TITLE III: ADMINISTRATION

Chapter

30. GENERAL PROVISIONS

31. MUNICIPAL PROPERTY

32. VILLAGE BOARD

33. EMPLOYEES AND OFFICIALS

34. ELECTIONS

35. VILLAGE ORGANIZATIONS

36. FINANCE AND TAXATION

CHAPTER 30: GENERAL PROVISIONS

Section

General Provisions

30.01 Forms; official municipal

30.02 Eminent domain

30.03 Intergovernmental risk management

Swimming Pool

30.15 Ownership

30.16 Admission charge

30.17 Rentals

30.18 Rules and regulations

Library Provisions

30.30 Operation and funding

30.31 Library Board; general powers and duties

30.32 Improper book removal

30.33 Cost of use

30.34 Grounds and building

30.35 Sale and conveyance of real estate

30.36 Mortgages; release or renewal

30.37 Discrimination prohibited

30.38 Annual report

30.39 Penalties; recovery; disposition

30.40 Donations

Initiative and Referendum

30.55 Definitions

30.56 Petitions; ballots

30.57 Petitions; form

30.58 Signature sheets

30.59 Petitions; affidavit

30.60 Petitions; notification

30.61 Frequency of occurrence

30.62 Direct vote

30.63 Elections

30.64 Ballots

30.65 Initiative

30.66 Referendum limitations

30.67 Referendum; passage

30.68 Applicability

30.69 Declaratory judgment

30.99 Penalty

Cross-reference: For general provisions on the Library Board, see ' 35.07

GENERAL PROVISIONS

' 30.01 FORMS; OFFICIAL MUNICIPAL.

Unless otherwise provided, all municipal license applications, license forms and notice forms shall be substantially as follows, unless otherwise provided by the governing body:

Notice Form:

NOTICE TO.......................................

................., Nebraska ..................., 20

To:................................................................................................................, owner (occupant) of the premises known as No......................................Street, legacy described as follows, to-wit: ........................................................YOU ARE HEREBY NOTIFIED to ..... ................................................................................................................................ ..... YOU ARE FURTHER NOTIFIED that failure to comply with this order constitutes a violation of the ordinances of said..........., and that your failure renders you liable to prosecution and fine in the Police Court of said .........................................................

..............................................

Municipal Clerk

RETURN

STATE OF NEBRASKA.......

County of................... of.................

I, .......................................... Municipal Clerk of the............of................., Nebraska, hereby certify that on the.................day of................. 20....., at............o=clock, ...M., I served the within notice on said............................................by delivering a true and correct copy thereof to said............................................, personally (or by posting a typewritten copy thereof on said premises).

............................................

Municipal Clerk

CERTIFICATE

I..........................................., Municipal Clerk of the ....... of .............................., Nebraska, hereby certify that the foregoing is a true, accurate and correct copy of a notice............ ........................... now in my hands for service with all endorsements thereon.

Dated....................................., 20........

.............................................

Municipal Clerk

Application Form

APPLICATION FOR .................. LICENSE

..............., Nebraska

................. , 20....

I, ................................................. hereby make application to the.......................and.... ............................. of the................................. of ......................., Nebraska, for license to ........................................ in said ................... for period ending ......................., 20... I certify that I am .................................. and qualified to engage in ...................................... I agree to conform strictly to the ordinances of this ........................ relative to said .................., and obey all orders, requirements and regulations of its lawfully constituted authorities.

I include with this application all required documents.

I accompany this application with ........................................Dollars ($.........) in payment of the occupation tax in the sum of.............................Dollars ($..........), and bond for approval of the ........... and ......................... of said ..........., and other charges required by ordinance for the issuance of said license.

..........................................................

Applicant

License Form:

........................................ LICENSE

License Fee $ FOR THE CALENDAR YEAR No. 20

KNOW ALL MEN BY THESE PRESENTS:

THAT ............. having paid $ ........ the fee provided by law to ........................ pursuant to application fifed in the office of undersigned,

NOW THEREFORE, said............................................. Nebraska to ................ from the date last hereinafter written to December 31, 20...: Said license is issued on condition that licensee and his or her employees shall at all times ............................................................................... ................................................................................................................................. ............................................................................................................................

This license is neither negotiable nor transferable and shall be of no force and effect outside the corporate limits of the municipality and if revoked and forfeited renders licensee ineligible to receive a new license for a period of one year from the date of such revocation and forfeiture.

Dated at ..............................., Nebraska, this ......... day of................, 20....

....................................................

Municipal Clerk

(SEAL)

(1971 Code, ' 1-1101)

' 30.02 EMINENT DOMAIN.

The governing body may, after negotiations in good faith have failed, bring condemnation actions for the acquisition of property within the municipality. Such procedure shall be prescribed by state law and damages shall be paid to the condemned according to the provisions therein. (1971 Code, ' 1-1001) Statutory reference: Related provisions, see Neb. RS 76-701 through 76-724

' 30.03 INTERGOVERNMENTAL RISK MANAGEMENT

(A) PUBLIC AGENCY means any county, city, village, school district, public power district, rural fire district or other political subdivision of this state, the State of Nebraska, the University of Nebraska and any corporation whose primary function is to act as an instrumentality or agency of the state.

(B) The Board of Trustees and any one or more public agencies may make and execute an agreement providing for joint and cooperative action in accordance with the Intergovernmental Risk Management Act, being Neb. RS 44-4301 through 44-4339, to form, become members of and operate a risk management pool for the purpose of providing to members risk management services and insurance coverages in the form of group self-insurance or standard insurance, including any combination of group self-insurance and standard insurance, to protect members against losses arising from any of the following:

(1) General liability;

(2) Damage, destruction or loss of real or personal property, including, but not limited to, loss of use or occupancy, and loss of income or extra expense resulting from loss of use or occupancy;

(3) Errors and omissions liability; and

(4) Workers= compensation liability.

(C) The Board of Trustees and any one or more public agencies, other than school districts and educational service units, may make and execute an agreement providing for joint and cooperative action in accordance with the act to form, become members of and operate a risk management pool for the purpose of providing to members risk management services and insurance coverages in the form of group self-insurance or standard insurance, including any combination of group self-insurance and standard insurance, to provide health, dental, accident and life insurance to member=s employees and officers. (1971 Code, ' 1-1301) (Ord. 437, passed 9-14-1987; Ord. 689, passed 10-14-2002) Statutory reference: Related provisions, see Neb. RS 44-4304

SWIMMING POOL

' 30.15 OWNERSHIP.

The municipality owns and manages the municipal swimming pool. The governing body, for the purpose of defraying the cost of the management, maintenance and improvements of the swimming pool shall each year levy a tax not exceeding the maximum limit prescribed by state law, on the actual valuation of all real estate and personal property within the municipality that is subject to taxation. The revenue from the said tax shall be known as the Swimming Pool Fund and shall include all gifts, grants, deeds of conveyance, bequests or other valuable income-producing personal property and real estate from any source for the purpose of endowing the swimming pool. The Swimming Pool Fund shall at all times be in the custody of the Municipal Treasurer. The governing body shall manage the swimming pool. The governing body shall have the power and authority to hire and supervise the swimming pool manager and such employees as, it may deem necessary and shall pass such rules and regulations for the operation of the swimming pool as may be proper for its efficient operation. (1971 Code, ' 3-101) Statutory reference: Related provisions, see Neb. RS 17-948, 17-951, 17-952

' 30.16 ADMISSION CHARGE.

The governing body may, for the purpose of defraying the expenses involved in maintaining, improving, managing and beautifying the swimming pool, make a reasonable admission charge for the use by any person of the municipal swimming pool. The said charges shall be on file at the office of the Municipal Clerk and shall also be posted in a conspicuous place at the municipal swimming pool for public inspection. Such rates may be structured for classes of persons in a reasonable manner; provided, that nothing herein shall be construed to permit or allow discrimination on the basis of race, creed, color or national origin in the classification of persons for admission charges. (1971 Code, ' 3-102) Statutory reference: Related provisions, see Neb. RS 17-949

' 30.17 RENTALS.

The governing body shall have the authority to rent the municipal swimming pool to such organizations and other persons as it, in its discretion, may see fit. The governing body shall prescribe rules and regulations for such rentals and shall require an appropriate number of qualified lifeguards to be in attendance during the rental period. Such fees and other costs shall be on file at the office of the Municipal Clerk and posted in a conspicuous place at the municipal swimming pool. (1971 Code, ' 3-103) Statutory reference: Related provisions, see Neb. RS 17-949

' 30.18 RULES AND REGULATIONS.

The governing body shall have the power and authority to enact bylaws, rules and regulations for the protection of those using the swimming pool and for the efficient management thereof. It may provide suitable penalties for the violation of such bylaws, rules and regulations. (1971 Code, ' 3-104) Statutory reference: Related provisions, see Neb. RS 17-949

LIBRARY PROVISIONS

' 30.30 OPERATION AND FUNDING.

(A) The municipality owns and manages the municipal library through the Library Board.

(B) The governing body, for the purpose of defraying the cost of the management, purchases, improvements and maintenance of the library may each year levy a tax not exceeding the maximum limit prescribed by state law, on the taxable value of all the taxable property within the municipality. The amount collected from the levy shall be known as the Library Fund.

(C) The fund shall also include all gifts, grants, deeds of conveyance, bequests or other valuable income-producing personal property and real estate from any source for the purpose of endowing the municipal library.

(D) All taxes levied or collected and all funds donated or in any way acquired for the erection, maintenance or support of the municipal library shall be kept for the use of the library separate and apart from all other funds of the municipality, shall be drawn upon and paid out by the Municipal Treasurer upon vouchers signed by the President of the Library Board and authenticated by the Secretary of the Board, and shall not be used or disbursed for any other purpose or in any other manner. The governing body may establish a public library sinking fund for major capital expenditures.

(E) Any money collected by the library shall be turned over monthly by the librarian to the Municipal Treasurer along with a report of the sources of the revenue. (1971 Code, ' 3-301) (Ord. 702, passed 10-14-2002) Statutory reference: Related provisions, see Neb. RS 51-201, 51-209

' 30.31 LIBRARY BOARD; GENERAL POWERS AND DUTIES.

(A) The Library Board shall have the power to make and adopt such bylaws, rules and regulations for its own guidance and for the government of the library and reading room as it may deem expedient, not inconsistent with Neb. RS 51-201 through 51-219.

(B) The Library Board shall have exclusive control of expenditures, of all money collected or donated to the credit of the Library Fund, of the renting and construction of any library building, and the supervision, care and custody of the grounds, rooms or buildings constructed, leased or set apart for that purpose.

(C) The Library Board shall have the power to appoint a suitable librarian and assistants, to fix their compensation, and to remove such appointees at pleasure. It shall have the power to establish rules and regulations for the government of the library as may be deemed necessary for its preservation and to maintain its usefulness and efficiency. It shall have the power to fix and impose, by general rules, penalties and forfeitures for trespasses upon or injury to the library grounds, rooms, books or other property, for failure to return any book, or for violation of any bylaw, rule or regulation. The Board shall have and exercise such power as may be necessary to carry out the spirit and intent of Neb. RS 51-201 through 51-219 in establishing and maintaining the library and reading room. (1971 Code, ' 3-303) (Ord. 702, passed 10-14-2002) Statutory reference: Related provisions, see Neb. RS 51-205, 51-207, 51-211

' 30.32 IMPROPER BOOK REMOVAL.

It shall be unlawful for any person not authorized by the regulations made by the Library Board to take a book or any other material from the library, without the consent of the librarian or an authorized employee of the library. Any person removing a book or other material from the library without properly checking it out shall be deemed to be guilty of an offense. (1971 Code, ' 3-307) (Ord. 702, passed 10-14-2002) Penalty, see ' 30.99

' 30.33 COST OF USE.

(A) Except as provided in division (B) below, the municipal library and reading room shall be forever free to the use of the inhabitants of the municipality, subject always to such reasonable regulations as the Library Board may adopt to render the library of the greatest use to such inhabitants. The Library Board may exclude from the use of the library and reading rooms any person who willfully violates or refuses to comply with rules and regulations established for the government thereof.

(B) The library shall make its basic services available without charge to all residents of the municipality. The Library Board may fix and impose reasonable fees, not to exceed the library=s actual cost, for non-basic services.

(C) For purposes of this section:

(1) Basic services shall include, but not be limited to, free loan of circulating print and non-print materials from the local collection and general reference and information services; and

(2) Non-basic services shall include, but not be limited to, use of:

(a) Photocopying equipment;

(b) Telephones, facsimile equipment and other telecommunications equipment;

(c) Media equipment;

(d) Personal computers; and

(e) Videocassette recording and playing equipment. (1971 Code, ' 3-308) (Ord. 702, passed 10-14-2002) Statutory reference: Related provisions, see Neb. RS 51-201.01, 51-211, 51-212

' 30.34 GROUNDS AND BUILDING.

(A) The Library Board may purchase or lease grounds, exercise the power of eminent domain and condemn real estate for the purpose of securing a site for a library building. The procedure to condemn property shall be exercised in the manner set forth in Neb. RS 76-704 through 76-724.

(B) The Board may erect, lease or occupy an appropriate building for the use of the library. (1971 Code, ' 3-310) (Ord. 702, passed 10-14-2002) Statutory reference: Related provisions, see Neb. RS 51-210, 51-211

' 30.35 SALE AND CONVEYANCE OF REAL ESTATE.

The Library Board may, by resolution, direct the sale and conveyance of any real estate owned by the Board or by the municipal library, which is not used for library purposes, or of any real estate so donated or devised to the Board or to the library upon such terms as the Board may deem best and as otherwise provided in Neb. RS 511-216. (1971 Code, ' 3-311) (Ord. 702, passed 10-14-2002) Statutory reference: Related provisions, see Neb. RS 51-216

' 30.36 MORTGAGES; RELEASE OR RENEWAL.

(A) The President of the Library Board shall have the power to release, upon fall payment, any mortgage constituting a credit to the Library Fund and standing in the name of the Library Board.

(B) The signature of the President on any such release shall be authenticated by the Secretary of the Board.

(C) The President and Secretary in like manner, upon resolution duly passed and adopted by the Board, may renew any such mortgage. (1971 Code, ' 3-312) (Ord. 702, passed 10-14-2002) Statutory reference: Related provisions, see Neb. RS 51-206

' 30.37 DISCRIMINATION PROHIBITED.

No library service shall be denied to any person because of race, sex, religion, age, color, national origin, ancestry, physical handicap or marital status. (1971 Code, ' 3-313) (Ord. 702, passed 10-14-2002) Penalty, see ' 30.99 Statutory reference: Related provisions, see Neb. RS 51-211

' 30.38 ANNUAL REPORT.

(A) The Library Board shall, on or before the second Monday in February in each year, make a report to the Village Board of the condition of its trust on the last day of the prior fiscal year.

(B) The report shall show all money received and credited or expended; the number of materials held, including books, video and audio materials, software programs and materials in other formats; the number of periodical subscriptions on record, including newspapers; the number of materials added and the number withdrawn from the collection during the year; the number of materials circulated during the year; and other statistics, information and suggestions as the Library Board may deem of general interest or as the Village Board may require.

(C) The report shall be verified by affidavit of the President and Secretary of the Library Board. (1971 Code, ' 3-314) (Ord. 702, passed 10-14-2002; Ord. 743, passed 11-8-2004) Statutory reference: Related provisions, see Neb. RS 51-213

' 30.39 PENALTIES; RECOVERY; DISPOSITION.

Penalties imposed or accruing by any bylaw or regulation of the Library Board and any court costs and attorney=s fees may be recovered in a civil action before any court having jurisdiction, such action to be instituted in the name of the Library Board. Money, other than any court costs and attorney=s fees, collected in such actions shall be placed in the treasury of the municipality to the credit of the Library Fund. Attorney=s fees collected pursuant to this section shall be placed in the treasury of the municipality and credited to the budget of the Municipal Attorney=s office. (1971 Code, ' 3-315) (Ord. 702, passed 10-14-2002) Statutory reference: Related provisions, see Neb. RS 51-214

' 30.40 DONATIONS.

Any person may make donation of money, lands or other property for the benefit of the municipal library. The title to property so donated may be made to and shall vest in the Library Board and its successors in office, and the Board shall thereby become the owners thereof in trust to the uses of the municipal library. (1971 Code, ' 3-316) (Ord. 702, passed 10-14-2002) Statutory reference: Related provisions, see Neb. RS 51-215

INITIATIVE AND REFERENDUM

' 30.55 DEFINITIONS.

The powers of initiative and referendum are reserved to the qualified electors of the municipality by state law. This subchapter shall govern the use of initiative to enact, and the use of referendum to amend or repeal measures affecting the governance of the municipality. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

CIRCULATOR. Any person who solicits signatures for an initiative or referendum petition.

CLERK. The Municipal Clerk or the municipal official in charge of elections.

GOVERNING BODY. The legislative authority of the municipality.

MEASURE. An ordinance, charter provision or resolution which is within the legislative authority of the governing body to enact, and which is not excluded from the operation of referendum by the exceptions in ' 30.66.

MUNICIPALITY. The Village of Trenton, Nebraska.

PETITION. A document authorized for circulation pursuant to ' 30.56, or any copy of such document.

PROSPECTIVE PETITION. A sample document containing the information necessary for a completed petition, including a sample signature sheet, which has not yet been authorized for circulation.

QUALIFIED ELECTORS. All persons registered to vote, at the time the prospective petition is filed, in the jurisdiction governed or to be governed by any measure sought to be enacted by initiative, or altered or repealed by referendum.

SIGNATURE SHEET. A sheet of paper which is part of a petition and which is signed by persons wishing to support the petition effort. (1971 Code, ' 1-1201) (Ord. 372, passed 10-11-1982) Statutory reference: Related provisions, see Neb. RS 18-2501 through 18-2511

' 30.56 PETITIONS; BALLOTS.

(A) Before circulating an initiative or referendum petition, the petitioner shall file with the Clerk a prospective petition. The Clerk shall date the prospective petition immediately upon its receipt. The Clerk shall verify that the prospective petition is in proper form, and shall provide a ballot title for the initiative or referendum proposal, as described below. If the prospective petition is in proper form, the Clerk shall authorize the circulation of the petition and such authorization shall be given within three working days from the date the prospective petition was filed. If the form of the prospective petition is incorrect in any way, the Clerk shall, within three working days from the date the prospective petition was filed, inform the petitioner of necessary changes and request that those changes be made.

(B) When the requested changes have been made and the revised prospective petition has been submitted to the Clerk in proper form, the Clerk shall authorize the circulation of the petition and such authorization shall be given within two working days from the receipt of the properly revised petition.

(C) The ballot title of any measure to be initiated or referred shall consist of:

(1) A briefly-worded caption by which the measure is commonly known or which accurately summarizes the measure;

(2) A briefly-worded question which plainly states the purpose of the measure, and is phrased so that an affirmative response to the question corresponds to an affirmative vote on the measure; and

(3) A concise and impartial statement, of not more than 75 words, of the chief purpose of the measure.

(D) The ballots used when voting on an initiative or referendum proposal shall contain the entire ballot title. Proposals for initiative and referendum shall be submitted on separate ballots and the ballots shall be printed in lower case ten-point type, except that the caption shall be in black face. All initiative and referendum measures shall be submitted in a nonpartisan manner without indicating or suggesting on the ballot that they have or have not been approved or endorsed by any political party or organization. (1971 Code, ' 1-1202) (Ord. 372, passed 10-11-1982) Statutory reference: Related provisions, see Neb. RS 18-2512, 18-2513

' 30.57 PETITIONS; FORM.

(A) The forms designed by the Secretary of State to be used for initiative and referendum petitions shall be made available to the public by the Village Clerk, and they shall serve as a guide for individuals preparing prospective petitions. Substantial compliance with initiative and referendum forms is required before authorization to circulate such petition shall be granted by the Village Clerk. Chief petitioners or circulators preparing prospective petitions shall be responsible for making copies of the petition for circulation after authorization for circulation has been granted.

(B) Each petition presented for signature must be identical to the petition authorized for circulation by the Village Clerk. Every petition shall contain the name and place of residence of not more than three persons as chief petitioners or sponsors of the measure. The chief petitioners or sponsors shall be qualified electors of the municipality potentially affected by the initiative or referendum proposal. Every petition shall contain the caption and the statement specified to be part of the ballot title. When a special election is being requested, such fact shall be stated on every petition. (1971 Code, ' 1-1203) (Ord. 372, passed 10-11-1982; Ord. 729, passed 1-12-2004) Statutory reference: Related provisions, see Neb. RS 18-2514, 18-2515

' 30.58 SIGNATURE SHEETS.

(A) Every signature sheet shall:

(1) Contain the caption required in ' 30.56(C)(1);

(2) Be part of a complete and authorized petition when presented to potential signatories;

(3) Provide space for signatories to write their names, residential addresses and the date of signing; and

(4) Contain a statement that anyone falsifying information on a signature sheet shall be subject to penalties provided by law.

(B) No more than 25 signatures on each signature sheet shall be counted. In order to be valid, a signature shall be that of an individual registered to vote, at the time of signing, in the jurisdiction governed or to be governed by the measure addressed in the petition. A signature shall include the signatory=s full name, his or her residential address and the date of signing. No signatory shall use ditto marks as a means of affixing his or her address or date on any petition. A wife shall not use her husband=s Christian or given name when she signs a petition and she shall sign her own Christian or given name along with her surname. (1971 Code, ' 1-1204) (Ord. 372, passed 10-11-1982) Statutory reference: Related provisions, see Neb. RS 18-2516

' 30.59 PETITIONS; AFFIDAVIT.

(A) Included in the contents of every petition shall be an affidavit, to be signed by the circulator in the presence of a notary, which states that the circulator is a qualified elector, that each person who signed the petition did so in the presence of the circulator on the date indicated and that the circulator believes that each signatory was registered to vote in the affected jurisdiction at the time he or she signed the petition and that the circulator believes that each signatory has stated his or her name and address correctly.

(B) When a special election is being requested, such fact shall be stated in the petition. (1971 Code, ' 1-1205) (Ord. 372, passed 10-11-1982) Statutory reference: Related provisions, see Neb. RS 18-2517

' 30.60 PETITIONS; NOTIFICATION.

(A) Signed petitions shall be filed with the Clerk for signature verification. Upon the filing of a petition, and passage of a resolution by the governing body, the municipality and the County Clerk or Election Commissioner of the county in which such municipality is located may, by mutual agreement, provide that the County Clerk or Election Commissioner shall ascertain whether the petition is signed by the requisite number of voters. The municipality shall reimburse the county for any costs incurred by the County Clerk or Election Commissioner. When the verifying official has determined that 100% of the necessary signatures required by this subchapter have been obtained, he or she shall notify the governing body of that fact, and shall immediately forward to the governing body a copy of the petition.

(B) In order for an initiative or referendum proposal to be submitted to the governing body and the voters, the necessary signatures shall be on file with the Clerk within six months from the date the prospective petition was authorized for circulation. If the necessary signatures are not obtained by such date, the petition shall be void. (1971 Code, ' 1-1206) (Ord. 372, passed 10-11-1982) Statutory reference: Related provisions, see Neb. RS 18-2518

' 30.61 FREQUENCY OF OCCURRENCE.

The same measure, either in form or in essential substance, may not be submitted to the people by initiative petition, either affirmatively or negatively, more often than once every two years. No attempt to repeal or alter an existing measure or portion of such measure by referendum petition may be made within two years from the last attempt to do the same. Such prohibition shall apply only when the subsequent attempt to repeal or alter is designed to accomplish the same, or essentially the same purpose as the previous attempt. (1971 Code, ' 1-1207) (Ord. 372, passed 10-11-1982) Statutory reference: Related provisions, see Neb. RS 18-2519

' 30.62 DIRECT VOTE.

