistance and to pay for such legal assistance out of the funds of the city.
(Neb. RS 17-610)
   (B)   The City Attorney shall also examine, when requested to do so by the City Council, the ordinance records and advise and assist the City Clerk as much as may be necessary to the end that each procedural step will be taken in the passage of each ordinance to insure that it will be a valid and subsisting local law in so far as its passage and approval are concerned.
§ 1-207  APPOINTED OFFICIALS; POLICE CHIEF.
   (A)   The Police Chief shall direct the police work of the city and shall be responsible for the maintenance of law and order. Unless the Mayor and City Council provide otherwise, he or she shall act as Health Inspector and Building Inspector.
   (B)   If the city has an agreement with the County Sheriff for law enforcement purposes, the County Sheriff shall have all the powers and duties of the Police Chief and city police officers as specified in the agreement.
§ 1-208  APPOINTED OFFICIALS; POLICE OFFICERS.
   (A)   (1)   The Mayor, by and with the consent of the Council, shall appoint such a number of regular police officers as may be necessary. All police officers appointed by the Mayor and Council may be removed, demoted, or suspended at any time by the Mayor as provided in division (A)(2) of this section. A police officer, including the Chief of Police, may appeal to the City Council such removal, demotion, or suspension with or without pay. After a hearing, the City Council may uphold, reverse, or modify the action.
      (2)   The City Council shall by ordinance adopt rules and regulations governing the removal, demotion, or suspension with or without pay of any police officer, including the Chief of Police. The ordinance shall include a procedure for such removal, demotion, or suspension with or without pay of any police officer, including the Chief of Police, upon the written accusation of the Police Chief, the Mayor, or any citizen or taxpayer. The City Council shall establish by ordinance procedures for acting upon such written accusation, in accordance with Neb. RS 17-107.  Nothing in this section shall be construed to prevent the preemptory suspension or immediate removal from duty of an officer by the appropriate authority, pending the hearing authorized by this section, in cases of gross misconduct, neglect of duty, or disobedience of orders.
      (3)   This section does not apply to a police officer during his or her probationary period.
(Neb. RS 17-107)
   (B)   The City Council may establish a law enforcement reserve force. Members of such force shall be appointed at the discretion of the Council. The Council may limit the size of such reserve force.
(Neb. RS 81-1438)
Statutory reference:
   Other provisions on law enforcement reserve force, see Neb. RS 81-1439 through 81-1446
§ 1-209  WATER COMMISSIONER/PUBLIC WORKS COMMISSIONER.
   (A)   (1)   As soon as a system of waterworks or mains or portion or extension of any system of waterworks or water supply has been established by the city, the Mayor shall nominate and by and with the advice and consent of the City Council shall appoint any competent person who shall be known as the Water Commissioner of the city and whose term of office shall be for one fiscal year or until his or her successor is appointed and qualified. Annually at the first regular meeting of the City Council in December, the Water Commissioner shall be appointed as provided in this section.
      (2)   The Water Commissioner may at any time, for sufficient cause, be removed by a two-thirds  vote of the City Council. Any vacancy occurring in the office of Water Commissioner by death, resignation, removal from office, or removal from the city may be filled in the manner provided in this section for the appointment of the Commissioner.
      (3)   The Water Commissioner shall, before he or she enters upon the discharge of his or her duties, execute a bond or provide evidence of equivalent insurance to the city in a sum to be fixed by the Mayor and Council, but not less than $5000, conditioned upon the faithful discharge of his or her duties, and such bond shall be signed by one or more good and sufficient sureties, to be approved by the Mayor and Council or executed by a corporate surety.
      (4)   The Water Commissioner, subject to the supervision of the Mayor and City Council, shall have the general management and control of the system of waterworks or mains or portion or extension of any system of waterworks or water supply in the city.
      (5)   In a city where no Board of Public Works exists, and the city has other public utilities than its waterworks system, the Mayor and Council shall by ordinance designate Water Commissioner as Public Works Commissioner with authority to manage not only the system of waterworks but also other public utilities, and all of the provisions of this division (A) applying to the Water Commissioner shall apply to the Public Works Commissioner.
(Neb. RS 17-541)
   (B)   (1)   The Water Commissioner shall collect all money received by the city on account of its system of waterworks and shall faithfully account for and pay over the same to the City Treasurer, taking his or her receipt therefor in duplicate, filing one of the same with the City Clerk.
      (2)   He or she shall make a detailed report to the City Council, at least once every six months, of the condition of the water system, of all mains, pipes, hydrants, reservoirs, and machinery, and such improvements, repairs, and extension thereof as he or she may think proper. The report shall show the amount of receipts and expenditures on account thereof for the preceding six months. No money shall be expended for improvements, repairs, or extension of the waterworks system except upon recommendation of the Water Commissioner.
      (3)   The Water Commissioner shall perform such other duties as may be prescribed by ordinance.
      (4)   The Water Commissioner shall be paid such salary as the Council may by ordinance provide, and upon his or her written recommendation, the Mayor and Council shall employ such laborers and clerks as may to them seem necessary.
      (5)   Neither the Mayor nor any member of the Council shall be eligible to the office of Water Commissioner during the term for which he or she was elected.
      (6)   If the city owns public utilities other than the waterworks system and the Water Commissioner has been designated by ordinance as the Public Works Commissioner under the authority of division (A) of this section, then all provisions of this division (B) in reference to a Water Commissioner shall apply to the Public Works Commissioner.
