FRANKLIN, NEBRASKA CODE OF ORDINANCES

Franklin, NE Code of Ordinances

FRANKLIN, NEBRASKA CODE OF ORDINANCES

BookmarkFRANKLIN, NEBRASKA
CODE OF ORDINANCES
Local legislation current through Ord. 934, passed 2-13-2018
State Legislation current through 2017
 
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OFFICIALS of the CITY OF FRANKLIN, NEBRASKA

OFFICIALS
of the
CITY OF FRANKLIN, NEBRASKA
 
Elected Officials
JD Bonham, Mayor
Margaret Siel, President
Bryon Detlefsen, Councilperson
Tom Dreher, Councilperson
Mark Goebel, Councilperson
Officials
Mike Bower
Electric Superintendent/Plant Supervisor
Raquel Felzien
City Clerk/Treasurer
Stan Muir
Sanitation/Waste Reduction Director
Michelle Kahrs
Deputy City Clerk
Drew Boston
Water/Sewer
Bryan McQuay
City Attorney
Sean Cadwell
Chief of Police
Andrew Luczak
Police Patrolman
Kate Flesner
Library Director
Barry Rubendall
Street Commissioner
Cory Davis
Cemetery/Park Director
Shannan Carraher
Utility Worker
 

ADOPTING ORDINANCES

ADOPTING ORDINANCES

ORDINANCE NO. 908

ORDINANCE NO. 908
AN ORDINANCE OF THE CITY OF FRANKLIN, NEBRASKA, TO REVISE ALL THE ORDINANCES OF THE CITY OF FRANKLIN, NEBRASKA, TO REPEAL PRIOR ORDINANCES, TO REQUIRE FILING, AND TO PROVIDE AN EFFECTIVE DATE.
   BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF FRANKLIN, NEBRASKA:
   Section 1. The general ordinances of the City of Franklin, Nebraska are hereby revised, codified, and printed in book form as the "Code of Ordinances of Franklin, Nebraska" consisting of the following Titles:
FRANKLIN, NEBRASKA
TABLE OF CONTENTS
   CHAPTER 1: ADMINISTRATIVE
         1.   Elected Officials
         2.   Appointed Officials
         3.   Bonds and Oath
         4.   Corporate Seal
         5.   Meetings
         6.   Ordinances, Resolutions and Motions
         7.   Elections
         8.   Fiscal Management
         9.   Compensation
         10.   Initiative and Referendum
         11.   Intergovernmental Risk Management
         12.   Penal Provision
   CHAPTER 2: COMMISSIONS AND BOARDS
         1.   Commissions and Boards
         2.   Penal Provision
   CHAPTER 3: DEPARTMENTS
         1.   Water Department
         2.   Sewer Department
         3.   Police Department
         4.   Parks
         5.   Library
         6.   Cemetery
         7.   Municipal Electrical System
         8.   Cogeneration
         9.   Utilities Generally
         10.   Penal Provision
   CHAPTER 4: HEALTH AND SANITATION
      1.   General Provisions
      2.   Garbage Disposal
      3.   Nuisances and Pollution
      4.   Junk Yards
      5.   Solid Waste Disposal
      6.   Penal Provision
   CHAPTER 5: TRAFFIC REGULATIONS
      1.   Municipal Traffic Regulations
      2.   Operator and Vehicle Qualifications
      3.   Parking
   CHAPTER 6: POLICE REGULATIONS
      1.   Dogs and Cats
      2.   Animals Generally
         3.   Miscellaneous Misdemeanors
         4.   Penal Provision
   CHAPTER 7: FIRE REGULATIONS
         1.   Fires
         2.   Fire Prevention
         3.   Gasoline Storage
         4.   Penal Provision
   CHAPTER 8: PUBLIC WAYS AND PROPERTY
         1.   Municipal Property
         2.   Sidewalks
         3.   Streets
         4.   Curb and Gutter
         5.   Penal Provision
   CHAPTER 9: BUILDING REGULATIONS
         1.   Building Code
         2.   Residential Code
         3.   Plumbing Code
         4.   Electrical Code
         5.   Penal Provision
   CHAPTER 10: BUSINESS REGULATIONS
         1.   Alcoholic Beverages
         2.   Sales and Advertising
         3.   Public Amusements
         4.   Business Enterprises
         5.   Occupation Taxes
         6.   Franchise Agreements
         7.   Tobacco Sales
         8.   Lottery
         9.   Sexually Oriented Businesses
         10.   Sales and Use Tax
         11.   Penal Provision
   CHAPTER 11: MUNICIPAL PLANNING
         1.   Comprehensive Plan
         2.   Zoning Regulations
         3.   Subdivision Regulations
         4.   Conflicts
         5.   Group Homes
         6.   Flood Plain Regulations
         7.   Penal Provision
   PARALLEL REFERENCES
      References to Nebraska Revised Statutes
      References to Ordinances
   Section 2. The Code of Ordinances contains all the provisions of a general nature pertaining to the subjects enumerated and embraced in the code. All prior ordinances pertaining to the subjects treated by the code are repealed, except that nothing shall affect any rights acquired under, actions involving, or fines, penalties, forfeitures, or liabilities incurred pursuant to such ordinances prior to repeal.
   Section 3. All ordinances of a temporary or special nature and all other ordinances pertaining to subjects not embraced in the Code of Ordinances, including ordinances specified in this section, shall remain in full force and effect unless repealed expressly or by necessary implication.
      a.   Vacating or setting the boundaries of streets, alleys, or other public places.
      b.   Annexing or detaching territory.
      c.   Granting or accepting easements, plats, or dedication of land to public use.
      d.   Providing for the acquisition or conveyance of real or personal property.
      e.   Authorizing or directing public improvements to be made.
      f.   Levying taxes or special assessments.
      g.   Appropriating money.
      h.   Granting franchises or special licenses.
      i.   Providing for the issuance of bonds or other instruments of indebtedness.
   Section 4. At least one copy of the Code of Ordinances shall be on file in the office of the City Clerk and available for inspection by members of the public during the hours the office is kept open for the ordinary transaction of business. The Clerk shall file a copy of the ordinances with the County Court.
   Section 5. This ordinance will be in full force and shall take effect from and after its passage, approval, and publication according to law.
PASSED AND APPROVED this 9th day of November, 2015.
                              APPROVED:
                              Jeremy D. Bonham /s/
                              Mayor
ATTEST:
Cheryl K. Saathoff /s/
City Clerk
(Seal)

