CHAPTER 1: ADMINISTRATIVE
   Article
      1.   GENERAL PROVISIONS
      2.   ELECTED OFFICIALS
      3.   APPOINTED OFFICIALS
      4.   BONDS AND OATH
      5.   CORPORATE SEAL
      6.   MEETINGS
      7.   ORDINANCES
      8.   ELECTIONS
      9.   FISCAL MANAGEMENT
      10.   EMINENT DOMAIN
      11.   COMPENSATION
      12.   PENAL PROVISION
ARTICLE 1: GENERAL PROVISIONS
Section
   1-101   Corporate existence
   1-102   Service of process
   1-103   Powers
   1-104   Codification of ordinances
§ 1-101  CORPORATE EXISTENCE.
   The city is hereby found and declared to be a city of more than 5,000 persons. The municipality shall be governed by the laws of the state regulating cities of the first class.
(2005 Code, § 1-101)
§ 1-102  SERVICE OF PROCESS.
   All processes affecting the municipality shall be served upon the Mayor or Acting Mayor or, in the absence of both officials, upon the Municipal Clerk.
(2005 Code, § 1-102)
§ 1-103  POWERS.
   The municipality is a body corporate and politic. It shall have the power to sue and be sued; to purchase, lease and lease with option to buy; to acquire property by gift or devise; to hold real and personal property within or without the limits of the municipality and real estate sold to satisfy unpaid tax obligations for the use of the municipality in such manner and upon such terms and conditions as may be deemed in the best interests of the municipality; to sell, exchange or lease any personal or real property owned by the municipality, including park land, in such manner and upon such terms and conditions as may be deemed in the best interests of the municipality; provided that, real estate owned by the municipality may be conveyed without consideration to the state or to the state’s Armory Board for state armory sites or, if acquired for state armory sites, shall be conveyed in the manner strictly as provided in Neb. RS 18-1001 through 18-1006; to make all contracts and do all other acts in relation to the concerns of the municipality as may be necessary in the exercise of its corporate powers; and to exercise such other and further powers as may be conferred by law.
(2005 Code, § 1-103)
§ 1-104  CODIFICATION OF ORDINANCES.
   The municipality shall have the power to revise the ordinances of the municipality from time to time and publish the same in book form. The revision shall be evidenced by a general codification ordinance, which shall repeal all other ordinances in conflict and embrace as the governing law of the municipality all provisions therein. All ordinances in force at the time of the codification shall continue in force for the purpose of all rights acquired, fines, penalties, forfeitures and liabilities incurred.
(2005 Code, § 1-104)
ARTICLE 2: ELECTED OFFICIALS
Section
   1-201   Qualifications
   1-202   Vacancies
   1-203   Enumerated
   1-204   Mayor
   1-205   Qualifications and prohibitions
   1-206   City Council; Acting President; selection and duties; organization
§ 1-201  QUALIFICATIONS.
   All elected officers shall be qualified electors of the municipality.
(2005 Code, § 1-201)
§ 1-202  VACANCIES.
   (A)   Whenever a vacancy occurs in an elected office of the municipality, except Mayor, notice of said vacancy shall be presented in writing to the City Council at a regular meeting and said notice shall appear as a part of the minutes of such meeting.
   (B)   The City Council shall, at once, give public notice of the vacancy by causing to be published in a newspaper of general circulation within the municipality or by posting in three public places in the municipality the office vacated and the length of the unexpired term.
   (C)   The Mayor shall, within two weeks after the regular meeting at which such notice has been presented or upon the death of the incumbent, call a special meeting of the City Council, at which time the Mayor shall submit the name of a qualified elector to fill the vacancy for the balance of the unexpired term. Upon a majority vote of approval by the City Council, the vacancy shall be filled. If a majority vote is not reached, the nomination shall be rejected and the Mayor shall at the next regular meeting submit the name of another qualified elector. If the vote on the nominee fails to carry by majority vote, the Mayor shall continue at such meeting to submit the names of qualified electors and the City Council shall continue to vote upon such nominations until the vacancy is filled.
   (D)   All City Council members shall cast a ballot for or against each nominee. The Mayor shall cast his or her vote only in case of a tie vote of the City Council.
   (E)   When there is a vacancy in the office of the Mayor, the President of the Council shall serve as Mayor for the unexpired term; except that, if a least one-half of the previous Mayor’s term remains and a general election is to be held more than 60 days from the date of vacancy, a successor shall be elected at the next general election for the balance of the previous Mayor’s unexpired term.
(2005 Code, § 1-202)
§ 1-203  ENUMERATED.
   The electors of the municipality shall elect a Mayor at large and two City Council members from each ward. Council members shall be electors of the municipality and residents of the ward from which they were elected. Terms of all elected officials shall commence on the first regular meeting in December of each election year.
(2005 Code, § 1-203)
§ 1-204  MAYOR.
   (A)   The Mayor shall be elected to serve a four-year term of office.
   (B)   The Mayor shall preside at all the meetings of the City Council and may vote when his or her vote shall be decisive and the City Council is equally divided 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 the superintending control of all the officers and affairs of the municipality and shall take care that the state and municipal law are complied with. He or she may administer oaths and shall sign the commissions and appointments of all the officers appointed in the municipality. The Mayor shall have the power to approve or veto any ordinance passed by the City Council, and to approve or veto any order, by-law, resolution, award of or veto to enter into any contract or the allowance of any claim; provided that, any ordinance, order, by-law, resolution, award 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 all the members elected to the City Council. If the Mayor neglects or refuses to sign any ordinance, order, by-law, resolution, award or vote to enter into any contract, or the allowance of any claim, and returns the same with his or her objection in writing at the next regular meeting of the Council, the same shall become law without his or her signature. The Mayor may veto any item or items of any appropriation bill and approve the remainder thereof. The item or items so vetoed may be passed by the Council over his or her veto as in other cases. The Mayor shall communicate to the Council such information and recommend such measures as, in his or her opinion, may tend to improve the municipality, and may have such jurisdiction as may be vested in him or her by ordinance over all places within two miles of the corporate limits of the municipality for the enforcement of health or quarantine laws and the regulation thereof. The Mayor shall have the power, after the conviction of any person, to remit fines and forfeitures and to grant reprieves and pardons for all offenses arising under the laws of the municipality.
   (C)   In the event that there is a vacancy in the office of Mayor or, in the event the Mayor is absent or unable to fulfill the duties and obligations of his or her office, the President of the Council shall exercise the powers and duties of the office until the vacancy shall be filled, such disability is removed or, in the case of temporary absence, until the Mayor returns.
(2005 Code, § 1-204)
§ 1-205  QUALIFICATIONS AND PROHIBITIONS.
   Elected officials shall be residents and qualified electors of the city. Except as an officer of a public power district, public power and irrigation district or public utility company, elected officials shall hold no other elective municipal office, any county office, nor any other office or employment of the municipality. The acceptance of any county office by any elected municipal official shall be a vacation of the municipal office so held prior to such acceptance. Further, except as provided in § 1-305 of this chapter, such elected officials shall not be interested in the profits or emoluments of any contract, job, work or service for the city.
(2005 Code, § 1-205)
§ 1-206  CITY COUNCIL; ACTING PRESIDENT; SELECTION AND DUTIES; ORGANIZATION.
   (A)   The City Council shall elect one of its own body each year who shall be styled the President of the Council, and who shall preside at all meetings of the City Council in the absence of the Mayor. In the absence of the Mayor, and the President of the Council, the City Council shall elect one of its own body to occupy his or her place temporarily, who shall be styled Acting President of the Council. Both the President of the Council and the Acting President of the Council, when occupying the position of the Mayor, shall have the same privileges as the other members of the City Council, and all acts of the President of the Council, or Acting President of the Council, while so acting, shall be as binding upon the City Council, and upon the municipality as if done by the elected Mayor.