The executive officer and governing body of the municipality may at any time, by resolution, provide for the submission to a direct vote of the electors of any measure pending before it, enacted by it, or enacted by the electors under this subchapter and may provide in such resolution that such shall be submitted at a special election or the next regularly scheduled primary or general election. Immediately upon the passage of any such resolution for submission, the Clerk shall cause such measure to be submitted to a direct vote of the electors, at the time specified in such resolution and in the manner provided in this subchapter for submission of measures upon proposals and petitions filed by voters. Such matter shall become law if approved by a majority of the votes cast. (1971 Code, ' 1-1208) (Ord. 372, passed 10-11-1982) Statutory reference: Related provisions, see Neb. RS 18-2520

' 30.63 ELECTIONS.

The Clerk shall call elections under this subchapter, either at a special election or regularly scheduled primary or general election. He or she shall cause notice of every such election to be printed in one or more newspapers of general circulation in such municipality and also posted in the office of the Clerk and three or more conspicuous places in such municipality at least 30 days prior to such election. The Clerk shall cause copies of measures initiated or referred to be printed in pamphlet form, and furnish the same to the electors of such municipality upon their application or order. Such notice provided in this section shall designate where such copies may be obtained. (1971 Code, ' 1-1209) (Ord. 372, passed 10-11-1982) Statutory reference: Related provisions, see Neb. RS 18-2521

' 30.64 BALLOTS.

All ballots for use in special elections under this subchapter shall be prepared and furnished by the Clerk, unless the governing body contracts with the county for such service, and shall be in form the same as provided by law for election of the executive officer and governing body of such municipality. When ordinances under such sections are submitted to the electors at a regularly scheduled primary or general election, they shall be placed upon the official ballots as provided in this subchapter. (1971 Code, ' 1-1210) (Ord. 372, passed 10-11-1982) Statutory reference: Related provisions, see Neb. RS 18-2522

' 30.65 INITIATIVE.

(A) The power of initiative allows citizens the right to enact measures affecting the governance of the municipality. An initiative proposal shall not have as its primary or sole purpose the repeal or modification of existing law, except if such repeal or modification is ancillary to and necessary for the adoption and effective operation of the initiative measure.

(B) An initiative shall not be effective if the direct or indirect effect of the passage of such initiative measure shall be to repeal or alter an existing law, or portion thereof, which is not subject to referendum or subject only to limited referendum pursuant to ' 30.66.

(C) Whenever an initiative petition bearing signatures equal in number to at least 15% of the qualified electors of a municipal subdivision has been filed with the Clerk and verified, it shall be the duty of the governing body to consider enactment of the measure contained in the petition. If the governing body fails to enact the measure without amendment, within 30 days from the date it received notification, the Clerk shall cause the measure to be submitted to a vote of the people at the next regularly scheduled primary or general election held within the municipality.

(D) Whenever an initiative petition bearing signatures equal in number to at least 20% of the qualified electors which requests that a special election be called to submit the initiative measure to a vote of the people, has been filed with the Clerk and verified, it shall be the duty of the governing body to consider enactment of the measure contained in the petition. If the governing body fails to enact the measure, without amendment, within 30 days from the date it received notification, the Clerk shall cause the measure to be submitted to a vote of the people at a special election called for such purpose. The date of such election shall not be less than 30 nor more than 60 days from the date the governing body received notification pursuant to ' 30.60.

(E) If a majority of voters voting on the initiative measure shall vote in favor of such measure, it shall immediately become a valid and binding measure of the municipality. A measure adopted by such method shall not be amended or repealed except by two-thirds majority of the members of the governing body. No such attempt to amend or repeal shall be made within one year from the adoption of the measure by the electors. (1971 Code, ' 1-1211) (Ord. 372, passed 10-11-1982) Statutory reference: Related provisions, see Neb. RS 18-2523 through 18-2526

' 30.66 REFERENDUM LIMITATIONS.

(A) The power of referendum allows citizens the right to repeal or amend existing measures, or portions thereof, affecting the governance of the municipality.

(B) The following measures shall not be subject to referendum or limited referendum:

(1) Measures necessary to carry out contractual obligations including, but not limited to, those relating to the issuance of or provided for in bonds, notes, warrants or other evidences of indebtedness, for projects previously approved by a measure which was, or is, subject to referendum or limited referendum or previously approved by a measure adopted prior to July 17, 1982;

(2) Measures relating to any industrial development projects, subsequent to measures giving initial approval to such projects;

(3) Measures adopting proposed budget statements following compliance with procedures set forth in the Nebraska Budget Act;

(4) Measures relating to the immediate preservation of the public peace, health or safety which have been designated as urgent measures by unanimous vote of those present and voting of the governing body and approved by its executive officer;

(5) Measures relating to projects for which notice has been given as provided for in division (E) below for which a sufficient referendum petition was not filed within the time limit stated in such notice or which received voter approval after the filing of such petition;

(6) Resolutions directing the Municipal Clerk to cause measures to be submitted to a vote of the people at a special election as provided in Neb. RS 18-2524 and 18-2529;

(7) Resolutions ordering an earlier effective date for measures enacted by initiative as provided in Neb. RS 18-2526;

(8) Measures relating to any facility or system adopted or enacted pursuant to the Integrated Solid Waste Management Act by the municipality and which are necessary to carry out contractual obligations provided for in previously issued bonds, notes, warrants or other evidence of indebtedness;

(9) Measures that amend, supplement, change, modify or repeal a zoning regulation, restriction or boundary and are subject to protest as provided in Neb. RS 19-905;

(10) Measures relating to personnel issues, including, but not limited to, establishment, modification or elimination of any personnel position, policy, salary or benefit and any hiring, promotion, demotion or termination of personnel; and

(11) Measures relating to matters subject to the provisions of the Municipal Natural Gas System Condemnation Act.

(C) The following measures shall be subject to limited referendum:

(1) Measures in furtherance of a policy of the municipality or relating to projects previously approved by a measure which was subject to referendum or which was enacted by initiative or has been approved by the voters at an election, except that such measures shall not be subject to referendum or limited referendum for a period of one year after any such policy or project was approved at a referendum election, enacted by initiative, or approved by the voters at an election;

(2) Measures relating to the acquisition, construction, installation, improvement or enlargement, including the financing or refinancing of the costs of public ways, public property, utility systems and other capital projects and measures giving initial approval for industrial development projects;

(3) Measures setting utility system rates and charges, except for measures necessary to carry out contractual obligations provided for in previously issued bonds, notes, warrants or other evidences of indebtedness, and pay rates and salaries for municipal employees other than the members of the governing body and its executive officer; and

(4) Measures relating to any facility or system adopted or enacted pursuant to the Integrated Solid Waste Management Act by the municipality except for measures necessary to carry out contractual obligations provided for in previously issued bonds, notes, warrants or other evidence of indebtedness.

(D) Measures subject to limited referendum shall ordinarily take effect 30 days after their passage by the governing body. Referendum petitions directed at measures subject to limited referendum shall be filed for signature verification pursuant to Neb. RS 18-2518 within 30 days after such measure=s passage by the governing body or after notice is first published pursuant to division (E)(3) below. If the necessary number of signatures as provided in Neb. RS 18-2529 or Neb. RS 18-2530 has been obtained within the time limitation, the effectiveness of the measure shall be suspended unless approved by the voters.

(E) For any measure relating to the acquisition, construction, installation, improvement or enlargement of public ways, public property, utility systems or other capital projects or any measure relating to any facility or system adopted or enacted pursuant to the Integrated Solid Waste Management Act, the municipality may exempt all subsequent measures relating to the same project from the referendum and limited referendum procedures provided for in this subchapter by the following procedure:

(1) By holding a public hearing on the project, the time and place of such hearing being published at least once not less than five days prior to the date set for hearing in a newspaper of general circulation within the municipality;

(2) By passage of a measure approving the project at a meeting held on any date subsequent to the date of hearing;

(3) After passage of such measure by giving notice as follows.

(a) For those projects for which applicable statutes require an ordinance or resolution of necessity, creating a district or otherwise establishing the project, notice shall be given for such project by including either as part of such ordinance or resolution or as part of any publicized notice concerning such ordinance or resolution a statement that the project as described in the ordinance or resolution is subject to limited referendum for a period of 30 days after the first publication of such notice and that after such 30-day period, the project and measures related to it will not be subject to any further right of referendum.

(b) For projects for which applicable statutes do not require an ordinance or resolution of necessity, notice shall be given by publication of a notice concerning such projects stating in general terms the nature of the project and the engineer=s estimate of costs of such project and stating that the project described in the notice is subject to limited referendum for a period of 30 days after the first publication of such notice and that, after such 30-day period, the project and measures related to it will not be subject to any further right of referendum. The notice required by this division (E)(3)(b) shall be published in at least one newspaper of general circulation within the municipality and shall be published not later than 15 days after passage by the governing body of a measure approving the project.

(4) The right of the municipality to hold such a hearing prior to the passage of the measure by the governing body and give such notice after passage of such measure by the governing body to obtain exemption for any particular project in a manner described in this division (E) is optional, and the municipality shall not be required to hold such a hearing or give such notice for any particular project.

(F) Nothing in divisions (C) and (E) above shall be construed as subjecting to limited referendum any measure related to matters subject to the provisions of the Municipal Natural Gas System Condemnation Act.

(G) All measures, except as provided in divisions (B), (C) and (E) above, shall be subject to the referendum procedure at any time after such measure has been passed by the governing body or enacted by the voters by initiative. (1971 Code, ' 1-1212) (Ord. 372, passed 10-11-1982; Ord. 510, passed 4-12-1993; Ord. 611, passed 3-12-2001; Ord. 717, passed 10-13-2003) Statutory reference: Related provisions, see Neb. RS 18-2528

' 30.67 REFERENDUM; PASSAGE.

(A) Whenever a referendum petition bearing signatures equal in number to at least 15% of the qualified electors of the municipality has been filed with the Clerk and verified, it shall be the duty of the governing body to reconsider the measure or portion of such measure which is the object of the referendum. If the governing body fails to repeal or amend the measure or portion thereof in the manner proposed by the referendum, the Clerk shall cause the measure to be submitted to a vote of the people at the next regularly scheduled primary or general election held within the municipality, within 30 days from the date the governing body receives notification.

(B) Whenever a referendum petition bearing signatures equal in number to at least 20% of the qualified voters of the municipality which requests that a special election be called to submit the referendum measure to a vote of the people, has been filed with the Clerk and verified, it shall be the duty of the governing body to reconsider the measure or portion of such measure which is the object of the referendum. If the governing body fails to repeal or amend the measure or portion thereof, in the manner proposed by the referendum, the Clerk shall cause the measure to be submitted to a vote of the people at a special election called for such purpose within 30 days from the date the governing body received notification. The date of such special election shall not be less than 30 nor more than 60 days from the date the governing body received notification.

(C) If a majority of the electors voting on the referendum measure shall vote in favor of such measure, the law subject to the referendum shall be repealed or amended. A measure repealed or amended by referendum shall not be reenacted or returned to its original form except by a two-thirds majority of the members of the governing body. No such attempt to reenact or return the measure to its original form shall be made within one year of the repeal or amendment of the measure by the electors. If the referendum measure does not receive a majority vote, the ordinance shall immediately become effective or remain in effect. (1971 Code, ' 1-1213) (Ord. 372, passed 10-11-1982) Statutory reference: Related provisions, see Neb. RS 18-2529 through 18-2531

' 30.68 APPLICABILITY.

(A) The provisions of the statutes of the state relating to election officers, voting places, election apparatus and blanks, preparation and form of ballots, information to voters, delivery of ballots, calling of elections, conduct of elections, manner of voting, counting of votes, records and certificates of election, and recounts of votes, so far as applicable, shall apply to voting on ordinances by the electors pursuant to this subchapter.

(B) Nothing in this subchapter shall apply to procedures for initiatives or referendums provided in Neb. RS 18-412 and 18-412.02 relating to municipal light and power plants, Neb. RS 70-504, 70-650.01 and 70-650.02, relating to public power districts and Neb. RS 80-203 to 80-205 relating to soldiers and sailors monuments. (1971 Code, ' 1-1215) (Ord. 372, passed 10-11-1982) Statutory reference: Related provisions, see Neb. RS 18-2536, 18-2537

' 30.69 DECLARATORY JUDGMENT.

(A) The village or any chief petitioner may seek a declaratory judgment regarding any questions arising under this subchapter, as it may be from time to time amended, including, but not limited to, determining whether a measure is subject to referendum or limited referendum or whether a measure may be enacted by initiative. If a chief petitioner seeks a declaratory judgment, the village shall be served by personal, residence or certified mail service upon the chief executive officer or Village Clerk. The village seeks a declaratory judgment, only the chief petitioner or chief petitioners shall be required to be served.

(B) Any action brought for declaratory judgment for purposes of determining whether a measure is subject to limited referendum or referendum, or whether a measure may be enacted by initiative, may be filed in the District Court at any time after the filing of a referendum or initiative petition with the Village Clerk for signature verification until 40 days from the date the Board of Trustees received notification from the verifying official that the necessary signatures have been obtained. If the village does not bring an action for declaratory judgment to determine whether the measure is subject to limited referendum or referendum, or whether the measure may be enacted by initiative, until after it has received such notification, it shall be required to proceed with the initiative or referendum election in accordance with the provisions of this subchapter. If the village does file such an action prior to receiving such notification, it shall not be required to proceed to hold such election until a final decision has been rendered in the action.

(C) Any action for a declaratory judgment shall be governed generally by Neb. RS 25-21,149 through 25-21,164, except that only the village and each chief petitioner shall be required to be made parties. The village, Village Clerk, Board of Trustees or any of the village=s officers shall be entitled to rely on any order rendered by the court in any such proceeding. Any action brought for declaratory judgment pursuant to this section shall be given priority in scheduling hearings and in disposition as determined by the court. When an action is brought to determine whether the measure is subject to limited referendum or referendum, or whether a measure may be enacted by initiative, a decision shall be rendered by the court no later than five days prior to the election.

(D) The provisions of this section relating to declaratory judgments shall not be construed as limiting, but construed as supplemental and additional to other rights and remedies conferred by law. (1971 Code, ' 1-1216) (Ord. 372, passed 10-11-1982; Ord. 729, passed 1-12-2004) Statutory reference: Related provisions, see Neb. RS 18-2538

' 30.99 PENALTY.

(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to ' 10.99.

(B) It shall be unlawful for any person to fail to comply with the provisions herein, and every person failing to comply with or violating any of the provisions of '' 30.01 through 30.03, 30.55 through 30.69, shall be deemed to be guilty of a misdemeanor, and upon conviction thereof, shall for each offense, be fined in any sum not exceeding $500. (1971 Code, ' 1-1401)

(C) (1) Whoever knowingly or willfully makes a false affidavit or takes a false oath regarding the qualifications of any person to sign petitions under Neb. RS 18-2501 through 18-2531 shall be guilty of a Class I misdemeanor with a limit of $500 on the fine.

(2) Whoever falsely makes or willfully destroys a petition or any part thereof, or signs a false name thereto, or signs or files any petition knowing the same or any part thereof to be falsely made, or suppresses any petition, or any part thereof, which has been duly filed, pursuant to Neb. RS 18-2501 through 18-2531 shall be guilty of a Class I misdemeanor with a limit of $500 on the fine.

(3) Whoever signs any petition under Neb. RS 18-2501 through 18-2531, knowing that he or she is not a registered voter in the place where such petition is made, aids or abets any other person in doing any of the acts mentioned in this section, bribes or gives or pays any money or thing of value to any person directly or indirectly to induce him or her to sign such petition, or engages in any deceptive practice intended to induce any person to sign a petition, shall be guilty of a Class I misdemeanor with a limit of $500 on the fine.

(4) Any Clerk who willfully refuses to comply with the provisions of Neb. RS 18-2501 through 18-2531, or who willfully causes unreasonable delay in the execution of his or her duties under such sections shall be guilty of a Class IV felony but imprisonment shall not be included as part of the punishment and the fine shall not exceed $5,000. (1971 Code, ' 1-1214) (Ord. 372, passed 10-11-1982; Ord. 397, passed 11-14-1983) Statutory reference: Related provisions, see Neb. RS 18-2532 through 18-2535

CHAPTER 31: MUNICIPAL PROPERTY

Section

31.01 Maintenance and control

31.02 Sale and conveyance of real property

31.03 Sale and conveyance of personal property

31.04 Obstructions

31.05 Permitted obstructions

31.06 Signs and canopies

31.07 Acquisition of property; construction; elections, when required

31.08 Improvement district; land adjacent

31.09 Special improvement district; assessment and creation procedure

31.10 Acquisition of real property

31.11 Acquisition of property; appraisal

31.12 Public works involving architecture or engineering; requirements

' 31.01 MAINTENANCE AND CONTROL.

The governing body shall have the care, supervision and control of all public highways, bridges, streets, alleys, public squares and commons within the municipality, and shall cause the same to be kept open and in repair, and free from nuisances. (1971 Code, ' 8-101) Statutory reference: Related provisions, see Neb. RS 17-567

' 31.02 SALE AND CONVEYANCE OF REAL PROPERTY.

(A) Except as provided in division (G) below, the power of the village to convey any real property owned by it, including land used for park purposes and public squares, except real property used in the operation of public utilities, shall be exercised by resolution, directing the sale at public auction or by sealed bid of such property and the manner and terms thereof except that such property shall not be sold at public auction or by sealed bid when:

(1) Such property is being sold in compliance with the requirements of federal or state grants or programs;

(2) Such property is being conveyed to another public agency; or

(3) Such property consists of streets and alleys.

(B) The Board of Trustees may establish a minimum price for real property at which bidding shall begin or shall serve as a minimum for a sealed bid.

(C) After the passage of the resolution directing the sale, notice of all proposed sales of property described in division (A) above and the terms thereof shall be published once each week for three consecutive weeks in a legal newspaper published in or of general circulation in the village.

(D) (1) If, within 30 days after the third publication of the notice, a remonstrance against such sale is signed by registered voters of the village, equal in number to 30% of the registered voters of the village voting at the last regular municipal election held therein, and is filed with the Board of Trustees, such property shall not then, nor within one year thereafter, be sold. If the date for filing the remonstrance falls upon a Saturday, Sunday or legal holiday, the signatures shall be collected within the 30-day period, but the filing shall be considered timely if filed or postmarked on or before the next business day.

(2) Upon the receipt of the remonstrance, the Board of Trustees, with the aid and assistance of the Election Commissioner or County Clerk, shall determine the validity and sufficiency of signatures on the remonstrance. The Board of Trustees shall deliver the remonstrance to the Election Commissioner or County Clerk by hand carrier, by use of law enforcement officials, or by certified mail, return receipt requested.

(3) Upon receipt of the remonstrance, the Election Commissioner or County Clerk shall issue to the Board of Trustees a written receipt that the remonstrance is in the custody of the Election Commissioner or County Clerk. The Election Commissioner or County Clerk shall compare the signature of each person signing the remonstrance with the voter registration records to determine if each signer was a registered voter on or before the date on which the remonstrance was filed with the Board of Trustees. The Election Commissioner or County Clerk shall also compare the signer=s printed name, street and number or voting precinct, and village or post office address with the voter registration records to determine whether the signer was a registered voter. The signature and address shall be presumed to be valid only if the Election Commissioner or County Clerk determines that the printed name, street and number or voting precinct, and village or post office address matches the registration records and that the registration was received on or before the date on which the remonstrance was filed with the Board of Trustees. The determinations of the Election Commissioner or County Clerk may be rebutted by any credible evidence which the Board of Trustees finds sufficient. The express purpose of the comparison of names and addresses with the voter registration records, in addition to helping to determine the validity of the remonstrance, the sufficiency of the remonstrance, and the qualifications of the signer, shall be to prevent fraud, deception and misrepresentation in the remonstrance process.

(4) Upon completion of the comparison of names and addresses with the voter registration records, the Election Commissioner or County Clerk shall prepare in writing a certification under seal setting forth the name and address of each signer found not to be a registered voter and the signature page number and line number where the name is found, and if the reason for the invalidity of the signature or address is other than the non-registration of the signer, the Election Commissioner or County Clerk shall set forth the reason for the invalidity of the signature. If the Election Commissioner or County Clerk determines that a signer has affixed his or her signature more than once to the remonstrance and that only one person is registered by that name, the Election Commissioner or County Clerk shall prepare in writing a certification under seal setting forth the name of the duplicate signature and shall count only the earliest dated signature.

(5) The Election Commissioner or County Clerk shall certify to the Board of Trustees the number of valid signatures necessary to constitute a valid remonstrance. The Election Commissioner or County Clerk shall deliver the remonstrance and the certifications to the Board of Trustees within 40 days after the receipt of the remonstrance from the Board of Trustees. The delivery shall be by hand carrier, by use of law enforcement officials, or by certified mail, return receipt requested. Not more than 20 signatures on one signature page shall be counted.

(6) The Board of Trustees shall, within 30 days after the receipt of the remonstrance and certifications from the Election Commissioner or County Clerk, hold a public hearing to review the remonstrance and certifications and receive testimony regarding them. The Board of Trustees shall, following the hearing, vote on whether or not the remonstrance is valid and shall uphold the remonstrance if sufficient valid signatures have been received.

(E) Real estate now owned or hereafter owned by the village may be conveyed without consideration to the state for state armory sites or, if acquired for state armory sites, shall be conveyed strictly in accordance with the conditions of Neb. RS 18-1001 to 18-1006.

(F) Following passage of the resolution directing a sale; publishing of the notice of the proposed sale; and passing of the 30-day right-of-remonstrance period, the property shall then be sold. Such sale shall be confirmed by passage of an ordinance stating the name of the purchaser and terms of the sale.

(G) Divisions (A) through (F) above shall not apply to the sale of real property if the authorizing resolution directs the sale of real property, the total fair market value of which is less than $5,000. Following passage of the resolution directing the sale of the property, notice of the sale shall be posted in three prominent places within the village for a period of not less than seven days prior to the sale of the property. The notice shall give a general description of the property offered for sale and state the terms and conditions of sale. Confirmation of the sale by passage of an ordinance may be required. (1971 Code, ' 8-102) (Ord. 366, passed 10-12-1981; Ord. 381, passed 10-11-1982; Ord. 567, passed 3-10-1997; Ord. 620, passed 10-12-1998; Ord. 732, passed 1-12-2004) Statutory reference: Related provisions, see Neb. RS 17-503, 17-503.01

' 31.03 SALE AND CONVEYANCE OF PERSONAL PROPERTY.

The power of the village to convey any personal property owned by it shall be exercised by resolution directing the sale and the manner and terms thereof. Following passage of the resolution directing the sale of the property, notice of the sale shall be posted in three prominent places within the village for a period of not less than seven days prior to the sale of the property. If the fair market value of the property is greater than $5,000, notice of the sale shall also be published once in a legal newspaper published in or of general circulation in the village at least seven days prior to the sale of the property. The notice shall give a general description of the property offered for sale and state the terms and conditions of sale. (1971 Code, ' 8-102.01) (Ord. 732, passed 1-12-2004) Statutory reference: Related provisions, see Neb. RS 17-503.02

' 31.04 OBSTRUCTIONS.

(A) Trees and shrubs, growing upon or near the lot line or upon public ground and interfering with the use or construction of any public improvements, shall be deemed an obstruction under this chapter.