CHAPTER 1: ADMINISTRATIVE

BookmarkCHAPTER 1:  ADMINISTRATIVE
   Article
      1.   ELECTED OFFICIALS
      2.   APPOINTED OFFICIALS
      3.   BONDS AND OATH
      4.   CORPORATE SEAL
      5.   MEETINGS
      6.   ORDINANCES, RESOLUTIONS AND MOTIONS
      7.   ELECTIONS
      8.   FISCAL MANAGEMENT
      9.   COMPENSATION
      10.   INITIATIVE AND REFERENDUM
      11.   INTERGOVERNMENTAL RISK MANAGEMENT
      12.   PENAL PROVISION

ARTICLE 1: ELECTED OFFICIALS

BookmarkARTICLE 1:  ELECTED OFFICIALS
Section
   1-101   Mayor; election; qualifications; term
   1-102   Mayor; powers and duties
   1-103   Mayor; vacancy
   1-104   City Council; election; qualifications; terms
   1-105   City Council; President; Acting President
   1-106   City Council; standing committees
   1-107   City Council; vacancy; general provisions
   1-108   City Council; vacancy due to unexcused absences

§ 1-101 MAYOR; ELECTION; QUALIFICATIONS; TERM.

Bookmark§ 1-101  MAYOR; ELECTION; QUALIFICATIONS; TERM.
   (A)   The Mayor shall be elected as provided in the Election Act.  The Mayor shall take office on the date of the first regular meeting of the City Council held in December following the statewide general election.  The Mayor shall be a resident and registered voter of the city.
(Neb. RS 17-107)
   (B)   The Mayor shall serve for a term of four years or until his or her successor is elected and qualified.
(Neb. RS 32-533)
(Ord. 312, passed 6-14-1976; Ord. 376, passed 10-13-1980)

§ 1-102 MAYOR; POWERS AND DUTIES.

