CHAPTER 2: COMMISSIONS AND BOARDS
   Article
      1.   STANDING COMMITTEES
      2.   COMMISSIONS AND BOARDS
      3.   PENAL PROVISION
ARTICLE 1: STANDING COMMITTEES
Section
   2-101   General provisions
§ 2-101  GENERAL PROVISIONS.
   (A)   At that organizational meeting of the City Council, which first follows the statewide general election, the Council shall elect from among its number the members of such standing committees as the City Council may by ordinance or resolution create. The membership of such standing committees may be changed at any time by a majority of the members elected to the Council. The Mayor shall be a member ex-officio of each standing committee. The members of the standing committees shall serve a term of office of two years, unless reappointed.
   (B)   The following standing committees shall be appointed or reappointed every two years until changed by the governing body:
      (1)   Utilities;
      (2)   Municipal Services;
      (3)   Administrative Services; and
      (4)   Public Safety.
(2005 Code, § 2-101)
ARTICLE 2: COMMISSIONS AND BOARDS
Section
   2-201   Library Board
   2-202   Planning Commission
   2-203   Board of Adjustment
   2-204   Board of Health
   2-205   Board of Plumbing Examiners
   2-206   Board of Electrical Examiners
   2-207   Housing Authority Board
   2-208   Airport Authority
   2-209   Civil Service Commission; Personnel Plan
   2-210   Community Redevelopment Authority
   2-211   Citizen’s Advisory Review Committee
§ 2-201  LIBRARY BOARD.
   (A)   The Mayor and City Council shall appoint five members to the Library Board, to serve with an equal number appointed by Phelps County. The members of the Library Board shall serve a four-year term of office. The Board shall serve without compensation. At the time of the Board’s first meeting in July of each year, the Board shall organize by selecting from its number a Chairperson and Secretary. It shall be the duty of the Secretary to keep the full and correct minutes and records of all meetings and to file the same with the Municipal Clerk, where they shall be available for public inspection at any reasonable time. A majority of the Board members shall constitute a quorum for the transaction of business. The Library Board shall have the authority to appoint a librarian and all other employees.
   (B)   It shall be the duty of the Board to have general charge of the Municipal Library and to establish appropriate rules and regulations for the management, operation and use of the same. The Board shall have supervisory authority over all employees of the library including the librarian. The Board shall be responsible for making such reports and performing such additional duties as the governing body may designate from time to time.
   (C)   No member of the governing body shall serve as a member of the Library Board while serving a term of office as a member of the governing body. No member of the Library Board shall serve in the capacity of both the Chairperson and Secretary of the Board.
(2005 Code, § 2-201)
§ 2-202  PLANNING COMMISSION.
   (A)   The governing body shall appoint the Planning Commission which shall consist of nine members who shall represent, insofar as is possible, the different professions or occupations in the municipality and who shall be residents of the municipality. However, two of such members may be residents of the area over which the municipality is authorized to exercise extraterritorial zoning and subdivision regulations. The members of the Commission shall serve a three-year term of office unless reappointed. The Commission shall serve without compensation and may be required, in the discretion of the governing body, to give a bond in a sum set by resolution of the governing body, and conditioned upon the faithful performance of its duties. At the time of the Commission’s first meeting in January of each year, the Commission shall organize by selecting from its membership a Chairperson and Secretary. It shall be the duty of the Secretary to keep the full and correct minutes and records of all meetings and to file the same with the Municipal Clerk, where they shall be available for public inspection at any reasonable time.
   (B)   The Planning Commission shall be funded by the governing body from time to time out of the General Fund.
   (C)   A majority of the Commission shall constitute a quorum for the purpose of doing business. Special meetings may be held upon the call of the Chairperson or any three members of the Commission. The Planning Commission shall hold at least one regular meeting each month.
   (D)   It shall be the duty of the Commission to make and adopt plans for the physical development of the municipality, including any areas outside its boundaries which, in the Commission’s judgment, bear relation to the planning of the municipality. The governing body authorizes the Planning Commission to grant conditional uses or special exceptions to property owners for the use of their property and approves the standards and procedures adopted by the Commission for equitably and judiciously granting such conditional uses or special exceptions. All actions of the Commission shall be subject to the review and supervision of the governing body. The Commission shall be responsible for making such reports and performing such other duties as the governing body may, from time to time, designate.
   (E)   No member of the governing body, or other municipal official, except where otherwise specifically provided, shall serve as a member of the Planning Commission while serving any other term of office. No member of the Planning Commission shall serve in the capacity of both the Chairperson and Secretary of the Commission.