(Neb. RS 17-543)
   (C)   In the event the city shall have created a Board of Public Works, the Water Commissioner shall, subject to confirmation by the Mayor and Council, be employed thereafter by the Board at such reasonable compensation as may be agreed upon at the time of such employment and shall thereafter be under the jurisdiction of the Board, any of the provisions of Neb. RS 17-401 through 17-426, 17-501 through 17-560 and 19-1401 through 19-1404 to the contrary notwithstanding. Any Water Commissioner under the jurisdiction and control of the Board of Public Works may be removed by the Board, after an opportunity to be heard before the Mayor and Council if he or she shall so request, for malfeasance, misfeasance or neglect in office.
(Neb. RS 17-804)
§ 1-210  APPOINTED OFFICIALS; SEWER COMMISSIONER.
   (A)   The Sewer Commissioner, subject to the supervision of the Mayor and City Council, shall have the general management and control of the sewer system in the city.
   (B)   He or she shall collect all money received by the city on account of its sewer system and shall faithfully account for and pay over the same to the City Treasurer, taking his or her receipt therefor in duplicate, filing one of the same with the City Clerk.
   (C)   He or she shall make a detailed report to the City Council, at least once every six months, of the condition of the sewer system and such improvements, repairs, and extension thereof as he or she may think proper. The report shall show the amount of receipts and expenditures on account thereof for the preceding six months.
   (D)   He or she shall issue permits for all connections to the sewer system and inspect and supervise all repairs made to the system.
   (E)   The Sewer Commissioner shall perform such other duties as may be prescribed by ordinance.
§ 1-211  APPOINTED OFFICIALS; OVERSEER OF STREETS.
   (A)   The Overseer of Streets shall, subject to the order of the Mayor and Council, have general charge, direction, and control of all works on the streets, sidewalks, culverts, and bridges of the city, and shall perform such other duties as the Council may require.
(Neb. RS 17-119)
   (B)   It shall be his or her responsibility to see that gutters and drains in the city function properly and that they are kept in good repair.
   (C)   He or she shall, at the request of the City Council make a detailed report to the Council on the condition of the streets, sidewalks, culverts, alleys, and bridges of the city and shall direct their attention to such improvements, repairs, and extension thereof as he or she may think proper.
   (D)   The Overseer of Streets shall issue such permits and perform such other duties as may be prescribed by ordinance.
Statutory reference:
   Incentive payments to street superintendents, see Neb. RS 39-2512
§ 1-212  APPOINTED OFFICIALS; CITY ENGINEER; SPECIAL ENGINEER.
   (A)   (1)   The City Engineer shall, when requested by the Mayor or City Council, make estimates of the cost of labor and material which may be done or furnished by contract with the city and make all surveys, estimates, and calculations necessary to be made for the establishment of grades, building of culverts, sewers, electric light system, waterworks, power plant, public heating system, bridges, curbing, and gutters, the improvement of streets, and the erection and repair of buildings and shall perform such other duties as the City Council may require.
      (2)   When the city has appointed a Board of Public Works and the Mayor and City Council have by ordinance so authorized, the Board may utilize its own engineering staff and may hire consulting engineers for the design and installation of extensions and improvements of the works under the jurisdiction of the Board.
(Neb. RS 17-568.01)
   (B)   The Mayor and City Council may, when they deem it expedient, employ a special engineer to make, or assist in making, any estimate necessary or to perform any other duty provided for in Neb. RS 17-568.01.  Any work executed by such special engineer shall have the same validity and serve in all respects as though executed by the City Engineer.
(Neb. RS 17-568)
   (C)   The City Engineer shall make a record of the minutes of his or her surveys and of all work done for the city and, when directed by the Mayor and City Council, shall accurately make such plats, sections, profiles, and maps as may be necessary in the prosecution of any public work, which shall be public records and belong to the city and be turned over to his or her successor.
Statutory reference:
   Duties related to areas to be annexed, see Neb. RS 17-405
   Duties related to sewerage systems, see Neb. RS 17-150 and 17-919
§ 1-213  APPOINTED OFFICIALS; SALARIES.
   (A)   The salary ranges for the appointed officials of the city are hereby fixed as follows:
 
Electric Superintendent/Plant Supervisor
$12.50 to $25 per hour
Deputy Clerk/Secretary
$9 to $15 per hour
Temporary Clerical/City Hall
$9 to $12.50 per hour
Electric Lineman
$9 to $25 per hour
City Clerk/Treasurer
$12.50 to $25 per hour
Water and Sewer Manager
$10 to $25 per hour
City Attorney
$250 to $1,500 per month
Chief of Police
$12.50 to $25 per hour
Police Patrolman
$12.50 to $20 per hour
Library Director
$9 to $15 per hour
Assistant Librarian
$9 to $12.50 per hour
Street Commissioner
$12.50 to $25 per hour
Recycling and Sanitation
$9 to $25 per hour
Temporary Recycling Employee
$9 to $12.50 per hour
Swimming Pool Manager
$7.50 to $12 per hour
Assistant Swimming Pool Manager
$7.25 to $11.50 per hour
Lifeguards
$6 to $9 per hour
 
   (B)   The exact salary of the above-named appointed officials within the salary ranges set forth above shall be established from time to time by resolution of the City Council, and this section and the resolutions adopted pursuant hereto shall be available for public inspection in the office of the City Clerk. All salaries of elected and appointed officials of the city shall be published as provided by law.