Bookmark§ 1-102  MAYOR; POWERS AND DUTIES.
   (A)   The Mayor shall preside at all meetings of the City Council. The Mayor may vote when his or her vote would provide the additional vote required to attain the number of votes equal to a majority of the number of members elected to the City Council on any pending matter, legislation, or transaction, and the Mayor shall, for the purpose of such vote, be deemed to be a member of the Council.  He or she shall have superintendence and control of all the officers and affairs of the city, and shall take care that the ordinances of the city and all laws governing cities of the second class are complied with.
(Neb. RS 17-110)
   (B)   The Mayor shall have the power to veto or sign any ordinance passed by the City Council and to approve or veto any order, bylaw, resolution, award of or vote to enter into any contract, or the allowance of any claim. If the Mayor approves the ordinance, order, bylaw, resolution, contract, or claim, he or she shall sign it, and it shall become effective. If the Mayor vetoes the ordinance, order, bylaw, resolution, contract, or any item or items of appropriations or claims, he or she shall return it to the City Council stating that the measure is vetoed. The Mayor may issue the veto at the meeting at which the measure passed or within seven calendar days after the meeting. If the Mayor issues the veto after the meeting, the Mayor shall notify the City Clerk of the veto in writing. The Clerk shall notify the City Council in writing of the Mayor's veto. Any order, bylaw, resolution, award of or vote to enter into any contract, or the allowance of any claim vetoed by the Mayor may be passed over his or her veto by a vote of two-thirds of the members of the Council.  If the Mayor neglects or refuses to sign any ordinance, order, bylaw, resolution, award of or vote to enter into any contract, or the allowance of any claim, but fails to veto the measure within the time required by this section, the measure shall become effective without his or her signature. The Mayor may veto any item or items of any appropriation bill or any claims bill, and approve the remainder thereof, and the item or items vetoed may be passed by the Council over the veto as in other cases.
(Neb. RS 17-111)
   (C)   The Mayor shall, from time to time, communicate to the City Council such information and recommend such measures as, in his or her opinion, may tend to the improvement of the finances, the police, health, security, ornament, comfort, and general prosperity of the city.
(Neb. RS 17-112)
   (D)   The Mayor shall have the power, when he or she deems it necessary, to require any officer of the city to exhibit his or her accounts or other papers, and to make reports to the Council, in writing, touching any subject or matter pertaining to his or her office.
(Neb. RS 17-113)
   (E)   The Mayor shall have such jurisdiction as may be vested in him or her by ordinance, over all places within five miles of the corporate limits of the city, for the enforcement of any health or quarantine ordinance and regulation thereof, and shall have jurisdiction in all matters vested in him or her by ordinance, excepting taxation, within the extraterritorial zoning jurisdiction of the city.
(Neb. RS 17-114)
   (F)   The Mayor shall have the power to remit fines and forfeitures, and to grant reprieves and pardons for all offenses arising under the ordinances of the city.
(Neb. RS 17-117)
   (G)   The Mayor shall hold no other elective or appointive office or employment with the city.
   (H)   The Mayor shall sign the City Clerk's minutes of all meetings of the City Council, and he or she shall sign all resolutions that have been passed and warrants for the payment of money when ordered by the Council.
   (I)   The Mayor shall have such other duties as are reposed in the Mayor by the laws of the State of Nebraska or as the Council may by resolution confer upon the Mayor.
(Ord. 312, passed 6-14-1976; Ord. 376, passed 10-13-1980; Ord. 925, passed 2-13-2018)
Statutory reference:
   Restrictions on holding other office or employment, see Neb. RS 17-108.02, 32-109, 32-603, and 32-604

§ 1-103 MAYOR; VACANCY.

Bookmark§ 1-103  MAYOR; VACANCY.
   (A)   The office of Mayor shall be vacant upon the happening of any of the events specified in Neb. RS 32-560 except as provided in Neb. RS 32-561.
   (B)   (1)   In case of any vacancy in the office of Mayor, or in case of his or her disability or absence, the President of the City Council shall exercise the office of Mayor for the unexpired term, until such disability is removed, or in case of temporary absence, until the Mayor returns.
(Neb. RS 32-568)
      (2)   If the President of the Council assumes the office of Mayor for the unexpired term, there shall be a vacancy on the Council.
(Neb. RS 17-107, 32-568) (Ord. 313, passed 6-14-1976)
Statutory reference:
   Additional and similar provisions, see Neb. RS 32-560 through 32-572
   Ineligibility of person subjected to recall, see Neb. RS 32-1308

§ 1-104 CITY COUNCIL; ELECTION; QUALIFICATIONS; TERMS.

