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(A) The Mayor shall appoint, with the consent of the City Counsel, a Board of Health which shall consist of four members. The members of the Board shall include the Mayor, who shall serve as Chairperson, the President of the City Council, and two other members. One member shall be a physician or health care provider, if one can be found who is willing to serve. Such physician or health care provider, if appointed, shall be the Board's medical advisor. If the Mayor has appointed the Chief of Police, the Chief of Police shall serve on the Board as Secretary and quarantine officer. The members of the Board shall serve, without compensation, a one year term of office, unless reappointed and unless removed by the Mayor with the advice and consent of the City Council, and shall reorganize at the first meeting in January of each year. No member of the Board of Health shall hold more than one Board of Health position.
(B) The Secretary shall keep full and correct minutes and records of all meetings and file the same with the City Clerk where they shall be available for public inspection during office hours. The Board of Health shall be funded by the City Council from time to time out of the general fund. A majority of the Board shall constitute a quorum for the purpose of doing business. The Board shall meet at such times as the City Council may designate. Special meetings may be held upon the call of the Chairperson or any two members of the Board.
(C) The Board shall enact rules and regulations, which shall have the full force and effect of law, to safeguard the health of the people of the city. The Board shall enforce the rules and regulations and provide fines and punishments for any violations thereof. It may regulate, suppress, and prevent the occurrence of nuisances and enforce all laws of the state of Nebraska and ordinances of the city relating to nuisances and to matters of sanitation which affect the health and safety of the people. The Board shall regularly inspect such premises and businesses as the City Council may direct. All members of the Board shall be responsible for making such reports and performing such other duties as the City Council may, from time to time, designate.
('72 Code, § 2-204) (Am. Ord. 1606, passed 9-25-97) Penalty, see § 10.99
Statutory reference:
Authority, see Neb. RS 17-121
Cross-reference:
Health and safety regulations, see Chapter 94
(A) The Mayor and City Council hereby find and determine that it is necessary and desirable for purposes of providing for the redevelopment and general welfare of the city that a Community Development Agency be created pursuant to Neb. RS 18-2101.01.
(B) There shall be and there is hereby created in and for the city an agency to be known as the Community Development Agency of the City of Wahoo, Nebraska, which shall consist of the Mayor and City Council as exercising the powers of such Agency in accordance with Neb. RS 18-2101.01. As provided in Neb. RS 18-2101.01, such Agency shall exercise all of the powers and authority provided for in Neb. RS 18-2101 to 18-2144, both inclusive and 18-2145 to 18-2154, both inclusive, as now existing, as amended, and as hereafter amended.
(C) The Agency, as hereby created shall function under the direction of the Mayor and Council and shall exercise such of the powers herein described or referred to as shall be determined appropriate from time to time by the Mayor and Council as the governing body of such Agency and as determined by resolution or ordinance duly adopted by said body from time to time.
('72 Code, § 2-206) (Ord. 1619, passed 11-13-97; Am. Ord. 1891, passed 2-10-05)
(A) The Mayor shall appoint, with the approval of the Council, five persons who shall constitute the Housing Authority, and such persons shall be called the Commissioners. One Commissioner shall be appointed each year. Each Commissioner shall serve a five-year term of office or until a successor is duly appointed, provided that all vacancies shall be filled for the unexpired terms. The Mayor may, with the approval of the Council, appoint one of its members to serve as one of the five members of such Housing Authority for such term as the governing body may determine. No person shall serve as a Commissioner unless he or she resides within the area of operation of that Housing Authority. A certificate of the appointment or reappointment of any Commissioner shall be filed with the Municipal Clerk, and such certificate shall be conclusive evidence of the proper appointment of such Commissioner. A Commissioner shall receive no compensation for his or her services, but he or she shall be entitled to the necessary expenses, including travel expenses, incurred in discharge of his or her duties.
(B) A majority of Commissioners shall constitute a quorum of the Authority for the purpose of conducting its business, exercising its powers, and for all other purposes. Action may be taken by the Authority upon the vote of the majority of the Commissioners present unless in any case the bylaws of the Authority shall require a larger number. The Commissioners shall elect a Chairperson and Vice- Chairperson from among the Commissioners and shall have the power to employ an executive director who shall serve as ex officio Secretary of the Authority. The Authority may also employ legal counsel, or it may call upon the chief law officer of the municipality, for such services as it may require. It may employ technical experts and such other officers, agents, and employees as it may require and shall determine their qualifications, duties, compensations, and terms of office. The Authority may delegate such other powers and duties to its agents or employees as it may deem proper.