(B) Said roots may be removed by the Utilities Superintendent at the expense of the owner of the property upon which the tree or shrub is located should the owner fail, or neglect, after notice, to do so. It shall be unlawful for any person, persons, firm or corporation to obstruct, or encumber, by fences, gates, buildings, structures or otherwise, any of the streets, alleys or sidewalks. (1971 Code, ' 8-103) Penalty, see ' 10.99 Statutory reference: Related provisions, see Neb. RS 17-557.01

' 31.05 PERMITTED OBSTRUCTIONS.

Persons engaged in the erection, construction, reconstruction, wrecking or repairing of any building, or the construction, or repair, of a sidewalk along any street, may occupy the public street space with such building material and equipment as long as is necessary if such persons shall make written application to and receive a permit in writing from the municipal police to do so; provided, no permit for the occupancy of the sidewalk space, or more than one-third of the roadway of the public space adjacent to the real estate on which said building is to be constructed, erected, reconstructed, wrecked or repaired shall be granted; and provided further, a suitable passageway for pedestrians shall be maintained within the public space included in the permit which shall be protected and lighted in the manner required by the municipal police. (1971 Code, ' 8-104)

' 31.06 SIGNS AND CANOPIES.

(A) All signs and canopies extending over any public sidewalk, street, alley or other public place must be securely fastened and constructed so that there will be no danger of the same being dislodged by ordinary winds, or falling from other causes.

(B) No sign or canopy shall be erected or maintained which extends over any public sidewalk, street, alley or other public place in such a location as to obstruct the view of any traffic light, sign or signal.

(C) Upon the written order of the governing body, any person owning or occupying the premises where such a sign, canopy, poster or signboard is located, shall cause the same to be removed within the time limit specified on such notice. (1971 Code, ' 8-105) Penalty, see ' 10.99

' 31.07 ACQUISITION OF PROPERTY; CONSTRUCTION; ELECTIONS, WHEN

REQUIRED.

(A) The municipality is authorized and empowered to:

(1) Purchase;

(2) Accept by gift or devise;

(3) Purchase real estate upon which to erect; and

(4) Erect a building or buildings for an auditorium, fire station, municipal building or community house for housing municipal enterprises and social and recreation purposes, and other public buildings, and maintain, manage and operate the same for the benefit of the inhabitants of the municipality.

(B) Except as provided in division (C) below, before any such purchase can be made or building erected, the question shall be submitted to the electors of the municipality at a general municipal election or at an election duly called for that purpose, or as set forth in Neb. RS 17-954, and be adopted by a majority of the electors voting on such question.

(C) If the funds to be used to finance the purchase or construction of a building pursuant to this section are available other than through a bond issue, then either:

(1) Notice of the proposed purchase or construction shall be published in a newspaper of general circulation in the municipality, and no election shall be required to approve the purchase or construction unless, within 30 days after the publication of the notice, a remonstrance against the purchase or construction is signed by registered voters of the municipality equal in number to 15% of the registered voters of the municipality voting at the last regular municipal election held therein and is filed with the governing body. If the date for filing the remonstrance falls upon a Saturday, Sunday or legal holiday, the signatures shall be considered timely if filed or postmarked on or before the next business day. If a remonstrance with the necessary number of qualified signatures is timely filed, the question shall be submitted to the voters of the municipality at a general municipal election or a special election duly called for that purpose. If the purchase or construction is not approved, the property involved shall not then, nor within one year following the election, be purchased or constructed; or

(2) The governing body may proceed without providing the notice and right of remonstrance required in division (C)(1) above if the property can be purchased below the fair market value as determined by an appraisal, there is a willing seller, and the purchase price is less than $25,000. The purchase shall be approved by the governing body after notice and public hearing as provided in Neb. RS 18-1755. (1971 Code, ' 8-106) (Ord. 365, passed 10-12-1981; Ord. 566, passed 3-10-1997) Statutory reference: Related provisions, see Neb. RS 17-953, 17-953.01

' 31.08 IMPROVEMENT DISTRICT; LAND ADJACENT.

(A) Supplemental to any existing law on the subject, a municipality may include land adjacent to such municipality when creating an improvement as a sewer, water, water extension or sanitary sewer extension district.

(B) The governing body shall have power to assess, to the extent of special benefits, the costs of such improvements upon the properties found especially benefitted thereby, except as provided in ' 93.41. (1971 Code, ' 8-107) (Ord. 440, passed 9-14-1987) Statutory reference: Related provisions, see Neb. RS 19-2427

' 31.09 SPECIAL IMPROVEMENT DISTRICT; ASSESSMENT AND CREATION

PROCEDURE.

(A) The municipality=s governing body may, by ordinance, create a special improvement district for the purpose of replacing, reconstructing or repairing an existing water line, sewer line or any other such improvement.

(B) (1) Except as provided in Neb. RS 19-2428 to 19-2431, the governing body shall have power to assess, to the extent of such benefits, the costs of such improvements upon the properties found especially benefitted thereby, whether or not such properties were previously assessed for the same general purpose.

(2) In creating such special improvement district, the governing body shall follow procedures applicable to the creation and assessment of the same type of improvement district as otherwise provided by law. (1971 Code, ' 8-108) (Ord. 441, passed 9-14-1987) Statutory reference: Related provisions, see Neb. RS 18-1751

' 31.10 ACQUISITION OF REAL PROPERTY.

When acquiring an interest in real property by purchase or eminent domain, the municipality shall do so only after the governing body has authorized the acquisition by action taken in a public meeting after notice and public hearing. (1971 Code, ' 8-109) (Ord. 534, passed 2-13-1995) Statutory reference: Related provisions, see Neb. RS 18-1755

' 31.11 ACQUISITION OF PROPERTY; APPRAISAL.

The municipality shall not purchase, lease-purchase or acquire for consideration real property having an estimated value of $100,000 or more unless an appraisal of such property has been performed by a certified real estate appraiser. (1971 Code, ' 8-110) (Ord. 535, passed 2-13-1995) Statutory reference: Related provisions, see Neb. RS 13-403

' 31.12 PUBLIC WORKS INVOLVING ARCHITECTURE OR ENGINEERING;

REQUIREMENTS.

(A) Except as provided in division (B) below, the municipality shall not engage in the construction of any public works involving architecture or engineering unless the plans, specifications and estimates have been prepared and the construction has been observed by an architect, a professional engineer or a person under the direct supervision of an architect, professional engineer or those under the direct supervision of an architect or professional engineer.

(B) Division (A) above shall not apply to the following activities:

(1) Any public works project with contemplated expenditures for the completed project that do not exceed $86,000;

(2) Any alteration, renovation or remodeling of a building if the alteration, renovation or remodeling does not affect architectural or engineering safety features of the building;

(3) Performance by the municipality of professional services for itself if the municipality appoints a Municipal Engineer or employs a full-time person licensed under the Engineers and Architects Regulation Act who is in responsible charge of architectural or engineering work;

(4) The practice of any other certified trade or legally recognized profession;

(5) Earthmoving and related work associated with soil and water conservation practices performed on any land owned by the municipality that is not subject to a permit from the Department of Natural Resources;

(6) The work of employees and agents of the municipality performing, in accordance with other requirements of law, their customary duties in the administration and enforcement of codes, permit programs and land use regulations and their customary duties in utility and public works construction, operation and maintenance;

(7) Those services ordinarily performed by subordinates under direct supervision of a professional engineer or those commonly designated as locomotive, stationary, marine operating engineers, power plant operating engineers, or manufacturers who supervise the operation of or operate machinery or equipment or who supervise construction within their own plant;

(8) The construction of water wells as defined in Neb. RS 46-1212, the installation of pumps and pumping equipment into water wells, and the decommissioning of water wells, unless such construction, installation or decommissioning is required by the municipality to be designed or supervised by an engineer or unless legal requirements are imposed upon the municipality as a part of a public water supply; and

(9) Any other activities described in Neb. RS 81-3449 to 81-3453. (1971 Code, ' 8-111) (Ord. 621, passed 10-12-1998; Ord. 667, passed 1-8-2001; Ord. 744, passed 11-8-2004) Statutory reference: Related provisions, see Neb. RS 81-3423, 81-3445, 81-3449 and 81-3453

CHAPTER 32: VILLAGE BOARD

Section

General Provisions

32.01 Standing committees

32.02 Village Board Chairperson

32.03 Organization

32.04 Powers

32.05 Vacancy

32.06 Vacancy due to unexcused absences

Meetings

32.20 Public meetings

32.21 Order of business

32.22 Parliamentary procedure

32.23 Meetings defined

32.24 Public body defined

32.25 Closed sessions

32.26 Emergency meetings

32.27 Public participation

32.28 Regular meeting

32.29 Special meetings

32.30 Change in office

32.31 Reorganizational meeting

32.32 Telephone conference calls; when allowed

32.33 Prohibited acts; exempt events

Ordinances, Resolutions and Orders

32.45 Grant of power

32.46 Bylaws; reading; passage

32.47 Style of ordinances

32.48 Title

32.49 Effective date; emergency ordinances

32.50 Publication or posting

32.51 Amendments and revisions

GENERAL PROVISIONS

' 32.01 STANDING COMMITTEES.

At the organizational meeting of the Village Board, the Village Chairperson shall appoint members of such standing committees as the Village Board may, by ordinance or resolution, create. The membership of such standing committees may be changed at any time by the Village Chairperson. The Village Chairperson shall be a member ex officio of each standing committee. The members of the standing committees shall serve a term of office of one year, unless reappointed. (1971 Code, ' 2-101)

' 32.02 VILLAGE BOARD CHAIRPERSON.

The Village Board Chairperson shall be selected at the first regular meeting of the Board of Trustees in December by the Board of Trustees from its own membership. The Chairperson shall preside at all meetings of the Board of Trustees. In the absence of the Chairperson, the Board of Trustees shall elect one of its own body to occupy the position temporarily who shall hold the title of Chairperson Pro Tempore of the Board of Trustees. The Chairperson and the Chairperson Pro Tempore shall have the same powers and privileges as other members of the Board of Trustees. The Chairperson shall cause the ordinances of the Board of Trustees to be printed and published for the information of the inhabitants. The Chairperson shall also perform all duties of his or her office in accordance with the laws of the state, and the ordinances of the municipality. The qualifications for the Chairperson shall be the same general qualifications that apply to the members of the Board of Trustees. (1971 Code, ' 1-101) (Ord. 548, passed 2-12-1996) Statutory reference: Related provisions, see Neb. RS 17-202 through 17-210

' 32.03 ORGANIZATION.

The Board of Trustees shall consist of five members. Any person who is a citizen of the United States, a resident of the municipality at the time of his or her election and a registered voter may be eligible to be elected to the Board of Trustees. Every Trustee so elected and so qualified shall hold his or her office for a term of four years; provided, a Trustee=s term shall expire, and the office will become vacant upon a change of residence from the municipality. The Board of Trustees shall, before entering upon the duties of their office, take an oath to support the Constitution of the United States, and the Constitution of the state, and faithfully and impartially discharge the duties of their office. All Trustees elected to office shall qualify and meet at the first regular meeting of the Board in December, organize, and appoint the municipal officers required by law. (1971 Code, ' 1-102) (Ord. 294, passed 5-7-1974; Ord. 547, passed 2-12-1996) Statutory reference: Related provisions, see Neb. RS 17-202 through 17-204

' 32.04 POWERS.

(A) The Board of Trustees shall have the power to pass ordinances to prevent and remove nuisances; to restrain and prohibit gambling; to provide for licensing and regulating theatrical and other amusements within the village; to prevent the introduction and spread of contagious diseases; to establish and regulate markets; to erect and repair bridges; to erect, repair and regulate wharves and the rates of wharfage; to regulate the landing of watercraft; to provide for the inspection of building materials to be used or offered for sale in the village; to govern the planting and protection of shade trees in the streets and the building of structures projecting upon or over and adjoining, and all excavations through and under, the sidewalks of the village; and in addition to the special powers herein conferred and granted, to maintain the peace, good government, and welfare of the village and its trade, commerce and manufactures; and to enforce all ordinances by inflicting penalties upon inhabitants or other persons for violation thereof not exceeding $500 for any one offense, recoverable with costs.

(B) The village has the power and authority by ordinance to define, regulate, suppress and prevent nuisances, and to declare what constitutes a nuisance, and to abate and remove the same. The village may exercise such power and authority within its zoning jurisdiction. (1971 Code, ' 1-103) (Ord. 668, passed 1-8-2001) Statutory reference: Related provisions, see Neb. RS 17-207, 18-1720

' 32.05 VACANCY.

(A) Every elective office shall be vacant upon the happening of any of the events specified in Neb. RS 32-560.

(B) Except as otherwise provided in divisions (D) or (E) below, vacancies in village elected offices shall be filled by the Board of Trustees for the balance of the unexpired term. Notice of a vacancy, except a vacancy resulting from the death of the incumbent, shall be in writing and presented to the Board at a regular or special meeting and shall appear as a part of the minutes of such meeting. The Board shall at once give public notice of the vacancy by causing to be published in a newspaper of general circulation within the village or by posting in three public places in the village the office vacated and the length of the unexpired term.

(C) The Chairperson of the Board shall, within four weeks after the meeting at which such notice of vacancy has been presented or upon the death of the incumbent, call a special meeting of the Board or place the issue of filling such vacancy on the agenda at the next regular meeting at which time the Chairperson shall submit the name of a qualified registered voter to fill the vacancy for the balance of the unexpired term. The Board shall vote upon such nominee, and if a majority votes in favor of such nominee, the vacancy shall be declared filled. If the nominee fails to receive a majority of the votes, the nomination shall be rejected and the Chairperson shall, at the next regular or special meeting, submit the name of another qualified registered voter to fill the vacancy. If the subsequent nominee fails to receive a majority of the votes, the Chairperson shall continue at such meeting to submit the names of qualified registered voters in nomination, and the Board shall continue to vote upon such nominations, until the vacancy is filled. All Trustees present shall cast a ballot for or against the nominee. Any member of the Board who has been appointed to fill a vacancy on the Board shall have the same rights, including voting, as if such person were elected.

(D) The Chairperson and Board of Trustees may, in lieu of filling a vacancy in a Village elected office as provided in divisions (B) and (C) above, call a special election to fill such vacancy.

(E) If vacancies exist in the offices of a majority of the members of the Board of Trustees, the Secretary of State shall conduct a special election to fill such vacancies, except that the Board of Trustees of a village situated in more than one county shall have power to fill by appointment any vacancy that may occur in their number.

(F) No official who is removed at a recall election or resigns after the initiation of the recall process shall be appointed to fill the vacancy resulting from his or her removal or the removal of any other member of the same governing body during the remainder of his or her term of office. (1971 Code, ' 1-109) (Ord. 485, passed 1-14-1991; Ord. 599, passed 10-12-1998) Statutory reference: Related provisions, see Neb. RS 32-560 through 32-512, 32-1308

' 32.06 VACANCY DUE TO UNEXCUSED ABSENCES.

(A) In addition to the events listed in Neb. RS 32-560 and any other reasons for a vacancy provided by law, after notice and a hearing, a vacancy on the Board of Trustees shall exist if a member is absent from more than five consecutive regular meetings of the Board unless the absences are excused by a majority vote of the remaining members.

(B) The Board of Trustees shall take a vote on whether to excuse a member=s absence from a meeting upon either:

(1) A written request from the member submitted to the Village Clerk; or

(2) A motion of any other Board member.

(C) If a member has been absent from six consecutive regular meetings and none of the absences have been excused by a majority vote of the remaining members, the Village Clerk shall include this as an item on the agenda for the next regular meeting. At that meeting, the Board shall set a date for a hearing and direct the Village Clerk to give the member notice of the hearing by personal service or first-class mail to the member=s last known address.

(D) At the hearing, the Board member shall have the right to present information on why one or more of the absences should be excused. If the Board does not excuse one or more of the member=s absences by a majority vote at the conclusion of the hearing, there shall be a vacancy on the Board. (1971 Code, ' 1-110) (Ord. 713, passed 10-13-2003) Statutory reference: Related provisions, see Neb. RS 19-3101

MEETINGS

' 32.20 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 readily available for public inspection at the office of the Municipal Clerk. 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 governing body scheduled outside the corporate limits of the municipality. 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. (1971 Code, ' 1-501) (Ord. 400, passed 11-14-1983; Ord. 435, passed 9-14-1987) Statutory reference: Related provisions, see Neb. RS 84-1408, 84-1409, 84-1411, 84-1413

' 32.21 ORDER OF BUSINESS.

All meetings of the governing body shall be open to the public. Promptly at the hour set by law on the day of each regular meeting, the members of the governing body, the Municipal Clerk, the Village Chairperson and such other municipal officials that may be required shall take their regular stations in the Village Board Chambers, and the business of the municipality shall be taken up for consideration, and disposition in the following order:

(A) Roll call;

(B) Reading and approval of the minutes of the previous meeting;

(C) Consideration of petitions and other communications;

(D) Reports of officers, boards and committees;

(E) Unfinished business of the preceding meeting;

(F) Introduction of ordinance and resolutions;

(G) First reading;

(H) Second reading of ordinances;

(I) Third reading of ordinances;

(J) Final passage of ordinances;

(K) New business;

(L) Miscellaneous business; and

(M) Appropriations and consideration of claims adjournment. (1971 Code, ' 1-502)

' 32.22 PARLIAMENTARY PROCEDURE.

(A) 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.

(B) 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.

(C) 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 AYeas@ and ANays@ 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 two-thirds 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. (1971 Code, ' 1-503)

' 32.23 MEETINGS DEFINED.

MEETINGS, as used in this subchapter shall mean 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. (1971 Code, ' 1-504) (Ord. 400, passed 11-14-1983) Statutory reference: Related provisions, see Neb. RS 84-1409(2)

' 32.24 PUBLIC BODY DEFINED.

(A) PUBLIC BODY, as used in this subchapter, shall mean:

(1) The governing body of the municipality;

(2) All independent boards, commissions, bureaus, committees, councils, subunits or any other bodies, now or hereafter created by Constitution, statute, ordinance or otherwise pursuant to law; and

(3) Advisory committees of the bodies listed above.

(B) This subchapter shall not apply to subcommittees of such bodies unless a quorum of the public body attends a subcommittee meeting or unless such subcommittees are holding hearings, making policy or taking formal action on behalf of their parent body. (1971 Code, ' 1-505) (Ord. 400, passed 11-14-1983; Ord. 508, passed 4-12-1993) Statutory reference: Related provisions, see Neb. RS 84-1409(2)

' 32.25 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 of 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 means 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)(1)(a) above.

(C) Any member of any 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:

(1) The protection of the public interest; or

(2) The prevention of needless injury to the reputation of an individual. 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) Nothing in this section shall be construed to require that any meeting be closed to the public. (1971 Code, ' 1-506) (Ord. 400, passed 11-14-1983; Ord. 509, passed 4-12-1993; Ord. 531, passed 2-13-1995; Ord. 741, passed 11-8-2004) Statutory reference: Related provisions, see Neb. RS 84-1410

' 32.26 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. Complete minutes of such emergency meetings specifying the nature of the emergency and any formal action taken at the meeting shall be made available to the public by no later than the end of the next regular business day. The Clerk 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 any such meeting and the topics to be discussed at that meeting. (1971 Code, ' 1-507) (Ord. 400, passed 11-14-1983) Statutory reference: Related provisions, see Neb. RS 84-1411

' 32.27 PUBLIC PARTICIPATION.

(A) Subject to the provisions of this subchapter, 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, except for closed sessions called pursuant to ' 32.25 (Closed Sessions), may be videotaped, televised, photographed, broadcast or recorded by any person in attendance by means of a tape recorder, camera, video equipment or any other means of pictorial or sonic reproduction or in writing.

(B) It shall not be a violation of this section for any public body to make and enforce reasonable rules and regulations regarding the conduct of persons attending, speaking at, videotaping, televising, photographing, broadcasting or recording its meetings. A body may not be required to allow citizens to speak at each meeting, but it may not forbid public participation at all meetings.

(C) No public body shall require members of the public to identify themselves as a condition for admission to the meeting. The body may require any member of the public desiring to address the body to identify himself or herself.

(D) No public body shall, for the purpose of circumventing the provisions of this subchapter, hold a meeting in a place known by the body to be too small to accommodate the anticipated audience.

(E) No public body shall be deemed in violation of this section if it holds its meeting in its traditional meeting place which is located in this state.

(F) No public body shall be deemed in violation of this section if it holds a meeting outside of this state if, but only if, a member entity of the public body is located outside of this state and the other requirements of Neb. RS 84-1412 are met.

(G) The public body shall, upon request, make a reasonable effort to accommodate the public=s right to hear the discussion and testimony presented at the meeting.

(H) Public bodies shall make available at the meeting, for examination and copying by members of the public, at least one copy of all reproducible written material to be discussed at an open meeting. (1971 Code, ' 1-508) (Ord. 419, passed 9-9-1985; Ord. 436, passed 9-14-1987; Ord. 687, passed 10-14-2002) Statutory reference: Related provisions, see Neb. RS 84-1412

' 32.28 REGULAR MEETING.

(A) The meetings of the governing body shall be held in the meeting place of the municipality. Regular meetings shall be held on the second Monday of each month at the hour of 7:30 p.m.

(B) At all meetings of the Board of Trustees a majority of the Board shall constitute a quorum to do business. (1971 Code, ' 1-509) (Ord. 418, passed 9-9-1985) Statutory reference: Related provisions, see Neb. RS 17-204, 17-205, 17-210

' 32.29 SPECIAL MEETINGS.

(A) Special meetings may be called by the Chairperson, or by three members of the Board of Trustees, the object of which shall be submitted to the Board in writing. The call and object, as well as the disposition thereof, shall be entered upon the journal by the Municipal Clerk. On filing the call for a special meeting, the Municipal Clerk shall notify the members of the Board of Trustees of the special meeting, stating the time and its purpose. Notice of a special meeting need not be given to a member of the Board known to be out of the state, or physically unable to be present. A majority of the members of the Board of Trustees shall constitute a quorum for the transaction of business, but a smaller number may adjourn from day to day and compel the attendance of the absent members. Whether a quorum is present or not, all absent members shall be sent for and compelled to attend.

(B) 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 Board shall be called to order by the Chairperson, if present, or if absent, by the President of the Board. In the absence of both the Chairperson and the President of the Board, the members of the Board of Trustees shall elect a President Pro Tempore. All ordinances passed at any special meeting shall comply with procedures set forth in '' 32.45 through 32.51. (1971 Code, ' 1-510) (Ord. 418, passed 9-9-1985) Statutory reference: Related provisions, see Neb. RS 17-204, 17-205

' 32.30 CHANGE IN OFFICE.

The Chairperson and Board of Trustees shall meet at the regular meeting of the Board in December in each election year, and the outgoing officers and outgoing members of the Board of Trustees shall present their reports, and upon the outgoing Board having completed its business, the outgoing Trustees shall surrender their offices to the incoming Trustees, 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. (1971 Code, ' 1-511) (Ord. 545, passed 2-12-1996) Statutory reference: Related provisions, see Neb. RS 17-204

' 32.31 REORGANIZATIONAL MEETING.

(A) The newly elected Board of Trustees shall convene at the regular place of meeting at the first regular meeting of the Board in each election year immediately after the prior Board adjourns and proceed to organize themselves for the ensuing year.