Bookmark§ 1-104  CITY COUNCIL; ELECTION; QUALIFICATIONS; TERMS.
   (A)   The City Council shall consist of not less than four nor more than 12 residents of the city who are registered voters.
(Neb. RS 17-103)
   (B)   All Council members shall be nominated and elected on a nonpartisan ballot unless the city provides for a partisan ballot by ordinance.
(Neb. RS 32-557)
   (C)   If members of the Council are not elected at large:
      (1)   The city shall be divided into not less than two nor more than six wards, as may be provided by ordinance of the City Council, and each ward shall contain, as nearly as practicable, an equal portion of the population;
(Neb. RS 17-102)
      (2)   Each ward of the city shall have at least two Council members elected in the manner provided in the Election Act.  No person shall be eligible to the office of Council member who is not at the time of the election an actual resident of the ward for which he or she is elected and a registered voter; and
(Neb. RS 17-104)
      (3)   Such wards shall be substantially equal in population as determined by the most recent federal decennial census.
(Neb. RS 32-553)
   (D)   The term of office shall begin on the first regular meeting of the Council in December following the statewide general election.
(Neb. RS 17-104)
   (E)   Members of the Council shall serve for terms of four years or until their successors are elected and qualified.
(Neb. RS 32-533)
   (F)   If the city operates under a city manager plan, members of the City Council shall be residents and registered voters of the city and shall hold no other employment with the city. Any Council member who ceases to possess any of the qualifications required by this section or who has been convicted of a felony or of any public offense involving the violation of the oath of office of such member while in office shall forthwith forfeit such office.
(Neb. RS 19-613)
Statutory reference:
   Restrictions on holding other office or employment, see Neb. RS 17-108.02, 32-109, 32-603, 32-604
   Election Act, see Neb. RS 32-101
   Other requirements for wards, see Neb. RS 32-552 and 32-553
   Ability to elect council members at large or by ward, see Neb. RS 32-554

§ 1-105 CITY COUNCIL; PRESIDENT; ACTING PRESIDENT.

Bookmark§ 1-105  CITY COUNCIL; PRESIDENT; ACTING PRESIDENT.
   (A)   The City Council shall elect one of its own body who shall be styled the President of the Council and who shall preside at all meetings of the Council in the absence of the Mayor.
   (B)   In the absence of the President, the Council shall elect one of its own body to occupy his or her place temporarily, who shall be styled Acting President of the Council.
   (C)   The President, and Acting President, when occupying the place of the Mayor, shall have the same privileges as other members of the Council; and all acts of the President or Acting President, while so acting, shall be as binding upon the Council and upon the city as if done by the Mayor.
(Neb. RS 17-148)

§ 1-106 CITY COUNCIL; STANDING COMMITTEES.

Bookmark§ 1-106  CITY COUNCIL; STANDING COMMITTEES.
   At the organizational meeting of the City Council, the Mayor shall appoint members of such standing committees as the Council may create by ordinance or resolution.  The membership of such standing committees may be changed at any time by the Mayor.  The Mayor shall be an ex officio member of each standing committee.  The members of the standing committees shall serve a term of office of one year, unless reappointed.

§ 1-107 CITY COUNCIL; VACANCY; GENERAL PROVISIONS.