(2005 Code, § 1-206)
   (B)   The members of the City Council shall be elected and serve for a four-year term. One Council member from each ward shall be elected at each election, so that terms are staggered. The City Council shall be the legislative division of the municipal government and shall perform such duties, and have such powers, as may be authorized by law. The City Council shall maintain the peace, regulate business, protect the public health and safety, assess such taxes and fees as are necessary and appropriate funds in the exercise of these functions.
(2005 Code, § 1-207)
   (C)   City Council members of the municipality shall take office and commence their duties on the first regular meeting date in December following their elections. The newly elected Council members who have qualified as prescribed by law together with the members of the City Council holding over, shall assemble in a regular meeting at the hour and place hereinafter, prescribed and perfect the reorganization of the City Council as herein provided, and all appointive offices in which the terms of incumbents are expired shall be filled by appointment. After the said meeting has been called to order, the Municipal Clerk shall report to the City Council the names of all City Council members-elect who have qualified for their respective offices, and this report shall be spread upon the minutes of the meeting preceding the roll call. Each ward of the municipality shall be represented by two Council members. No person shall be eligible who is not, at the time of his or her election, an actual resident of the ward for which he or she is qualified and should any City Council member move from the ward from which he or she was elected, his or her office shall thereby become vacant.
(2005 Code, § 1-208)
ARTICLE 3: APPOINTED OFFICIALS
Section
   1-301   Enumerated
   1-302   Vacancy
   1-303   Term of office
   1-304   Creation of office
   1-305   Duties prescribed
   1-306   Reports
   1-307   Delegation of power
   1-308   Merger of offices
   1-309   City Administrator
   1-310   City Attorney
   1-311   City Treasurer; books
   1-312   City Clerk
   1-313   City Engineer
   1-314   Special Engineer
   1-315   City Physician
   1-316   Chief of Police
   1-317   Building Inspector
   1-318   Superintendent of Utilities
   1-319   Fire Chief
   1-320   Municipal Services Director
§ 1-301  ENUMERATED.
   (A)   The Mayor may, by and with the advice and consent of a three-fourths majority of the City Council, appoint an Administrator, Treasurer, Clerk, Engineer, Attorney, Physician, Municipal Services Director, Superintendent of Utilities, Building Inspector, Chief of the Fire Department (confirmation only), Chief of Police and such regular police as the governing body shall see fit.
   (B)   All appointed officers may be removed at any time by the Mayor with the approval of three- fourths of the Council.
   (C)   All confirmations of appointments to such offices by the Council shall be made viva voce and the concurrence of a majority shall be required.
   (D)   The vote by “yeas” and “nays” shall be recorded.
(2005 Code, § 1-301)
§ 1-302  VACANCY.
   Whenever any vacancy shall occur in an appointive office for any reason, including removal of the said official for not attending a meeting the official was required to attend or an absence from the municipality for a prolonged period of time, either of which being without the Mayor’s consent, the Mayor shall fill the office in the manner prescribed for the appointment of new appointed officials for the unexpired term.
(2005 Code, § 1-302)
§ 1-303  TERM OF OFFICE.
   All officers appointed by the Mayor and confirmed by the Council shall hold the office to which they may be appointed until the end of the Mayor’s term of office and until their successors are appointed and qualified, unless sooner removed, or the ordinance creating the office shall be repealed.
(2005 Code, § 1-303)
§ 1-304  CREATION OF OFFICE.
   The governing body may create any office that it may deem necessary for the good government and interest of the municipality.
(2005 Code, § 1-304)
§ 1-305  DUTIES PRESCRIBED.
   The governing body may regulate and prescribe by ordinance the powers, duties and compensation of the officers of the municipality not specifically delineated by state law. The governing body may classify the several offices and positions of trust or employment in the public service on the basis of merit through such agency as the governing body shall provide for that purpose.
(2005 Code, § 1-305)
§ 1-306  REPORTS.
   The governing body may require from any office of the municipality at any time a report in detail of the transactions of his or her office or of any matters connected therewith.
(2005 Code, § 1-306)
§ 1-307  DELEGATION OF POWER.
   Any power conferred upon an appointed official by the governing body or by statute may be delegated by such official. Any action taken by a designee under such delegation shall have the same force and effect as if it had been performed by the delegating appointed official.
(2005 Code, § 1-307)
§ 1-308  MERGER OF OFFICES.
   The governing body may, by ordinance, combine elective and appointive offices, except Mayor and Council members, where permitted by law, so that one or more offices may be held by the same officer at the same time; provided that, the offices shall always be construed to be separate and the effect of the merger shall be limited to combination of official duties only; and, provided further, the salary of the officer holding the merged offices shall not be in excess of the maximum amount provided by law for the salary of the offices so combined.
(2005 Code, § 1-308)
§ 1-309  CITY ADMINISTRATOR.
   (A)   There is hereby established the office of City Administrator. The City Administrator shall serve at the pleasure of the Mayor and City Council. He or she shall be liable in his or her official bond as may be fixed from time to time by resolution of the Council for the faithful performance of his or her duties. He or she shall receive such salary, payable in equal biweekly installments out of the General Fund, as may be fixed by resolution of the City Council. He or she shall be appointed by the Mayor with concurrence of a majority of members elected to the Council. He or she may be removed by the Mayor with the same concurring Council majority, or he or she may be removed by a three-fourths majority of the members elected to the Council without the Mayor’s concurrence.
   (B)   The duties of the City Administrator shall be as are provided in this code. He or she may be ex officio Municipal Clerk and Utilities Bookkeeper and Collector. He or she shall be the senior appointed official of the city and his or her general responsibilities shall include planning, organizing and controlling all activities in all departments of the city and the city’s utility system on behalf and under the general supervision of the Mayor and Council. He or she shall provide administrative support to the Mayor and Council and administrative supervision to all departments of the city. He or she shall coordinate and supervise all city interdepartmental activities. Although he or she may delegate duties therein to supporting staff, the City Administrator is specifically responsible to the Mayor and Council for the following activities.
      (1)   He or she shall assure proper implementation of the ordinances, resolutions and actions passed and approved by the Mayor and Council.
      (2)   He or she shall assure proper implementation, administration and interpretation of the city’s personnel plan as established by the Mayor and Council.
      (3)   He or she shall review the employee evaluations of performance as submitted by department supervisors and attach his or her concurring or dissenting endorsement.
      (4)   He or she shall prepare evaluations of performance for the various department supervisors for review and endorsement by the Mayor and Council.
      (5)   He or she shall assure that proper procedures are followed in the recruitment, hiring, assignment, promotion, disciplining and discharging of the city and utility system personnel.
      (6)   He or she shall assure proper management of personnel records.
      (7)   He or she shall assure proper administration of purchasing policies as established by the Mayor and Council.
      (8)   He or she shall assure proper preparation of specifications and bid solicitations for the purchase of special equipment by the city and utility system.
      (9)   He or she shall authorize and execute the city’s purchase orders as the municipal purchasing agent.
      (10)   He or she shall assure proper accounting for the receiving of goods ordered, invoices received and payment thereof.
      (11)   He or she shall assure proper management of purchasing records.
      (12)   He or she shall authorize and approve all news releases, advertisements and promotional campaigns on behalf and with the concurrence of the Mayor and Council.