(B) The Chairperson Pro Tempore shall call the meeting to order. The Board shall then proceed to examine the credentials of its members and other elective officers of the municipality 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 Trustees and officers are duly qualified, the Board shall then elect one of its own body, who shall be styled as Chairperson of the Board of Trustees. The Chairperson shall then nominate his or her candidates for appointive offices and said officers shall hold office until their successors are duly appointed and qualified. The Chairperson shall then proceed with the regular order of business. It is hereby made the duty of each and every member of the Board or of its successors in office and of each officer hereafter elected to any office, to qualify prior to the first regular meeting of the Board in December following his or her election.

(C) Immediately upon the assembly of the newly elected Board upon the first regular meeting in December following the election, each officer elected at the general election shall take possession of his or her office.

(D) Each appointive officer who is required to give bond shall qualify by filing the required bond, approved by the Board of Trustees, in the office of the Municipal Clerk within two weeks from the date of his or her said appointment; provided, on said bond shall be endorsed the same oath as required of a Trustee. Failure to qualify by elective or appointive officers within the time and manner provided in this section shall and does in itself create a vacancy in the office to which said person failing to qualify shall have been elected or appointed. (1971 Code, ' 1-512) (Ord. 546, passed 2-12-1996) Statutory reference: Related provisions, see Neb. RS 17-204

' 32.32 TELEPHONE CONFERENCE CALLS; WHEN ALLOWED.

(A) A meeting of the governing body of a joint entity formed under the Interlocal Cooperation Act or of the governing body of a risk management pool or its advisory committees organized in accordance with the Intergovernmental Risk Management Act, being Neb. RS 44-4301 through 44-4339, may be held by telephone conference call if:

(1) The territory represented by the member public agencies of the entity or pool covers more than one county;

(2) Reasonable advance publicized notice is given which identifies each telephone conference location at which a member of the entity=s or pool=s governing body will be present;

(3) All telephone conference meeting sites identified in the notice are located within public buildings used by members of the entity or pool or at a place which will accommodate the anticipated audience;

(4) Reasonable arrangements are made to accommodate the public=s right to attend, hear, and speak at the meeting, including seating, recordation by audio recording devices, and a reasonable opportunity for input such as public comment or questions to at least the same extent as would be provided if a telephone conference call was not used;

(5) At least one copy of all documents being considered is available to the public at each site of the telephone conference call;

(6) At least one member of the governing body of the entity or pool is present at each site of the telephone conference call identified in the public notice;

(7) The telephone conference call lasts no more than one hour; and

(8) No more than one-half of the entity=s or pool=s meetings in a calendar year are held by telephone conference call.

(B) Nothing in this section shall prevent the participation of consultants, members of the press and other nonmembers of the governing body at sites not identified in the public notice. Telephone conference calls shall not be used to circumvent any of the public government purposes established in Neb. RS 84-1408 to 84-1414. (1971 Code, ' 1-513) (Ord. 666, passed 1-8-2001) Statutory reference: Related provisions, see Neb. RS 84-1411(3)

' 32.33 PROHIBITED ACTS; EXEMPT EVENTS.

(A) 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 this article or the Open Meetings Act. No closed session, informal meeting, chance meeting, social gathering, email, fax or electronic communication shall be used for the purpose of circumventing the requirements of this subchapter or the act.

(B) This chapter does 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, if there is no vote or other action taken regarding any matter over which the public body has supervision, control, jurisdiction or advisory power. (1971 Code, ' 1-514) (Ord. 741, passed 11-8-2004) Penalty, see ' 10.99 Statutory reference: Related provisions, see Neb. RS 84-1410

ORDINANCES, RESOLUTIONS AND ORDERS

' 32.45 GRANT OF POWER.

The governing body may make all ordinances, bylaws, rules, regulations and resolutions, not inconsistent with the laws of the state, as may be expedient for maintaining the peace, good government and welfare of the municipality and its trade, commerce and manufactures. (1971 Code, ' 1-601) (Ord. 571, passed 9-8-1997) Statutory reference: Related provisions, see Neb. RS 17-505

' 32.46 BYLAWS; READING; PASSAGE.

Ordinances of a general or permanent nature shall be read by title on three different days unless three-fourths of the governing body vote to suspend this requirement, except that such requirement shall not be suspended for any ordinance for the annexation of territory. In case such requirement is suspended, the ordinance shall be read by title and then moved for final passage. Three-fourths of the governing body may require a reading of any ordinance in full before enactment under either procedure set out in this section. All ordinances and 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 governing body. On the passage or adoption of every bylaw or ordinance, and every resolution or order to enter into a contract by the governing body, the yeas and nays shall be called and recorded. To pass or adopt any bylaw, ordinance or any such resolution or order, a concurrence of a majority of the whole number of members elected to the governing body shall be required. All appointments of the officers by the governing body shall be made viva voce; and the concurrence of a like majority shall be required, and the names of those, and for whom they voted, on the vote resulting in an appointment, shall be recorded. The requirements of a roll call or viva voce vote shall be satisfied by a municipality which utilizes an electronic voting device which allows the yeas and nays of each member of the governing body to be readily seen by the public. (1971 Code, ' 1-602) (Ord. 532, passed 2-13-1995; Ord. 572, passed 9-8-1997) Statutory reference: Related provisions, see Neb. RS 17-614, 17-616

' 32.47 STYLE OF ORDINANCES.

The style of all village ordinances shall be: ABe it ordained by the Chairperson and Board of Trustees of the Village of Trenton, Nebraska: ....@. (Neb. RS 17-613)

' 32.48 TITLE.

No ordinance shall contain a subject which is not clearly expressed in the title. (Neb. RS 17-614)

' 32.49 EFFECTIVE DATE; EMERGENCY ORDINANCES.

(A) Except as provided in division (B) below, an ordinance for the government of the municipality which has been adopted by the governing body without submission to the voters of the municipality shall not go into effect until 15 days after the passage of the ordinance.

(B) In the case of riot, infectious or contagious diseases, or other impending danger, failure of a public utility, or any other emergency requiring its immediate operation, an ordinance shall take effect upon the proclamation of the Chairperson and the posting thereof in at least three of the most public places in the municipality. Such emergency ordinance shall recite the emergency, be passed by a three-fourths vote of the governing body, and be entered of record on the Municipal Clerk=s minutes. (1971 Code, ' 1-605) (Ord. 573, passed 9-8-1997) Statutory reference: Related provisions, see Neb. RS 17-613, 19-3701

' 32.50 PUBLICATION OR POSTING.

All ordinances of a general nature shall be published one time within 15 days after they are passed in some newspaper published in the municipality or if no paper is published in the municipality, then by posting a written or printed copy thereof in each of three public places in the municipality; or in book or pamphlet form. (1971 Code, ' 1-606) (Ord. 424, passed 9-8-1986) Statutory reference: Related provisions, see Neb. RS 17-613

' 32.51 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 the ordinance or section so amended is repealed, except that an ordinance revising all the ordinances of the municipality and modifications to zoning or building districts may be adopted as otherwise provided by law. (1971 Code, ' 1-607) (Ord. 574, passed 9-8-1997) Statutory reference: Related provisions, see Neb. RS 17-614

CHAPTER 33: EMPLOYEES AND OFFICIALS

Section

Bonds and Oath

33.01 Bonds; form

33.02 Oath of office; municipal officials

Compensation

33.15 Municipal officials

33.16 Conflict of interest involving contracts

Appointed Officials

33.30 Appointment; removal

33.31 Merger of offices

33.32 Municipal attorney

33.33 Village Treasurer

33.34 Municipal Clerk

33.35 Fire Chief

33.36 Special engineer

33.37 Utilities Superintendent

33.38 Municipal Library Director

BONDS AND OATH

' 33.01 BONDS; FORM.

(A) The village may enact ordinances or bylaws to require from all officers and servants, elected or appointed, bonds and security or evidence of equivalent insurance for the faithful performance of their duties. The village may pay the premium for such bonds or insurance coverage. (Neb. RS 17-604)

(B) (1) All official bonds of officers of the village shall be in form joint and several and made payable to the village in such penalty as the Board of Trustees may fix.

(2) In place of the individual bonds required to be furnished by municipal officers, a schedule, position, blanket bond or undertaking, or evidence of equivalent insurance may be given by municipal officers, or a single corporate surety fidelity, schedule, position or blanket bond or undertaking, or evidence of insurance coverage covering all the officers, including officers required by law to furnish an individual bond or undertaking, may be furnished. The municipality may pay the premium for the bond or insurance coverage. The bond or insurance coverage shall be, at a minimum, an aggregate of the amounts fixed by law or by the Board of Trustees, and with such terms and conditions as may be required. (Neb. RS 11-104)

(3) 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.

(C) (1) Official bonds, with the oath endorsed thereon, shall be filed in the Village Clerk=s office within the following time:

(a) Of all officers elected at any general election, following receipt of their election certificate and not later than ten days before the first Thursday after the first Tuesday in January next succeeding the election;

(b) Of all appointed officers, within 30 days after their appointment; and

(c) Of officers elected at any special election and village officers, within 30 days after the canvass of the votes of the election at which they were chosen.

(2) The filing of the bond with the oath endorsed thereon does not authorize a person to take any official action prior to the beginning of his or her term of office pursuant to Article XVII, section 5, of the Constitution of Nebraska. (Neb. RS 11-105)

(D) All official bonds of village officers shall be executed by the principal named in such bonds and by at least two sufficient sureties who shall be freeholders of the county in which such bonds are given, or any official bond of a village officer may be executed by the officer as principal and by a guaranty, surety, fidelity or bonding company as surety, or by two or more such companies. Only such companies as are legally authorized to transact business in this state shall be eligible to suretyship on the bond of a village officer. (Neb. RS 11-109)

(E) The Village Clerk shall carefully record and preserve the bonds in his or her office and shall give certified copies thereof, when required, under the seal of his or her office, and shall be entitled to receive for the same the usual fee allowed by law for certified copies of records in other cases. (Neb. RS 11-110)

(F) (1) The approval of each official bond shall be endorsed upon such bond by the officer approving the same, and no bond shall be filed and recorded until so approved. (Neb. RS 11-111)

(2) No bond shall be deemed to be given or complete until the approval of the Board of Trustees and all sureties are endorsed in writing on the instrument by the Chairperson and Village Clerk pursuant to the approval of the Board of Trustees.

(G) All official 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 any persons injured by a breach of the conditions of such bonds. (Neb. RS 11-112)

(H) No official bond shall be rendered void by reason of any informality of irregularity in its execution or approval. (Neb. RS 11-113)

(I) No village official shall be taken as security on the bond of any administrator, executor or other officer from whom by law bond is or may be required. (Neb. RS 11-114)

(J) If any person elected or appointed to any office neglects to have his or her official bond executed and approved as provided by law and filed for record within the time limited by this section, the Village Clerk shall immediately issue an order to such person to show cause why he or she has failed to properly file such bond and why his or her office should not be declared vacant. If such person properly files the official bond within ten days of the issuance of the show cause order for appointed officials or before the date for taking office for elected officials, such filing shall be deemed to be in compliance with this section. If such person does not file the bond within ten days of the issuance of such order for appointed officials, or before the date for taking office for elected officials and sufficient cause is not shown within that time, his or her office shall thereupon ipso facto become vacant and such vacancy shall thereupon immediately be filled by election or appointment as the law may direct in other cases of vacancy in the same office. (Neb. RS 11-115)

(K) Any person appointed to fill a vacancy, before entering upon the duties of the office, must give a bond corresponding in substance and form with the bond required of the officer originally elected or appointed, as herein provided. (Neb. RS 11-116)

(L) When the incumbent of an office is reelected or reappointed, he or she shall qualify by taking the oath and giving the bond as above directed, but when such officer has had public funds or property in his or her control, his or her bond shall not be approved until he or she has produced and fully accounted for such funds and property. When it is ascertained that the incumbent of an office holds over by reason of the non-election or non-appointment of a successor or of the neglect or refusal of the successor to qualify, he or she shall qualify anew within ten days from the time at which his or her successor, if elected, should have qualified. (Neb. RS 11-117)

(M) No person shall be surety for the same officer for more than two successive terms of the same office, but this provision shall not apply to incorporated surety companies. (Neb. RS 11-118)

(N) If the sureties on the official bond of any appointed officer of the village, in the opinion of the Board of Trustees, become insufficient, the Board may, by resolution, fix a reasonable time within which the officer may give a new bond or additional sureties as directed. If the officer fails, refuses or neglects to give a new bond or additional sureties to the satisfaction and approval of the Board, the office shall, by such failure, refusal or neglect, become vacant and it shall be the duty of the Board to appoint a competent and qualified person to fill the office.

' 33.02 OATH OF OFFICE; MUNICIPAL OFFICIALS.

(A) All officials of the village, 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:

AI, ______________________________, do solemnly swear 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 will 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.@

(B) If any such officer is not required to give bond, the oath shall be filed with the Village Clerk. (Neb. RS 11-101)

COMPENSATION

' 33.15 MUNICIPAL OFFICIALS.

The compensation of any elective official of the municipality shall not be increased or diminished during the term for which he or she shall have been elected, except when there has been a merger of offices; provided, the compensation of the members of the governing body, a board or commission may be increased or diminished at the beginning of the full term of any member whether or not the terms of one or more members commence and end at different times. No elected official may be rehired at a greater salary if he or she resigns and desires to be rehired during the unexpired term of office. He or she may be rehired after the term of office during which he or she resigned at a greater salary. All salaries shall be set by ordinance of the governing body and will be available for public inspection at the office of the Municipal Clerk. (1971 Code, ' 1-901) Statutory reference: Related provisions, see Neb. RS 17-209.02, 17-612

' 33.16 CONFLICT OF INTEREST INVOLVING CONTRACTS.

(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

BUSINESS ASSOCIATION.

(a) A business:

1. In which the individual is a partner, limited liability company member, director or

officer; or

2. In which the individual or a member of the individual=s immediate family is a

stockholder of closed corporation stock worth $1,000 or more at fair market value or which represents more than a 5% equity interest or is a stockholder of publicly traded stock worth $10,000 or more at fair market value or which represents more than 10% equity interest

(B) An individual who occupies a confidential professional relationship protected by law shall be exempt from this definition. This definition shall not apply to publicly traded stock under a trading account if the filer reports the name and address of the stockbroker.

IMMEDIATE FAMILY. A child residing in an individual=s household, a spouse of an individual or an individual claimed by that individual or that individual=s spouse as a dependent for federal income tax purposes.

OFFICER.

(a) Includes:

1. A member of any board or commission of the municipality which spends and

administers its own funds, who is dealing with a contract made by such board or commission; or

2. Any elected municipal official.

(b) OFFICER does not mean volunteer firefighters or ambulance drivers with respect to their duties as firefighters or ambulance drivers.

(B) (1) Except as provided in Neb. RS 49-1499.04 or 70-624.04, no officer may have an interest in any contract to which his or her governing body, or anyone for its benefit, is a party. The existence of such an interest in any contract shall render the contract voidable by decree of a court of competent jurisdiction as to any person who entered into the contract or took assignment of such contract with actual knowledge of the prohibited conflict. An action to have a contract declared void under this section may be brought by the County Attorney, the governing body or any resident within the jurisdiction of the governing body and shall be brought within one year after the contract is signed or assigned. The decree may provide for the reimbursement of any person for the reasonable value of all money, goods, material, labor or services furnished under the contract, to the extent that the governing body has benefitted thereby.

(2) The prohibition in this division (B) shall apply only when the officer or his or her parent, spouse or child:

(a) Has a business association with the business involved in the contract; or

(b) Will receive a direct pecuniary fee or commission as a result of the contract.

(C) Division (B) above does not apply if the contract is an agenda item approved at a meeting of the governing body and the interested officer:

(1) Makes a declaration on the record to the governing body responsible for approving the contract regarding the nature and extent of his or her interest prior to official consideration of the contract;

(2) Does not vote on the matters of granting the contract, making payments pursuant to the contract, or accepting performance of work under the contract, or similar matters relating to the contract, except that if the number of members of the governing body declaring an interest in the contract would prevent the body with all members present from securing a quorum on the issue, then all members may vote on the matters; and

(3) Does not act for the governing body which is a party to the contract as to inspection or performance under the contract in which he or she has an interest.

(D) An officer who:

(1) Has no business association with the business involved in the contract; or

(2) Will not receive a direct pecuniary fee or commission as a result of the contract shall not be deemed to have an interest within the meaning of this section.

(E) The receiving of deposits, cashing of checks and buying and selling of warrants and bonds of indebtedness of any such governing body by a financial institution shall not be considered a contract for purposes of this section. The ownership of less than 5% of the outstanding shares of a corporation shall not constitute an interest within the meaning of this section.

(F) If an officer=s parent, spouse or child is an employee of the officer=s governing body, the officer may vote on all issues of the contract which are generally applicable to:

(1) All employees; or

(2) All employees within a classification and do not single out his or her parent, spouse or child for special action.

(G) Neb. RS 49-14,102 shall not apply to contracts covered by this section.

(H) (1) The person charged with keeping records for the governing body shall maintain separately from other records a ledger containing the information listed in divisions (H)(1)(a) through (H)(1)(e) below about every contract entered into by the governing body in which an officer of the body has an interest and for which disclosure is made pursuant to division (C) above. Such information shall be kept in the ledger for five years from the date of the officer=s last day in office and shall include the:

(a) Names of the contracting parties;

(b) Nature of the interest of the officer in question;

(c) Date that the contract was approved by the governing body;

(d) Amount of the contract; and

(e) Basic terms of the contract.

(2) The information supplied relative to the contract shall be provided no later than ten days after the contract has been signed by both parties. The ledger kept pursuant to this division (H) shall be available for public inspection during the normal working hours of the office in which it is kept.

(I) An open account established for the benefit of any governing body with a business in which an officer has an interest shall be deemed a contract subject to this section. The statement required to be filed by division (H) above shall be filed within ten days after such account is opened. Thereafter, the person charged with keeping records for the governing body shall maintain a running account of amounts purchased on the open account Purchases made from petty cash or a petty cash fund shall not be subject to this section.

(J) Notwithstanding divisions (A) through (I) above, the governing body may prohibit contracts over a specific dollar amount in which an officer of the governing body may have an interest.

(K) The governing body may exempt from divisions (A) through (I) above, contracts involving $100 or less in which an officer of such body may have an interest. (1971 Code, ' 1-902) (Ord. 373, passed 10-11-1982; Ord. 388, passed 11-14-1983; Ord. 407, passed 5-13-1985; Ord. 428, passed 9-8-1986; Ord. 686, passed 10-14-2002) Statutory reference: Related provisions, see Neb. RS 49-14,103.01, 49-14,103.02, 49-14,103.03, 49-14,103.05, 49-14,103.06, 49-1408, 49-1425

APPOINTED OFFICIALS

' 33.30 APPOINTMENT; REMOVAL.

(A) It shall also appoint a Board of Health consisting of three members: the Chairperson of the Village Board, who shall be Chairperson, 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 governing body has appointed a Village Marshal, the Village Marshal may be appointed to the Board and serve as Secretary and quarantine officer.

(B) The governing body shall also appoint such additional officials and employees as they may determine the municipality needs.

(C) All such appointees shall hold office for one year, unless sooner removed by the Chairperson of the Board of Trustees by and with the advice and consent of the remainder of the Board of Trustees. If the municipality has a Municipal Water Commissioner, the Municipal Water Commissioner may at any time, for sufficient cause, be removed from office by a two-thirds vote of the Board of Trustees. (1971 Code, ' 1-201) (Ord. 570, passed 9-8-1997) Statutory reference: Related provisions, see Neb. RS 17-208, 17-541

' 33.31 MERGER OF OFFICES.

The governing body may, by ordinance, combine and merge any elective or appointive office or employment or any combination of duties of any such offices or employments, except Trustee, with any other elective or appointive office or employment so that one or more of such offices or employments or any combination of duties of any such offices or employments may be held by the same officer or employee at the same time, except that trustees may perform and upon board approval receive compensation for seasonal or emergency work subject to Neb. RS 49-14,103.01 to 49-14,103.06. The offices or employments so merged and combined shall always be construed to be separate and the effect of the combination or merger shall be limited to a consolidation of official duties only. The salary or compensation of the officer or employee holding the merged and combined offices or employments or offices and employments shall not be in excess of the maximum amount provided by law for the salary or compensation of the office, offices, employment or employments so merged and combined. For purposes of this section, volunteer firefighters and ambulance drivers shall not be considered officers. (1971 Code, ' 1-202) (Ord. 481, passed 12-12-1990) Statutory reference: Related provisions, see Neb. RS 17-209.02, 49-14,103.01 through 49-14,103.06

' 33.32 MUNICIPAL ATTORNEY.

The Village Attorney shall be the legal advisor of the Board of Trustees. He or she shall commence, prosecute and defend all suits and actions necessary to be commenced, prosecuted or defended on behalf of the village, or that may be ordered by the Board. When requested, he or she shall attend meetings of the Board and give them his or her opinion upon any matters submitted to him or her, either orally or in writing, as may be required. He or she shall draft or review for legal correctness ordinances, contracts, franchises and other instruments as may be required, and he or she shall perform such other duties as may be imposed upon him or her by general law or ordinance. The Board shall have the right to pay the Village Attorney compensation for legal services performed by him or her for it on such terms as the Board and Attorney may agree, and to employ additional legal assistance and to pay for such legal assistance out of the funds of the village. (Neb. RS 17-610)

' 33.33 VILLAGE TREASURER.

(A) The Village Treasurer shall be the custodian of all money belonging to the village. He or she shall keep a separate account of each fund or appropriation and the debts and credits belonging thereto. 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. He or she shall also file copies of such receipts with his or her monthly reports. The Village Treasurer shall, at the end of every month, and as often as may be required, render an account to the Board of Trustees, under oath, showing the state of the treasury at the date of such account and the balance of money in the treasury. He or she shall also accompany such accounts with a statement of all receipts and disbursements, together with all warrants redeemed and paid by him or her, which warrants, with any and all vouchers held by him or her, shall be filed with his or her account in the Village Clerk=s office. If the Village Treasurer neglects or fails, for the space often days from the end of each month, to render his or her account, the office shall be declared vacant, and the Board of Trustees shall fill the vacancy by appointment until the next election for municipal officers.

(B) (1) All warrants upon the Village Treasurer shall be paid in the order of their presentation therefor and as otherwise provided in Neb. RS 77-2201 through 77-2215.

(2) The Village Treasurer shall keep a warrant register in the form required by Neb. RS 77-2202.

(3) The Village Treasurer shall make duplicate receipts for all sums which shall be paid into his or her office, which receipts shall show the source from which such funds are derived, and shall, by distinct lines and columns, show the amount received to the credit of each separate fund, and whether the same was paid in cash, in warrants, or otherwise. The Treasurer shall deliver one of the duplicates to the person making the payment and retain the other in his or her office.

(4) The Village Treasurer shall daily, as money is received, foot the several columns of the cash book and of the 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 the register and shall carry forward the excess.

(C) (1) The Village Treasurer shall prepare and publish annually within 60 days following the close of the municipal fiscal year a statement of the receipts and expenditures by funds of the village for the preceding fiscal year.

(2) Publication shall be made in one legal newspaper of general circulation in the village. If no legal newspaper is published in the village, then such publication shall be made in one legal newspaper published or of general circulation within the county in which the village is located.

(D) The Village Treasurer shall keep all money belonging to the village separate and distinct from his or her own money. He or she shall invest and collect all money owned by or owed to the village as directed by the Board of Trustees. He or she shall maintain depository evidence that all municipal money is, in the name of the village, in a solvent and going financial institution of a type authorized by state law for deposit of municipal hinds. He or she shall cancel all bonds, coupons, warrants and other evidences of debt against the village, whenever paid by him or her, by writing or stamping on the face thereof, APaid by the Village Treasurer@, with the date of payment written or stamped thereon. He or she shall collect all special taxes, allocate special assessments to the several owners, and obtain from the County Treasurer a monthly report as to the collection of delinquent taxes. (1971 Code, ' 1-204) (Ord. 684, passed 10-14-2002) Statutory reference: Related provisions, see Neb. RS 17-606, 19-1101, 19-1103, 77-2201, 77-2209, 77-2210

' 33.34 MUNICIPAL CLERK.