Bookmark§ 1-107  CITY COUNCIL; VACANCY; GENERAL PROVISIONS.
   (A)   The office of member of the City Council shall be vacant upon the happening of any of the events specified in Neb. RS 32-560 except as provided in Neb. RS 32-561.
   (B)   Any vacancy on the City Council shall be filled as provided in division (C) of this section.
(Neb. RS 32-568)
   (C)   (1)   (a)   Except as otherwise provided in division (C)(2) or (3) or § 1-103, vacancies in city elective offices shall be filled by the Mayor and Council 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 Council at a regular or special meeting and shall appear as a part of the minutes of such meeting.  The Council shall at once give public notice of the vacancy by causing to be published in a newspaper of general circulation within the city or by posting in three public places in the city the office vacated and the length of the unexpired term.
         (b)   The Mayor shall call a special meeting of the Council or place the issue of filling such vacancy on the agenda at the next regular meeting at which time the Mayor shall submit the name of a qualified registered voter to fill the vacancy for the balance of the unexpired term. The regular or special meeting shall occur upon the death of the incumbent or within four weeks after the meeting at which such notice of vacancy has been presented.  The Council shall vote upon the nominee, and if a majority votes in favor of the 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 Mayor 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 Mayor shall continue at that meeting to submit the names of qualified registered voters in nomination and the Council shall continue to vote upon the nominations at such meeting until the vacancy is filled.  The Mayor shall cast his or her vote for or against the nominee in case of a tie vote of the Council.  All Council members present shall cast a ballot for or against the nominee.  Any member of the Council who has been appointed to fill a vacancy on the Council shall have the same rights, including voting, as if that person were elected.
      (2)   The Mayor and Council may, in lieu of filling a vacancy in a city elected office as provided in division (C)(1), call a special city election to fill such vacancy.
      (3)   If vacancies exist in the offices of a majority of the members of the City Council, the Secretary of State shall conduct a special city election to fill such vacancies.
(Neb. RS 32-569)
(Ord. 313, passed 6-14-1976; Ord. 455, passed 8-14-1984; Ord. 550, passed 12-10-1990; Ord. 664, passed 10-12-1998)
Statutory reference:
   Additional and similar provisions, see Neb. RS 32-560 through 32-572
   Ineligibility of person subjected to recall, see Neb. RS 32-1308

§ 1-108 CITY COUNCIL; VACANCY DUE TO UNEXCUSED ABSENCES.

Bookmark§ 1-108  CITY COUNCIL; 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 City Council shall exist if a member is absent from more than five consecutive regular meetings of the Council unless the absences are excused by a majority vote of the remaining members.
(Neb. RS 19-3101)
   (B)   The City Council 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 City Clerk; or
      (2)   A motion of any other Council member.
   (C)   If a Council 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 City Clerk shall include this as an item on the agenda for the next regular meeting.  At that meeting, the Council shall set a date for a hearing and direct the City 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 Council member shall have the right to present information on why one or more of the absences should be excused.  If the Council 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 Council.
(Ord. 749, passed 3-10-2003)

ARTICLE 2: APPOINTED OFFICIALS

BookmarkARTICLE 2:  APPOINTED OFFICIALS
Section
   1-201   Appointed officials; appointment; terms; removal; powers; duties
   1-202   Appointed officials; qualification for office
   1-203   Appointed officials; merger of offices
   1-204   Appointed officials; City Clerk
   1-205   Appointed officials; City Treasurer
   1-206   Appointed officials; City Attorney
   1-207   Appointed officials; Police Chief
   1-208   Appointed officials; police officers
   1-209   Appointed officials; Water Commissioner/Public Works Commissioner
   1-210   Appointed officials; Sewer Commissioner
   1-211   Appointed officials; Overseer of Streets
   1-212   Appointed officials; City Engineer; Special Engineer
   1-213   Appointed officials; salaries
   1-214   Appointed officials; Ordinance Enforcement Officer

§ 1-201 APPOINTED OFFICIALS; APPOINTMENT; TERMS; REMOVAL; POWERS; DUTIES.

Bookmark§ 1-201  APPOINTED OFFICIALS; APPOINTMENT; TERMS; REMOVAL; POWERS; DUTIES.
   (A)   (1)   The Mayor, with the consent of the City Council, may appoint such officers as shall be required by ordinance or otherwise required by law. Such officers may be removed from office by the Mayor.
      (2)   The terms of office for all officers, except regular police officers, appointed by the Mayor and confirmed by the Council shall be established by the City Council by ordinance.  The ordinance shall provide that either:
         (a)   The officers hold the office to which they have been appointed until the end of the Mayor’s term of office and until their successors are appointed and qualified unless sooner removed; or
         (b)   The officers hold office for one year unless sooner removed.
(Neb. RS 17-107)
   (B)   (1)   The city may enact ordinances or bylaws to regulate and prescribe the powers and duties of officers not provided for in state law.
(Neb. RS 17-604)
      (2)   If the Mayor and City Council appoint any of the officials specified in this chapter or any other officials, the officials shall have the powers and duties, if any, provided in this chapter or as otherwise provided by city ordinances and state law.
(Ord. 331, passed 3-14-1977; Ord. 636, passed 6-9-1997)

§ 1-202 APPOINTED OFFICIALS; QUALIFICATION FOR OFFICE.