(Ord. 857, passed 10-10-2011; Ord. 859, passed 1-3-2012; Ord. 863, passed 5-14-2012; Ord. 882, passed 9-9-2013; Ord. 899, passed 11-10-2014; Ord. 919, passed 11-14-2017)
§ 1-214  APPOINTED OFFICIALS; ORDINANCE ENFORCEMENT OFFICER.
   The Ordinance Enforcement Officer shall be appointed by the Mayor and Council, and shall have the following duties and authority:
   (A)   He or she shall conduct surveys and make inspections of buildings, structures and lots within the municipality to determine whether they are in compliance with the municipal ordinances;
   (B)   He or she shall be designated as the Zoning Enforcement Officer of the municipality and shall discharge all duties and exercise all authority provided in the zoning code of the municipality and in the statutes of the State of Nebraska;
   (C)   He or she shall investigate all complaints charging that a violation of a municipal ordinance exists and that any building, structure or lot is unfit or unsafe for human habitation or that the same contains or constitutes a nuisance, and shall keep records of all such complaints and the disposition of the same;
   (D)   He or she shall have the authority to issue citations and institute proceedings for abatement of nuisances and for enforcement of ordinances relating to the condition and use of properties within the municipality, and shall be considered to be a peace officer for the purposes of obtaining an inspection warrant under Neb. RS 29-830 et seq.;
   (E)   He or she shall be issued an identification badge or card, which he or she shall exhibit upon request in the discharge of his or her duties;
   (F)   He or she shall have no financial interest in the furnishing of labor, materials or appliances for the construction, alteration or maintenance of a building or for the abatement of a nuisance, and he or she shall not act as agent for any said dealer or as an agent for the sale, lease or rental of any real estate.; and
   (G)   He or she shall report to the Mayor and Council as often as they deem necessary, and shall have such other duties and issue such permits as they may direct.
(Ord. 808, passed 4-9-2007)
ARTICLE 3:  BONDS AND OATH
Section
   1-301   Bonds; requirements
   1-302   Oath of office; municipal officers
§ 1-301  BONDS; REQUIREMENTS.
   (A)   The city may enact ordinances or bylaws to require from all officers and servants, elected or appointed, bonds and security or evidence of equivalent insurance for the faithful performance of their duties. The city may pay the premium for such bonds or insurance coverage.
(Neb. RS 17-604)
   (B)   (1)   All official bonds of officers of the city shall be in form joint and several and made payable to the city in such penalty as the City Council may fix.
      (2)   In place of the individual bonds required to be furnished by municipal officers, a schedule, position, blanket bond or undertaking, or evidence of equivalent insurance may be given by municipal officers, or a single corporate surety fidelity, schedule, position, or blanket bond or undertaking, or evidence of insurance coverage covering all the officers, including officers required by law to furnish an individual bond or undertaking, may be furnished. The municipality may pay the premium for the bond or insurance coverage. The bond or insurance coverage shall be, at a minimum, an aggregate of the amounts fixed by law or by the City Council, and with such terms and conditions as may be required.
(Neb. RS 11-104)
      (3)   The penalty amount on any bond shall not fall below the legal minimum, when one has been set by the state, for each particular official.
   (C)   (1)   Official bonds, with the oath endorsed thereon, shall be filed in the City Clerk's office within the following time:
         (a)    Of all officers elected at any general election, following receipt of their election certificate and not later than ten days before the first Thursday after the first Tuesday in January next succeeding the election;
         (b)   Of all appointed officers, within 30 days after their appointment; and
         (c)   Of officers elected at any special election and city officers, within 30 days after the canvass of the votes of the election at which they were chosen.
      (2)   The filing of the bond with the oath endorsed thereon does not authorize a person to take any official action prior to the beginning of his or her term of office pursuant to Article XVII, section 5, of the Constitution of Nebraska.
(Neb. RS 11-105)
   (D)   All official bonds of city officers shall be executed by the principal named in such bonds and by at least two sufficient sureties who shall be freeholders of the county in which such bonds are given, or any official bond of a city officer may be executed by the officer as principal and by a guaranty, surety, fidelity, or bonding company as surety, or by two or more such companies. Only such companies as are legally authorized to transact business in this state shall be eligible to suretyship on the bond of a city officer.
(Neb. RS 11-109)
   (E)   The City Clerk shall carefully record and preserve the bonds in his or her office and shall give certified copies thereof, when required, under the seal of his or her office, and shall be entitled to receive for the same the usual fee allowed by law for certified copies of records in other cases.
(Neb. RS 11-110)
   (F)   (1)   The approval of each official bond shall be endorsed upon such bond by the officer approving the same, and no bond shall be filed and recorded until so approved.
(Neb. RS 11-111)
      (2)   No bond shall be deemed to be given or complete until the approval of the City Council and all sureties are endorsed in writing on the instrument by the Mayor and City Clerk pursuant to the approval of the City Council.
   (G)   All official bonds shall obligate the principal and sureties for the faithful discharge of all duties required by law of such principal and shall inure to the benefit of any persons injured by a breach of the conditions of such bonds.
(Neb. RS 11-112)
   (H)   No official bond shall be rendered void by reason of any informality of irregularity in its execution or approval.
(Neb. RS 11-113)
   (I)   No city official shall be taken as security on the bond of any administrator, executor, or other officer from whom by law bond is or may be required.