(2005 Code, § 2-202)
§ 2-203  BOARD OF ADJUSTMENT.
   (A)   The governing body shall appoint the Board of Adjustment which shall consist of five regular members, plus one additional member designated as an alternate, who shall attend and serve only when one of the regular members is unable to attend for any reason. Each member of the Board shall serve a term of three years, unless reappointed, and shall be removable only for good and sufficient cause by the governing body upon written charges and after a public hearing. The members of the Board shall serve without compensation and may be required, in the discretion of the governing body, to give a bond in a sum set by resolution of the governing body, and conditioned upon the faithful performance of their duties. One member of the Board of Adjustment shall be at the same time a member of the Planning Commission at all times. Upon the loss of membership on the Planning Commission, the said member shall also lose his or her membership on the Board of Adjustment. The Board shall organize at its first meeting in January of each year and elect from its membership a Chairperson and Secretary. It shall be the duty of the Secretary to keep complete and accurate minutes of all Board meetings and to file the same at the office of the Municipal Clerk for examination at any reasonable time by the public.
   (B)   The Board of Adjustment shall be funded from time to time out of the General Fund by the governing body.
   (C)   Meetings of the Board shall be held at such times as the governing body may designate, or at such other times as the Chairperson may, in his or her discretion call a meeting. Special meetings may be also held upon the call of any three members of the Board.
   (D)   A majority of the Board shall constitute a quorum for the purpose of doing business.
   (E)   (1)   It shall be the duty of the Board to hear and decide appeals where it is alleged that there is error in any order, requirement, decision or determination made by a municipal official based on any zoning ordinance of the municipality; to hear and decide in accordance with the provisions of any zoning ordinance, requests for interpretation of any map; and authorize a variance from the strict application of any zoning ordinance if it is found that a specific piece of property, due to exceptional specifications existing at the time of passage of the said ordinance, would result in exceptional difficulties and undue hardship; provided that, no variance shall be granted if the undue hardship appears to affect the property in the district generally, or if the situation of the property concerned appears to be so general or recurring in nature as to make reasonably practicable, the formulation of a general regulation to be adopted by the governing body as an ordinance. The concurring vote of four members of the Board shall be necessary to reverse any order, requirement, decision or determination made by a municipal official on any matter which was governed by any municipal zoning ordinance.
      (2)   The Board shall be responsible for making such reports and performing such other duties as the governing body may designate.
   (F)   (1)   No member of the governing body shall serve as a member of the Board of Adjustment.
      (2)   No member of the Board of Adjustment shall serve in the capacity of both Chairperson and Secretary of the Board.
(2005 Code, § 2-203)
§ 2-204  BOARD OF HEALTH.
   (A)   The governing body shall appoint a Board of Health which shall consist of five members. The members of the Board shall include: the Mayor, who shall serve as Chairperson; the Police Chief, who shall serve as Secretary and quarantine officer; a physician who shall serve as the medical advisor; the President of the City Council; and one other member. The members of the Board shall serve, without compensation, a one-year term of office, unless reappointed, and shall reorganize at the first meeting in January of each year. It shall be the duty of the Secretary to keep the full and correct minutes and records of all meetings and to file the same with the Municipal Clerk, where they shall be available for public inspection at any reasonable time.
   (B)   The Board of Health shall be funded by the governing body from time to time out of the General Fund.
   (C)   A majority of the Board shall constitute a quorum for the purpose of doing business. The Board shall meet at such times as the governing body may designate. Special meetings may be held upon the call of the Chairperson or any two members of the Board. It shall be the duty of the Board to enact rules and regulations which shall have the full force and effect of law, to safeguard the health of the residents of the municipality. Included in the duties of the Board shall be to enforce the said rules and regulations, and to provide fines and punishments for any violations thereof. It may regulate, suppress and prevent the occurrence of nuisances and shall actively enforce all laws of the state and ordinances of the municipality relating to matters of sanitation which affect the health and safety of the people. The Board shall regularly inspect such premises and businesses as the governing body may direct. All members of the Board shall be responsible for making such reports and performing such other duties as the governing body may, from time to time, designate.
   (D)   No member of the Board of Health shall hold more than one Board of Health position.
(2005 Code, § 2-204)
§ 2-205  BOARD OF PLUMBING EXAMINERS.