      (13)   He or she shall coordinate staff activities with other municipal, county, state or federal offices, departments and agencies in multi-governmental cooperative efforts or for legal or regulatory compliance.
      (14)   He or she shall, to the extent possible, assure that staff cooperation and assistance is provided to individuals and organizations in the community in the promotion and perpetuation of an acceptable standard of living in the community.
      (15)   He or she shall assure the proper staff processing of all complaints.
      (16)   He or she shall act as administrative liaison and provide administrative support in the foregoing areas as requested by:
         (a)   The city’s Airport Authority;
         (b)   The city’s Housing Authority;
         (c)   The city’s Public Library;
         (d)   The city’s Planning Commission; and
         (e)   The Board of Adjustment.
      (17)   He or she shall perform such special duties as may be assigned to him or her from time to time by the Mayor and Council.
(2005 Code, § 1-309)
§ 1-310  CITY ATTORNEY.
   The City Attorney shall be the legal advisor of the Council and city officers. The City Attorney shall be subject to the orders of the governing body by resolution and shall be under the immediate supervision of the City Administrator. The City Attorney 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. He or she shall attend meetings of the Council and give it his or her opinion upon any matter submitted to him or her, either orally or in writing as may be required. He or she shall draw all ordinances, contracts and other documents requested by the Mayor and Council. The Mayor and City Council shall have the right to pay the City Attorney additional compensation for legal services performed by him or her for the city or to employ additional legal assistance and to pay for such legal assistance out of the funds of the city.
(2005 Code, § 1-310)
§ 1-311  CITY TREASURER; BOOKS.
   (A)   The City Treasurer shall be subject to the orders of the governing body by resolution and shall be under the immediate supervision of the City Administrator. The person serving as City Treasurer shall have the following powers and duties.
      (1)   He or she shall be custodian of all money belonging to the city; and he or she shall keep a separate account of every fund or appropriation and the debits and credits belonging to the city.
      (2)   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, and also file copies of such receipts with his or her monthly reports made to the Mayor and City Council.
      (3)   He or she shall, as often as may be required, render an account to the City Council showing, under oath, the condition of the various accounts of the treasury at the time and the balance of money in the treasury. He or she shall accompany such reports with a statement of all receipts and disbursements together with all warrants paid by him or her, which warrants with any vouchers held by him or her shall be filed with his or her accounts in the Clerk’s office. He or she shall produce and show all funds shown by such report to be on hand, or notify the Council or its committee that he or she has such funds in his or her custody or his or her control.
      (4)   He or she shall produce and keep a warrant register, which shall show in columns arranged for that purpose the number, 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 same is registered, the date of payment, the amount of interest in the total amount paid thereon, with the date when the notice to such person is whose name such warrant is registered is mailed.
      (5)   It shall be the duty of the City Treasurer upon presentation of any warrant for payment, in the presence of such person to enter such warrant in his or her warrant register for payment in order of its presentation and, upon every warrant as presented and registered, he or she shall endorse, “Registered for Payment”, with the date of such registration and registered number; and he or she shall sign such endorsement, whereupon such warrant shall be legal under that statutes of the state and the date of registration until notice of payment shall be given to the holder thereof as provided by law.
      (6)   He or she shall publish or cause to be published in some legal newspaper of the city and of general circulation on or before March 1 of each year, a report of the doings of his or her office, which report shall show in detail receipts, disbursements, warrants outstanding and balance of debit or credit as the case may be, the expenses of such publication to be paid out of the General Fund of the city.
      (7)   The Treasurer may employ and appoint a delinquent tax collector, who shall be allowed a percent upon his or her collections to be fixed by the Council not to exceed the fees allowed by law to the County Treasurer for like services, and upon taxes collected by such delinquent tax collector, the City Treasurer shall receive no fees.
      (8)   The City Treasurer shall prepare all paving and curbing tax lists and shall collect all paving and curbing taxes.
      (9)   He or she shall act as bookkeeper and collector for the systems of sewerage, of electric light and water and any other public service owned and operated by the city.
         (a)   He or she shall keep a full and correct account with each consumer of city service of the city, and shall issue duplicate receipts for all money collected from each consumer, one of which shall be given to the person from whom the money is collected and the other shall be retained by the Treasurer in his or her office. The books and papers kept by such officer with respect to the water and light systems and of any other public service of the city shall, at all times, be open to the inspection of the Mayor and City Council.
         (b)   He or she shall make to the Mayor and City Council at each regular monthly meeting a detailed report of the names of all consumers of light and water and other service who are on the delinquent list and whose service has been disconnected or is subject to be disconnected for non-payment of rents and charges.
         (c)   He or she shall collect all money receivable by the city on account of such public utilities and shall faithfully account therefor.
         (d)   He or she shall give bond in such sum as the Mayor and City Council shall, by resolution, from time to time fix and shall perform such other duties as may be ordered or directed from time to time by the Mayor and City Council.
      (10)   If he or she shall neglect or fail for the space of ten days from the end of each month to render his or her account, his or her office shall be declared vacant and the City Council shall fill such vacancy by appointment until the next city election.
(2005 Code, § 1-311)
   (B)   The Treasurer shall daily, as moneys are received, foot the several columns of his or her cashbook and of his or her 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 such register and shall carry forward the excess. Any Treasurer who shall fail regularly to enter upon his or her cashbook the amounts so received and receipted for, or who shall fail to keep his or her cashbook footed from day to day, for the space of three days, shall forfeit for each offense the sum of $100, to be recovered in a civil action on his or her official bond by any person holding a warrant drawn on such Treasurer, one-half to the person bringing such action and one-half to the School Fund of the county. The cashbook, 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.
(2005 Code, § 1-312)
§ 1-312  CITY CLERK.
   (A)   The City Clerk shall be subject to the orders of the governing body by resolution and shall be under the immediate supervision of the City Administrator.
   (B)   The person serving as City Clerk shall have the following duties and powers.
      (1)   He or she shall attend every meeting of the City Council and keep a record of the proceedings thereof.
      (2)   Whenever required by the Mayor or requested by four members of the City Council, he or she shall issue to the Chief of Police a notice to be delivered to the members of the City Council of any special meeting thereof and shall notify any city officers and committees of the Council of the business entrusted to them.
      (3)   He or she shall keep and carefully preserve all papers and books which may come into his or her possession as Clerk, filing and arranging them in a manner convenient for reference.
      (4)   He or she shall keep a record of all bonds outstanding against the city, showing the number and amount of each, and to whom such bonds were issued, and when any bonds are purchased, paid or canceled, such records shall show the fact. In his or her annual report, he or she shall describe particularly the bonds issued and sold during the past year and the terms of the sale with each item of expense thereof.
      (5)   He or she shall make, at the end of each month, a report showing the amount appropriated to each fund and the whole amount of warrants drawn thereon.
      (6)   He or she shall keep the seal of the city and shall duly attest thereby the Mayor’s signature to all ordinances and all deeds and papers required to be attested, when ordered by the Mayor and City Council, and all orders for money or warrants for the payment of money and shall enter the same in numerical order in a book to be kept for that purpose.
      (7)   He or she shall keep a register of all licenses granted in the city for the purpose for which they were issued, and report to the City Council at every meeting and, at the beginning of each month, shall, if required by the Police Department, furnish them a true copy of the register of all licenses then in force.
      (8)   Within 30 days after any meeting of the City Council, he or she shall prepare and publish the proceedings of the City Council in a legal newspaper published and of general circulation in the county; provided that, the charge for such publication shall not exceed one-third of the legal rate. Such publication charge shall be paid and allowed as other claims against the General Fund.