(Neb. RS 11-114)
   (J)   If any person elected or appointed to any office neglects to have his or her official bond executed and approved as provided by law and filed for record within the time limited by this section, the City Clerk shall immediately issue an order to such person to show cause why he or she has failed to properly file such bond and why his or her office should not be declared vacant. If such person properly files the official bond within ten days of the issuance of the show cause order for appointed officials or before the date for taking office for elected officials, such filing shall be deemed to be in compliance with this section. If such person does not file the bond within ten days of the issuance of such order for appointed officials or before the date for taking office for elected officials and sufficient cause is not shown within that time, his or her office shall thereupon ipso facto become vacant and such vacancy shall thereupon immediately be filled by election or appointment as the law may direct in other cases of vacancy in the same office.
(Neb. RS 11-115)
   (K)   Any person appointed to fill a vacancy, before entering upon the duties of the office, must give a bond corresponding in substance and form with the bond required of the officer originally elected or appointed, as herein provided.
(Neb. RS 11-116)
   (L)   When the incumbent of an office is reelected or reappointed, he or she shall qualify by taking the oath and giving the bond as above directed, but when such officer has had public funds or property in his or her control, his or her bond shall not be approved until he or she has produced and fully accounted for such funds and property. When it is ascertained that the incumbent of an office holds over by reason of the non-election or non-appointment of a successor or of the neglect or refusal of the successor to qualify, he or she shall qualify anew within ten days from the time at which his or her successor, if elected, should have qualified.
(Neb. RS 11-117)
   (M)   No person shall be surety for the same officer for more than two successive terms of the same office, but this provision shall not apply to incorporated surety companies.
(Neb. RS 11-118)
   (N)   If the sureties on the official bond of any appointed officer of the city, in the opinion of the City Council, become insufficient, the Council may, by resolution, fix a reasonable time within which the officer may give a new bond or additional sureties as directed. If the officer fails, refuses, or neglects to give a new bond or additional sureties to the satisfaction and approval of the Council, the office shall, by such failure, refusal, or neglect, become vacant and it shall be the duty of the Council to appoint a competent and qualified person to fill the office.
§ 1-302  OATH OF OFFICE; MUNICIPAL OFFICERS.
   All officials of the municipality, whether elected or appointed, except when a different oath is specifically provided herein, shall, before entering upon their respective duties, take and subscribe the following oath which shall be endorsed upon their respective bonds:
“I __________________________________________ do solemnly swear that I will support the Constitution of the United States and the Constitution of the State of Nebraska, against all enemies foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, and without mental reservation, or for the purpose of evasion; and that I will faithfully and impartially perform the duties of the office of ________________________, according to law, and to the best of my ability. And I do further swear that I do not advocate, nor am I a member of any political party or organization that advocates the overthrow of the government of the United States or of this State by force, or violence; and that during such time as I am in this position I will not advocate, nor become a member of any political party or organization that advocates the over throw of the government of the United States or of this State by force or violence. So help me God.”
(Neb. RS 11-101)
ARTICLE 4:  CORPORATE SEAL
Section
   1-401   Seal; official corporate
§ 1-401  SEAL; OFFICIAL CORPORATE.
   The official corporate seal of the municipality shall be kept in the office of the Municipal Clerk, and shall bear the following inscription, “Seal, City of Franklin, Nebraska.” The Municipal Clerk shall affix an impression of the said official seal to all warrants, licenses, permits, ordinances and all other official papers issued by order of the governing body and countersigned by the Municipal Clerk.
(Neb. RS 17-502)
ARTICLE 5:  MEETINGS
Section
   1-501   Meetings; definitions
   1-502   Meetings; open to public; notice; agenda
   1-503   Meetings; notice to news media
   1-504   Meetings; Council meetings; when; quorum; votes
   1-505   Meetings; emergency meetings
   1-506   Meetings; attendance other than in person
   1-507   Meetings; closed sessions
   1-508   Meetings; prohibited acts; exempt events
   1-509   Meetings; public participation
   1-510   Meetings; City Council; order of business
   1-511   Meetings; votes
   1-512   Meetings; City Council; parliamentary procedure
   1-513   Meetings; minutes
   1-514   Meetings; change in office
§ 1-501  MEETINGS; DEFINITIONS.
   For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   MEETING.  All regular, special, or called meetings, formal or informal, of a public body for the purposes of briefing, discussion of public business, formation of tentative policy, or the taking of any action.
   PUBLIC BODY.
      (1)   (a)   The City Council;
         (b)   All independent boards, commissions, bureaus, committees, councils, subunits, or any other bodies created by the Constitution of Nebraska, statute, ordinance, or otherwise pursuant to law; and
         (c)   Advisory committees of the bodies listed above.
      (2)   PUBLIC BODY does not include subcommittees of such bodies unless a quorum of the public body attends a subcommittee meeting or unless the subcommittees are holding hearings, making policy, or taking formal action on behalf of their parent body.
(Neb. RS 84-1409)
(Ord. 315, passed 6-14-1976; Ord. 437, passed 10-11-1983)
§ 1-502  MEETINGS; OPEN TO PUBLIC; NOTICE; AGENDA.
   (A)   The formation of public policy is public business and may not be conducted in secret.  Every meeting of a public body shall be open to the public in order that citizens may exercise their democratic privilege of attending and speaking at meetings of public bodies, except as otherwise provided by the Constitution of Nebraska, federal statutes, and the Open Meetings Act.
(Neb. RS 84-1408)
   (B)   Each public body shall give reasonable advance publicized notice of the time and place of each meeting by a method designated by the public body and recorded in its minutes. The notice shall be transmitted to all members of the public body and to the public.  The notice shall contain an agenda of subjects known at the time of the publicized notice or a statement that the agenda, which shall be kept continually current, is readily available for public inspection at the office of the public body during normal business hours.  Agenda items shall be sufficiently descriptive to give the public reasonable notice of the matters to be considered at the meeting. Except for items of an emergency nature, the agenda shall not be altered later than 24 hours before the scheduled commencement of the meeting or 48 hours before the scheduled commencement of a meeting of the City Council scheduled outside the corporate limits of the city.  The public body shall have the right to modify the agenda to include items of an emergency nature only at such public meeting.