Bookmark§ 1-202  APPOINTED OFFICIALS; QUALIFICATION FOR OFFICE.
   Each appointive officer who is required to give bond shall qualify by filing the required bond and oath as provided in §§ 1-301 and 1-302. Each appointive officer who is not required to give bond shall qualify by filing the required oath as provided in § 1-302.

§ 1-203 APPOINTED OFFICIALS; MERGER OF OFFICES.

Bookmark§ 1-203  APPOINTED OFFICIALS; MERGER OF OFFICES.
   (A)   The City Council may at its discretion by ordinance combine and merge any elective or appointive office or employment or any combination of duties of any such offices or employments, except Mayor and Council member, 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.
   (B)   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.
   (C)   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.
   (D)   For purposes of this section, volunteer firefighters and ambulance drivers shall not be considered officers.
(Neb. RS 17-108.02)  (Ord. 456, passed 8-14-1984)

§ 1-204 APPOINTED OFFICIALS; CITY CLERK.

Bookmark§ 1-204  APPOINTED OFFICIALS; CITY CLERK.
   (A)   The City Clerk shall have the custody of all laws and ordinances and shall keep a correct journal of the proceedings of the City Council. After the period of time specified by the State Records Administrator pursuant to the Records Management Act, the Clerk may transfer the journal of the proceedings of the City Council to the State Archives of the Nebraska State Historical Society for permanent preservation. The Clerk shall also perform such other duties as may be required by the ordinances of the city.
(Neb. RS 17-605)
   (B)   (1)   It shall be the duty of the Clerk to prepare and publish the official proceedings of the City Council within 30 days after any meeting of the Council. The publication shall be in a newspaper of general circulation in the city, shall set forth a statement of the proceedings of the meeting, 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 the publication shall not exceed the rates provided for in Neb. RS 23-122.
(Neb. RS 19-1102)
      (2)   Publication under division (B)(1) shall be made in one legal newspaper of general circulation in the city. If no legal newspaper is published in the city, then the publication shall be made in one legal newspaper published or of general circulation within the county in which the city is located. The cost of publication shall be paid out of the general funds of the city.
(Neb. RS 19-1103)
   (C)   The Clerk shall dispose of or destroy city public records when the records have been determined to be of no further legal, administrative, fiscal, or historical value by the State Records Administrator pursuant to Neb. RS 84-1201 through 84-1220, provided the provisions of this division shall not apply to the minutes of the Clerk and the permanent ordinance and resolution books, or any other record classified as permanent by the State Records Administrator.
(Neb. RS 18-1701)
   (D)   (1)   The Clerk shall permit any person to examine and copy the public records in the Clerk's custody, and may charge a fee for providing copies of a public record, as provided in Neb. RS 84-712 through 84-712.09.
      (2)   The Clerk may charge a reasonable fee for certified copies of any record in his or her office as set by resolution of the City Council.
   (E)   The Clerk shall permit no records, public papers, or other documents of the city kept and preserved in his or her office to be taken therefrom, except by such officers of the city as may be entitled to the use of the same, but only upon their leaving a receipt therefor, and except pursuant to Neb. RS 84-712(2).  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 City Council 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 and 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.
   (F)   The Clerk shall deliver all warrants, ordinances, and resolutions under his or her charge to the Mayor for his or her signature.  He or she shall also deliver to officers, employees, and committees all resolutions and communications which are directed at such officers, employees, or committees.  With the seal of the city, he or she shall duly attest the Mayor's signature to all ordinances, deeds, and papers required to be attested to when ordered to do so by the City Council.
   (G)   The Clerk shall issue and sign all licenses, permits, and occupation tax receipts authorized by law and required by the city ordinances.  He or she shall collect all occupation taxes and license money, except where some other city officer is specifically charged with that duty.  He or she shall keep a register of all licenses granted in the city and the purpose for which they have been issued.
   (H)   The Clerk shall keep in a book with a proper index, copies of all notices required to be published or posted by the Clerk by order of the City Council or under the ordinances of the city.  To each of the file copies of the notices shall be attached the printer's affidavit of publication, if the notices are required to be published, or the Clerk's certificate under seal where the same are required to be posted only.
   (I)   The 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 city, and in the event that the claim is disallowed in part or in whole, the Clerk shall notify the claimant or his or her agent or attorney by letter within five days after the disallowance, and the Clerk shall then prepare transcripts on appeals of any disallowance of a claim in all proper cases.
(Ord. 314, passed 6-14-1976)