      (9)   He or she shall, in January of each year, and at such other times when request shall be made, receive applications for licenses to sell cigars, tobacco, cigarettes and cigarette materials.
      (10)   He or she shall keep and preserve the proceedings for the Mayor and City Council in four separate and distinct record books as follows:
         (a)   “Minute Record”, wherein shall be recorded the miscellaneous and informal doings of the Mayor and City Council;
         (b)   “Ordinance Record”, wherein shall be recorded the formal proceedings of the Mayor and City Council in the matter of passing, approving, publishing or posting and certifying to ordinances. Such ordinance minutes shall be recorded and spread at large in the “Ordinance Record” book or printed forms. In all cases where single ordinances are introduced for the consideration for the Mayor and City Council, the City Clerk shall cause to be introduced by the introducer of such ordinance an appropriate resolution incorporating by reference and “Ordinance Record” into the “Minute Record”. The “Minute Record” shall hereafter contain no proceeding relative to the passage and approval of ordinances, save and except such resolution aforesaid;
         (c)   “Resolution Record”, containing all resolutions passed by the Mayor and City Council; and
         (d)   “Policy Record” of policies adopted by the Mayor and City Council.
(2005 Code, § 1-313)
§ 1-313  CITY ENGINEER.
   The City Engineer shall be subject to the orders of the governing body by resolution and shall be under the immediate supervision of the City Administrator. The City Engineer shall, when requested by the governing body, make estimates of the cost of labor and material which may be done or furnished by contract with the municipality, 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, gutters, the improvement of streets and the erection and repair of buildings. He or she shall perform such additional duties as the governing body may require. It shall be his or her duty to make a record of the minutes of his or her surveys and of all work done for the municipality and 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 municipality.
(2005 Code, § 1-314)
§ 1-314  SPECIAL ENGINEER.
   The governing body may, whenever it deems it expedient, employ a Special Engineer to make or assist in making any particular estimate or survey. Any such estimate or survey shall have the same validity and serve in all respects as though the same had been made by the City Engineer.
(2005 Code, § 1-315)
§ 1-315  CITY PHYSICIAN.
   The City Physician shall be subject to the orders of the governing body by resolution and shall be under the immediate supervision of the City Administrator. The City Physician shall be a physician who resides permanently in the city. He or she shall be a member of the Board of Health of the city and shall be its medical adviser. When requested by the Mayor or City Attorney, he or she shall investigate all cases of injury to persons in which liability against the city may be asserted and make a written report thereof, including the circumstances causing the injury and the nature and extent of the injury. He or she shall perform such other duties of a medical and healthful nature as shall be assigned to him or her from time to time by the Mayor and Council. The City Physician shall receive as compensation for his or her services an amount set by ordinance of the City Council.
(2005 Code, § 1-316)
§ 1-316  CHIEF OF POLICE.
   The Chief of Police shall be subject to the orders of the governing body by resolution and shall be under the immediate supervision of the City Administrator. The Chief of Police shall have the immediate superintendence of the police. He or she and the police officers shall have the power, and it shall be their duty, to arrest all offenders against the laws of the state or of the city, by day or by night, in the same manner as a sheriff or constable, and keep them in the city prison or other place to prevent their escape, until a trial or examination may be had before the proper officer; and they shall have the same power as a sheriff and constable in relation to all criminal matters arising out of a violation of a municipal law and all process issued by the County Court in connection with a violation of a municipal law. They shall arrest and detain any person found violating any law of the state or any law of the city, until a legal warrant can be obtained. Each member of the city’s Police Department shall have the duties of becoming well informed as to the laws of the state and laws of the city, of enforcing such laws, of wearing at all times the badge, uniform and insignia furnished by the city for the police and of properly caring for same, and such further duties as shall be assigned to them by the Mayor and Council and as are otherwise provided by law. The Chief of Police shall have custody of all municipal property used by the city police; shall execute the orders of the Mayor; shall be a member of the Board of Health and the Secretary and quarantine officer thereof; shall have charge of traffic control on the city streets; shall make and file or cause to be made and filed complaints for violations of the ordinances of the city; shall have charge of the city jail and the prisoners therein; and shall perform such other duties as are assigned to or required of him or her by the Mayor and Council or otherwise provided by law.
(2005 Code, § 1-317)
§ 1-317  BUILDING INSPECTOR.
   The Building Inspector shall be subject to the orders of the governing body by resolution and under the immediate supervision of the city’s Services Director. The Building Inspector is hereby authorized and directed to enforce all the provisions of the municipal code pertaining to building construction and repair. For such purpose, he or she shall have the powers of the municipal police. In accordance with his or her duties, and upon presentation of proper credentials, the Building Inspector, or his or her duly authorized representative, may enter, at all reasonable times, any building, structure or premises to perform any duty imposed upon him or her by any Building Code, Electrical Code, Plumbing Code or Gas Code duly adopted by reference in the municipal code, or any provision of the municipal code. Whenever any building or construction work is being done contrary to the provisions of said codes, it shall be the duty of the Building Inspector to order the work stopped by notice in writing served on any persons engaged in doing or causing the work to be done. Any such person shall immediately stop, or cause to be stopped, said work until authorization is received from the Building Inspector to continue the work. When any structure is in a dangerous condition or the building is being used contrary to the provisions of the laws of the municipality, the Building Inspector may order such use discontinued or the structure, or portion thereof in violation vacated. The Building Inspector, acting in good faith and without malice in the discharge of his or her duties, shall not thereby render himself or herself personally liable and is hereby relieved from all personal liability for any damage that may accrue to persons or property as the result of any act or omission in the discharge of his or her duties. Any suit brought against the Building Inspector, because of an alleged act or omission performed by him or her in the enforcement of any provision of the municipal codes relating to buildings or building construction shall be defended by the Legal Department of the municipality until final termination of the proceedings. The Building Inspector may request, and shall receive so far as may be necessary in the discharge of his or her duties, the assistance and cooperation of other officials of the municipality. The Inspector shall have such additional duties and make such reports as the governing body may prescribe from time to time.
(2005 Code, § 1-318)
§ 1-318  SUPERINTENDENT OF UTILITIES.
   (A)   There is hereby established the office of Superintendent of Utilities.
   (B)   The Superintendent of Utilities shall serve during the pleasure of the Mayor and City Council. The Utilities Superintendent shall be subject to the orders of the governing body by resolution and shall be under the immediate supervision of the City Administrator. He or she shall be liable on his or her official bond as fixed in this chapter for the faithful performance of his or her duties. He or she shall receive such salary, payable in equal semimonthly installments out of the Light Fund Maintenance, as may be fixed by resolution of the City Council, and he or she may be removed at any time by a three-fourths vote of the members of the City Council.
   (C)   The duties of the Superintendent of Utilities shall be such as are provided in this code. He or she may be ex officio City Engineer, Light Commissioner, Water Commissioner, Sewer Commissioner, Plumbing Inspector and Electrical Inspector.
   (D)   The Superintendent of Utilities shall have charge of the utilities provided for in this code.
   (E)   He or she shall have supervision over the operators of all utilities provided for in this code, their assistants and employees, who shall obey his or her orders.
   (F)   In the exercise of those functions, the Superintendent of Utilities shall have the following powers and duties.
      (1)   He or she shall turn over to the City Treasurer forthwith all money coming into his or her hands by virtue of his or her office and shall take the City Treasurer’s receipt in duplicate therefor, one of which shall be filed in the records of the office of the Superintendent of Utilities.
      (2)   He or she shall cause to be read all meters as provided in Ch. 3 of this code of ordinances.