   (A)   The governing body shall appoint the Board of Plumbing Examiners. The Board shall consist of the Building Inspector and two licensed members of the plumbing profession. At the time of the Board’s first meeting in January of each year, the Board shall organize by selecting from the membership one person to serve as Chairperson. The Building Inspector shall serve as Secretary. It shall be the duty of the Secretary to keep the full and correct minutes and records of all meetings and to file the same with the Municipal Clerk, where they shall be available for public inspection at any reasonable time. The Building Inspector shall serve on the Plumbing Board without compensation. The members of the plumbing profession may be compensated with a salary in an amount to be determined by resolution of the governing body.
   (B)   The Board shall be funded from time to time by the governing body out of the General Fund.
   (C)   The Board shall meet only upon call by the Chairperson. A majority of the membership shall constitute a quorum for the purpose of doing business. It shall be the duty of the Board to adopt rules and regulations, not inconsistent with other municipal ordinances and state law, for the construction, alteration and inspection of plumbing and sewer connections and drains placed in, or in connection with, any and every building in the municipality. The Board shall have the power to amend or repeal its rules and regulations at any time. The Board shall have the authority to compel the owner or contractor of any building to first submit the plans for any plumbing that is to be installed for approval prior to such installation. Any person desiring to do any plumbing, or to work at the business of plumbing in the municipality shall make a written application to the Plumbing Board for an examination to test the applicant’s practical and theoretical knowledge of plumbing, house drainage, ventilation and sanitation. The Board may then cause the Chairperson and Secretary to execute and deliver to the applicant a license authorizing him or her to do plumbing in the municipality. Licenses so granted will be automatically renewable by the Plumbing Board; provided, the Board shall have the discretion to waive the examination if the Board is satisfied by other evidence that the applicant is competent to do plumbing. If it comes to the attention of the Board that the licensee may not be competent, or entitled to renewal, the Board shall have the power to compel the licensee to take an examination prior to renewal. Any license so granted may be revoked at any time by the Board for good and sufficient cause after a hearing before the Board; provided that, the licensing requirements of this section shall not apply to employees of the water utility acting within the scope of their employment. The Board shall be responsible for making such reports and performing such additional duties as the governing body may, from time to time, designate. All actions of the Board shall be subject to the review and supervision of the governing body. No member of the governing body shall serve as a member of the Plumbing Board. No member of the Plumbing Board shall serve in the capacity of both the Chairperson and Secretary of the Board.
(2005 Code, § 2-205)
§ 2-206  BOARD OF ELECTRICAL EXAMINERS.
   (A)   The governing body shall appoint the Board of Electrical Examiners. The Board shall consist of three members: the Building Inspector and two licensed electricians. At the time of the Board’s first meeting in January of each year, the Board shall organize by selecting from the membership one person to serve as Chairperson. The Building Inspector shall serve as Secretary. It shall be the duty of the Secretary to keep the full and correct minutes and records of all meetings and to file the same with the Municipal Clerk, where they shall be available for public inspection at any reasonable time. The Building Inspector shall serve on the Board of Electrical Examiners without compensation. The licensed electricians may be compensated with a salary in an amount to be determined by resolution of the governing body.
   (B)   The Board shall be funded from time to time by the governing body out of the General Fund.
   (C)   The Board shall meet at such times as the governing body may designate. Special meetings may be held upon the call of the Chairperson or any two members of the Board. A majority of the membership shall constitute a quorum for the purpose of doing business.
   (D)   It shall be the duty of the Board to adopt rules and regulations, not inconsistent with other municipal ordinances and state law, for the construction, alteration and inspection of electrical connections and wires placed in, or in connection with, any and every building in the municipality. The Board shall have the authority to compel the owner or contractor of any building to first submit the plans for any electrical work that is to be installed for approval prior to such installation. Any person desiring to do any electrical work, or to work at the business of an electrician in the municipality shall make a written application to the Electrical Board for an examination to test the applicant’s practical and theoretical knowledge of electrical wiring, fire prevention and appliance installation unless such person shall hold a valid state license, in which case he or she shall be allowed to practice his or her trade or skill without further licensing of any kind if electrical permits are taken out and inspections are made in accordance with requirements of the municipality. The Board may then cause the Chairperson and Secretary to execute and deliver to the applicant a license authorizing him or her to do electrical work in the municipality. Licenses so granted will be automatically renewable by the Electrical Board; provided, the Board shall have the discretion to waive the examination if the Board is satisfied by other evidence that the applicant is competent to do electrical work. If it comes to the attention of the Board that the licensee may not be competent or entitled to renewal, the Board shall have the power to compel the licensee to take an examination prior to renewal. Any license so granted may be removed at any time by the Board for good and sufficient cause after a hearing before the Board. The Board shall be responsible for making such reports and performing such additional duties as the governing body may, from time to time, designate. All actions of the Board shall be subject to the review and supervision of the governing body.