§ 1-205 APPOINTED OFFICIALS; CITY TREASURER.

Bookmark§ 1-205  APPOINTED OFFICIALS; CITY TREASURER.
   (A)   (1)   The City Treasurer shall be the custodian of all money belonging to the city.  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 Treasurer shall, at the end of every month, and as often as may be required, render an account to the City Council, 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 City Clerk's office. If the Treasurer fails to render his or her account within 20 days after the end of the month, or by a later date established by the City Council, the Mayor may use this failure as cause to remove the Treasurer from office.
      (2)   The Treasurer shall keep a record of all outstanding bonds against the city, showing the number and amount of each bond, for and to whom the bonds were issued, and the date upon which any bond is purchased, paid, or canceled. The Treasurer shall accompany the annual statement submitted pursuant to Neb. RS 19-1101 with a description of the bonds issued and sold in that year and the terms of sale, with every item of expense thereof.
(Neb. RS 17-606)
   (B)   (1)   The Treasurer shall prepare and publish annually within 60 days after the close of the city fiscal year a statement of the receipts and expenditures of funds of the city for the preceding fiscal year. The statement shall also include the information required by Neb. RS 16-318(3) or Neb. RS 17-606(2). Not more than the legal rate provided for in Neb. RS 33-141 shall be charged and paid for such publication.
(Neb. RS 19-1101)
      (2)   Publication shall be made in one legal newspaper of general circulation in the city. If no legal newspaper is published in the city, then such publication shall be made in one legal newspaper published or of general circulation within the county in which the city is located.
(Neb. RS 19-1103)
   (C)   (1)   All warrants upon the Treasurer shall be paid in the order of their presentation therefor and as otherwise provided in Neb. RS 77-2201 through 77-2215.
(Neb. RS 77-2201)
      (2)   The Treasurer shall keep a warrant register, which register shall show in columns arranged for that purpose the number, the date, and the amount of each warrant presented and registered, the particular fund upon which the same is drawn, the date of presentation, the name and address of the person in whose name the warrant is registered, the date of payment, the amount of interest, and the total amount paid thereon, with the date when notice to the person in whose name such warrant is registered is mailed.
(Neb. RS 77-2202)
      (3)   The 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.
(Neb. RS 77-2209)
      (4)   The 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.
(Neb. RS. 77-2210)
      (5)   The cash book, register, and retained receipts of the Treasurer shall at all times be open to the inspection of any person in whose name any warrants are registered and unpaid.
(Neb. RS 77-2212)
   (D)   The Treasurer shall permit any person to examine and copy the public records in the Treasurer's custody, and may charge a fee for providing copies of a public record, as provided in Neb. RS 84-712 through 84-712.09.
   (E)   The Treasurer shall keep all money belonging to the city separate and distinct from his or her own money. He or she shall cancel all bonds, coupons, warrants, and other evidences of debt against the city, whenever paid by him or her, by writing or stamping on the face thereof, "Paid by the City 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.

§ 1-206 APPOINTED OFFICIALS; CITY ATTORNEY.