(Neb. RS 84-1411)
(Ord. 315, passed 6-14-1976; Ord. 437, passed 10-11-1983; Ord. 518, passed 9-14-1987)
§ 1-503  MEETINGS; NOTICE TO NEWS MEDIA.
   The City Clerk, in the case of the City Council, and the secretary or other designee of each other public body shall maintain a list of the news media requesting notification of meetings and shall make reasonable efforts to provide advance notification to them of the time and place of each meeting and the subjects to be discussed at that meeting.
(Neb. RS 84-1411)  (Ord. 315, passed 6-14-1976)
§ 1-504  MEETINGS; COUNCIL MEETINGS; WHEN; QUORUM; VOTES.
   (A)   Regular meetings of the City Council shall be held in the meeting place of the municipality.  Regular meetings shall be held on the second Tuesday of each month at the hour of 7:30 p.m. A majority of all the members elected to the Council shall constitute a quorum for the transaction of any business, but a fewer number may adjourn from time to time and compel the attendance of absent members. Unless a greater vote is required by law, an affirmative vote of at least one-half of the elected members shall be required for the transaction of any business.
(Neb. RS 17-105)  (Ord. 480, passed 10-8-1985; Ord. 498, passed 2-10-1987; Ord. 573, passed 5-11-1992; Ord. 616, passed 1-8-1996; Ord. 915, passed 6-12-2017)
   (B)   (1)   The Mayor or any three Council members shall have power to call special meetings of the City Council, the object of which shall be submitted to the Council in writing; and the call and object, as well as the disposition thereof, shall be entered upon the journal by the City Clerk.
(Neb. RS 17-106)
      (2)   On filing the call for a special meeting, the City Clerk shall notify the Mayor and Council members of the special meeting, stating the time and purpose.
   (C)   Unless otherwise provided by the Council, on the request of any two members, whether a quorum is present or not, all absent members shall be sent for and compelled to attend.
   (D)   At the hour appointed for a meeting, the City Clerk shall proceed to call the roll of members and announce whether a quorum is present. If a quorum is present, the Council shall be called to order by the Mayor, if present, or if absent, by the President of the Council.
§ 1-505  MEETINGS; EMERGENCY MEETINGS.
   When it is necessary to hold an emergency meeting without reasonable advance public notice, the nature of the emergency shall be stated in the minutes and any formal action taken in that meeting shall pertain only to the emergency.  Such emergency meetings may be held by means of electronic or telecommunication equipment.  The provisions of § 1-503 shall be complied with in conducting emergency meetings.  Complete minutes of such emergency meetings specifying the nature of the emergency and any formal action taken at the meeting shall be made available to the public by no later than the end of the next regular business day.
(Neb. RS 84-1411)  (Ord. 315, passed 6-14-1976; Ord. 437, passed 10-11-1983)
§ 1-506  MEETINGS; ATTENDANCE OTHER THAN IN PERSON.
   A public body may allow a member of the public or any other witness other than a member of the public body to appear before the public body by means of video or telecommunications equipment.
(Neb. RS 84-1411)
§ 1-507  MEETINGS; CLOSED SESSIONS.
   (A)   (1)   Any public body may hold a closed session by the affirmative vote of a majority of its voting members if a closed session is clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual and if that individual has not requested a public meeting.  The subject matter and the reason necessitating the closed session shall be identified in the motion to close. Closed sessions may be held for, but shall not be limited to, such reasons as:
         (a)   Strategy sessions with respect to collective bargaining, real estate purchases, pending litigation, or litigation which is imminent as evidenced by communication of a claim or threat of litigation to or by the public body;
         (b)   Discussion regarding deployment of security personnel or devices;
         (c)   Investigative proceedings regarding allegations of criminal misconduct; or
         (d)   Evaluation of the job performance of a person when necessary to prevent needless injury to the reputation of a person and if that person has not requested a public meeting.
      (2)   Nothing in this section shall permit a closed meeting for discussion of the appointment or election of a new member to any public body.
   (B)   The vote to hold a closed session shall be taken in open session.  The entire motion, the vote of each member on the question of holding a closed session, and the time when the closed session commenced and concluded shall be recorded in the minutes.  If the motion to close passes, then the presiding officer immediately prior to the closed session shall restate on the record the limitation of the subject matter of the closed session. The public body holding such a closed session shall restrict its consideration of matters during the closed portions to only those purposes set forth in the motion to close as the reason for the closed session.  The meeting shall be reconvened in open session before any formal action may be taken.  For purposes of this section, formal action means a collective decision or a collective commitment or promise to make a decision on any question, motion, proposal, resolution, order, or ordinance or formation of a position or policy but shall not include negotiating guidance given by members of the public body to legal counsel or other negotiators in closed sessions authorized under division (A)(1)(a) of this section.
   (C)   Any member of any public body shall have the right to challenge the continuation of a closed session if the member determines that the session has exceeded the reason stated in the original motion to hold a closed session or if the member contends that the closed session is neither clearly necessary for the protection of the public interest or the prevention of needless injury to the reputation of an individual.  Such challenge shall be overruled only by a majority vote of the members of the public body.  The challenge and its disposition shall be recorded in the minutes.