(C) During his or her tenure, and for one year thereafter, no commissioner, officer, or employee of the Municipal Housing Authority shall voluntarily acquire any interest, direct or indirect, in any project or in any property included or planned to be included in any project, or in any contract or proposed contract relating to any housing project. If any such commissioner, officer, or employee involuntarily acquires any such interest, or voluntarily or involuntarily acquired any such interest prior to appointment or employment as commissioner, officer, or employee, the commissioner shall immediately disclose the interest in writing to the Authority, and such disclosure shall be entered upon the minutes of the Authority, and he or she shall not participate in any action by the Authority relating to the property or contract in which he or she has any such interest, provided that nothing herein shall apply to the acquisition of any interest in notes or bonds of the Authority issued in connection with any housing project, or to the execution of agreements by banking institutions for deposit or handling of funds in connection with a project, or to act as trustee under any trust indenture, or to utility services, the rates for which are fixed or controlled by a governmental agency.
(D) The Mayor may remove a Commissioner for neglect of duty or misconduct in office in the manner prescribed hereinafter. The Mayor shall send a notice of removal to such Commissioner, which notice shall contain a statement containing the charges against him or her. Unless within ten days from the receipt of such notice, such Commissioner files with the Clerk a request for a hearing before the governing body, the Commissioner shall be deemed as removed from office. If a request for a hearing is filed with the Clerk, the governing body of the municipality shall hold a hearing at which the Commissioner shall have the right to appear in person or by counsel and the governing body shall determine whether the removal shall be disapproved or upheld. If the removal is disapproved, the Commissioner shall continue to hold his or her position.
(E) The Housing Authority shall keep an accurate account of all its activities and of all its receipts and disbursements and shall make a report to the governing body on all such information.
(A) The findings set forth in Ordinance 1815 are hereby made a part of this section as fully as if set out at length herein.
(B) The Mayor and City Council hereby establish a Board of Public Works for the city for the following public works of the city: electricity, natural gas, sewers and water, hereinafter called Utility and/or Utilities, said Board of Public Works to be known and designated as the Wahoo Board of Public Works.
(C) The purpose of the Board of Public Works is to provide governance for the aforenoted Utilities as provided herein.
(D) The structure and governance of the Board of Public Works shall be as follows:
(1) The Board of Public Works shall consist of five voting members members and one ex-officio nonvoting member who shall be the City Administrator. The voting members of the Board shall be comprised of the following:
(a) Four members of the Board shall be citizens and bonafide residents of the city who shall be called at large members and provided further that one at large member may be a member of the City Council;
(b) One member of the Board shall be member of the City Council and shall be called City Council Member;
(2) The Mayor shall appoint, subject to the approval of the Council, or a majority thereof, the five members of the Board of Public Works. Said member or members may be removed by the Mayor and a majority of the City Council at anytime;
(3) (a) Each at large member of the Board of Public Works shall serve until his/her successor is appointed and qualified, provided, that the at large members of the Board of Public Works shall be appointed in such a manner that the terms shall be for one, two, three, or four years, in the manner designated by the Mayor, as the case may be, commencing the first meeting in January of 2019 of said Board, after which the term of each at large member shall be four years;
(b) The City Council Member of the Board of Public Works shall serve until the end of the City Council's term on the City Council.
(4) Vacancies in the at large and/or City Council membership of the Board of Public Works shall be filled for the unexpired term by the Mayor, subject to the approval of the Council, or a majority thereof;
(5) Each member of the Board of Public Works shall, before entering upon the discharge of his or her duties, take an oath to discharge faithfully the duties of his or her office. Further, each of the members of said Board before entering upon the duties of their office shall be required to give bond to the city with corporate security. Such bond shall be in the sum of $5,000 and shall be conditioned for the faithful performance of the duties of the members of the Board of Public Works and the security on such bond shall be approved by the Mayor and Council and shall be filed with the City Treasurer, provided, the premium on said bond shall be paid out of the funds of the Board of Public Works;
(6) No member of the Board of Public Works shall receive any salary or compensation for his or her services as a member of such Board, but the actual and necessary expenses incurred by said member in the performance of his or her duties shall be allowed and paid as a part of the cost and operation of the Utilities of the city;
(7) The Board of Public Works is hereby empowered to adopt such rules and regulations as may be necessary for its government and the transaction of business and to provide for amendments thereto. Further, the Board shall establish regular times for its meetings and keep a record of their proceedings and publish within the Wahoo Newspaper the minutes of each meeting of the Board of Public Works within 30 days after said meeting;
(8) The members of the Board of Public Works shall organize as soon as practical after their appointment, by electing a chair, vice chair, and a secretary at the first meeting of June of each year, who shall serve until the first meeting in January next following their appointment, and thereafter, said Board of Public Works shall elect a chair, vice chair, and a secretary at the first meeting of January of each year. In the absence of regular officers, temporary officers to serve in their places may be chosen by the members present at any meeting. Further, the members may select such other officers, clerks, deputies, laborers and other help and assistants as may be necessary by such Board to be necessary or expedient.