(A) The Municipal Clerk shall attend the meetings of the governing body, and keep a correct journal of the proceedings of that body. He or she shall keep a record of all outstanding bonds against the municipality and when any bonds are sold, purchased, paid or canceled, said record shall show the fact. He or she shall make, at the end of the fiscal year, a report of the business of the municipality transacted through his or her office for the year. That record shall describe particularly the bonds issued, and sold during the year, and the terms of the sale with each and every item, and expense thereof. He or she shall file all official bonds after the same shall have been properly executed, and approved. He or she shall make the proper certificate of passage which shall be attached to original copies of all bond ordinances hereafter enacted by the governing body.

(B) The Municipal Clerk shall issue, and sign all licenses, permits and occupation tax receipts authorized by law, and required by the municipal ordinances. He or she shall collect all occupation taxes, and license money except where some other municipal officer is specifically charged with that duty. He or she shall keep a register of all licenses granted in the municipality, and the purpose for which they have been issued.

(C) The Municipal Clerk shall permit no records, public papers or other documents of the municipality kept, and preserved in his or her office to be taken therefrom, except by such officers of the municipality as may be entitled to the use of the same, but only upon their leaving a receipt therefor. He or she shall keep all the records of his or her office, including a record of all licenses issued by him or her in a blank book with a proper index. He or she shall include as part of his or her records all petitions under which the governing body shall order public work to be done at the expense of the property fronting thereon, together with references to all resolutions, and ordinances relating to the same. He or she shall endorse the date, and hour of filing upon every paper, or document so filed in his or her office. All such filings made by him or her shall be properly docketed. Included in his or her records shall be all standard codes, amendments thereto and other documents incorporated by reference, and arranged in triplicate in a manner convenient for reference. He or she shall keep an accurate, and complete account of the appropriation of the several funds, draw, sign and attest all warrants ordered for the payment of money on the particular fund from which the same is payable. At the end of each month, he or she shall then make a report of the amounts appropriated to the various funds, and the amount of the warrants drawn thereon. Nothing herein shall be construed to prevent any citizen, official or other person from examining any public records at all reasonable times.

(D) The Municipal Clerk shall deliver all warrants, ordinances and resolutions under his or her charge to the Chairperson for his or her signature. He or she shall also deliver to officers, employees and committees all resolutions, and communications which are directed at said officers, employees or committees. With the seal of the municipality, he or she shall duly attest the Chairperson=s signature to all ordinances, deeds and papers required to be attested to when ordered to do so by the governing body. Within 30 days after any meeting of the governing body, the Municipal Clerk shall prepare and publish the official proceedings of the governing body in a legal newspaper of general circulation in the municipality, and which was duly designated as such by the governing body. Said publication shall set forth a statement of the proceedings thereof and shall also include the amount of each claim allowed, the purpose of the claim, and the name of the claimant, except that the aggregate amount of all payroll claims may be included as one item. Between July 15 and August 15 of each year, the employee job titles and the current annual, monthly or hourly salaries corresponding to such job titles shall be published. Each job title published shall be descriptive and indicative of the duties and functions of the position. The charge for such publication shall not exceed the rates provided by the statutes of the state. Said publication shall be charged against the General Fund. He or she shall then keep in a book with a proper index, copies of all notices required to be published, or posted by the Municipal Clerk by order of the governing body, or under the ordinances of the municipality. To each of the file copies of said notices shall be attached the printer=s affidavit of publication, if the said notices are required to be published, or the Municipal Clerk=s certificate under seal where the same are required to be posted only.

(E) The Municipal Clerk shall receive all objections to creation of paving districts, and other street improvements. He or she shall receive the claims of any person against the municipality, and in the event that the said claim is disallowed in part, or in whole, the Municipal Clerk shall notify such claimant, his or her agent or attorney by letter within five days after such disallowance, and the Municipal Clerk shall then prepare transcripts on appeals of any disallowance of a claim in all proper cases.

(F) The Municipal Clerk may charge a reasonable fee for certified copies of any record in his or her office as set by resolution of the governing body. He or she shall destroy municipal records under the direction of the State Records Board pursuant to Neb. RS 84-1201 through 84-1220; provided, the governing body shall not have the authority to destroy the minutes of the Municipal Clerk, the permanent ordinances, and resolution books, or any other records classified as permanent by the State Records Board. (1971 Code, ' 1-207) (Ord. 507, passed 4-12-1993) Statutory reference: Related provisions, see Neb. RS 17-605, 19-1102, 19-1104, 84-1201 through 84-1220, 84-712

' 33.35 FIRE CHIEF.

(A) The Municipal Fire Chief shall be elected by the members of the Fire Department. He or she shall enforce all laws and ordinances covering the prevention of fires; the storage and use of explosives and flammable substances; the installation of fire alarm systems; the maintenance of fire extinguishing equipment; the regulation of fire escapes; and the inspection of all premises requiring adequate fire escapes. He or she shall, within two days, investigate the cause, origin and circumstances of fires arising within his or her jurisdiction. He or she shall, on or before April 1 and October of each year, cause the Secretary to file with the Municipal Clerk, and the Clerk of the District Court a certified copy of the rolls of all members in good standing in their respective companies in order to obtain the exemptions provided by law.

(B) The governing body shall purchase Worker=s Compensation Insurance, and a group term life insurance policy for each active volunteer firefighter. Said life insurance policy shall provide a minimum of $10,000 for death from any cause to age 65 and shall at the option of the individual firefighter, be convertible to a permanent form of live insurance at age 65. He or she shall have the power during the time of a fire, and for a period of 36 hours thereafter to arrest any suspected arsonist, or any person for hindering the Department=s efforts, conducting himself in a noisy and disorderly manner, or who shall refuse to obey any lawful order by the Fire Chief or Assistant Fire Chief. The Fire Chief, or his or her assistant in charge of operations at a fire, may command the services of any person present at any fire in extinguishing the same or in the removal, and protection of property. Failure to obey such an order shall be a misdemeanor punishable by a fine.

(C) The Fire Chief shall have the right to enter at all reasonable hours into buildings, and upon all premises within his or her jurisdiction for the purpose of examining the same for fire hazards, and related dangers. (1971 Code, ' 1-210) (Ord. 295, passed 5-7-1974) Statutory reference: Related provisions, see Neb. RS 17-505, 35-102, 35-108, 81-506, 81-512

' 33.36 SPECIAL ENGINEER.

The governing body may employ a special engineer to make or assist the municipal engineer in making any particular estimate, survey or other work. The special engineer shall make a record of the minutes of his or her surveys and all other work done for the municipality. He or she shall, when directed by the governing body, accurately make all plats, sections, profiles and maps as may be necessary in the judgment of the governing body. He or she shall, upon request of the governing body, make estimates of the costs of labor and material which may be done or furnished by contract with the municipality, and make all surveys, estimates and calculations necessary for the establishment of grades, bridges, building of culverts, sewers, electric light system, waterworks, power plant, public heating system, curbing and gutters, and the improvement of streets and erection and repair of buildings, and shall perform such other duties as the governing body may require. All records of the Special Engineer shall be public records which shall belong to the municipality, and shall be turned over to his or her successor. (1971 Code, ' 1-211) (Ord. 399, passed 11-14-1983) Statutory reference: Related provisions, see Neb. RS 17-405, 17-568, 17-568.01, 17-919

' 33.37 UTILITIES SUPERINTENDENT.

(A) A Utilities Superintendent shall be appointed in the event that there is more than one municipal utility, and the governing body determines that it is in the best interest of the municipality to appoint one official to have the immediate control over all the said municipal utilities.

(B) The Utilities Superintendent may be removed for good cause by a two-thirds vote of the governing body and any vacancy occurring in the said office by death, resignation or removal may be filled in the manner hereinbefore provided for the appointment of all municipal officials. The Utilities Superintendent shall have the immediate control and supervision over all the employees and property that make up the utility departments of the municipality.

(C) In addition, he or she shall serve as the official in charge of the streets and public ways of the municipality, and shall be the Building Inspector in the event that the governing body fails or neglects to appoint a Building Inspector. He or she shall make a detailed report to the governing body at least every six months, or at such times as the governing body directs, on the condition of the Utility Departments and shall direct their attention to such improvements, repairs, extensions, additions and additional employees as he or she may believe are needed along with an estimate of the cost thereof. He or she shall have such other duties as the governing body may delegate to him or her. He or she shall issue permits, and inspect and supervise all repairs to the said utility systems. (1971 Code, ' 1-212) Statutory reference: Related provisions, see Neb. RS 17-541

' 33.38 MUNICIPAL LIBRARY DIRECTOR.

The Municipal Library Director shall have the immediate managerial duties necessary for the efficient operation of the library. The Director shall serve without compensation for a term of five years. No member of the governing body shall serve as Library Director at the same time he or she holds his or her post as a member of the governing body. The Library Director shall report to the governing body whenever requested to do so. The Library Director shall be chosen by the governing body, and shall assume such additional duties as the governing body may designate. The Library Director may be removed at any time for good cause by the governing body. (1971 Code, ' 1-214) Statutory reference: Related provisions, see Neb. RS 51-203

CHAPTER 34: ELECTIONS

Section

34.01 Election of officers; certification required

34.02 Elections generally

34.03 Joint, general, notice

34.04 Special elections

34.05 Petition, write-in and other candidates for general election ballot; procedures

34.06 Caucus candidates

34.07 Voter qualifications

34.08 Officials appearance

34.09 Judges and Clerks; compensation

34.10 Ballots

34.11 Recount of ballots

34.99 Penalty

' 34.01 ELECTION OF OFFICERS; CERTIFICATION REQUIRED.

No later than July 1 of each even-numbered year, the Village Board shall certify to the Election Commissioner or the County Clerk, on forms prescribed by such official, the name of the village, the number of officers to be elected, the length of the terms of office, the vacancies to be filled by election and length of remaining term and the number of votes to be cast by a registered voter for each office. (1971 Code, ' 1-701) (Ord. 549, passed 2-12-1996; Ord. 661, passed 1-8-2001; Ord. 742, passed 11-8-2004) Statutory reference: Related provisions, see Neb. RS 32-404

' 34.02 ELECTIONS GENERALLY.

(A) All municipal issues and offices shall be combined on the statewide primary and general election ballots whenever possible. The issuance of separate ballots shall be avoided in a statewide election if municipal offices or issues can reasonably be combined with the nonpartisan ballot and state law does not require otherwise. All municipal elections involving the election of officers shall be held in accordance with the Election Act and in conjunction with the statewide primary or general election.

(B) When the municipality holds an election in conjunction with the statewide primary or general election, the election shall be held as provided in the Election Act. Any other election held by the municipality shall be held as provided in the Election Act unless otherwise provided by the charter, code or bylaws of the municipality. (1971 Code, ' 1-701.01) (Ord. 742, passed 11-8-2004) Statutory reference: Related provisions, see Neb. RS 32-404, 32-556

' 34.03 JOINT, GENERAL, NOTICE.

The County Clerk shall publish in a newspaper designated by the County Board the notice of the election no less than 40 days prior to the primary or general election. This notice will serve the notice requirement for all municipal elections which are held in conjunction with the county, if such notice is signed by the Chairperson. (1971 Code, ' 1-702) Statutory reference: Related provisions, see Neb. RS 32-802

' 34.04 SPECIAL ELECTIONS.

(A) (1) Except as provided in Neb. RS 77-3444, any issue to be submitted to the registered voters at a special election by the village shall be certified by the Village Clerk to the Election Commissioner or County Clerk at least 50 days prior to the election. A special election may be held by mail as provided in Neb. RS 32-952 through 32-959. Any other special election shall be subject to division (B) below.

(2) In lieu of submitting the issue at a special election, the village may submit the issue at a statewide primary or general election or at any scheduled county election, except that no such issue shall be submitted at a statewide election or scheduled county election unless the issue to be submitted has been certified by the Village Clerk to the Election Commissioner or County Clerk by March 1 for the primary election and by September 1 for the general election.

(3) After the Election Commissioner or County Clerk has received the certification of the issue to be submitted, he or she shall be responsible for all matters relating to the submission of the issue to the registered voters, except that the Village Clerk shall be responsible for the publication or posting of any required special notice of the submission of such issue other than the notice required to be given of the statewide election issues. The Election Commissioner or County Clerk shall prepare the ballots and issue absentee ballots and shall also conduct the submission of the issue, including the receiving and counting of ballots on the issue. The election returns shall be made to the Election Commissioner or County Clerk. The ballots, including absentee ballots, shall be counted and canvassed at the same time and in the same manner as the other ballots. Upon completion of the canvass of the vote by the County Canvassing Board, the Election Commissioner or County Clerk shall certify the election results to the Board of Trustees. The canvass by the County Canvassing Board shall have the same force and effect as if made by the Board of Trustees.

(B) Any special election under the Election Act shall be held on the first Tuesday following the second Monday of the selected month unless otherwise specifically provided. No special election shall be held under the Election Act in April, May, June, October, November or December of an even-numbered year unless it is held in conjunction with the statewide primary or general election. (1971 Code, ' 1-703) (Ord. 575, passed 9-8-1997; Ord. 727, passed 1-12-2004) Statutory reference: Related provisions, see Neb. RS 32-559, 32-405

' 34.05 PETITION, WRITE-IN AND OTHER CANDIDATES FOR GENERAL ELECTION

BALLOT; PROCEDURES.

(A) (1) Any registered voter who was not a candidate in the primary election may have his or her name placed on the general election ballot for a partisan office by filing petitions as prescribed in this section and Neb. RS 32-621, or by nomination by political party convention or committee.

(2) Any candidate who was defeated in the primary election and any registered voter who was not a candidate in the primary election may have his or her name placed on the general election ballot if a vacancy exists on the ballot under Neb. RS 32-625(2), and the candidate files for the office by petition as prescribed in this section or files as a write-in candidate as prescribed in Neb. RS 32-615.

(B) Petitions for nomination shall conform to the requirements of Neb. RS 32-628. Petitions shall state the office to be filled and the name and address of the candidate. Petitions for partisan office shall also indicate the party affiliation of the candidate. Petitions shall be signed by registered voters residing in the ward in which the officer is to be elected, if candidates are chosen by ward, or residing in the municipality, if candidates are not chosen by ward, and shall be filed with the filing officer in the same manner as provided for candidate filing forms in Neb. RS 32-607. Petition signers and circulators shall conform to the requirements of Neb. RS 32-629 and 32-630. No petition for nomination shall be filed unless there is attached thereto a receipt showing payment of the filing fee required pursuant to Neb. RS 32-608. The petitions shall be filed by September 1 in the year of the general election.

(C) (1) The number of signatures of registered voters needed to place the name of a candidate upon the nonpartisan ballot for the general election shall be at least 10% of the total number of registered voters voting for Governor or President of the United States at the immediately preceding general election in the ward in which the officer is to be elected or in the municipality, as appropriate.

(2) The number of signatures of registered voters needed to place the name of a candidate upon the partisan ballot for the general election shall be at least 20% of the total vote for Governor or President of the United States at the immediately preceding general election within the municipality, not to exceed 2000. (1971 Code, ' 1-704) (Ord. 600, passed 10-12-1998; Ord. 714, passed 10-13-2003) Statutory reference: Related provisions, see Neb. RS 32-616, 32-617, 32-618

' 34.06 CAUCUS CANDIDATES.

(A) The Board of Trustees may, by ordinance, call a caucus for the purpose of nomination of candidates for offices to be filled in the village election. This caucus shall be held at least ten days before the filing deadline for that election, and the Board of Trustees shall publish notice of the caucus in at least one newspaper of general circulation in the county at least once each week for two consecutive weeks before the caucus. (Neb. RS 17-601.01)

(B) The Chairperson of the caucus at which candidates are nominated shall notify in writing the Village Clerk of the candidates so nominated, not later than two days following the caucus. The Village Clerk shall then notify the persons so nominated of their nomination, this notification to take place not later than five days after the caucus. No candidate so nominated shall have his or her name placed upon the ballot unless, not more than ten days after the holding of the caucus, he or she files with the Village Clerk a written statement accepting the nomination of the caucus and pays the filing fee, if any, for the office for which he or she was nominated. (Neb. RS 17-601.02)

(C) The provisions of this section shall not preclude in any manner any person from filing for the offices to which this section is applicable, either by direct filing or by petition. (Neb. RS 17-601.03)

' 34.07 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. (1971 Code, ' 1-706) Statutory reference: Related provisions, see Neb. RS 17-602, 32-102

' 34.08 OFFICIALS APPEARANCE.

Each person appointed by the County Clerk as judge or clerk of election shall be notified of the appointment by letter. Each appointee shall, unless excused by reason of ill health or other good and sufficient reason, serve as such officer for the term of his or her appointment. Any person selected as a judge or clerk of election may, at any time before election day, be excused by the County Clerk from serving in such capacity by reason of his or her own sickness, the serious illness of any member of his or her family, or unavoidable absence from the voting precinct on election day. Upon excusing a member of the Election Board, the County Clerk shall fill the position from a list submitted by the Chairperson of the same party as the members excused, and the person selected to fill such vacancy shall be notified of such appointment by mail The Board shall be employed at all elections held in the County at which the County Clerk directs them to serve. The County Clerk is authorized to file a complaint therein against such person failing to appear. (1971 Code, ' 1-708) Penalty, see ' 34.99

' 34.09 JUDGES AND CLERKS; COMPENSATION.

(A) The judges and clerks of election shall receive for each one hour of service rendered $1.60; provided, that in precincts having a Counting Board, no member of the Receiving Board shall receive pay for more than 13 hours of service.

(B) Each member of the Election Board shall make an affidavit before a qualified officer of the number of hours he or she has worked. The messenger appointed to receive and deliver the election supplies to the election place and the messenger appointed to make the return to the County Clerk shall receive for such service $3 and mileage at the rate of $0.10 per mile necessarily traveled in the performance of said duties.

(C) In the event that a voting machine is used, the wages of the election officials shall be based on the rate of $1 per hour for the time served as follows: $0.50 for one-half hour for making the examination of the voting machines before the hour for opening the polls; $1 for each hour that the polls are open; and $1 for one hour for making the canvass. (1971 Code, ' 1-710) Statutory reference: Related provisions, see Neb. RS 32-4,128, 33-137

' 34.10 BALLOTS.

It shall be the duty of the County Clerk of the county to 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. (1971 Code, ' 1-711) Statutory reference: Related provisions, see Neb. RS 32-417, 32-418

' 34.11 RECOUNT OF BALLOTS.

(A) The losing candidate for any office at the municipal election may request a recount of the ballots cast when the official canvass of such votes cast reveals that there is a difference of 25 votes or less between the total cast for the winner and the loser.

(B) Such recount shall be made if the losing candidate files a written request therefor with the Municipal Clerk within three days following the completion of the official canvass. (1971 Code, ' 1-713) Penalty, see ' 34.99 Statutory reference: Related provisions, see Neb. RS 19-3042 through 19-3050

' 34.99 PENALTY.

(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to ' 10.99.

(B) If any person ordered to serve by the County Clerk fails, refuses or neglects to serve without first being excused (' 34.08), such person shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined in any sum not less than $50, nor more than $500. (1971 Code, ' 1-708)

CHAPTER 35: VILLAGE ORGANIZATIONS

Section

Miscellaneous Organizations

35.01 West Central Nebraska Development District; participation

35.02 Nursing Home Board

35.03 Board of Health

35.04 Tree Board

35.05 Planning Commission

35.06 Board of Zoning Adjustment

35.07 Library Board

Housing Agency

35.20 Rights and duties

35.21 Housing Agency Board

35.22 Appointment of Resident Commissioner

35.23 Removal of Commissioners

35.24 Autonomy of agency

35.25 Housing Agency Act adopted

35.26 Policies and procedures

35.27 Rules and regulations

35.28 Annual reports

35.29 Filing of plans

Fire Department

35.40 Operation and funding

35.41 Membership

35.42 Impersonating firefighters

35.43 Records

35.44 Hose tested

35.45 Drills

35.46 Fires

35.47 Distant fires

35.48 Preservation of property

35.49 Mandatory assistance

35.50 Power of arrest

35.51 Fire investigation

35.99 Penalty

MISCELLANEOUS ORGANIZATIONS

' 35.01 WEST CENTRAL NEBRASKA DEVELOPMENT DISTRICT; PARTICIPATION.

The municipality is hereby authorized to join and cooperate with other local governments that are eligible and wish to participate in the full range of activities of the West Central Nebraska Development District through the execution of an intergovernmental agreement. Said agreement is on file in the office of the Municipal Clerk, available for public inspection at any reasonable time, and made a part hereof as if set out in full herein. (1971 Code, ' 2-401) (Ord. 369, passed 4-12-1982)

' 35.02 NURSING HOME BOARD.

(A) Establishment. There is hereby established a Board of Nursing Home Trustees, who shall administer and supervise the operation of the municipal nursing home. (1971 Code, ' 2-201)

(B) Trustees. The Village Chairperson, with the approval of the Village Board shall appoint five persons who shall be residents of the village to constitute the Board of Nursing Home Trustees, hereafter referred to as the ABoard@. (1971 Code, ' 2-202)

(C) Organization. On every third year, one new member is appointed to the Nursing Home Board. On all other years, two new members shall be appointed to the Board. All appointments shall be made for a term of three years. The position of any Trustee shall be vacant if he or she moves from the village, or is removed by the governing body. The Chairperson, with the approval of the Village Board, shall fill any vacancy by a new appointment to fill the unexpired term. All action by the Board shall require a majority vote of the total number of members appointed. All members of the Board shall serve without compensation. (1971 Code, ' 2-203)

(D) Powers and duties. The Board shall have and exercise the following powers and duties:

(1) To meet and elect from its members a Chairperson, a Secretary and such other officers as it deems necessary;

(2) To have charge, control and supervision of the nursing home, its appurtenances, fixtures and rooms;

(3) To direct and control all the affairs of the nursing home;

(4) To employ a nursing home Administrator, assistants and other employees necessary for the proper management of the nursing home, and to fix their salaries;

(5) To remove the Administrator of the nursing home, assistants or employees;

(6) To select and purchase all items necessary for the operation of the nursing home;

(7) To make and adopt, amend, modify or repeal bylaws, rules and regulations for the care, use, government and management of the nursing home and the business of the Board, and to fix and establish rates, fees and schedules for the services rendered by the nursing home;

(8) To control the expenditure of the nursing home fund allocated by the Village Board, and of all money available by gift or otherwise for nursing home purposes;

(9) To make and send to the Village Board, on or before July 1 in each year, an estimate of the amount necessary for the improvement, operation and maintenance of the nursing home for the coming fiscal year, the amounts expended for like purposes for the two preceding years, and the amount of income expected for the next fiscal year from all sources;

(10) To accept gifts, in the name of the nursing home, of real property, personal property or mixed property, and devises and bequests, including trust funds; to execute deeds and bills of sale for the conveyance of such property; and to expend the funds received from such gifts for the improvement of the nursing home; and

(11) To keep a record of its proceedings. (1971 Code, ' 2-204)

(E) Gifts. All gifts, donations, devises and bequests that may be made to the village for the purpose of establishing, increasing or improving the nursing home shall be administered by the Board of Nursing Home Trustees. (1971 Code, ' 2-205)

(F) Fund. All money, whether received by gifts of devise or raised by taxation for the maintenance of the nursing home, shall be deposited with the Village Treasurer to the credit of the Nursing Home Fund, This money shall be kept separate from all other moneys and shall be paid out only on warrants against the said fund drawn by the Chairperson of the Board. (1971 Code, ' 2-206)

(G) Annual report. The Board shall make a report to the Village Board immediately after the close of the nursing home fiscal year. This report shall contain statements of the financial condition of the nursing home, the number of patients currently residing in the nursing home, the occupancy percentage, the average per patient cost, the average nursing home income on a per patient basis, the total expenditures and the total receipts to the nursing home, the amount of money expended for maintenance of the nursing home, the amount of money expended for wages and salaries to employees, the amount of money expended for food, utilities and other operational services and any further information required by the Village Board. (1971 Code, ' 2-207) (Ord. 630, passed 1-11-1999; Ord. 631, passed 1-11-1999; Ord. 632, passed 1-11-1999; Ord. 633, passed 1-11-1999)

' 35.03 BOARD OF HEALTH.