   (D)   Nothing in this section shall be construed to require that any meeting be closed to the public.
(Neb. RS 84-1410)  (Ord. 780, passed 11-8-2004)
§ 1-508  MEETINGS; PROHIBITED ACTS; EXEMPT EVENTS.
   (A)   No person or public body shall fail to invite a portion of its members to a meeting, and no public body shall designate itself a subcommittee of the whole body for the purpose of circumventing this article or the Open Meetings Act.  No closed session, informal meeting, chance meeting, social gathering, email, fax, or electronic communication shall be used for the purpose of circumventing the requirements of this article or the Act.
   (B)   This article and the Act do not apply to chance meetings or to attendance at or travel to conventions or workshops of members of a public body at which there is no meeting of the body then intentionally convened, if there is no vote or other action taken regarding any matter over which the public body has supervision, control, jurisdiction, or advisory power.
(Neb. RS 84-1410)  (Ord. 780, passed 11-8-2004)
§ 1-509  MEETINGS; PUBLIC PARTICIPATION.
   (A)   Subject to this article and the Open Meetings Act, the public has the right to attend and the right to speak at meetings of public bodies, and all or any part of a meeting of a public body, except for closed sessions called pursuant to § 1-507, may be videotaped, televised, photographed, broadcast, or recorded by any person in attendance by means of a tape recorder, camera, video equipment, or any other means of pictorial or sonic reproduction or in writing.
   (B)   It shall not be a violation of division (A) of this section for any public body to make and enforce reasonable rules and regulations regarding the conduct of persons attending, speaking at, videotaping, televising, photographing, broadcasting, or recording its meetings.  A body may not be required to allow citizens to speak at each meeting, but it may not forbid public participation at all meetings.
   (C)   No public body shall require members of the public to identify themselves as a condition for admission to the meeting nor shall such body require that the name of any member of the public be placed on the agenda prior to such meeting in order to speak about items on the agenda.  The body may require any member of the public desiring to address the body to identify himself or herself.
   (D)   No public body shall, for the purpose of circumventing this article or the Open Meetings Act, hold a meeting in a place known by the body to be too small to accommodate the anticipated audience.
   (E)   No public body shall be deemed in violation of this section if it holds its meeting in its traditional meeting place which is located in this state.
   (F)   No public body shall be deemed in violation of this section if it holds a meeting outside of this state if, but only if, a member entity of the public body is located outside of this state and the other requirements of Neb. RS 84-1412 are met.
   (G)   The public body shall, upon request, make a reasonable effort to accommodate the public’s right to hear the discussion and testimony presented at the meeting.
   (H)   Public bodies shall make available at the meeting, for examination and copying by members of the public, at least one copy of all reproducible written material to be discussed at an open meeting. Public bodies shall make available at least one current copy of the Open Meetings Act posted in the meeting room at a location accessible to members of the public. At the beginning of the meeting, the public shall be informed about the location of the posted information.
(Neb. RS 84-1412)  (Ord. 315, passed 6-14-1976; Ord. 437, passed 10-11-1983; Ord. 481, passed 10-8-1985; Ord. 514, passed 9-14-1987)
§ 1-510  MEETINGS; CITY COUNCIL; ORDER OF BUSINESS.
   Promptly at the hour set by law on the day of each regular meeting, the members of the City Council, the Mayor, the City Clerk, and such other city officials that may be required shall take their regular stations in the meeting place, and the business of the city shall be taken up for consideration and disposition in the manner prescribed by the official agenda on file at the office of the City Clerk.
§ 1-511  MEETINGS; VOTES.
   (A)   Any action taken on any question or motion duly moved and seconded shall be by roll call vote of the public body in open session, and the record shall state how each member voted, or if the member was absent or not voting.  The requirements of a roll call or viva voce vote shall be satisfied by a city which utilizes an electronic voting device which allows the yeas and nays of each member of the City Council to be readily seen by the public.
   (B)   The vote to elect leadership within a public body may be taken by secret ballot, but the total number of votes for each candidate shall be recorded in the minutes.
(Neb. RS 84-1413)  (Ord. 315, passed 6-14-1976)
Cross-reference:
   City Council voting procedures, see §§ 1-605 and 1-504
§ 1-512  MEETINGS; CITY COUNCIL; PARLIAMENTARY PROCEDURE.
   Unless the City Council provides otherwise, the rules of parliamentary procedure specified in this section shall apply to meetings of the City Council. The Mayor shall preserve order during meetings of the City Council and shall decide all questions of order, subject to an appeal to the Council.  When any person is called to order, he or she shall be seated until the point is decided.  When the Mayor is putting the question, no person shall leave the meeting room.  Every person present, previous to speaking, shall rise from his or her seat and address the presiding officer and while speaking shall confine his or her comments to the question.  When two or more persons rise at once, the Mayor shall recognize the one who spoke first.  All resolutions or motions shall be reduced to writing before being acted upon, if requested by the City Clerk or any member of the Council.  Every member of the Council who is present when a question is voted upon shall cast his or her vote unless excused by a majority of the members of the Council present.  No motion shall be put or debated unless seconded.  When seconded, it shall be stated by the Mayor before being debatable.  In all cases where a motion or resolution is entered on the minutes, the name of the member of the Council making the motion or resolution shall be entered also.  After each vote, the “yeas” and “nays” shall be taken and entered in the minutes.  Before the vote is actually taken, any resolution, motion, or proposed ordinance may be withdrawn from consideration by the sponsor with the consent of the member of the Council seconding the resolution, motion, or ordinance.  When, in the consideration of an ordinance, different times or amounts are proposed, the question shall be put on the largest sum, or the longest time.  A question to reconsider shall be in order when made by a member voting with the majority, but the motion to reconsider must be made before the expiration of the third regular meeting after the initial consideration of the question.  When any question is under debate, no motion shall be made, entertained, or seconded except the previous question, a motion to table, and to adjourn.  Each of those motions shall be decided without debate.  Any of the rules of the Council for meetings may be suspended by a two-thirds vote of the members present.  In all cases in which provisions are not made by these rules, Robert’s Rules of Order is the authority by which the Council shall decide all procedural disputes that may arise.