(E) The Mayor and City Council shall retain all statutory powers regarding the governance of the Utilities of the city not heretofore or hereinafter transferred and/or assigned to the Board of Public Works.
(F) The Board of Public Works is hereby empowered as follows:
(1) The members of the Board of Public Works shall on or before their November meeting of each even year, recommended to the Mayor a person for the office of Utilities General Manager. The Mayor, upon receiving the name of the person for Utilities General Manager from the Board of Public Works, shall interview the person and determine that the person possess the qualifications to serve in such capacity. In determining the qualifications of the person, the Mayor shall employ uniform standards as adopted by the Board of Public Works and confirmed by the City Council, as set forth in writing, and provided to the Mayor. After completing the above, the Mayor will make a recommendation to the City Council as to the person to be the Utilities General Manager for the city. The Utilities General Manager, upon being confirmed by the Council, shall hold office until his or her successor shall be appointed and qualified;
(2) To provide that the current Utilities General Manager of the city shall, after the effective date of this section, be employed thereafter by the city at such reasonable compensation as established by the City Council based upon the recommendation of the Board of Public Works, at the time of such employment and shall thereafter be under the jurisdiction of said Board and the City Administrator.
(3) To provide that all contracts made by the Board of Public Works, regarding the Utilities, shall be authorized by a majority of the Board of Public Works by appropriate action, and the record of all actions by said Board shall be spread in full upon the minute record of the Board proceedings;
(4) To cooperate and participate in the pension plan on file in the office of the City Clerk and intended for the benefit of the employees of the city and for the purpose of such pension plan, the Board of Public Works may make contributions under such plan, authorize deductions from salaries of employees, and take such other steps as may be necessary and are consistent with said plan;
(5) To participate in a group insurance plan for the benefit of its employees covering sickness, dental, accident, and life insurance on file in the office of the City Clerk and intended for the benefit of the employees of the city and for the purpose of such group insurance plan, the Board of Public Works may make contributions under such plan, authorize deduction from salaries of employees, and take such other steps as may be necessary and are consistent with said plan;
(6) To provide that the procedures and enforcement of all city ordinances relative to the aforenoted Utilities of the city and Chapters 50, 51, 52, 53, and 54 of Title IV, Public Works of this code, except those ordinances and chapters and portions thereof, relative to utility rate setting, are hereby assigned and transferred to the Board of Public Works;
(7) To provide that the Board of Public Works shall keep separate books of account for each Utility under its control showing current entries of the receipts and expenditures of the Board and duplicate vouchers of all of its expenditures for each of said Utilities, which records shall, at all times, be open to the examination of the Mayor and City Council or a committee thereof. The Board of Public Works shall make a monthly report of their receipts and expenditures for each separate Utility to the Mayor and City Council. The audit and report, at the close of the fiscal year, of the financial transactions and affairs of the said Utilities, operating through the Board of Public Works, shall be entirely separate from the general audit of the city's accounts at the close of its fiscal year and may be carried out by a different accountant than the one making such general audit for the city;
(8) To operate, manage and maintain the city's Utilities and any and all property owned by the city and used in connection with the operation and maintenance of such Utilities, including the erection and construction of additions, extensions, and improvements in and to such systems; in furtherance thereof, the Board of Public Works may utilize its own engineering staff and may hire consulting engineers for the design and installation of extensions and improvements of the Utilities under the jurisdiction of the Board of Public Works, provided, however, said Board of Public Works shall follow the requirements of Neb. RS 17-568.01 pertaining to advertisements for bids for the enlargement or improvement of any of the Utilities;
(9) To purchase all materials and supplies for the operation and maintenance of such Utilities;
(10) To study and recommend to the Mayor and City Council revisions, changes, and amendments to all rates of the Utilities of the city;
(11) To collect all rates, charges, revenues and profits accruing on account of the ownership and operation of such Utilities;