      (3)   He or she shall have authority to purchase material, employ labor and otherwise make any expenditures and create such obligations as are necessary and incidental to the efficient operation of the water, sewer and lighting system subject to the approval of the Mayor and City Council, except as to such repairs as are necessary in cases of emergency, when such approval shall not be required.
      (4)   The account of each patron of the water and lighting system shall be separately kept by the City Treasurer and all money paid on account in connection with the operation of the light system shall be receipted for by the employee or officer receiving such payment and a duplicate of such receipt shall be kept on file in the office of the Superintendent of Utilities.
      (5)   Upon request therefor, he or she shall deliver to the Mayor and City Council the books of his or her office containing original entries and all other books for the inspection of such body.
      (6)   He or she shall, at the last regular meeting of the Mayor and City Council in April of each year, submit an estimate of the whole cost of providing for and maintaining the Light, Water and Sewer Department for the next municipal year. Such estimate shall be in detail and shall contain a list of the kind and amount of supplies that will probably be needed for the ensuing year.
      (7)   He or she shall perform such other duties as the Mayor and City Council may, from time to time by resolution, prescribe.
(2005 Code, § 1-319)
§ 1-319  FIRE CHIEF.
   The members of the Fire Department shall, at the time of each annual meeting of the Department, recommend some person for the office of Chief of the Fire Department, who, upon being confirmed by the Mayor and Council, shall hold office until his or her successor shall be appointed and qualified. The Chief of the Fire Department shall be subject to removal by the Mayor at any time. The Chief of the Fire Department shall be subject to the orders of the governing body by resolution and shall be under the immediate supervision of the City Administrator. The Fire Chief shall, on or before the last Tuesday in April of each year, furnish or cause the Secretary to furnish the Municipal Clerk a copy of the roster of the members of the Fire Department in good standing and from month to month thereafter, he or she shall report any proposed additions or changes in the roster for proper action by the Council so that all members of the Fire Department shall be at all times covered by insurance or by such other lawful protections and benefits as may be provided under state or municipal law. The Chief of the Fire Department shall have under his or her control the property, implements and apparatus used by the Fire Department subject to the general and specific directives of the governing body. He or she shall use all proper means for the extinguishment of fires, the protection of property, the preservation of order and the enforcement of all laws relating to fires and fire protection which governs the municipality. During the time of fire or great public danger, he or she shall have and exercise the powers and duties of the Chief of Police. Upon the written consent and directive of the governing body, the Fire Chief shall cause the repair, improvement or maintenance of the property of the Fire Department and shall personally supervise and approve of the same. No obligation, except in an emergency or when the expenditure is of a minor nature, shall be incurred on behalf of the Fire Department by the Fire Chief unless the obligation was previously authorized in writing by the governing body.
(2005 Code, § 1-320)
§ 1-320  MUNICIPAL SERVICES DIRECTOR.
   (A)   There is hereby created the office of Municipal Services Director. The Municipal Services Director shall be subject to the orders of the governing body by resolution and shall be under the immediate supervision of the City Administrator.
   (B)   Such official shall report to the City Administrator and shall have the following duties and responsibilities:
      (1)   Provide administrative and operational supervision to the positions of Foreperson-Streets and Sanitation and Foreperson-Parks and Recreation, and assign the day to day duties of said positions and report any deficiencies thereof;
      (2)   Provide direct supervision to the building maintenance and building system operation employees assigned to the Municipal Building and the City Auditorium;
      (3)   Gather the necessary information and assist in the preparation of the annual budgets for the departments assigned to him or her;
      (4)   Provide supervisory control over expenditures within the departments assigned to him or her assuring that said expenditures are approved in the current annual budget and assuring approval and reporting of non-budgeted purchases requested;
      (5)   Act as Zoning Administrator and Planning Coordinator for the city providing administrative liaison between the Council and the Planning Commission and the Board of Adjustment;
      (6)   Act as or supervise the activities of the Municipal Building Inspector, as described in § 1-319 of this article in the enforcement of all building and housing regulations of the municipality; and
      (7)   Perform such special duties as may be assigned to him or her from time to time by the Administrator or Mayor.
(2005 Code, § 1-321)
ARTICLE 4: BONDS AND OATH
Section
   1-401   Bond; official bonds; required
   1-402   Oath; municipal officials
   1-403   Officials; property; conflict of interest; charges against
§ 1-401  BOND; OFFICIAL BONDS; REQUIRED.
   (A)   The following officers shall each give bond for their respective offices, with good and sufficient personal sureties, or a surety bond to be approved by the Mayor and City Council, in sums as follows or the statutory requirement if higher:
      (1)   City Treasurer and City Clerk: $75,000. The Mayor and City Council, by resolution if they deem it advisable, may require the Treasurer to give additional bond equal to or double the amount of money passing through his or her hands;
      (2)   Superintendent of Utilities: $5,000; and
      (3)   Chief of Police, night watch and other regular police officers: $1,000. The Mayor and City Council may require a bond from any other officer conditioned in such sum as they may, by resolution, designate.
(2005 Code, § 1-401)
   (B)   Official bonds of the municipality shall be in form, joint and several, and shall be made payable to the municipality in such penalty as the governing body may set by resolution which sums shall be on file at the office of the Municipal Clerk; provided, 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. All official bonds of the municipal officials shall be executed by the principal named in such bonds and by at least two sufficient sureties who shall be freeholders of the county, or by the official as principal and by a guaranty, surety, fidelity or bonding company; provided, no municipal official, while still in his or her official term of office, shall be accepted as surety on any other official’s bond, contractor’s bond, license bond or appeal bond under any circumstances. Only companies that are legally authorized to transact business in the state shall be eligible for suretyship on the bond of an official of the municipality. All said 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 the municipality and any persons who may be injured by a breach of the conditions of such bonds. No bond shall be deemed to be given or complete until the approval of the governing board, and all sureties are endorsed in writing on the said instrument by the Mayor and Municipal Clerk pursuant to the said approval of the governing body. The premium on any official bond required to be given may be paid out of the General Fund, or other proper Municipal fund, upon a resolution to that effect by the governing body at the beginning of any municipal year. All official bonds, meeting the conditions herein, shall be filed with the Municipal Clerk for his or her official records and it shall be the duty of the Municipal Clerk to furnish a certified copy of any bond so filed upon the payment of a fee which shall be set by resolution of the governing body. In the event that the sureties on the official bond of any officer of the municipality, in the opinion of the governing body, become insufficient, the governing body may, by resolution, fix a reasonable time within which the said officer may give a new bond or additional sureties as directed. In the event that the officer should fail, refuse or neglect to give a new bond, or additional sureties to the satisfaction and approval of the governing body, then the office shall, by such failure, refusal or neglect become vacant, and it shall be the duty of the governing body to appoint a competent and qualified person to fill the office. Any official who is re-elected to office shall be required to file a new bond after each election.
(2005 Code, § 1-402)
§ 1-402  OATH; MUNICIPAL OFFICIALS.
   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 (or affirm) 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 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 overthrow of the government of the United States or of this State by force or violence. So help me God.”
(2005 Code, § 1-403)
§ 1-403  OFFICIALS; PROPERTY; CONFLICT OF INTEREST; CHARGES AGAINST.
   (A)   Every officer and employee of the city or of any of its boards or departments shall promptly and fully account for and deliver to his or her successor, or as otherwise directed by the Mayor and Council, all money, equipment and other property of the city which he or she has in his or her possession or has received from the city during his or her term of office or employment.
