CHAPTER 35: FINANCE AND REVENUE
Section
General Provisions
   35.01   Definitions
   35.02   Annual audit; financial statements
   35.03   Contracts and purchases; bidding and other requirements
   35.04   Orders or warrants for money; contracts; expenditures; requirements
   35.05   Claims and accounts payable
   35.06   Collection of special assessments; procedure
   35.07   Special assessment fund
   35.08   Sinking funds; gifts of money or property
   35.09   Deposit of funds
   35.10   Certificates of deposit; time deposits; conditions
   35.11   Investment and use of surplus funds
   35.12   Bond issues
   35.13   Debt collection; authority to contract with collection agency
   35.14   Credit cards; authority to accept
   35.15   Returned checks
   35.16   Capitalization policy
   35.17   Amending schedule of fees
Annual Budget
   35.30   Fiscal year
   35.31   Budget procedures
   35.32   Expenditures prior to adoption of budget
   35.33   Proposed budget statement; contents; availability; correction
   35.34   Proposed budget statement; hearing; adoption; certification of tax amount
   35.35   Adopted budget statement; filing; certification of tax amount
   35.36   Appropriation bill
   35.37   General Fund
   35.38   Transfer of funds
   35.39   Budget revision
   35.40   Proprietary functions; fiscal year; budget statements; filing; hearing; adoption; reconciliation
Tax Levies
   35.55   Property tax levy for general revenue purposes
   35.56   Levies for other taxes and special assessments
   35.57   All-purpose levy; extraordinary levies; allocation; abandonment
   35.58   Property tax levy; maximum; authority to exceed
   35.59   Property tax levy; certification of amount; collection
   35.60   Property tax request; procedure for setting
   35.61   Motor vehicle fee
   35.62   Property tax request; increase by more than allowable growth percentage; procedure for setting
GENERAL PROVISIONS
§ 35.01 DEFINITIONS.
   For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
   BIENNIAL BUDGET. A budget by the city that provides for a biennial period to determine and carry on the city’s financial and taxing affairs.
   BIENNIAL PERIOD. The two fiscal years comprising a biennium commencing in odd-numbered or even-numbered years used by the city in determining and carrying on its financial and taxing affairs.
   PUBLIC FUNDS. All money, including non-tax money, used in the operation and functions of governing bodies. If the city has a lottery established under the Nebraska County and City Lottery Act, only those net proceeds which are actually received by the city from a licensed lottery operator shall be considered PUBLIC FUNDS, and PUBLIC FUNDS shall not include amounts awarded as prizes.
(Neb. RS 13-503)
§ 35.02 ANNUAL AUDIT; FINANCIAL STATEMENTS.
   (A)   (1)   For the purpose of this division (A), the following definitions shall apply unless the context clearly indicates or requires a different meaning.
         ACCOUNTANT. A duly licensed public accountant or certified public accountant who otherwise is not an employee of or connected in any way with the city.
         ANNUAL AUDIT REPORT. The written report of the accountant and all appended statements and schedules relating thereto presenting or recording the findings of an examination or audit of the financial transactions, affairs, or financial condition of the city and its proprietary functions for the fiscal year immediately prior to the making of the annual report.
         FISCAL YEAR. The fiscal year for the city or the fiscal year established in Neb. RS 18-2804 for a proprietary function if different than the city fiscal year.
(Neb. RS 19-2902)
      (2)   The City Council shall cause an audit of the city’s accounts to be made by a recognized independent and qualified accountant as expeditiously as possible following the close of the fiscal year and to cover all financial transactions and affairs of the city for that preceding fiscal year. The audit shall be made on a cash or accrual method at the discretion of the City Council. The audit shall be completed and the annual audit report made by the accountant shall be submitted within six months after the close of the fiscal year in any event, unless an extension of time is granted by a written resolution adopted by the City Council. If the city owns or operates any type of public utility or other enterprise which substantially generates its own revenue, that phase of the affairs of the city shall be audited separately from other functions of the city and the result shall appear separately in the annual audit report made by the accountant to the city and such audit shall be on an accrual basis and shall contain statements and materials which conform to generally accepted accounting principles. For the utilities operated through the Board of Public Works, the City Council may provide for an entirely separate audit, on an accrual basis, of such operations and report and by a different accountant than the one making the general audit.
(Neb. RS 19-2903)
      (3)   The annual audit report shall set forth, insofar as possible, the financial position and results of financial operations for each fund or group of accounts of the city. When the accrual method is selected for the annual audit report, the report shall be in accordance with generally accepted accounting principles. The annual audit report shall also include the professional opinion of the accountant with respect to the financial statements, or, if an opinion cannot be expressed, a declaration that the accountant is unable to express such an opinion with an explanation of the reasons why he or she cannot do so.
(Neb. RS 19-2904)
      (4)   At least three copies of such annual audit report shall be properly signed and attested by the accountant; two copies shall be filed with the City Clerk, and one copy shall be filed with the Auditor of Public Accounts. The annual audit report filed, together with any accompanying comment or explanation, shall become a part of the public records of the City Clerk and shall at all times thereafter be open and subject to public inspection.
(Neb. RS 19-2905)
   (B)   The City Council shall provide and file with the City Clerk, not later than August 1 of each year, financial statements showing the city’s actual and budgeted figures for the most recently completed fiscal year.
(Neb. RS 13-606)
Statutory reference:
   Other provisions on audits, Neb. RS 19-2906 through 19-2909
§ 35.03 CONTRACTS AND PURCHASES; BIDDING AND OTHER REQUIREMENTS.
   The governing body shall, before entering into any contract for labor, materials, or any public improvement which exceeds $20,000 in cash as estimated by the Municipal Engineer, advertise for bonds one week for at least seven days prior to bid closing in a legal newspaper of general circulation in the city or post a printed or written copy thereof in each of three public places in the city; provided, that in the case of a public emergency which is a serious danger to life, health, or property, estimates of costs and advertising for bids may be waived in the emergency ordinance when adopted by a three-fourths vote of the governing body. This provision shall not apply to contacts with public power districts.
(Prior Code, § 1-813) (Ord. 619, passed 1-4-2006)
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