(12) To provide that the collection of rates for the Utilities or other services furnished and rendered by said Utilities, shall be under the control and supervision of the Board of Public Works. All revenues of said Utilities shall be segregated from all other fun and revenues of the city and shall be paid and deposited into separate funds, as designated by the Board of Public Works, said funds to be administered solely by said Board of Public Works for the purpose of paying operating expenses of said Utilities, the maintenance and repair of each of said Utilities, and for paying the interest on and principal of all revenue bonds or combined revenue bonds of said Utilities, provided, that any surplus funds arising out of the operation of any of the Utilities by the Board of Public Works may, if not invested pursuant to the provisions of any other law upon the subject, be invested by said Board of Public Works as provided by the laws of the State of Nebraska, as amended or superseded. The Board of Public Works shall be bound by the terms of any ordinance, duly passed and adopted by the Mayor and City Council in respect to all utility funds in the issuance of bonds and all other matters;
(13) To keep the accounts of cash received and disbursed on account of the operation and maintenance of such Utilities and all amounts receivable and payable on account thereof;
(14) To pay all salaries, labor, insurance premiums, materials and supplies, and such other expenses incident to the operation and conduct of such Utilities;
(15) To perform such other acts as the Board may deem expedient in the operation, maintenance and conduct of such Utilities and the business and services incident thereto and not in conflict herewith.
(G) The Board of Public Works shall be subject to the following:
(1) The authority of the Mayor and City Council to approve the budget of the Board of Public Works as provided in the Municipal Propriety Function Act;
(2) To spend any amount, as set forth in the budget which has been approved by the Mayor and City Council for the operation and management of the Utilities. It shall further have authority to spend any amount not to exceed $60,0000 for the improvement, construction, or extension of any of the Utilities hereof. In case of emergency, defined as a failure of one or more of said Utilities, a three-fourths vote of the Board of Public Works may authorize the Utilities General Manager to exceed the amounts as specified herein;
(3) To provide that the management, operation and maintenance of the Utilities and of the property used in connection therewith shall, at all times, be in conformity with the provisions of all bond ordinances applicable thereto and the refunding revenue bonds of the city issued pursuant thereto, prior hereto, and in conformity with the provisions of any ordinance pertaining to the refunding of such outstanding bonds, or the issuance of new or additional bonds secured by the revenues of said Utilities. If at any time the provisions of this section shall appear to conflict in any manner with the provisions of such bond ordinances or the bonds issues pursuant thereto or with the provisions of any ordinance pertaining to the refunding of said bonds or issuance of new or additional revenue bonds secured by the revenues of said Utilities, then the provisions of such bond ordinances and of the bonds issues pursuant thereto and the provisions of any ordinance pertaining to the refunding of outstanding bonds or issuance of new or additional bonds secured by the revenues of said Utilities shall prevail over the provisions of this section and the provisions of this section shall yield thereto to the extent necessary to reconcile any such conflicting provisions;
(4) To provide that no member of the Board of Public Works shall ever be financially interested in a contract entered into by the Board on behalf of the Board of Public Works;
(5) To provide that the Board of Public Works shall not be entitled to or have any authority over any money raised by taxation for street lighting purposes. Funds so raised shall be under the control of the Mayor and City Council. The Board of Public Works may, by mutual contract or agreement with the Mayor and City Council furnish electric power, and provide for the installation, operation, and maintenance for street lighting at such rates and/or fees as may be agreed upon.
(H) The Mayor and City Council, by appropriate resolution and/or ordinance, shall assign the following to the Board of Public Works:
(1) The employees designated in Ordinance 1815 are assigned to the Board of Public Works, as of December 1, 2002;
(2) All assets and liabilities pertaining to the Utilities of the city;
(3) All rights-of-way of the city for the aforenoted Utilities, subject to existing franchise/usage fees presently imposed by the city for the usage of said rights-of-way or which may be hereafter imposed by the city;
(4) All existing easements of the city for said aforenoted Utilities;
(5) Space in the Wahoo City Hall, at a rental amount or a shared services agreement to be agreed upon between the Board of Public Works and the Mayor and City Council.
(Ord. 1815, passed 10-24-02; Am. Ord. 2099, passed 8-12-12; Am. Ord. 2291, passed 10-25-18)