(2005 Code, § 1-404)
   (B)   No officer of the municipality shall be permitted to benefit from any contract to which the municipality is a party when the consideration of the said contract is in an amount in excess of $20,000 in any one year, and no contract may be divided for the purpose of evading the requirements of this section. Any such interest in a contract shall void any obligation on the part of the municipality; provided, the receiving of deposits, cashing of checks and buying and selling of the warrants and bonds of the municipality shall not be considered a contract under the provisions of this section. No official shall receive any pay or compensation from the municipality other than his or her salary. The governing body shall not pay or appropriate any money or other valuable thing to pay a person who is not an officer for the performance of any act, service or duty which shall come within the proper scope of the duties of any officer of the municipality; provided that, ownership of less than 1% of the outstanding stock of any class in a corporation shall not constitute an interest within the meaning of this section.
(2005 Code, § 1-405)
   (C)   Any person may make a charge of misconduct in office against any city official, which charge shall be in writing and under oath and shall specify the nature of the misconduct claimed, which charge shall be filed with the City Clerk. Such charge shall be fully read at the next regular meeting of the City Council or at a special meeting called for that purpose and, if so ordered by the Council, a copy of such charge, certified by the City Clerk, shall be served upon the officer charged, together with a notice that he or she shall show cause, at a meeting of the Council, why he or she should not be removed from office.
(2005 Code, § 1-406)
ARTICLE 5: CORPORATE SEAL
Section
   1-501   Seal; official corporate
§ 1-501  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 Holdrege, Phelps County, 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.
(2005 Code, § 1-501)
ARTICLE 6: MEETINGS
Section
   1-601   Definitions
   1-602   Public meetings
   1-603   Closed sessions
   1-604   Emergency meetings
   1-605   Meeting minutes
   1-606   Votes
   1-607   Notice to news media
   1-608   Public participation
   1-609   Governing body
   1-610   Parliamentary procedure
   1-611   Change in office
   1-612   Organizational
§ 1-601  DEFINITIONS.
   For the purpose of this article, the following definitions apply unless the context clearly indicates or requires a different meaning.
   MEETINGS. All regular, special or called meetings of a public body for the purposes of briefing, discussion of public business, formation of tentative policy or the taking of any formal action.
(2005 Code, § 1-601)
   PUBLIC BODY.
      (1)   The following:
         (a)   The governing body of the municipality;
         (b)   All independent boards, commissions, bureaus, committees, councils, subunits or any other bodies, now or hereafter created by Constitution, statute or otherwise pursuant to law; and
         (c)   Advisory committees of the bodies listed above.
      (2)   This article shall not apply to subcommittees of such bodies unless such subcommittees have been given authority to take formal action on behalf of their parent body.
(2005 Code, § 1-602)
§ 1-602  PUBLIC MEETINGS.
   All public meetings, as defined by law, shall be held in a municipal public building which shall be open to attendance by the public. All meetings shall be held in the public building in which the governing body usually holds such meetings unless the publicized notice hereinafter required shall designate some other public building or other specified place. The advance publicized notice of all public convened meetings shall be simultaneously transmitted to all members of the governing body and to the public by a method designated by the governing body or by the Mayor if the governing body has not designated a method. Such notice shall contain the time and specific place for each meeting and either an enumeration of the agenda subjects known at the time of the notice, or a statement that such an agenda kept continually current shall be available for public inspection at the office of the Municipal Clerk. The governing body shall have the right to modify the agenda to include items of an emergency nature only, at such public meetings. The minutes of the Municipal Clerk shall include the record of the manner and advance time by which the advance publicized notice was given, a statement of how the availability of an agenda of the then known subjects was communicated, the time and specific place of the meetings and the names of each member of the governing body present or absent at each convened meeting. The minutes of the governing body shall be a public record open to inspection by the public upon request at any reasonable time at the office of the Municipal Clerk. Any official action on any question or motion duly moved and seconded shall be taken only by roll call vote of the governing body in open session. The record of the Municipal Clerk shall show how each member voted or that the member was absent and did not vote.
(2005 Code, § 1-603)
§ 1-603  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 such individual has not requested a public meeting. 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 such 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 vote of each member on the question of holding a closed session, the reason for the closed session and the time when the closed session commenced and concluded shall be recorded in the minutes. The public body holding such a closed session shall restrict its consideration to matters during the closed portions to only those purposes set forth in the minutes 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 shall mean 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) above.
   (C)   (1)   Any member of the 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:
         (a)   The protection of the public interest; or
         (b)   The prevention of needless injury to the reputation of an individual.
      (2)   Such challenge shall be overruled only by a majority vote of the members of the public body. Such challenge and its disposition shall be recorded in the minutes.
   (D)   (1)   Nothing in this section shall be construed to require that any meeting be closed to the public.
      (2)   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 the provisions of this article.
      (3)   No closed session, informal meeting, chance meeting, social gathering or electronic communication shall be used for the purpose of circumventing the provisions of this article.
   (E)   The provisions of this article shall 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 and there is no vote or other action taken regarding any matter over which the public body has supervision, control, jurisdiction or advisory power.
(2005 Code, § 1-604)
§ 1-604  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 such meeting shall pertain only to the emergency. Such emergency meetings may be held by means of electronic or telecommunication equipment. The provisions of § 1-608 of this article shall be complied with in conducting emergency meetings.
(2005 Code, § 1-605)
§ 1-605  MEETING 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 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.
(2005 Code, § 1-606)
§ 1-606  VOTES.
   (A)   (1)   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.
      (2)   The requirements of a roll call or viva voce vote shall be satisfied by the municipality utilizing an electronic voting device which allows the yeas and nays of each member of the governing body 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.
(2005 Code, § 1-607)
§ 1-607  NOTICE TO NEWS MEDIA.
   The Municipal Clerk, Secretary or other designee of each 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.
(2005 Code, § 1-608)
§ 1-608  PUBLIC PARTICIPATION.
   (A)   Subject to the provisions of this article, the public shall have 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 may be recorded by any person in attendance by means of a tape recorder or any other means of sonic reproduction or in writing.
   (B)   Any public body may make and enforce reasonable rules and regulations regarding the conduct of persons attending its meetings and regarding their privilege to speak. A body is not required to allow citizens to speak at each meeting, nor may it forbid public participation at all meetings.
(2005 Code, § 1-609)
§ 1-609  GOVERNING BODY.
   The meetings of the local governing body shall be held in the Council Chambers of City Hall or in such other places in the city as the Mayor and Council shall, from time to time, fix by resolution. Regular meetings shall be held on the first and third Tuesday of each month at the hour of 6:00 p.m.; provided, that the Mayor and City Council may, by order, adjourn at any time not to exceed one regular meeting. Special meetings may be called by the Mayor, or by four members of the City Council, the object of which shall be submitted to the Council in writing. The call and object, as well as the disposition thereof, shall be entered upon the journal by the Municipal Clerk. No other business shall be transacted at such meeting unless all members of the City Council are present and consent thereto. On filing that call for a special meeting, the Municipal Clerk shall notify the Council members of the special meeting, stating the time and its purpose. Notice of a special meeting need not be given to a Council member known to be out of the state or physically unable to be present. A majority of the members of the City Council shall constitute a quorum for the transaction of business, but a smaller number may adjourn from day to day and compel the attendance of absent members; provided, that 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. At the hour appointed for the meeting, the Municipal 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. In the absence of both the Mayor and the President of the Council, the City Council members shall elect a President pro tempore.
(2005 Code, § 1-610)  (Ord. 2427, passed 6-18-2019)
§ 1-610  PARLIAMENTARY PROCEDURE.
