CHAPTER 31: CITY POLICIES
Section
General Provisions
   31.01   Corporate existence
   31.02   Service of process
   31.03   Powers of city
   31.04   Codification of ordinances
Meetings
   31.15   Definitions
   31.16   Open to public; notice; agenda
   31.17   Closed sessions; chance meetings
   31.18   Emergency meetings
   31.19   Minutes
   31.20   Voting
   31.21   Notice to media
   31.22   Participation by public
   31.23   Meeting day and time; quorum; call to order
   31.24   Rules of conduct
   31.25   Expedited consent agenda
   31.26   Power to compel witnesses and testimony
Elections
   31.40   General provisions
   31.41   Representation at large; term
   31.42   Initiative and referendum
City Property
   31.55   Responsibility for maintenance and control
   31.56   Sale or conveyance; real property
   31.57   Removal of obstructions; permitted obstructions
   31.58   Overhanging branches
   31.59   Procedure for appraisal and acquisition of real property
   31.60   Public works construction; architect or professional engineer required; exceptions
 
   31.99   Penalty
GENERAL PROVISIONS
§ 31.01 CORPORATE EXISTENCE.
   The city is hereby found and declared to be a city of more than 5,000 persons. The city shall be governed by the laws of the state regulating cities of the first class.
(Prior Code, § 1-101)
Statutory reference:
   Authority, see Neb. RS 16-101
§ 31.02 SERVICE OF PROCESS.
   All process affecting the city may be served by personal, residence, or certified mail upon the Chief Executive Official or the Clerk.
(Neb. RS 25-510.02(2)) (Prior Code, § 1-102) (Ord. 1748, passed 10-1-1984)
Statutory reference:
   Similar state law provisions, see Neb. 16-115
§ 31.03 POWERS OF CITY.
   The city 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 city, and real estate sold to satisfy unpaid tax obligations for the use of the city in such manner and upon such terms and conditions as may be deemed in the best interests of the city; to sell, exchange, or lease any personal or real property owned by the city, including park land, in such manner and upon such terms and conditions as may be deemed in the best interests of the city, provided that real estate owned by the city may be conveyed without consideration to the state or to the state 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 city 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.
(Neb. RS 16-201) (Prior Code, § 1-103)
§ 31.04 CODIFICATION OF ORDINANCES.
   The city shall have the power to revise the ordinances of the city 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 city 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.
(Prior Code, § 1-104)
Statutory reference:
   Similar state law provisions, see Neb. RS 16-247
MEETINGS
§ 31.15 DEFINITIONS.
   (A)   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      MEETINGS. All regular, special, or called meetings, formal or informal, of a public body for the purposes of briefing, discussion of public business, formation of tentative policy, or the taking of any action.
(Prior Code, § 1-601)
      PUBLIC BODY.
         (a)   The governing body of the city;
         (b)   All independent boards, commissions, bureaus, committees, councils, subunits, or any other bodies now or hereafter created pursuant to law;
         (c)   Advisory committees of the bodies listed above; and
         (d)   Instrumentalities exercising essentially public functions.
   (B)   This subchapter shall not apply to subcommittees of the bodies unless a quorum of the public body attends a subcommittee meeting or unless the subcommittees are holding hearings, making policy, or taking formal action on behalf of their parent body.
(Prior Code, § 1-602)
(Ord. 1707, passed 10-3-1983) (Ord. 2005-2723, passed 2-7-2005)
Statutory reference:
   Similar state law provisions, see Neb. 84-1409(2)
§ 31.16 OPEN TO PUBLIC; NOTICE; AGENDA.
   (A)   The formation of public policy is public business and may not be conducted in secret. Every meeting of a public body shall be open to the public in order that citizens may exercise their democratic privilege of attending and speaking at meetings of public bodies, except as otherwise provided by the Constitution of Nebraska, federal statutes, and the Open Meetings Act.
   (B)   (1)   Each public body shall give reasonable advance publicized notice of the time and place of each meeting as provided in division (B)(2) of this section. The notice shall be transmitted to all members of the public body and to the public.
      (2)   The notice shall be published by:
         (a)   Publication in a newspaper of general circulation within the public body's jurisdiction and, if available, on such newspaper's website; or
         (b)   Posting written notice in three conspicuous public places in the city. The notice shall be posted in the same three places for each meeting.
      (3)   In addition to a method of notice required by division (B)(2) of this section, the notice shall also be provided by any other appropriate method designated by the public body.
      (4)   Each public body shall record the methods and dates of the notice in its minutes.
      (5)   The notice shall contain an agenda of subjects known at the time of the publicized notice or a statement that the agenda, which shall be kept continually current, is readily available for public inspection at the office of the public body during normal business hours. Agenda items shall be sufficiently descriptive to give the public reasonable notice of the matters to be considered at the meeting. Except for items of an emergency nature, the agenda shall not be altered later than 24 hours before the scheduled commencement of the meeting or 48 hours before the scheduled commencement of a meeting of the City Council scheduled outside the corporate limits of the city. The public body shall have the right to modify the agenda to include items of an emergency nature only at such public meeting.
(Prior Code, § 1-603) (Ord. 2005-2723, passed 2-7-2005; Ord. 2006-2773, passed 7-3-2006; Ord. 2021-3031, passed 10-18-2021)
Statutory reference:
   Similar state law provisions, see Neb. RS 84-1408, 84-1411
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