The Village Board of Trustees shall appoint a Board of Health, consisting of three members: the Chairperson of the Village Board, who shall be Chairperson, 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 Village Board of Trustees has appointed a Marshal, the Marshal may be appointed to the Board and serve as Secretary and quarantine officer. A majority of the Board of Health shall constitute a quorum and shall enact rules and regulations, which shall have the force and effect of law, to safeguard the health of the people of such village and prevent nuisances and unsanitary conditions. The Board of Health shall enforce the same and provide fines and punishments for violations. The appointees shall hold office for one year unless removed by the Chairperson of the village board with the advice and consent of the trustees. (1971 Code, ' 2-209) (Ord. 579, passed 9-8-1997; Ord. 767, passed 7-24-2008) Statutory reference: Related provisions, see Neb. RS 17-208

' 35.04 TREE BOARD.

(A) There is hereby created and established a Village Tree Board for the village, which shall consist of four members, citizens and residents of this village, who shall be appointed by the Chairperson with the approval of the Trustees. The term of the four persons to be appointed by the Chairperson shall be three years except that the term of one of the members appointed to the first Board shall be for only one year and the term of one member for the first Board shall be for two years. In the event that a vacancy shall occur during the term of any member, his or her successor shall be appointed for the unexpired portion of the term. Members of the Board shall serve without compensation.

(B) It shall be the responsibility of the Board to study, investigate, counsel and develop a written plan for the care, preservation, trimming, planting, replanting, removal or disposition of trees and shrubs in public ways, streets and alleys. Such plan will be presented to the Board of Trustees and upon its acceptance and approval, shall constitute the official Comprehensive Village Tree Plan for the village. The Board shall review annually and update if needed the Comprehensive Village Tree Plan. The Board shall prepare and present an annual work plan to the Board of Trustees for its acceptance and approval. The Board, when requested by the Board of Trustees, shall consider, investigate, make findings, report and recommend upon any special matter or question coming within the scope of its work.

(C) The Board shall choose its own officers, make its own rules and regulations and keep a journal of its proceedings. A majority of the members shall be a quorum for the transaction of business. (1971 Code, ' 2-210) (Ord. 315, passed 1-10-1977)

' 35.05 PLANNING COMMISSION.

(A) The Planning Commission shall consist of five regular members who shall represent, insofar as is possible, the different professions or occupations in the municipality and shall be appointed by the Chairperson, by and with the approval of a majority vote of the members elected to the Board of Trustees. Two of the regular members may be residents of the area over which the municipality is authorized to exercise extraterritorial zoning and subdivision regulation. When there is a sufficient number of residents in the area over which the municipality exercises extraterritorial zoning and subdivision regulation, one regular member of the Commission shall be a resident from such area. If it is determined by the Board of Trustees that a sufficient number of residents reside in the area subject to extraterritorial zoning and subdivision regulation, and no such resident is a regular member of the Commission, the first available vacancy on the Commission shall be filled by the appointment of such an individual. For purposes of this section, a SUFFICIENT NUMBER OF RESIDENTS shall mean 200 residents. The term of each regular member shall be three years, except that approximately one-third of the regular members of the first Commission shall serve for terms of one year, one-third for terms of two years and one-third for terms of three years. All regular members shall hold office until their successors are appointed. Any member may, after a public hearing before the Board of Trustees, be removed by the Chairperson, with the consent of a majority vote of the members elected to the Board of Trustees, for inefficiency, neglect of duty or malfeasance in office, or other good and sufficient cause. Vacancies occurring otherwise than through the expiration of term shall be filled for the unexpired portion of the term by the Chairperson.

(B) All regular members of the Commission shall serve without compensation and shall hold no other municipal office except when appointed to serve on the Board of Adjustment as provided in Neb. RS 19-908. All members of the Commission may be required, in the discretion of the Board of Trustees, to give bond in a sum set by resolution of the Board of Trustees, and conditioned upon the faithful performance of their duties. The Commission shall elect its Chairperson and a Secretary from its members and create and fill such other of its offices as it may determine. The term of the Chairperson and the Secretary shall be one year, and they shall be eligible for reelection. No member of the Commission shall serve in the capacity of both the Chairperson and Secretary of the Commission. It shall be the duty of the Secretary to keep the full and correct minutes and records of all meetings and to file the same with the Municipal Clerk where they shall be available for public inspection during office hours. The Commission shall be funded by the Board of Trustees from time to time out of the General Fund. The expenditures of the Commission, exclusive of gifts, shall be within the amounts appropriated for that purpose by the Board of Trustees; and no expenditures nor agreements for expenditures shall be valid in excess of such amounts. A number of Commissioners equal to a majority of the number of regular members appointed to the Commission shall constitute a quorum for the transaction of any business. The Commission shall hold at least one regular meeting in each calendar quarter, except the Board of Trustees may require the Commission to meet more frequently and the Chairperson of the Commission may call for a meeting when necessary to deal with business pending before the Commission. Special meetings may also be held upon the call of any three members of the Commission. The Commission shall adopt rules and regulations for the transaction of business and shall keep a record of its resolutions, transactions, findings and determinations, which shall be a public record. The Commission shall make and adopt plans for the physical development of the municipality, including any areas outside its boundaries which, in the Commission=s judgment, bear relation to the planning of the municipality, and shall carry out the other duties and exercise the powers specified in Neb. RS 19-929. All actions by the Commission shall be subject to the review and supervision of the Board of Trustees. The Commission shall make its recommendations to the Board of Trustees so that they are received by the Board of Trustees within 60 days after the Commission begins consideration of a matter relating to the comprehensive development plan, capital improvements, building codes, subdivision development, the annexation of territory, or zoning. The Commission shall be responsible for making such reports and performing such other duties as the Board of Trustees may, from time to time, designate.

(C) The Chairperson of the Board of Trustees, with the approval of a majority vote of the elected members of the Board of Trustees, shall appoint one alternate member to the Commission. The alternate member shall serve without compensation and shall hold no other Municipal office. The term of the alternate member shall be three years, and he or she shall hold office until his or her successor is appointed and approved. The alternate member may be removed from office in the same manner as a regular member. If the alternate member position becomes vacant other than through the expiration of the term, the vacancy shall be filled for the unexpired portion of the term by the Chairperson with the approval of a majority vote of the elected members of the Board of Trustees. The alternate member may attend any meeting and may serve as a voting and participating member of the Commission at any time when less than the full number of regular Commission members is present and capable of voting. (1971 Code, ' 2-213) (Ord. 562, passed 2-10-1997; Ord. 617, passed 10-12-1998) Statutory reference: Related provisions, see Neb. RS 19-924 through 19-929

' 35.06 BOARD OF ZONING ADJUSTMENT.

(A) A Village Board of Zoning Adjustment is hereby created and shall be known as the Village Board of Zoning Adjustment. The Village Board of Zoning Adjustment shall consist of five members appointed by the Village Board. The Village Board can appoint themselves as the Board of Zoning Adjustment.

(B) One member only of the Village Board of Zoning Adjustment shall be appointed by the Village Board from membership of the Planning Commission and the loss of membership on the Planning Commission by such member shall also result in the immediate loss of membership on the Village Board of Zoning Adjustment and the appointment of another Planning Commissioner to the Village Board of Zoning Adjustment.

(C) After the effective date of this section, the first vacancy occurring on the Board of Adjustment shall be filled by the appointment of a person who resides in the extraterritorial zoning jurisdiction of the village at such time as more than 200 persons reside within such area. Thereafter, at all times, at least one member of the Board of Adjustment shall reside outside the corporate boundaries in the village but within its extraterritorial zoning jurisdiction.

(D) The members appointed shall serve for terms of three years and be removable for cause by the Village Board upon written charges and after public hearing. Vacancies shall be filled by appointment for the unexpired term.

(E) The Village Board of Zoning Adjustment shall annually elect one of its members as Chairperson, another as Vice Chairperson, who shall act as Chairperson in the Chairperson=s absence, and appoint a Secretary who may be an officer or an employee of the village. Each shall serve until his/her successor has been selected. (1971 Code, ' 2-14) (Ord. 563, passed 2-10-1997) Statutory reference: Related provisions, see Neb. RS 19-908

' 35.07 LIBRARY BOARD.

(A) (1) The Library Board shall consist of five appointed members, who shall be residents of the municipality and who shall serve terms of four years. The Board members shall be appointed by a majority vote of the members of the Board of Trustees. No member of the Board of Trustees shall be a member of the Library Board. The terms of members serving on the effective date of a change in the number of members shall not be shortened, and any successors to those members shall be appointed as the terms of those members expire. In cases of vacancies by resignation, removal or otherwise, the Board of Trustees shall fill the vacancy for the unexpired term. No member shall receive any pay or compensation for any services rendered as a member of the Library Board.

(2) The Board of Trustees may require the members of the Library Board to give a bond in a sum set by resolution and conditioned upon the faithful performance of their duties.

(B) (1) The members of the Library Board shall, immediately after their appointment, meet and organize by electing from their number a President, a Secretary and such other officers as may be necessary. A majority of the members of the Library Board shall constitute a quorum for the transaction of business.

(C) No member of the Library Board shall serve in the capacity of both the President and Secretary of the Board. It shall be the duty of the Secretary to keep the full and correct minutes and records of all meetings and to file the same with the Municipal Clerk where they shall be available for public inspection at any reasonable time.

(D) The Library Board shall meet at such times as the Board may designate. Special meetings may be held upon the call of the President or a majority of the members of the Board. (1971 Code, ' 2-215) (Ord. 616, passed 10-12-1998; Ord. 685, passed 10-14-2002) Cross-reference: Annual report of the Library Board, see ' 30.38 General provisions on the library, see '' 30.30 through 30.40 Powers and duties of the Library Board, see ' 30.31 Statutory reference: Related provisions, see Neb. RS 51-202, 51-204

HOUSING AGENCY

' 35.20 RIGHTS AND DUTIES.

(A) The previously created and existing Housing Authority shall continue to exist as a Housing Agency under the Nebraska Housing Agency Act, and shall hereafter conduct its operations consistent with the said Act. It shall be named the Village Housing Agency and all property, rights and land, buildings, records and equipment, and any funds, money, revenue, receipts or assets of the Housing Authority shall belong to the Village Housing Agency as successor.

(B) All obligations, debts, commitments and liabilities of the Housing Authority shall become obligations, debts, commitments and liabilities of the Village Housing Agency. Any previously passed resolutions of the Housing Authority, and any actions taken by the Housing Authority prior to January 1, 2000 with regard to any project or program which is to be completed within or to be conducted for a 12-month period following January 1, 2000, and which resolution or action is lawful under state law as it exists to the operative date of LB-105, shall be a lawful resolution or action of the Village Housing Agency, binding upon and enforceable by or against the Village Housing Agency, not withstanding that such resolution or action is inconsistent with, not authorized, or prohibited under the provisions of the Nebraska Housing Agency Act.

(C) All Commissioners of the Housing Authority and all officers, technical experts, directors and other appointees or employees of the Housing Authority holding office or employment by virtue of any such prior law on January 1, 2000 shall be deemed to have been appointed or employed under the Nebraska Housing Agency Act. (1971 Code, ' 2-301) (Ord. 653, passed 3-13-2000)

' 35.21 HOUSING AGENCY BOARD.

(A) The Chairperson shall appoint, subject to confirmation by the Board of Trustees, five persons who, along with the Resident Commissioner, if any, shall constitute the Housing Agency Board, 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 his/her successor is duly appointed and qualified; provided that all vacancies shall be filled for the unexpired terms. The Trustees may appoint one of its members to serve as one of the five members of such Housing Agency for such term as the Board of Trustees may determine. No person shall serve as a Commissioner unless he or she resides within the area of Village Housing Agency. A certificate of the appointment or reappointment of any Commissioner shall be filed with the Village Clerk, and such certificate shall be conclusive evidence of the proper appointment of such Commissioner. The 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 as provided by Neb. RS 81-1175 through 81-1177. A majority of Commissioners shall constitute a quorum of the Agency for the purpose of conducting its business, exercising its powers, and for all other purposes. Action may be taken by the Agency upon the vote of the majority of the Commissioners present and voting, unless the bylaws of the Agency or the ordinance creating the Agency require a larger number.

(B) 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 Agency. The Agency may also employ legal counsel for said services as it may require. It may employ accountants, appraisers, 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 Agency may delegate such other powers and duties to its agents or employees, as it may deem proper. During his or her tenure and for one year thereafter, no Commissioner, officer or employee of the Housing Agency 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 contact 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, office or employee, he or she shall immediately disclose his or her interest in writing to the Agency, and such disclosure shall be entered upon the minutes of the Agency, and he or she shall not participate in any action by the Agency relating to the property or contract in which he or she has any such interest. Any violation of the provisions of this section shall constitute misconduct in office. This prohibition shall not apply to the acquisition of any interest in notes or bonds of the Agency issued in connection with any housing project, or to the execution of the 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.

(C) This section shall not be construed to preclude, regulate or restrict the participation of any tenant of the Agency from serving, if appointed, as a commissioner of such authority, but he or she may not participate in any decision solely affecting his or her individual interest. (1971 Code, ' 2-302) (Ord. 653, passed 3-13-2000)

' 35.22 APPOINTMENT OF RESIDENT COMMISSIONER.

A sixth Commissioner, to be known as the Resident Commissioner, shall be appointed by the Chairperson of the Board of Trustees, subject to confirmation by the Board of Trustees. To select the initial Resident Commissioner, or to fill subsequent vacancies in the position, the Housing Agency shall notify any Resident Advisory Board or other resident organization and all adult persons directly assisted by such Agency to the effect that the position of Resident Commissioner is open and that if any such person is interested in being considered as a candidate for the position, such person should notify the Housing Agency, in writing, within 30 days of the person=s willingness to be considered and to serve as Resident Commissioner. The names of all persons interested who have notified the Housing Agency of their interest in so serving shall be forwarded to the Chairperson of the Board of Trustees, and the Resident Commissioner shall be appointed from the list of names, subject to confirmation by the Trustees. Upon the appointment of a Resident Commissioner, the certificate of appointment shall state the term is for five years or when no longer an eligible resident, whichever occurs first. In the event that no qualified person has submitted his or her name to the Housing Agency as being interested as a candidate for the position, and the Housing Agency has received no notification of interest in serving as a Resident Commissioner by any person, no Resident Commissioner shall be required to be selected. In the event a Resident Commissioner is appointed and resigns from the position prior to completion of the appointed term, or is no longer an eligible resident, or is otherwise disqualified or removed from the Board, and a vacancy is created, the Housing Agency shall solicit new candidates for the position following the same procedure set forth above. In the event that no Resident Commissioner is selected and the position is not filled, the Agency shall re-notify all adult persons directly assisted by the Agency that the position of Resident Commissioner is open and solicit these persons for candidates for the position not less than once annually. (1971 Code, ' 2-303) (Ord. 653, passed 3-13-2000)

' 35.23 REMOVAL OF COMMISSIONERS.

(A) The Chairperson of the Village Board of Trustees may remove a Commissioner for neglect of duty, misconduct in office, or conviction of any felony, in the manner prescribed hereinafter. The Chairperson shall send a notice of removal to such Commissioner, which notice shall set forth the charges against him or her. Unless within the ten days from the receipt of such notice, the Commissioner files with the Clerk a request for a hearing before the full Board of Trustees, the Commissioner shall be deemed removed from office.

(B) If a request for a hearing is filed with the Clerk, the Board of Trustees shall hold a hearing not sooner than ten days after the date a hearing is requested, at which time the Commissioner shall have the right to appear in person or by counsel and the Board of Trustees shall determine whether the removal shall be upheld. If the removal is not upheld, the Commissioner shall continue to hold his or her office. (1971 Code, ' 2-304) (Ord. 653, passed 3-13-2000)

' 35.24 AUTONOMY OF AGENCY.

The Village Housing Agency is a political subdivision, independent from the village and operated by the Housing Agency. The Housing Agency shall constitute a public body, corporate and politic, and shall have all the powers necessary or convenient to carry out and effectuate the purposes and provisions of the Nebraska Housing Agency Act. (1971 Code, ' 2-305) (Ord. 653, passed 3-13-2000)

' 35.25 HOUSING AGENCY ACT ADOPTED.

Except as otherwise herein specifically provided, the definitions, terms, provisions and conditions set forth in the state statutes under the Nebraska Housing Agency Act are hereby adopted by reference, as they now exist, or may hereafter be amended, for the operation and management of the Village Housing Agency, and the Housing Agency Commission shall fully comply with and be governed by the terms of the Nebraska Housing Agency Act. (1971 Code, ' 2-306) (Ord. 653, passed 3-13-2000)

' 35.26 POLICIES AND PROCEDURES.

The Housing Agency shall adopt and promulgate fair and equitable policies establishing a plan for selection of applicants. The plan shall include standards for eligibility, procedures for prompt notification of eligibility or disqualification, and procedures for maintaining a waiting list of eligible applicants for whom vacancies are not immediately available. Eligible applicants shall be offered available vacancies as provided in such policies. (1971 Code, ' 2-307) (Ord. 653, passed 3-13-2000)

' 35.27 RULES AND REGULATIONS.

The Housing Agency may adopt, promulgate and enforce rules and regulations related to carrying out the purposes of the local housing agency and exercise of its powers, and may amend or repeal such rules and regulations from time to time. (1971 Code, ' 2-308) (Ord. 653, passed 3-13-2000)

' 35.28 ANNUAL REPORTS.

(A) Within six months after the end of the Housing Agency=s fiscal year, the Housing Agency shall prepare an annual report. This report shall contain financial statements and the results of the operations.

(B) The report shall be approved by the Board of Commissioners and signed by the Chairperson. The annual report of the Housing Agency shall be a public record and available for inspection and copying by members of the general public at the Housing Agency office.

(C) The annual report shall be placed on file with the Village Clerk upon completion thereof. (1971 Code, ' 2-309) (Ord. 653, passed 3-13-2000)

' 35.29 FILING OF PLANS.

The Housing Agency shall file with the Village Clerk a copy of the five-year plan and annual plan required by ' 511 of the Federal Quality Housing and Work Responsibility Act of 1998. The plans shall be filed within 30 days after the date the plan is filed with the Department of Housing and Urban Development. (1971 Code, ' 2-310) (Ord. 653, passed 3-13-2000)

FIRE DEPARTMENT

' 35.40 OPERATION AND FUNDING.

The municipality and the Rural Fire District own the fire equipment used by the Municipal Fire Department. The municipality has the duty of maintaining its own equipment and housing all equipment whether owned by the municipality or not. All equipment is manned by residents of the municipality. The governing body, for the purpose of defraying the cost of the management, maintenance and improving the Fire Department shall each year levy a tax not exceeding the maximum limits prescribed by state law, on the actual valuation of all real estate and personal property within the municipality that is subject to taxation. The revenue from the said tax shall be known as the Fire Department Fund. The Fund shall be at all times in the possession of the Municipal Treasurer. The Fire Chief shall manage the Fire Department and it shall be his duty to inform the governing body when any of the fire engines, hose, ladders or other apparatus needs repair. Upon the written consent and directive of the governing body, the Fire Chief shall cause the repair, improvement or maintenance of the said equipment and shall personally supervise and approve of the same. (1971 Code, ' 3-201) Statutory reference: Related provisions, see Neb. RS 17-718, 17-953

' 35.41 MEMBERSHIP.

(A) The Fire Department shall consist of so many members as may be decided by the Board of Trustees. The members may organize themselves in any way they may decide, subject to the review of the Board of Trustees. The Fire Chief shall appoint no more than 25 members for each fire department company subject to the review and approval of the Board of Trustees. All vacancies shall be filled in this manner.

(B) All members of the Fire Department shall be subject to such rules and regulations, and shall perform such duties, as may be prescribed or required of them by the Fire Chief or the Board of Trustees. The members of the Fire Department shall, during the time of a fire or great public danger, have and exercise the powers and duties of police officers and shall have full power and authority to arrest all persons guilty of any violation of the municipal code or the laws of the state of Nebraska.

(C) Members of the Fire Department may hold meetings and engage in social activities with the approval of the Board of Trustees. The Secretary shall, upon request, keep a record of all meetings and shall make a report to the Board of Trustees of all meetings and activities of the Fire Department.

(D) Members of the Fire Department shall be considered to be employees of the village for the purpose of providing them with workers= compensation and other benefits. The Board of Trustees may compensate or reimburse any member of the Fire Department for expenses incurred in carrying out his or her duties in an amount set by resolution.

(E) The Board of Trustees shall purchase and maintain in force a policy of group term life insurance to age 65 covering the lives of all of the village=s active volunteer fire and rescue personnel, except that when any such person serves more than one municipality or rural or suburban fire protection district, the policy shall be purchased only by the first municipality or district which he or she serves. The policy shall provide a minimum death benefit of $10,000 for death from any cause and shall, at the option of the insured, be convertible to a permanent form of life insurance at age 65. The coverage of such policy shall terminate as to any individual who ceases to be an active volunteer member of the Fire Department of the village.

(F) For purposes of Neb. RS 33-139.01, volunteer firefighters and rescue squad members testifying as witnesses in that capacity alone shall not be deemed employees of the village. (1971 Code, ' 3-202) (Ord. 416, passed 9-9-1985; Ord. 726, passed 1-12-2004) Statutory reference: Related provisions, see Neb. RS 33-139.01, 35-108

' 35.42 IMPERSONATING FIREFIGHTERS.

It shall be unlawful for any person falsely to pretend to be a public servant other than a peace officer and perform any act in that pretended capacity. It is no defense that the office the actor pretended to hold did not in fact exist. (Neb. RS 28-609) Penalty, see ' 35.99

' 35.43 RECORDS.

(A) The Fire Chief shall keep or cause to be kept a record of all meetings of the Fire Department, the attendance record of all members, a record of all fires, and shall make a full report of such records to the Municipal Clerk during the last week in April each year.

(B) The record of any fire shall include the cause, origin, circumstances, property involved, and whether criminal conduct may have been involved. In the event of sizable property damage, he or she shall include the information of whether such losses were covered by insurance, and if so, in what amount. All records shall be available to the public at any reasonable time. (1971 Code, ' 3-204)

' 35.44 HOSE TESTED.

All fire hose shall be pressure tested at least two times each year. (1971 Code, ' 3-205)

' 35.45 DRILLS.

The Municipal Fire Department shall hold departmental fire drills at such times as the members of the Fire Department shall decide. (1971 Code, ' 3-206)

' 35.46 FIRES.