   The Mayor shall preserve order during meetings of the governing body and shall decide all questions of order, subject to an appeal to the governing body. 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 himself or herself to the presiding officer and, while speaking, shall confine himself or herself 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 Municipal Clerk, or any member of the governing body. Every member of the governing body who is present when a question is voted upon shall cast his or her vote unless excused by a majority of the governing body 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 governing body making the motion or resolution shall be entered also. After each vote, the “yeas” and “nays” shall be taken, and entered in the minutes upon the request of any member of the governing body. Before the vote is actually taken, any resolution, motion or proposed ordinance may be withdrawn from consideration by the sponsor thereof with the consent of the member of the governing body seconding the said 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 such 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 the said motions shall be decided without debate. Any of the rules of the governing body for meetings may be suspended by a majority 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 governing body shall decide all procedural disputes that may arise.
(2005 Code, § 1-611)
§ 1-611  CHANGE IN OFFICE.
   The change in office shall be made as follows: the Mayor and Council shall meet at 7:00 p.m. on the first Tuesday in December of each year in which a municipal election is held and the outgoing officers and the outgoing members of the Council shall present their reports and, upon the old Council having completed its business up to the said time, the outgoing members of the Council shall surrender their offices to the incoming members, and the outgoing officers shall thereupon each surrender to his or her successor in office all property, records, papers and moneys, belonging to the same.
(2005 Code, § 1-612)
§ 1-612  ORGANIZATIONAL.
   The newly elected Council shall convene at 7:00 p.m. at the place of meeting in the city on the first Tuesday in December of each year in which a municipal election is held immediately after the prior Council adjourns and proceed to organize itself for the ensuing year. The Mayor elected for the new municipal year shall call the meeting to order. The Council shall then proceed to examine the credentials of its members and other elective officers of the city to see that each has been duly and properly elected, and to see that such oaths and bonds have been given as are required. After ascertaining that all members are duly qualified, the Council shall then elect one of its own body who shall be styled as “President of the Council”. The Mayor shall then nominate his or her candidates for appointive offices of the city and such appointments shall be confirmed by a three-fourths vote of the City Council. He or she shall then proceed with the regular order of business. It is hereby made the duty of each and every member of the Council, or his or her successor in office, and of each officer elected to any office, to qualify prior to the first Tuesday in December following his or her election, and at 8:30 p.m. on the first Tuesday in December following his or her election, each officer elected at the annual municipal election shall take possession of his or her office. All appointive officers shall qualify within two weeks following their appointments. Qualification for each officer who is not required to give bond shall consist in his subscribing and taking an oath to support the Constitution of the United States, the Constitution of the state, the laws of the municipality and to perform faithfully and impartially the duties of his or her office, said oath to be filed in the office of the Municipal Clerk. Each officer who is required to give a bond shall file the required bond in the office of the Municipal Clerk with sufficient sureties, conditioned on the faithful discharge of the duties of his or her office, with the oath endorsed thereon.
(2005 Code, § 1-613)
ARTICLE 7: ORDINANCES
Section
   1-701   Grant of power
   1-702   Rules and regulations
   1-703   Appropriation of money
   1-704   Reading
   1-705   Publication
   1-706   Style
   1-707   Title
   1-708   Emergency ordinances
   1-709   Amendments and revisions
   1-710   Introduction
   1-711   Resolutions and motions
§ 1-701  GRANT OF POWER.
   The governing body shall have the responsibility of making all ordinances, by-laws, rules regulations and resolutions, not inconsistent with the laws of the state, as may be necessary and proper for maintaining the peace, good government and welfare of the municipality and its trade, commerce and security.
(2005 Code, § 1-701)
§ 1-702  RULES AND REGULATIONS.
   (A)   All ordinances shall be passed pursuant to such rules and regulations as the Council may provide. All ordinances may be proven by the certificate of the Municipal Clerk under the seal of the municipality. The passage, approval and publication or posting of any ordinance shall be sufficiently proven by a certificate under the seal of the city from the Clerk showing that such ordinance was passed and approved, and when and in what paper the same was published.
   (B)   The municipal code shall be received as evidence of the passage and legal publication of its contents in all courts without further proof.
(2005 Code, § 1-702)
§ 1-703  APPROPRIATION OF MONEY.
   (A)   All ordinances, 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 Council.
   (B)   The Mayor may vote on such matter when his or her vote shall be decisive and the Council is equally divided and the Mayor shall, for the purpose of such vote, be deemed to be a member of the Council.
(2005 Code, § 1-703)
§ 1-704  READING.
   Ordinances, resolutions or orders for the appropriation of money shall require for their passage the concurrence of the majority of the members elected to the governing body. Ordinances of a general or permanent nature shall be read by the title on three different days. This requirement may be suspended by three-fourths vote of the Council; in such case, said ordinance may be read by title or number and then moved for final passage. Three-fourths of the Council may require any ordinance to be read in full before final passage under either process.
(2005 Code, § 1-704)
§ 1-705  PUBLICATION.
   All ordinances of a general nature shall be published one time within 15 days after they are passed in some newspaper in or of general circulation in the municipality or, if no paper is published in the municipality or of general circulation therein, then by posting a written or printed copy thereof in each of three public places in the municipality.
(2005 Code, § 1-705)
§ 1-706  STYLE.
   The style of all municipal ordinances shall be: “Be it ordained by the Mayor and Council of the City of Holdrege, Nebraska: ...”.
(2005 Code, § 1-706)
§ 1-707  TITLE.
   No ordinance shall contain a subject not clearly expressed in its title.
(2005 Code, § 1-707)
§ 1-708  EMERGENCY ORDINANCES.
   In the case of riot, infectious or contagious diseases or other impending danger or any other emergency requiring its immediate operation, such 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 municipality. Such emergency notice shall recite the emergency and be passed by a three-fourths vote of the governing body and entered upon the Municipal Clerk’s minutes.
(2005 Code, § 1-708)
§ 1-709  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 that ordinance or section so amended shall be repealed.
(2005 Code, § 1-709)
§ 1-710  INTRODUCTION.
   Ordinances shall be introduced by members of the governing body in either of the following ways.
   (A)   With the recognition of the Mayor, a Council member may rise in his or her place and, in the presence and hearing of a majority of the members elected to the Council, read aloud the substance of his or her proposed ordinance and file a copy of the same with the Municipal Clerk for future consideration.
   (B)   With the recognition of the Mayor, a Council member may present his or her proposed ordinance to the Mayor, who, in the presence and hearing of a majority of the members elected to the Council, shall read aloud the substance of the same and shall file the same for future consideration.
(2005 Code, § 1-710)
§ 1-711  RESOLUTIONS AND MOTIONS.
   Resolutions and motions shall be introduced in one of the methods prescribed for the introduction of ordinances. After their introduction, they shall be fully and distinctly read one time in the presence and hearing of a majority of the members elected to the Council. The issue raised by said resolutions or motions shall be disposed of in accordance with the usage of parliamentary law adopted for the guidance of the Council. A majority vote shall be required to pass any resolution or motion. The Mayor may vote any such matter when his or her vote shall be decisive and the Council is equally divided, and the Mayor shall, for the purpose of such vote, be deemed a member of the Council. The vote on any resolution or motion shall be viva voce and “yeas” and “nays” thereon shall be recorded by the Clerk.
(2005 Code, § 1-711)
ARTICLE 8: ELECTIONS
Section
   1-801   Generally
   1-802   Primary election; number of candidates filing
   1-803   Tie votes
   1-804   General election; preparation of ballot
   1-805   Election to terms
   1-806   Filing fee
   1-807   Petition candidates
   1-808   Wards
   1-809   Voter qualifications
   1-810   Ballots
   1-811   Inability to assume office
§ 1-801  GENERALLY.
