(A) Unless otherwise provided by law, the City Council may propose to revise the previously adopted budget statement and shall conduct a public hearing on such proposal, whenever during the current fiscal year it becomes apparent to the City Council that:
(1) There are circumstances which could not reasonably have been anticipated at the time the budget for the current year was adopted;
(2) The budget adopted violated Neb. RS 13-518 through 13-522, such that the revenue of the current fiscal year for any fund thereof will be insufficient, additional expenses will be necessarily incurred, or there is a need to reduce the budget requirements to comply with Neb. RS 13-518 through 13-522; or
(3) The City Council has been notified by the State Auditor of a mathematical or accounting error or noncompliance with the Nebraska Budget Act.
(B) Notice of the time and place of the hearing shall be published at least four days prior to the date set for hearing in a newspaper of general circulation within the City Council’s jurisdiction. For purposes of such notice, the four calendar days shall include the day of publication but not the day of hearing. Such published notice shall set forth:
(1) The time and place of the hearing;
(2) The amount in dollars of additional or reduced money required and for what purpose;
(3) A statement setting forth the nature of the unanticipated circumstances and, if the budget requirements are to be increased, the reasons why the previously adopted budget of expenditures cannot be reduced during the remainder of the current year to meet the need for additional money in that manner;
(4) A copy of the summary of the originally adopted budget previously published; and
(5) A copy of the summary of the proposed revised budget.
(C) At such hearing any taxpayer may appear or file a written statement protesting any application for additional money. A written record shall be kept of all such hearings.
(D) (1) Upon conclusion of the public hearing on the proposed revised budget and approval of the proposed revised budget by the City Council, the City Council shall file with the County Clerk of the county or counties in which such City Council is located, and with the State Auditor, a copy of the revised budget, as adopted, and shall certify the revised amount of tax to be levied.
(2) The City Council may then issue warrants in payment for expenditures authorized by the adopted revised budget. Such warrants shall be referred to as registered warrants and shall be repaid during the next fiscal year from funds derived from taxes levied therefor.
(E) (1) Within 30 days after the adoption of the budget under Neb. RS 13-506, a City Council may, or within 30 days after notification of an error by the State Auditor, a City Council shall, correct an adopted budget which contains a clerical, mathematical or accounting error which does not affect the total amount budgeted by more than 1% or increase the amount required from property taxes.
(2) No public hearing shall be required for such a correction. After correction, the City Council shall file a copy of the corrected budget with the County Clerk of the county or counties in which such City Council is located and with the State Auditor. The City Council may then issue warrants in payment for expenditures authorized by the budget.
(Prior Code, § 1-824) (Ord. 693, passed 10-10-2000; Ord. 710, passed 4-23-2002)
Statutory reference:
Similar provisions, see Neb. RS 13-511