It shall be the duty of the Fire Department to use all proper means for the extinguishment of fires; to protect property within the municipality; and to secure the observance of all ordinances, laws and other rules and regulations with respect to fires and fire prevention. (1971 Code, ' 3-207)

' 35.47 DISTANT FIRES.

Upon the permission of the Village Chairperson or Fire Chief, such fire equipment of the municipality as may be designated by the governing body as rural equipment may be used beyond the corporate limits to extinguish a reported fire. (1971 Code, ' 3-208)

' 35.48 PRESERVATION OF PROPERTY.

Any official of the Municipal Fire Department shall have the power during the time of a fire to cause the removal of any private or public property whenever it shall become necessary to do so for the preservation of such property from fire, to prevent the spreading of fire or to protect adjoining property. The said officials may direct the municipal firefighters to remove any building, structure or fence for the purpose of checking the progress of any fire, and the official in charge of the fire fighting effort shall have the power to blow up, or cause to be blown up, with powder or otherwise, any building or erection during the progress of a fire for the purpose of extinguishing or checking the same. (1971 Code, ' 3-209)

' 35.49 MANDATORY ASSISTANCE.

Any official of the Municipal Fire Department may command the assistance and services of any person present at a fire to help in extinguishing the fire, or in the removal and protection of property. In the event that a spectator refuses, neglects or fails to assist the Fire Department after a lawful order to do so, he or she shall be deemed guilty of a misdemeanor. (1971 Code, ' 3-210)

' 35.50 POWER OF ARREST.

The Municipal Fire Chief or the assistant Fire Chief shall have the power during the time of a fire and for a period of 36 hours after its extinguishment, to arrest any suspected arsonist, or other person hindering or resisting the firefighting effort, or any person who conducts himself or herself in a noisy or disorderly manner. The said officials shall be severally vested with the usual powers and authority of municipal police officers to command all persons to assist them in the performance of their duties. (1971 Code, ' 3-211)

' 35.51 FIRE INVESTIGATION.

The Fire Chief shall investigate or cause to be investigated the cause, origin and circumstances of every fire occurring in the village by which property has been destroyed or damaged. All fires of unknown origin shall be reported, and such officer shall especially make an investigation and report as to whether such fire was the result of carelessness, accident or design. The investigation shall begin immediately after the occurrence of the fire, and the State Fire Marshal shall have the right to supervise and direct the investigation whenever he or she deems it expedient or necessary. The officer making the investigation of fires occurring in the village shall forthwith notify the State Fire Marshal and shall, within one week of the occurrence of the fire, furnish him or her a written statement of all the facts relating to the cause and origin of the fire and such further information as he or she may call for. (Neb. RS 81-506)

' 35.99 PENALTY.

(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to ' 10.99.

(B) It shall be unlawful for any person to fail to comply with '' 35.01 through 35.07 or '' 35.20 through 35.29, and every person failing to comply with, or violating any of the provisions of '' 35.01 through 35.07 or '' 35.20 through 35.29 shall be deemed to be guilty of a misdemeanor and upon conviction thereof, shall for each offense, be fined in any sum not exceeding $500. (1971 Code, ' 2-501)

(C) It shall be unlawful for any person to fail to comply with'' 35.40 through 35.51, and every person failing to comply with or violating any of the provisions of'' 35.40 through 35.51 shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined in any sum not exceeding $500. (1971 Code, ' 3-1101)

CHAPTER 36: FINANCE AND TAXATION

Section

36.01 Fiscal year

36.02 Public funds defined

36.03 Proposed budget statement; contents; availability; correction

36.04 Proposed budget statement; hearing; adoption; certification of tax amount

36.05 Adopted budget statement; filing; certification of amount of tax

36.06 Budget procedure

36.07 Annual audit; financial statements

36.08 Property tax; certification of amount

36.09 Appropriations

36.10 Expenditures

36.11 Contracts and purchases; bidding and other requirements

36.12 Claims

36.13 Warrants

36.14 Transfer of funds

36.15 Special Assessment Fund

36.16 Sinking funds

36.17 General Fund

36.18 Deposit of funds

36.19 Certificates of deposit; time deposits; conditions

36.20 Investment of funds

36.21 Bond issues

36.22 Proprietary budget; nursing home

36.23 Property tax levy and request; authority to set

36.24 Property tax levy; maximum; authority to exceed

36.25 All purpose levy; allocation; abandonment; extraordinary levies

36.26 Revision of budget

' 36.01 FISCAL YEAR.

The fiscal year of the municipality and any public utility of the municipality commences on October 1 and extends through the following September 30, except as provided in the Municipal Proprietary Function Act, being Neb. RS 18-2801 through 18-2808. (1971 Code, ' 1-801) (Ord. 550, passed 2-12-1996) Statutory reference: Related provisions, see Neb. RS 17-701

' 36.02 PUBLIC FUNDS DEFINED.

Public funds shall mean all money, including non-tax money, used in the operation and functions of governing bodies. For purposes of a county, city or village which has a lottery established under the Nebraska County and City Lottery Act, only those net proceeds which are actually received by the county, city or village from a licensed lottery operator shall be considered public funds, and public funds shall not include amounts awarded as prizes. (1971 Code, ' 1-801.01) (Ord. 533, passed 2-13-1995) Statutory reference: Related provisions, see Neb. RS 13-503

' 36.03 PROPOSED BUDGET STATEMENT; CONTENTS; AVAILABILITY;

CORRECTION.

(A) The governing body shall annually prepare a proposed budget statement on forms prescribed and furnished by the Auditor of Public Accounts; the proposed budget statement shall be made available to the public prior to publication of the notice of the hearing on the proposed budget statement; a proposed budget statement shall contain the following information, except as provided by state law:

(1) For the immediately preceding fiscal year, the revenue from all sources, including motor vehicle taxes, other than revenue received from personal and real property taxation, allocated to the funds and separately stated as to each such source: The unencumbered cash balance at the beginning and end of the year the amount received by taxation of personal and real property; and the amount or actual expenditures;

(2) For the current fiscal year, actual and estimated revenue from all sources, including motor vehicle taxes, allocated to the funds and separately stated as to each such source: The actual unencumbered cash balance available at the beginning of the year; the amount received from personal and real property taxation; and the amount of actual and estimated expenditures, whichever is applicable. Such statement shall contain the cash reserve for each fiscal year and shall note whether or not such reserve is encumbered. Such cash reserve projections shall be based upon the actual experience of prior years. The cash reserve shall not exceed 50% of the total budget adopted exclusive of capital outlay items;

(3) For the immediately ensuing fiscal year, an estimate of revenue from all sources, including motor vehicle taxes, other than revenue to be received from taxation of personal and real property, separately stated as to each such source: the actual or estimated unencumbered cash balances, whichever is applicable, to be available at the beginning of the year; the amounts proposed to be expended during the year; and the amount of cash reserve, based on actual experience of prior years, which cash reserve shall not exceed 50% of the total budget adopted exclusive of capital outlay items;

(4) A statement setting out separately the amount sought to be raised from the levy of a tax on the taxable value of real property:

(a) For the purpose of paying the principal or interest on bonds issued by the governing body; and

(b) For all other purposes.

(5) A uniform summary of the proposed budget statement, including each proprietary function fund included in a separate proprietary budget statement prepared pursuant to the Municipal Proprietary Function Act, being Neb. RS 18-2801 through 18-2808, and a grand total of all funds maintained by the governing body; and

(6) A list of the proprietary functions which are not included in the budget statement. Such proprietary functions shall have a separate budget statement which is approved by the governing body as provided in the Municipal Proprietary Function Act.

(B) The actual or estimated unencumbered cash balance required to be included in the budget statement by this section shall include deposits and investments of the municipality as well as any funds held by the County Treasurer for the municipality and shall be accurately stated on the proposed budget statement.

(C) The municipality shall correct any material errors in the budget statement detected by the Auditor of Public Accounts or by other sources.

(D) The estimated expenditures plus the required cash reserve for the ensuing fiscal year less all estimated and actual unencumbered balances at the beginning of the year and less the estimated income from all sources, including motor vehicle taxes, other than taxation of personal and real property shall equal the amount to be received from taxes, and such amount shall be shown on the proposed budget statement pursuant to this section. The amount to be raised from taxation of personal and real property, as determined above, plus the estimated revenue from other sources, including motor vehicle taxes, and the unencumbered balances shall equal the estimated expenditures, plus the necessary required cash reserve, for the ensuing year. (1971 Code, ' 1-802) (Ord. 520, passed 7-11-1994; Ord. 576, passed 9-8-1997; Ord. 603, passed 10-12-1998; Ord. 672, passed 3-12-2001; Ord. 718, passed 10-13-2003) Statutory reference: Related provisions, see Neb. RS 13-504, 13-505

' 36.04 PROPOSED BUDGET STATEMENT; HEARING; ADOPTION; CERTIFICATION

OF

TAX AMOUNT.

(A) The governing body shall each year conduct a public hearing on its proposed budget statement. Notice of the place and time of the hearing, together with a summary of the proposed budget statement, shall be published at least five days prior to the date set for the hearing in a newspaper of general circulation within the municipality.

(B) (1) After the hearing, the proposed budget statement shall be adopted, or amended and adopted as amended, and a written record shall be kept of such hearing. The amount to be received from personal and real property taxation shall be certified to the levying board after the proposed budget statement is adopted or is amended and adopted as amended.

(2) The certification of the amount to be received from personal and real property taxation shall specify separately:

(a) The amount to be applied to the payment of principal or interest on bonds issued by the governing body; and

(b) The amount to be received for all other purposes.

(C) If the adopted budget statement reflects a change from that shown in the published proposed budget statement, a summary of such changes shall be published within 20 days after its adoption in the manner provided in this section, but without provision for hearing, setting forth the items changed and the reasons for such changes.

(D) When a levy increase has been authorized by vote of the electors, the adopted budget statement shall indicate the amount of the levy increase. (1971 Code, ' 1-803) (Ord. 604, passed 10-12-1998; Ord. 719, passed 10-13-2003) Statutory reference: Related provisions, see Neb. RS 13-506, 13-507

' 36.05 ADOPTED BUDGET STATEMENT; FILING; CERTIFICATION OF AMOUNT

OF TAX.

(A) After publication and hearing on the proposed budget statement and within the time prescribed by law, the governing body shall file with and certify to the levying board on or before September 20 of each year and file with the Auditor of Public Accounts, a copy of the adopted budget statement, together with the amount of the tax required to fund the adopted budget, setting out separately: the amount to be levied for the payment of principal or interest on bonds issued by the governing body; and the amount to be levied for all other purposes. Proof of publication shall be attached to the statements.

(B) The governing body, in certifying the amount required, may make allowance for delinquent taxes not exceeding 5% of the amount required, plus the actual percentage of delinquent taxes for the preceding tax year and for the amount of estimated tax loss from any pending or anticipated litigation which involves taxation and in which tax collections have been or can be withheld or escrowed by court order. For purposes of this section, anticipated litigation shall be limited to the anticipation of an action being filed by a taxpayer who or which filed a similar action for the preceding year which is still pending. Except for such allowances, the governing body shall not certify an amount of tax more than 1% greater or lesser than the amount determined in the proposed budget statement.

(C) The governing body may designate one of its members to perform any duty or responsibility required of such body by this section. (1971 Code, ' 1-804) (Ord. 521, passed 7-11-1994; Ord. 551, passed 2-12-1996; Ord. 577, passed 9-8-1997; Ord. 605, passed 10-12-1998) Statutory reference: Related provisions, see Neb. RS 13-508

' 36.06 BUDGET PROCEDURE.

The Manual of Instructions for City/Village: Budgets, prepared by the Auditor of Public Accounts, State Capitol, Lincoln, Nebraska 68509, is incorporated by reference for the purpose of proper budget preparation. (1971 Code, ' 1-805)

' 36.07 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 village.

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 village and its proprietary functions for the fiscal year immediately prior to the making of such annual report.

FISCAL YEAR. The fiscal year for the village or the fiscal year established in Neb. RS 18-2804 for a proprietary function if different than the municipal fiscal year.

(2) The Board of Trustees shall cause an audit of the village=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 village for such preceding fiscal year. Such audit shall be made on a cash or accrual method at the discretion of the Board of Trustees. Such audit shall be completed and the annual audit report made by such 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 Board of Trustees. The Board of Trustees may request a waiver of the audit requirement subject to the requirements of Neb. RS 84-304. If the village is required to conduct an audit under Neb. RS 84-304 and owns or operates any type of public utility or other enterprise which substantially generates its own revenue, the Board of Trustees shall have that phase of the village=s affairs reported separately from the other functions of the village. The result of such audit shall appear separately in the annual audit report made by the accountant to the village, and the audit shall be on a cash or accrual basis at the discretion of the Board of Trustees.

(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 village. When the accrual method is selected for the annual audit report, such 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.

(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 Village 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 Village Clerk and shall at all times thereafter be open and subject to public inspection.

(B) The Board of Trustees shall provide and file with the Village Clerk, not later than August 1 of each year, financial statements showing the village=s actual and budgeted figures for the most recently completed fiscal year. (1971 Code, ' 1-806) (Ord. 723, passed 11-10-2003) Statutory reference: Related provisions, see Neb. RS 13-606, 19-2902, 19-2903, 19-2904, 19-2905

' 36.08 PROPERTY TAX; CERTIFICATION OF AMOUNT.

The governing body shall, at the time and in the manner provided by law, cause to be certified to the County Clerk the amount of tax to be levied upon the taxable value of all the taxable property of the municipality which the municipality requires for the purposes of the adopted budget statement for the ensuing year, including all special assessments and taxes assessed as otherwise provided. Subject to Neb. RS 77-3442, the maximum amount of tax which may be so certified, assessed and collected shall not require a tax levy in excess of the amounts specified in Neb. RS 17-702. (1971 Code, ' 1-807) (Ord. 606, passed 10-12-1998) Statutory reference: Related provisions, see Neb. RS 17-702

' 36.09 APPROPRIATIONS.

The governing body shall adopt a budget statement pursuant to the Nebraska Budget Act, to be termed AThe Annual Appropriation Bill@, in which are appropriated such sums of money as may be deemed necessary to defray all necessary expenses and liabilities of the municipality. (1971 Code, ' 1-808) (Ord. 522, passed 7-11-1994; Ord. 552, passed 2-12-1996) Statutory reference: Related provisions, see Neb. RS 17-706

' 36.10 EXPENDITURES.

No municipal official shall have the power to appropriate, issue or draw any order or warrant on the Municipal Treasury for money, unless the same has been appropriated or ordered by ordinance. Neither the governing body nor any department or office of the municipality shall add to the municipal expenditures in any one year anything over and above the amounts provided for in the annual appropriation bill for that year. No expenditure for any improvement to be paid for out of the general fund of the municipality shall exceed in any one year the amount provided for that improvement in the adopted budget statement. (1971 Code, ' 1-809) Statutory reference: Related provisions, see Neb. RS 17-708

' 36.11 CONTRACTS AND PURCHASES; BIDDING AND OTHER REQUIREMENTS.

(A) Except as provided in Neb. RS 18-412.01 for a contract with a public power district to operate, renew, replace or add to the electric distribution, transmission or generation system of the municipality, no contract for enlargement or general improvements, such as water extensions, sewers, public heating system, bridges, work on streets or any other work or improvement when the cost of such enlargement or improvement is assessed to the property, costing over $20,000 shall be made unless it is first approved by the governing body.

(B) Except as provided in Neb. RS 18-412.01, before the governing body makes any contract in excess of $20,000 for enlargement or general improvements, such as water extensions, sewers, public heating system, bridges, work on streets or any other work or improvement when the cost of such enlargement or improvement is assessed to the property, an estimate of the cost shall be made by the Municipal Engineer and submitted to the governing body. In advertising for bids as provided in divisions (C) and (E) below, the governing body may publish the amount of the estimate.

(C) Advertisements for bids shall be required for any contract costing over $20,000 entered into: for enlargement or general improvements, such as water extensions, sewers, public heating system, bridges, work on streets or any other work or improvement when the cost of such enlargement or improvement is assessed to the property; or for the purchase of equipment used in the construction of such enlargement or general improvements.

(D) A municipal electric utility may enter into a contract for the enlargement or improvement of the electric system or for the purchase of equipment used for such enlargement or improvement without advertising for bids if the price is: $20,000 or less; $40,000 or less and the municipal electric utility has gross annual revenue from retail sales in excess of $1,000,000; $60,000 or less and the municipal electric utility has gross annual revenue from retail sales in excess of $5,000,000; or $80,000 or less and the municipal electric utility has gross annual revenue from retail sales in excess of $10,000,000.

(E) The advertisement provided for in division (C) above shall be published at least seven days prior to the bid closing in a legal newspaper published in or of general circulation in the municipality and, if there is no legal newspaper published in or of general circulation in the municipality, then in some newspaper of general circulation published in the county in which the municipality is located, and if there is no legal newspaper of general circulation published in the county in which the municipality is located, then in a newspaper, designated by the County Board, having a general circulation within the county where bids are required, and if no newspaper is published in the municipality or county, or if no newspaper has general circulation in the county, then by posting a written or printed copy thereof in each of three public places in the municipality at least seven days prior to the bid closing. In case of a public emergency resulting from infectious or contagious diseases, destructive windstorms, floods, snow, war or an exigency or pressing necessity or unforeseen need calling for immediate action or remedy to prevent a serious loss of, or serious injury or damage to, life, health or property, estimates of costs and advertising for bids may be waived in the emergency ordinance authorized by Neb. RS 11-613 when adopted by a three-fourths vote of the governing body and entered of record.

(F) If, after advertising for bids as provided in this section, the governing body receives fewer than two bids on a contract or if the bids received by the governing body contain a price which exceeds the estimated cost, the governing body may negotiate a contract in an attempt to complete the proposed enlargement or general improvements at a cost commensurate with the estimate given.

(G) If the materials are of such a nature that, in the opinion of the manufacturer and with the concurrence of the governing body, no cost can be estimated until the materials have been manufactured or assembled to the specific qualifications of the purchasing municipality, the governing body may authorize the manufacture and assemblage of such materials and may thereafter approve the estimated cost expenditure when it is provided by the manufacturer.

(H) Any municipal bidding procedure may be waived by the governing body: when materials or equipment are purchased at the same price and from the same seller as materials or equipment which have formerly been obtained pursuant to the state bidding procedure in Neb. RS 81-145 to 81-162; or when the contract is negotiated directly with a sheltered workshop pursuant to Neb. RS 48-1503.

(I) Notwithstanding any other provisions of law or a home rule charter, a municipality which has established, by an interlocal agreement with any county, a joint purchasing division or agency may purchase personal property without competitive bidding if the price for the property has been established by the federal General Services Administration or the materiel division of the Department of Administrative Services. For purposes of this division (I), PERSONAL PROPERTY includes, but is not limited to, supplies, materials and equipment used by or furnished to any officer, office, department, institution, board or other agency; and PURCHASING or PURCHASE means the obtaining of personal property by sale, lease or other contractual means. (1971 Code, ' 1-810) (Ord. 340, passed 12-10-1979; Ord. 387, passed 11-13-1983; Ord. 615, passed 10-12-1998) Statutory reference: Related provisions, see Neb. RS 17-568.01, 17-568.02, 18-1756

' 36.12 CLAIMS.

(A) (1) All liquidated and unliquidated claims and accounts payable against the village shall:

(a) Be presented in writing;

(b) State the name and address of the claimant and the amount of the claim; and

(c) Fully and accurately identify the items or services for which payment is claimed or the time, place, nature, and circumstances giving rise to the claim.

(2) As a condition precedent to maintaining an action for a claim, other than a tort claim as defined in Neb. RS 13-903, the claimant shall file such claim within 90 days of the accrual of the claim in the office of the Village Clerk.

(3) The Village Clerk shall notify the claimant or his or her agent or attorney by letter mailed to the claimant=s address within five days if the claim is disallowed by the Board of Trustees.

(4) No costs shall be recovered against the village in any action brought against it for any claim or for any claim allowed in part which has not been presented to the Board of Trustees to be audited, unless the recovery is for a greater sum than the amount allowed with the interest due. (Neb. RS 17-714)

(B) Upon the allowance of claims by the Board of Trustees, the order for their payment shall specify the particular fund or appropriation out of which they are payable as specified in the adopted budget statement; and no order or warrant shall be drawn in excess of 85% of the current levy for the purpose for which it is drawn, unless there is sufficient money in the treasury at the credit of the proper fund for its payment; provided, that if there exists at the time such warrant is drawn, obligated funds from the federal government or the state, or both from the federal government and the state, for the general purpose or purposes of such warrant, then such warrant may be drawn in excess of 85% of the current levy for the purpose for which it is drawn to the additional extent of 100% of such obligated federal or state funds. No claim shall be audited or allowed unless an order or warrant for the payment thereof may legally be drawn. (Neb. RS 17-715)

' 36.13 WARRANTS.

All warrants drawn upon the Village Treasurer must be signed by the Chairperson and countersigned by the Village Clerk, stating the particular fund to which the same is chargeable, the person to whom payable, and for what particular object. No money shall be otherwise paid than upon such warrants so drawn. Each warrant shall specify the amount included in the adopted budget statement for such fund upon which it is drawn and the amount already expended of such fund. (Neb. RS 17-711)

' 36.14 TRANSFER OF FUNDS.

(A) Generally.

(1) Whenever during the current fiscal year it becomes apparent to the Board of Trustees that due to unforeseen emergencies there is temporarily insufficient money in a particular fund to meet the requirements of the adopted budget of expenditures for that fund, the Board may by a majority vote, unless otherwise provided by state law, transfer money from other funds to such fund.

(2) No expenditure during any fiscal year shall be made in excess of the amounts indicated in the adopted budget statement, except as authorized by state law.

(3) Any officer or officers of the Board who obligate funds contrary to the provisions of this section shall be guilty of an offense. (Neb. RS 13-510)

(B) Transfer of funds.

(1) (a) Unless otherwise provided by law, the Board of Trustees may propose to revise the previously adopted budget statement and shall conduct a public hearing on that proposal whenever during the current fiscal year it becomes apparent to the Board of Trustees that:

1. There are circumstances which could not reasonably have been anticipated at the

time the budget for the current year was adopted;

2. The budget adopted violated Neb. RS 13-518 through 13-522, such that the

revenue of the current fiscal year for any fund thereof will be insufficient, additional expenses will be necessarily incurred, or there is a need to reduce the budget requirements to comply with Neb. RS 13-518 through 13-522; or

3. The Board of Trustees has been notified by the Auditor of Public Accounts of a

mathematical or accounting error or noncompliance with the Nebraska Budget Act.

(B) The public hearing requirement shall not apply to emergency expenditures pursuant to Neb. RS 81-829.51.

(2) Notice of the time and place of the hearing shall be published at least five days prior to the date set for hearing in a newspaper of general circulation within the Board=s jurisdiction. This published notice shall set forth:

(a) The time and place of the hearing;

(b) The amount in dollars of additional or reduced money required and for what purpose;

(c) A statement setting forth the nature of the unanticipated circumstances and, if the budget requirements are to be increased, the reasons why the previously adopted budget of expenditures cannot be reduced during the remainder of the current year to meet the need for additional money in that manner;

(d) A copy of the summary of the originally adopted budget previously published; and

(e) A copy of the summary of the proposed revised budget.

(3) At the hearing any taxpayer may appear or file a written statement protesting any application for additional money. A written record shall be kept of all such hearings.