§ 1-513  MEETINGS; MINUTES.
   (A)   Each public body shall keep minutes of all meetings showing the time, place, members present and absent, and the substance of all matters discussed.
   (B)   The minutes of all meetings and evidence and documentation received or disclosed in open session shall be public records and open to public inspection during normal business hours.
   (C)   Minutes shall be written and available for inspection within ten working days or prior to the next convened meeting, whichever occurs earlier, except that the city may have an additional ten working days if the employee responsible for writing the minutes is absent due to a serious illness or emergency.
(Neb. RS 84-1413)  (Ord. 315, passed 6-14-1976)
§ 1-514  MEETINGS; CHANGE IN OFFICE.
   (A)   The Mayor and City Council shall meet at the time and place of the first regular meeting in December in each election year, and the outgoing officers and the outgoing members of the Council shall present their reports.  Upon the outgoing Council having completed its business, the outgoing members of the Council shall surrender their offices to the incoming members, and the outgoing officers shall thereupon each surrender to their successors in office all property, records, papers, and moneys belonging to the same.
   (B)   The newly elected members of the Council and those continuing in office shall convene immediately after the prior Council adjourns and proceed to organize themselves for the ensuing year.  The Mayor shall call the meeting to order.  The Clerk shall report to the Council the names of all Council members-elect who have qualified for their respective offices.  The Council shall examine the credentials of its members and any other elective officers of the city to see that each has been duly and properly elected and to see that such oaths and bonds as are required have been given.  The Clerk’s report shall be spread upon the minutes of the meeting preceding the roll call.
   (C)   After ascertaining that all Council members and officers are duly qualified and after the Clerk has called the roll, the Council shall elect a President of the Council.  The Mayor shall nominate his or her candidates for appointive offices in which the terms of incumbents are expired and call for a vote on approval of the candidates.  The Mayor shall then proceed with the regular order of business.
(Ord. 325, passed 6-14-1976)
ARTICLE 6:  ORDINANCES, RESOLUTIONS AND MOTIONS
Section
   1-601   Ordinances, resolutions and motions; grant of power
   1-602   Ordinances; introduction of ordinances
   1-603   Resolutions and motions; procedure for resolutions and motions
   1-604   Ordinances; style, title
   1-605   Ordinances, resolutions, orders, bylaws; reading and passage
   1-606   Ordinances; publication
   1-606.1   Ordinances; notices; publication
   1-607   Ordinances; certificate of publication or posting
   1-608   Ordinances; emergency ordinances
   1-609   Ordinances; amendments and revisions
§ 1-601  ORDINANCES, RESOLUTIONS AND MOTIONS; GRANT OF POWER.
   In addition to its special powers, the city shall have the power to make all ordinances, bylaws, rules, regulations, and resolutions, not inconsistent with the laws of the state, as may be expedient for maintaining the peace, good government, and welfare of the city and its trade, commerce, and manufactories, and to enforce all ordinances by inflicting fines or penalties for the breach thereof, not exceeding $500 for any one offense, recoverable with costs.
(Neb. RS 17-505)  (Ord. 638, passed 6-9-1997)
Statutory reference:
   Adoption of standard codes, see Neb. RS 18-132 and 19-922
   Prosecution in county court, see Neb. RS 25-2703
§ 1-602  ORDINANCES; INTRODUCTION OF ORDINANCES.
   Unless the City Council provides otherwise, ordinances shall be introduced by members of the City Council in one of the following ways:
   (A)   With the recognition of the Mayor, a member may, in the presence and hearing of a majority of the members elected to the City Council, read aloud the substance of the proposed ordinance and file a copy with the City Clerk for future consideration; or
   (B)   With the recognition of the Mayor, a member may present the proposed ordinance to the Clerk, who, in the presence and hearing of a majority of the members elected to the City Council, shall read aloud the substance of the ordinance and file it for future consideration.
(Ord. 639, passed 6-9-1997)
§ 1-603  RESOLUTIONS AND MOTIONS; PROCEDURE FOR RESOLUTIONS AND MOTIONS.
   Unless the City Council provides otherwise,  resolutions and motions shall be introduced in one of the methods prescribed in § 1-602 for the introduction of ordinances.  The issue raised by the resolution or motion shall be disposed of in accordance with the usage of parliamentary law adopted for the guidance of the City Council.  A majority vote shall be required to pass any resolution or motion.  The vote on any resolution or motion shall be by roll call vote.
§ 1-604  ORDINANCES; STYLE, TITLE.
   (A)   Style.  The style of all city ordinances shall be:  "Be it ordained by the Mayor and Council of the City of __________, Nebraska:…."
(Neb. RS 17-613)
   (B)   Title.  No ordinance shall contain a subject which is not clearly expressed in the title.
(Neb. RS 17-614)
§ 1-605  ORDINANCES, RESOLUTIONS, ORDERS, BYLAWS; READING AND PASSAGE.