   (E)   No member of the governing body shall serve as a member of the Board of Electrical Examiners. No member of the Board of Electrical Examiners shall serve in the capacity of both the Chairperson and Secretary of the Board.
(2005 Code, § 2-206)
§ 2-207  HOUSING AUTHORITY BOARD.
   (A)   (1)   The chief elected official shall appoint at least five and not more than seven persons who shall constitute the Municipal Housing Authority. Such persons shall constitute the governing body of the local housing agency and will be called Commissioners. At least one Commissioner shall be appointed each year and each Commissioner shall serve a five-year term of office or until his or her successor is duly appointed; provided that all vacancies shall be filled for the unexpired terms. A certificate of the appointment or reappointment of any Commissioner shall be filed with the Municipal Clerk, approved by the local governing body and will serve as conclusive evidence of the proper appointment of such Commissioner. A Commissioner shall receive no compensation for his or her service, but shall be entitled to the necessary and travel expenses incurred in discharge of his or her duties. A majority of Commissioners shall constitute a quorum of the Authority for the purpose of conducting its business, exercising its powers and for all other purposes. Action may be taken by the Authority upon the vote of the majority of the Commissioners present unless in any case the by-laws of the Authority shall require a larger number. The Commissioners shall elect a Chairperson and Vice-Chairperson from among the Commissioners and shall have the power to employ an executive director who shall serve as ex officio Secretary of the Authority. The Authority may also employ legal counsel, or it may call upon the chief law officer of the municipality, for such services as it may require. It may employ technical experts and such other officers, agents and employees as it may require and shall determine their qualifications, duties, compensations and terms of office. The Authority may delegate such other powers and duties to its agents or employees as it may deem proper.
      (2)   During his or her tenure, and for one year thereafter, no commissioner, officer or employee of the Municipal Housing Authority shall voluntarily acquire any interest, direct or indirect, in any project or in any property included or planned to be included in any project, or in any contract or proposed contract relating to any housing project. If any such commissioner, officer or employee involuntarily acquires any such interest, or voluntarily or involuntarily acquired any such interest prior to appointment or employment as commissioner, officer or employee, he or she shall immediately disclose his or her interest in writing to the Authority, and such disclosure shall be entered upon the minutes of the Authority, and he or she shall not participate in any action by the Authority relating to the property or contract in which he or she has any such interest; provided, that nothing herein shall apply to the acquisition of any interest in notes or bonds of the Authority issued in connection with any housing project, or to the execution of agreements by banking institutions for deposit or handling of funds in connection with a project or to act as trustee under any trust indenture, or to utility services, the rates for which are fixed or controlled by a governmental agency.
   (B)   (1)   The Mayor may remove a Commissioner for neglect of duty or misconduct in office in the manner prescribed hereinafter. The Mayor shall send a notice of removal to such Commissioner which notice shall contain a statement containing the charges against him or her. Unless within ten days from the receipt of such notice, such Commissioner files with the Clerk a request for a hearing before the governing body, the Commissioner shall be deemed as removed from office.
      (2)   If a request for a hearing is filed with the Clerk, the governing body of the municipality shall hold a hearing at which the Commissioner shall have the right to appear in person or by counsel and the governing body shall determine whether the removal shall be disapproved or upheld. If the removal is disapproved, the Commissioner shall continue to hold his or her position.
   (C)   The Housing Authority shall keep an accurate account of all its activities and of all its receipts and disbursements and shall make a report to the governing body on all such information.
(2005 Code, § 2-207)  (Ord. 2416, passed 7-18-2018)
§ 2-208  AIRPORT AUTHORITY.
   (A)   There has been established an Airport Authority for the city.
   (B)   The Airport Authority shall operate, and have the power and authority, as provided in the Neb. RS 3-501 et seq.
(2005 Code, § 2-208)
§ 2-209  CIVIL SERVICE COMMISSION; PERSONNEL PLAN.
   There has been created a Civil Service Commission for the city as provided for by Neb. RS 19-1827, with the powers and duties as set forth in Neb. RS 19-1827 through 19-1823. Such Civil Service Commission shall function pursuant to the provisions of such state law applicable thereto and pursuant to the procedures, rules and regulations of the “City of Holdrege Personnel Plan”, applicable thereto. See Ch. 12 of this code of ordinances for complete civil service information.