(4) Upon conclusion of the public hearing on the proposed revised budget and approval of the proposed revised budget by the Board of Trustees, the Board shall file with the County Clerk of the county or counties in which the Board of Trustees is located, and with the Auditor of Public Accounts, a copy of the revised budget, as adopted. The Board of Trustees may then issue warrants in payment for expenditures authorized by the adopted revised budget. These warrants shall be referred to as registered warrants and shall be repaid during the next fiscal year from funds derived from taxes levied therefor.

(5) Within 30 days after the adoption of the budget, the Board of Trustees may, or within 30 days after notification of an error by the Auditor of Public Accounts, the Board shall correct an adopted budget which contains a clerical, mathematical or accounting error which does not affect the total amount budgeted by more than 1% or increase the amount required from property taxes. No public hearing shall be required for such a correction. After correction, the Board of Trustees shall file a copy of the corrected budget with the County Clerk of the county or counties in which the Board of Trustees is located and with the Auditor of Public Accounts. The Board of Trustees may then issue warrants in payment for expenditures authorized by the budget. (Neb. RS 13-511) Penalty, see ' 10.99

' 36.15 SPECIAL ASSESSMENT FUND.

All money received on special assessments shall be held by the Village Treasurer as a special fund to be applied to the payment of the improvement for which the assessment was made, and this money shall be used for no other purpose whatever, unless to reimburse the village for money expended for any such improvement. (Neb. RS 17-710)

' 36.16 SINKING FUNDS.

(A) The village is hereby empowered to receive money or property by donation, bequest, gift, devise or otherwise for the benefit of any one or more of the public purposes for which sinking funds are established by the provisions of this section, as stipulated by the donor. The title to the money or property so donated shall vest in the Board of Trustees, or in its successors in office, who shall become the owners thereof in trust to the uses of the sinking fund or funds; provided, if the donation is real estate, the Board of Trustees may manage the same as in the case of real estate donated to the village for village library purposes under the provisions of Neb. RS 51-215 and 51-216. (Neb. RS 19-1301)

(B) The Board of Trustees, subject to all the limitations set forth in this section, shall have the power to levy a tax of not to exceed $0.105 on each $100 in any one year upon the taxable value of all the taxable property within the village for a term of not to exceed ten years, in addition to the amount of tax which may be annually levied for the purposes of the adopted budget statement of the village, for the purpose of establishing a sinking fund for the construction, purchase, improvement, extension, original equipment or repair, not including maintenance, of any one or more of the following public improvements, including acquisition of any land incident to the making thereof: village library; village auditorium or community house for social or recreational purposes; village hall; village public library, auditorium, or community house in a single building; village swimming pool and appurtenances thereto; village jail; village building to house equipment or personnel of a fire department, together with firefighting equipment or apparatus; village park; village cemetery; village medical clinic building, together with furnishings and equipment; or village hospital. The village shall not be authorized to levy the tax or to establish the sinking fund as provided in this division if, having bonded indebtedness, such village has been in default in the payment of interest thereon or principal thereof for a period of ten years prior to the date of the passage of the resolution providing for the submission of the proposition for establishment of the sinking fund as required in division (C) below. (Neb. RS 19-1302)

(C) Before any sinking fund or funds are established, or before any annual tax is levied for any such planned village improvement mentioned in division (B) above by the village, the Board of Trustees shall declare its purpose by resolution to submit to the qualified electors of the village at the next general village election the proposition to provide the village with the specific village improvement planned for consummation under this section. The resolution of submission shall, among other things, set forth a clear description of the improvement planned, the estimated cost according to the prevailing costs, the amount of annual levy over a definite period of years, not exceeding ten years, required to provide such cost, and the specific name or designation for the sinking fund sought to be established to carry out the planned improvement, together with a statement of the proposition for placement upon the ballot at the election. Notice of the submission of the proposition, together with a copy of the official ballot containing the same, shall be published in its entirety three successive weeks before the day of the election in a legal newspaper published in the village or, if no legal newspaper is published therein, in some legal newspaper published in the county in which the village is located and of general circulation. If no legal newspaper is published in the county, such notice shall be published in some legal newspaper of general circulation in the county in which the village is located. No such sinking fund shall be established unless the same has been authorized by a majority or more of the legal votes of the village cast for or against the proposition. If less than a majority of the legal votes favor the establishment of the sinking fund, the planned improvement shall not be made, no annual tax shall be levied therefor, and no sinking fund or sinking funds shall be established in connection therewith, but such resolution of submission shall immediately be repealed. If the proposition shall carry at such election in the manner prescribed in this division, the Board of Trustees and its successors in office shall proceed to do all things authorized under such resolution of submission but never inconsistent with this section. Provisions of the statutes of this state relating to election of officers, voting places, election apparatus and blanks, preparation and form of ballots, information to voters, delivery of ballots, conduct of elections, manner of voting, counting of votes, records and certificates of elections, and recounts of votes, so far as applicable, shall apply to voting on the proposition under this section. (Neb. RS 19-1303)

(D) All funds received by the Village Treasurer, by donation or by tax levy, as hereinbefore provided, shall, as they accumulate, be immediately invested by the Treasurer, with the written approval of the Board of Trustees. Whenever investments of such sinking fund or funds are made, as aforesaid, the nature and character of the same shall be reported to the Board of Trustees, and the investment report shall be made a matter of record by the Village Clerk in the proceedings of the Village Board. The sinking fund, or sinking funds, accumulated under the provisions of this section, shall constitute a special fund, or funds, for the purpose or purposes for which the same was authorized and shall not be used for any other purpose unless authorized by 60% of the qualified electors of the village voting at a general election favoring such change in the use of the sinking fund or sinking funds; provided, that the question of the change in the use of the sinking fund or sinking funds, when it fails to carry, shall not be resubmitted in substance for a period of one year from and after the date of such election. (Neb. RS 19-1304) Statutory reference: Additional levy limitations, see Neb. RS 17-702

' 36.17 GENERAL FUND.

All money not specifically appropriated in the annual appropriation bill shall be deposited in and known as the General Fund. (1971 Code, ' 1-816)

' 36.18 DEPOSIT OF FUNDS.

(A) The Village Treasurer shall deposit, and at all times keep on deposit, for safekeeping, in banks, capital stock financial institutions, or qualifying mutual financial institutions of approved and responsible standing, all money collected, received, or held by him or her as Village Treasurer. Such deposits shall be subject to all regulations imposed by law or adopted by the Board of Trustees for the receiving and holding thereof. The fact that a stockholder, director, or other officer of such bank, capital stock financial institution, or qualifying mutual financial institution is also serving as a member of the Board of Trustees or as any other officer of the village shall not disqualify such bank, capital stock financial institution, or qualifying mutual financial institution from acting as a depository for such municipal funds.

(B) The Board of Trustees shall require from all banks, capital stock financial institutions or qualifying mutual financial institutions: a bond in such penal sum as may be the maximum amount on deposit at any time less the amount insured by the Federal Deposit Insurance Corporation or, in lieu thereof; security given as provided in the Public Funds Deposit Security Act to secure the payment of all such deposits and accretions. The Board of Trustees shall approve such bond or giving of security. The Village Treasurer shall not be liable for any loss of any money sustained by reason of the failure of any such depository so designated and approved.

(C) The insurance afforded to depositors in banks, capital stock financial institutions or qualifying mutual financial institutions through the Federal Deposit Insurance Corporation shall be deemed and construed to be a surety bond to the extent that the deposits are insured by such corporation, and for deposits so insured, no other surety bond or other security shall be required.

(D) Neb. RS 77-2366 shall apply to deposits in capital stock financial institutions. Neb. RS 77-2365.01 shall apply to deposits in qualifying mutual financial institutions. (1971 Code, ' 1-817) (Ord. 613, passed 10-12-1998; Ord. 690, passed 10-14-2002; Ord. 721, passed 11-10-2003; Ord. 730, passed 1-12-2004) Statutory reference: Related provisions, see Neb. RS 17-607, 77-2362

' 36.19 CERTIFICATES OF DEPOSIT; TIME DEPOSITS; CONDITIONS.

The Village Treasurer may, upon resolution of the Board of Trustees authorizing the same, purchase certificates of deposit from and make time deposits in any bank, capital stock financial institution or qualifying mutual financial institution in the state to the extent that such certificates of deposit or time deposits are insured by the Federal Deposit Insurance Corporation. Deposits may be made in excess of the amounts so secured by the corporation, and the amount of the excess deposit shall be secured by a bond or by security given in the same manner as is provided for cities of the first class in Neb. RS 16-714 to 77-2366, shall apply to deposits in capital stock financial institutions. Neb. RS 77-2365.01 shall apply to deposits in qualifying mutual financial institutions. (1971 Code, ' 1-817.01) (Ord. 614, passed 10-12-1998; Ord. 691, passed 10-14-2002) Statutory reference: Related provisions, see Neb. RS 17-720

' 36.20 INVESTMENT OF FUNDS.

Whenever a city has accumulated a surplus of any fund in excess of its current needs or has accumulated a sinking fund for the payment of its bonds and the money in such sinking fund exceeds the amount necessary to pay the principal and interest of any such bonds which become due during the current year, the governing body of such city may invest any such surplus in certificates of deposit, in time deposits, and in any securities in which the state investment officer is authorized by law and as provided in the authorized investment guidelines of the Nebraska Investment Council in effect on the date the investment is made. (1971 Code, ' 1-818) (Ord. 469, passed 1-8-1990) Statutory reference: Related provisions, see Neb. RS 17-608, 17-609, 21-1316.01, 77-2341

' 36.21 BOND ISSUES.

The governing body may, after meeting all the requirements of state law, issue bonds, fund bonds and retire bonds for such purposes as may be permitted by state law. The governing body shall have the authority to levy special assessments for the payment of interest and principal on such bonds, and may spread the payments up to the maximum number of years permitted by state law. (1971 Code, ' 1-819) Statutory reference: Related provisions, see Neb. RS 10-201 through 10-411, 10-601 through 10-614, 12-1001, 17-529.01, 17-529.08, 17-534, 17-905, 17-908, 17-911, 17-939, 17-958, 17-968, 18-1801 through 18-1805, 23-343.13, 39-836

' 36.22 PROPRIETARY BUDGET; NURSING HOME.

(A) Pursuant to the Municipal Proprietary Function Act, being Neb. RS 18-2801 through 18-2808, the Village Board of Trustees hereby establishes a separate and distinct budget year for the village owned nursing home, El Dorado Manor. Commencing on July 1, 1996, the fiscal year for the nursing home shall be the 12-month period from July 1 each year through the following June 30 each year.

(B) A new proprietary budget statement for the new fiscal year shall be adopted by the Village Board at or before the commencement of the new fiscal year commencing July 1, 1996, and each year thereafter. (1971 Code, ' 1-820) (Ord. 540, passed 10-9-1995)

' 36.23 PROPERTY TAX LEVY AND REQUEST; AUTHORITY TO SET.

(A) The property tax request for the prior year shall be the property tax request for the current year for purposes of the levy set by the County Board of Equalization in Neb. RS 77-1601, unless the Board of Trustees passes by a majority vote a resolution or ordinance setting the tax request at a different amount. Such resolution or ordinance shall only be passed after a special public hearing called for such purpose is held and after notice is published in a newspaper of general circulation in the area of the municipality at least five days prior to the hearing.

(B) The hearing notice shall contain the following information:

(1) The dollar amount of the prior year=s tax request and the property tax rate that was necessary to fund that tax request;

(2) The property tax rate that would be necessary to fund last year=s tax request if applied to the current year=s valuation; and

(3) The proposed dollar amount of the tax request for the current year and the property tax rate that will be necessary to fund that tax request.

(C) Any resolution setting a tax request under this section shall be certified and forwarded to the County Clerk prior to October 14 of the year for which the tax request is to apply.

(D) Any tax levy which is not in compliance with this section and Neb. RS 77-1601 shall be construed as an unauthorized levy under Neb. RS 77-1606. (1971 Code, ' 1-821) (Ord. 578, passed 9-8-1997; Ord. 608, passed 10-12-1998; Ord. 662, passed 1-8-2001) Statutory reference: Related provisions, see Neb. RS 77-1601.02

' 36.24 PROPERTY TAX LEVY; MAXIMUM; AUTHORITY TO EXCEED.

(A) Property tax levies for the support of the village for fiscal years beginning on or after July 1, 1998, shall be limited to the amounts set forth in this division (A), except as provided in division (C) below. The village may levy a maximum levy of $0.45 per $100 of taxable valuation of property subject to the levy plus an additional $0.05 per $100 of taxable valuation to provide financing for the village=s share of revenue required under an agreement or agreements executed pursuant to the Interlocal Cooperation Act or the Joint Public Agency Act. The maximum levy shall include amounts levied to pay for sums to support a library pursuant to Neb. RS 51-201, museum pursuant to Neb. RS 51-501, visiting community nurse, home health nurse, or home health agency pursuant to Neb. RS 71-1637, or statue, memorial or monument pursuant to Neb. RS 80-202. Property tax levies for judgments, except judgments or orders from the Commission of Industrial Relations, obtained against the village which require or obligate the village to pay such judgment, to the extent such judgment is not paid by liability insurance coverage of the village, for preexisting lease-purchase contracts approved prior to July 1, 1998, for bonded indebtedness approved according to law and secured by a levy on property, and for payments by a public airport to retire interest-free loans from the Department of Aeronautics in lieu of bonded indebtedness at a lower cost to the public airport are not included in the levy limits established by this division (A). The limitations on tax levies provided in this division (A) are to include all other general or special levies provided by law. Notwithstanding other provisions of law, the only exceptions to the limits in this division (A) are those provided by or authorized by this section. Tax levies in excess of the limitations in this section shall be considered unauthorized levies under Neb. RS 77-1606, unless approved under division (C) below.

(B) (1) All city airport authorities established under the Cities Airport Authorities Act, and community redevelopment authorities established under the Community Development Law may be allocated property taxes as authorized by law which are authorized by the village and are counted in the municipal levy limit provided by division (A) above, except that such limitation shall not apply to property tax levies for preexisting lease-purchase contracts approved prior to July 1, 1998, for bonded indebtedness approved according to law and secured by a levy on property, and for payments by a public airport to retire interest-free loans from the Department of Aeronautics in lieu of bonded indebtedness at a lower cost to the public airport. The Board of Trustees shall review and approve or disapprove the levy request of the political subdivisions subject to this division (B). The Board of Trustees may approve all or a portion of the levy request and may approve a levy request that would allow a levy greater than that permitted by law. The levy allocated by the village may be exceeded as provided in division (C) below.

(2) On or before August 1, all political subdivisions subject to municipal levy authority under this division (B) shall submit a preliminary request for levy allocation to the Board of Trustees. The preliminary request of the political subdivision shall be in the form of a resolution adopted by a majority vote of members present of the political subdivision=s governing body. The failure of a political subdivision to make a preliminary request shall preclude such political subdivision from using procedures set forth in Neb. RS 77-3444 to exceed the final levy allocation as determined in this division (B).

(3) (a) The Board of Trustees shall:

1. Adopt a resolution by a majority vote of members present which determines a final

allocation of levy authority to its political subdivisions; and

2. Forward a copy of such resolution to the chairperson of the governing body of

each of its political subdivisions.

(b) No final levy allocation shall be changed after September 1 except by agreement between both the Board of Trustees and the governing body of the political subdivision whose final levy allocation is at issue.

(C) (1) The village may exceed the limits provided in division (A) above by an amount not to exceed a maximum levy approved by a majority of registered voters voting on the issue in a primary, general or special election at which the issue is placed before the registered voters. A vote to exceed the limits must be approved prior to October 10 of the fiscal year which is to be the first to exceed the limits.

(2) The Board of Trustees may call for the submission of the issue to the voters:

(a) By passing a resolution calling for exceeding the limits by a vote of at least two-thirds of the members of the Board of Trustees and delivering a copy of the resolution to the County Clerk or Election Commissioner of every county which contains all or part of the village; or

(b) Upon receipt of a petition by the County Clerk or Election Commissioner of every county containing all or part of the village requesting an election signed by at least 5% of the registered voters residing in the village.

(3) The resolution or petition shall include the amount of levy which would be imposed in excess of the limits provided in division (A) above and the duration of the excess levy authority. The excess levy authority shall not have a duration greater than five years. Any resolution or petition calling for a special election shall be filed with the County Clerk or Election Commissioner no later than 30 days prior to the date of the election, and the time of publication and providing a copy of the notice of election required in Neb. RS 32-802 shall be no later than 20 days prior to the election,

(4) The County Clerk or Election Commissioner shall place the issue on the ballot at an election as called for in the resolution or petition which is at least 30 days after receipt of the resolution or petition. The election shall be held pursuant to the Election Act. For petitions tiled with the County Clerk or Election Commissioner on or after May 1, 1998, the petition shall be in the form as provided in Neb. RS 32-628 through 32-631.

(5) Any excess levy authority approved under this division (C) shall terminate pursuant to its terms, on a vote of the Board of Trustees to terminate the authority to levy more than the limits, at the end of the fourth fiscal year following the first year in which the levy exceeded the limit or as provided in division (C)(8) below, whichever is earliest.

(6) The Board of Trustees may pass no more than one resolution calling for an election pursuant to this division (C) during any one calendar year. Only one election may be held in any one calendar year pursuant to a petition initiated under this division (C). The ballot question may include any terms and conditions set forth in the resolution or petition and shall include the language specified in Neb. RS 77-3444.

(7) If a majority of the votes cast upon the ballot question are in favor of such tax, the County Board shall authorize a tax in excess of the limits in division (A) above, but such tax shall not exceed the amount stated in the ballot question. If a majority of those voting on the ballot question are opposed to such tax, the Board of Trustees shall not impose such tax.

(8) In lieu of the election procedures in this division (C), the village may approve a levy in excess of the limits in division (A) above for a period of one year at a meeting of the residents of the village, called after notice is published in a newspaper of general circulation in the village at least 20 days prior to the meeting. At least 10% of the registered voters residing in the village shall constitute a quorum for purposes of taking action to exceed the limits. If a majority of the registered voters present at the meeting vote in favor of exceeding the limits, a copy of the record of that action shall be forwarded to the County Board prior to October 10 and the County Board shall authorize a levy as approved by the residents for the year. If a majority of the registered voters present at the meeting vote against exceeding the limits, the limit shall not be exceeded and the village shall have no power to call for an election under this division (C).

(9) (a) The village may rescind or modify a previously approved excess levy authority prior to its expiration by a majority of registered voters voting on the issue in a primary, general or special election at which the issue is placed before the registered voters. A vote to rescind or modify must be approved prior to October 10 of the fiscal year for which it is to be effective.

(b) The Board of Trustees may call for the submission of the issue to the voters:

1. By passing a resolution calling for the rescission or modification by a vote of at

least two-thirds of the members of the Board of Trustees and delivering a copy of the resolution to the County Clerk or Election Commissioner of every county which contains all or part of the village; or

2. Upon request of a petition by the County Clerk or Election Commissioner of every

county containing all or part of the village requesting an election signed by at least 5% of the registered voters residing in the village.

(c) The resolution or petition shall include the amount and the duration of the previously approved excess levy authority and a statement that either such excess levy authority will be rescinded or such excess levy authority will be modified. If the excess levy authority will be modified, the amount and duration of such modification shall be stated. The modification shall not have a duration greater than five years. The County Clerk or Election Commissioner shall place the issue on the ballot at an election as called for in the resolution or petition which is at least 30 days after receipt of the resolution or petition, and the time of publication and providing a copy of the notice of election required in Neb. RS 32-802 shall be no later than 20 days prior to the election. The election shall be held pursuant to the Election Act. (1971 Code, ' 1-822) (Ord. 607, passed 10-12-1998; Ord. 663, passed 1-8-2001; Ord. 722, passed 11-10-2003) Statutory reference: Related provisions, see Neb. RS 77-3442, 77-3443, 77-3444

' 36.25 ALL PURPOSE LEVY; ALLOCATION; ABANDONMENT; EXTRAORDINARY

LEVIES.

(A) The governing body has decided to certify to the County Clerk for collection one all-purpose levy required to be raised by taxation for all municipal purposes instead of certifying a schedule of levies for specific purposes added together. Subject to the limits in Neb. RS 77-3442, the all-purpose levy shall not exceed the annual levy specified in Neb. RS 19-1309 to be levied upon the taxable valuation of all taxable property in the municipality.

(B) The amount of the all-purpose levy shall be certified as a single amount for general fund purposes. The governing body shall allocate the amount raised by the all-purpose levy to the several departments of the municipality in its annual budget and appropriation ordinance, or in other legal manner, as the governing body deems wisest and best.

(C) The municipality shall be hound by its election to follow the all-purpose levy method during the ensuing fiscal year but may abandon such method in succeeding fiscal years.

(D) Otherwise authorized extraordinary levies to service and pay bonded indebtedness of the municipality may be made by the municipality in addition to the all-purpose levy. (1971 Code, ' 1-823) (Ord. 612, passed 10-12-1998) Statutory reference: Related provisions, see Neb. RS 19-1309 through 19-1312

' 36.26 REVISION OF BUDGET.

(A) Unless otherwise provided by law, the governing body may propose to revise the previously adopted budget statement and shall conduct a public hearing on such proposal whenever during the current fiscal year it becomes apparent to the governing body that:

(1) There are circumstances which could not reasonably have been anticipated at the time the budget for the current year was adopted;

(2) The budget adopted violated Neb. RS 13-518 to 13-522, such that the revenue of the current fiscal year for any fund thereof will be insufficient, additional expenses will be necessarily incurred, or there is a need to reduce the budget requirements to comply with Neb. RS 13-518 to 13-522; or

(3) The governing body has been notified by the Auditor of Public Accounts of a mathematical or accounting error or noncompliance with the Nebraska Budget Act.

(B) Notice of the time and place of the hearing shall be published at least five days prior to the date set for hearing in a newspaper of general circulation within the municipality. Such published notice shall set forth:

(1) The time and place of the hearing;

(2) The amount in dollars of additional or reduced money required and for what purpose;

(3) A statement setting forth the nature of the unanticipated circumstances and, if the budget requirements are to be increased, the reasons why the previously adopted budget of expenditures cannot be reduced during the remainder of the current year to meet the need for additional money in that manner;

(4) A copy of the summary of the originally adopted budget previously published; and

(5) A copy of the summary of the proposed revised budget.

(C) At such hearing, any taxpayer may appear or file a written statement protesting any application for additional money. A written record shall be kept of all such hearings.

(D) Upon conclusion of the public hearing on the proposed revised budget and approval of the proposed revised budget by the governing body, the governing body shall file with the County Clerk of the county or counties in which such governing body is located, and with the Auditor of Public Accounts, a copy of the revised budget, as adopted. The governing body may then issue warrants in payment for expenditures authorized by the adopted revised budget. Such warrants shall be referred to as registered warrants and shall be repaid during the next fiscal year from funds derived from taxes levied therefor.

(E) Within 30 days after the adoption of the budget under Neb. RS 13-506, a governing body may, or within 30 days after notification of an error by the Auditor of Public Accounts, a governing body shall, correct an adopted budget which contains a clerical, mathematical or accounting error which does not affect the total amount budgeted by more than 1% or increase the amount required from property taxes. No public hearing shall be required for such a correction. After correction, the governing body shall file a copy of the corrected budget with the County Clerk of the county or counties in which such governing body is located and with the Auditor of Public Accounts. The governing body may then issue warrants in payment for expenditures authorized by the budget. (1971 Code, ' 1-824) (Ord. 664, passed 1-8-2001; Ord. 692, passed 10-14-2002; Ord. 720, passed 10-13-2003) Statutory reference: Related provisions, see Neb. RS 13-511