   (A)   The municipal primary and general election shall be held in accordance with the provisions of Neb. RS Ch. 32. Said elections shall be held in conjunction with the state primary and general election. Prior to February 1 of the year in which the first such joint election takes place, the governing body shall receive the consent in writing of the County Board to so hold the election and such authorization shall be prescribed according to state law. The County Clerk shall have charge of the election and shall have the authority to deputize the Municipal Clerk for municipal election purposes.
   (B)   Commencing with the statewide primary election in 1976, and every two years thereafter, those candidates for Mayor and for positions on the City Council whose terms will be expiring shall be nominated at the statewide primary election and elected at the statewide general election.
(2005 Code, § 1-801)
§ 1-802  PRIMARY ELECTION; NUMBER OF CANDIDATES FILING.
   If the number of candidates properly filed for nomination at the primary election does not exceed two for each vacancy to be filled, all candidates properly filed shall be considered nominated and no primary election for their nomination shall be required.
(2005 Code, § 1-802)
§ 1-803  TIE VOTES.
   (A)   In the case of a tie vote of any of the candidates in either the primary or general election, the County Clerk shall notify such candidates to appear at his or her office on a given day and hour to determine the same by lot before the canvassing boards and the certificate of nomination or election shall be given accordingly.
   (B)   Notice to appear shall be given by certified mail.
(2005 Code, § 1-803)
§ 1-804  GENERAL ELECTION; PREPARATION OF BALLOT.
   When more than one person becomes a candidate by filing, petition or write-in procedures for the same position in the primary, the County Clerk, in preparing the official ballot for the general election shall place thereon the names of the persons who received the greatest number of votes in the primary, but in no event shall the names on the general election ballot be more than twice the number of vacancies to be filled at the general election.
(2005 Code, § 1-804)
§ 1-805  ELECTION TO TERMS.
   (A)   The candidates shall be placed on the general ballot and the candidates receiving the greatest number of votes shall be elected to terms of the longest duration, and those receiving the next greatest number of votes shall be elected to the remaining term or terms. The County Clerk shall place the names of the candidates on the general election ballot in the direct order according to the number of votes received at the primary election. If no primary election was held, the names of the candidates shall be placed upon the general election ballot in the order of their filing. The term of office of all such members shall commence on the first regular meeting of the Council in December following their election.
   (B)   Any vacancy on the Council resulting from causes other than expiration of the term shall be filled by note of the remaining members as provided in § 1-202 of this code of ordinances.
(2005 Code, § 1-805)
§ 1-806  FILING FEE.
   (A)   Prior to the filing of any nomination papers, there shall be paid to the Municipal Treasurer a filing fee which shall amount to 1% of the annual salary for the office for which the candidate will file; provided, there shall be no filing fee for any candidate filing for an office in which a per diem is paid rather than a salary, or an office for which there is a salary of less than $500 per year.
   (B)   No nominating papers shall be filed until the proper Municipal Treasurer’s receipt, showing the payment of the filing fee, shall be presented to the election officer with whom the nomination papers are to be filed.
(2005 Code, § 1-806)
§ 1-807  PETITION CANDIDATES.
   (A)   Candidates for any municipal office in the municipality may be nominated by petition.
   (B)   Such petitions shall contain signatures of registered voters equal in number to 5% of the votes cast in the voting unit at the most recent municipal election or 25 signatures, whichever is greater.
   (C)   Petitions must be filed at least 60 days prior to the state primary.
(2005 Code, § 1-807)
§ 1-808  WARDS.
   (A)   The city shall redistrict as often as necessary using the most recent federal census to ensure that each ward is substantially equal in population.
   (B)   The city shall be divided into the following wards as set forth herein.
      (1)   First Ward. The First Ward shall consist of all that part of the city lying east of and including the east side of Logan Street as the same runs north and south to the easterly corporate limits of the city.
      (2)   Second Ward. The Second Ward shall consist of all that part of the city lying between the west side of Logan Street and the east side of West Avenue as these lines run north and south between 18th and 12th Avenue and the west side of Logan Street; and the east side of Grant Street as these lines run north and south between 12th Avenue and 3rd Street and the west side of Logan Street; and the east side of East Avenue as these lines run north and south between 3rd Street and the southerly corporate limits of the city.
      (3)   Third Ward. The Third Ward shall consist of all that part of the city lying between the west side of the easterly corporate limits of the city as these lines run north and south between 22nd Avenue and 18th Avenue and the east side of Burlington Street; and the west side of West Avenue as these lines run north and south between 18th Avenue and 12th Avenue and the east side of Burlington Street; and the west side of Grant Street as these lines run north and south between 12th Avenue and 3rd Street and the east side of Burlington Street; and the west side of East Avenue as these lines run north and south between 3rd Street and the southerly corporate limits of the city and the east side of Burlington Street.
      (4)   Fourth Ward. The Fourth Ward shall consist of all that part of the city lying west of Burlington Street as the same runs north and south to the westerly corporate limits of the city.
(2005 Code, § 1-808)  (Ord. 2341, passed 11-1-2011)
§ 1-809  VOTER QUALIFICATIONS.
   ELECTORS shall mean every person of the constitutionally prescribed age or upwards, who shall have the right to vote for all officers to be elected to public office, and upon all questions and proposals lawfully submitted to the voters at any and all elections authorized or provided for by the Constitution or the laws of the state, except school elections; provided, no person shall be qualified to vote at any election unless such person shall be a resident of the state and shall have been properly registered with the election official of the county.
(2005 Code, § 1-809)
§ 1-810  BALLOTS.
   The municipality shall, through the County Clerk, provide printed ballots for every general municipal election and the expense of printing and delivering the ballots and cards of instruction shall be a charge upon the municipality.
(2005 Code, § 1-810)
§ 1-811  INABILITY TO ASSUME OFFICE.
   In any general election, where the person who received the highest number of votes is ineligible, disqualified, deceased or for any other reason is unable to assume the office for which he or she was a candidate, and the electorate had reasonable notice of such disability at the time of the election, the candidate in such election who received the next highest number of votes shall be declared elected, and shall be entitled to the certificate of election; provided that, any candidate so declared elected received not less than 35% of the total number of votes cast for such office in the election. If any of the qualifications of this section are not met by the candidate to be declared elected, or reasonable notice of the winners ineligibility is not available to the voters, a vacancy in such office shall be declared to exist at the time of commencement of the term and shall be filled as prescribed by law.
(2005 Code, § 1-811)
ARTICLE 9: FISCAL MANAGEMENT
Section
   1-901   Financial statement
   1-902   Budget statement
   1-903   Budget hearing
   1-904   Budget filing
   1-905   Annual audit
   1-906   Property tax
   1-907   Disbursements by Treasurer
   1-908   Appropriation
   1-909   Expenditures
   1-910   Judgment
   1-911   Unlawful transfers
   1-912   Lawful transfer of funds
   1-913   Insufficient funds
   1-914   Sinking funds
   1-915   Depositories
   1-916   Certificates of deposit; time deposits; security required
   1-917   Depository bond
   1-918   Depository securities
   1-919   Maximum deposits
   1-920   Investment of funds
   1-921   Claims
   1-922   Claims; audits
   1-923   Warrants
   1-924   Contracts; appropriation
   1-925   Contract vote
   1-926   Contract advertising
§ 1-901  FINANCIAL STATEMENT.
   The Mayor and Council shall cause to be published semi-annually a statement of the receipts of the city and the sources thereof and an itemized account of the expenditures and the financial condition of the city.
(2005 Code, § 1-901)