(2005 Code, § 2-209)
§ 2-210  COMMUNITY REDEVELOPMENT AUTHORITY.
   (A)   Creation. There is hereby created the Community Redevelopment Authority of the city.
   (B)   Officers. The Mayor, with the approval of the governing body, shall appoint five persons who shall constitute the Authority. The members of the Authority shall serve a five-year term of office and shall serve without compensation. The Authority shall organize by electing one of its members Chairperson of the Authority and another of its members Vice-Chairperson. Four members of the Authority shall constitute a quorum for the transaction of business. The Authority shall adopt rules for the transaction of its business and shall keep a record of its resolutions, transactions, findings and determinations, which records shall be made available for public inspection during regular business hours.
   (C)   Director. The Authority shall have power to employ a Director who shall be ex officio Secretary of the Community Redevelopment Authority, and that person shall perform such duties as may be assigned by the Authority, including the necessary administrative functions described in the statutes, under which the Authority has been created.
   (D)   Funds. All income, revenue, profits and other funds received by the Authority shall be deposited with the City Treasurer as ex officio Treasurer of such Authority without commingling such money with any other money under his or her control and disbursed by him or her by check or draft only upon warrants, orders or requisitions by the Chairperson of such Authority or purpose for which the same are drawn. A permanent record shall be kept by the Authority of all warrants, orders or requisitions so drawn, showing the date, amount, consideration and to whom payable.
   (E)   Powers and duties. The Authority shall be vested with all the powers, duties and responsibilities set forth at Ch. 18, Art. 21, the Community Development Law, Neb. RS 18-2101 et seq.
(2005 Code, § 2-210)
§ 2-211  CITIZEN’S ADVISORY REVIEW COMMITTEE.
   (A)   There is hereby created a Citizens Advisory Review Committee. The Mayor shall appoint seven registered voters of the city to the Committee, subject to approval by the City Council. At least one member of the Committee shall have expertise or experience in the field of business finance or accounting. The Mayor shall appoint an ex officio member of the committee with responsibility for assisting the committee and providing it with necessary information and advice on the economic development plan. The County Development Corporation shall have the responsibility for the administration of the economic development program.
   (B)   No member of the Citizens Advisory Review Committee shall be an elected or appointed city official, an employee of the city, a participant in a decision-making position regarding the expenditure of program funds, or an official or employee of any qualifying business receiving financial assistance under the economic development program or of any financial institution participating directly in the economic development program. The term for each citizen shall be three years commencing on July 1 for each term, except that three members of the first Citizens Advisory Review Committee shall serve for a term of one year and three members of the first Citizens Advisory Review Committee shall serve a term of two years. All citizen members shall hold office until their successors are appointed. All citizen members’ vacancies occurring otherwise than through the expiration of their term shall be filled for the unexpired portion of their term by the Mayor, by and with the approval and majority vote of the City Council.
   (C)   The members of the Citizens Advisory Review Committee shall serve without compensation. The Committee shall organize at its first meeting and elect from its membership a Chairperson and Secretary. It shall be the duty of the Secretary to keep complete and accurate minutes of all meetings, showing the vote of each member upon each question, or, if absent or failed to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be public record. A majority of the Committee shall constitute a quorum for purpose of doing business and the Committee shall adopt rules in accordance with the direction of the governing body.
   (D)   The Citizens Advisory Review Committee shall conduct regular meetings to review the functioning and progress of the economic development program and to advise the governing body of the city with regard to the program. At least once in every six-month period after the effective date of this section, the Committee shall report to the governing body on its findings and provide suggestions at a public hearing called for that purpose.
   (E)   The members of the Citizens Advisory Review Committee, in their capacity as members and consistent with their responsibilities as members, may be permitted access to business information received by the city in the course of its administration of the economic development program, which information would otherwise be confidential:
      (1)   Neb. RS 84-712.05, as amended;
      (2)   By agreement with a qualifying business participating in the economic development program; or
      (3)   Under any ordinance of the city providing access to such records to members of the Committee and guaranteeing the confidentiality of the business information received by reason of its administration of the economic development program.
(Ord. 2224, passed 4-2-2002)
ARTICLE 3: PENAL PROVISION
Section
   2-301   Violation; penalty
§ 2-301  VIOLATION; PENALTY.
   Any person who violates any of the prohibitions or provisions of any article or section of this chapter shall be deemed guilty of a misdemeanor. Unless otherwise specified in the particular article or section for which the person stands convicted of violating, the penalty for such violation shall be in any amount not to exceed $300 in the discretion of the court.
(2005 Code, § 2-301)