   (A)   All ordinances and resolutions or orders for the appropriation or payment of money shall require for their passage or adoption the concurrence of a majority of all members elected to the City Council. The Mayor may vote when his or her vote would provide the additional vote required to attain the number of votes equal to a majority of the number of members elected to the Council, and the Mayor shall, for the purpose of such vote, be deemed to be a member of the Council. Ordinances of a general or permanent nature shall be read by title on three different days unless three-fourths of the City Council vote to suspend this requirement, except that this requirement shall not be suspended for any ordinance for the annexation of territory.  In case this requirement is suspended, the ordinance shall be read by title and then moved for final passage.  Three-fourths of the City Council may require a reading of any such ordinance in full before enactment under either procedure set out in this section.
(Neb. RS 17-614)
   (B)   On the passage or adoption of every bylaw or ordinance, and every resolution or order to enter into a contract by the City Council, the yeas and nays shall be called and recorded.  To pass or adopt any bylaw, ordinance, or any such resolution or order, a concurrence of a majority of the whole number of members elected to the City Council shall be required.  All appointments of the officers by the City Council shall be made viva voce, and the concurrence of a like majority shall be required, and the names of those, and for whom they voted, on the vote resulting in an appointment, shall be recorded.  The requirements of a roll call or viva voce vote shall be satisfied by a city which utilizes an electronic voting device which allows the yeas and nays of each member of the City Council to be readily seen by the public.
(Neb. RS 17-616)
§ 1-606  ORDINANCES; PUBLICATION.
   All ordinances of a general nature shall, before they take effect, be published one time, within 15 days after they are passed:
   (A)   In newspaper in or of general circulation in the city; or
   (B)   In book or pamphlet form.
(Ord. 493, passed 11-11-1976; Ord. 641, passed 6-9-1997; Ord. 929, passed 2-13-2018)
Statutory reference:
   Additional provisions, see Neb. RS 18-131
§ 1-606.1  ORDINANCES; NOTICES; PUBLICATION.
   If the municipality is required to publish a notice or advertisement in a legal newspaper in or of general circulation in the municipality, and if there is no legal newspaper in or of general circulation in the municipality, then the municipality shall publish such notice or advertisement in a legal newspaper in or of general circulation in the county in which the municipality is located. If there is no legal newspaper in or of general circulation in such county, then the municipality shall publish such notice or advertisement by posting a written or printed copy thereof in each of three public places in the municipality for the same period of time the municipality is required to publish the notice or advertisement in a legal newspaper.
(Ord. 926, passed 2-13-2018)
§ 1-607  ORDINANCES; CERTIFICATE OF PUBLICATION OR POSTING.
   The passage, approval, and publication or posting of an ordinance shall be sufficiently proved by a certificate under the seal of the city from the City Clerk showing that the ordinance was passed and approved, and when and in what paper the ordinance was published, or when and by whom and where the ordinance was posted.
(Neb. RS 17-613)
Statutory reference:
   Passage; rules and regulations, see Neb. RS 17-615
§ 1-608  ORDINANCES; EFFECTIVE DATE; EMERGENCY ORDINANCES.
   (A)   Except as provided in § 1-606 and division (B) of this section, an ordinance for the government of the city which has been adopted by the City Council without submission to the voters of the city shall not go into effect until 15 days after the passage of the ordinance.
(Neb. RS 19-3701)
   (B)   In the case of riot, infectious or contagious diseases, or other impending danger, failure of a public utility, or any other emergency requiring its immediate operation, an ordinance shall take effect upon the proclamation of the Mayor and the posting thereof in at least three of the most public places in the city.  The emergency ordinance shall recite the emergency, be passed by a three-fourths vote of the City Council, and be entered of record on the City Clerk's minutes.
(Neb. RS 17-613)
(Ord. 642. passed 6-9-1997)
§ 1-609  ORDINANCES: AMENDMENTS AND REVISIONS.
   No ordinance or section thereof shall be revised or amended unless the new ordinance contains the entire ordinance or section as revised or amended and the ordinance or section so amended is repealed, except that an ordinance revising all the ordinances of the city and modifications to zoning or building districts may be adopted as otherwise provided by law.
(Neb. RS 17-614)
(Ord. 643, passed 6-9-1997)
Statutory reference:
   Modifications to zoning or building districts, see Neb. RS 19-915
   Ordinances revising all the ordinances of the city, see Neb. RS 17-614
ARTICLE 7:  ELECTIONS
Section
   1-701   Elections; generally
   1-702   Elections; notice
   1-703   Elections; registered voters; qualifications
   1-704   Elections; special elections
   1-705   Elections; election of officers; certifications required
   1-706   Elections; partisan ballot; when allowed; requirements
   1-707   Elections; candidate filing forms; deadlines; filing officer
   1-708   Elections; filing fee
   1-709   Elections; petition, write-in, and other candidates for general election ballot; procedures
   1-710   Elections; recall procedure
   1-711   Elections; exit polls
   1-712   Elections; wards
Statutory reference:
   Election Act, see Neb. RS 32-101
§ 1-701  ELECTIONS; GENERALLY.
   (A)   All city issues and offices shall be combined on the statewide primary and general election ballots whenever possible.  The issuance of separate ballots shall be avoided in a statewide election if city offices or issues can reasonably be combined with the nonpartisan ballot and state law does not require otherwise.  All city elections involving the election of officers shall be held in accordance with the Election Act and in conjunction with the statewide primary or general election.