Bookmark§ 1-206  APPOINTED OFFICIALS; CITY ATTORNEY.
   (A)   The City Attorney shall be the legal advisor of the City Council. He or she shall commence, prosecute, and defend all suits and actions necessary to be commenced, prosecuted, or defended on behalf of the city, or that may be ordered by the Council. When requested, he or she shall attend meetings of the Council 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 Council shall have the right to pay the City Attorney compensation for legal services performed by him or her for it on such terms as the Council and Attorney may agree, and to employ additional legal assistance and to pay for such legal assistance out of the funds of the city.
(Neb. RS 17-610)
   (B)   The City Attorney shall also examine, when requested to do so by the City Council, the ordinance records and advise and assist the City Clerk as much as may be necessary to the end that each procedural step will be taken in the passage of each ordinance to insure that it will be a valid and subsisting local law in so far as its passage and approval are concerned.

§ 1-207 APPOINTED OFFICIALS; POLICE CHIEF.

Bookmark§ 1-207  APPOINTED OFFICIALS; POLICE CHIEF.
   (A)   The Police Chief shall direct the police work of the city and shall be responsible for the maintenance of law and order. Unless the Mayor and City Council provide otherwise, he or she shall act as Health Inspector and Building Inspector.
   (B)   If the city has an agreement with the County Sheriff for law enforcement purposes, the County Sheriff shall have all the powers and duties of the Police Chief and city police officers as specified in the agreement.

§ 1-208 APPOINTED OFFICIALS; POLICE OFFICERS.

Bookmark§ 1-208  APPOINTED OFFICIALS; POLICE OFFICERS.
   (A)   (1)   The Mayor, by and with the consent of the Council, shall appoint such a number of regular police officers as may be necessary. All police officers appointed by the Mayor and Council may be removed, demoted, or suspended at any time by the Mayor as provided in division (A)(2) of this section. A police officer, including the Chief of Police, may appeal to the City Council such removal, demotion, or suspension with or without pay. After a hearing, the City Council may uphold, reverse, or modify the action.
      (2)   The City Council shall by ordinance adopt rules and regulations governing the removal, demotion, or suspension with or without pay of any police officer, including the Chief of Police. The ordinance shall include a procedure for such removal, demotion, or suspension with or without pay of any police officer, including the Chief of Police, upon the written accusation of the Police Chief, the Mayor, or any citizen or taxpayer. The City Council shall establish by ordinance procedures for acting upon such written accusation, in accordance with Neb. RS 17-107.  Nothing in this section shall be construed to prevent the preemptory suspension or immediate removal from duty of an officer by the appropriate authority, pending the hearing authorized by this section, in cases of gross misconduct, neglect of duty, or disobedience of orders.
      (3)   This section does not apply to a police officer during his or her probationary period.
(Neb. RS 17-107)
   (B)   The City Council may establish a law enforcement reserve force. Members of such force shall be appointed at the discretion of the Council. The Council may limit the size of such reserve force.
(Neb. RS 81-1438)
Statutory reference:
   Other provisions on law enforcement reserve force, see Neb. RS 81-1439 through 81-1446

§ 1-209 WATER COMMISSIONER/PUBLIC WORKS COMMISSIONER.

Bookmark§ 1-209  WATER COMMISSIONER/PUBLIC WORKS COMMISSIONER.
   (A)   (1)   As soon as a system of waterworks or mains or portion or extension of any system of waterworks or water supply has been established by the city, the Mayor shall nominate and by and with the advice and consent of the City Council shall appoint any competent person who shall be known as the Water Commissioner of the city and whose term of office shall be for one fiscal year or until his or her successor is appointed and qualified. Annually at the first regular meeting of the City Council in December, the Water Commissioner shall be appointed as provided in this section.
      (2)   The Water Commissioner may at any time, for sufficient cause, be removed by a two-thirds  vote of the City Council. Any vacancy occurring in the office of Water Commissioner by death, resignation, removal from office, or removal from the city may be filled in the manner provided in this section for the appointment of the Commissioner.
      (3)   The Water Commissioner shall, before he or she enters upon the discharge of his or her duties, execute a bond or provide evidence of equivalent insurance to the city in a sum to be fixed by the Mayor and Council, but not less than $5000, conditioned upon the faithful discharge of his or her duties, and such bond shall be signed by one or more good and sufficient sureties, to be approved by the Mayor and Council or executed by a corporate surety.
      (4)   The Water Commissioner, subject to the supervision of the Mayor and City Council, shall have the general management and control of the system of waterworks or mains or portion or extension of any system of waterworks or water supply in the city.
      (5)   In a city where no Board of Public Works exists, and the city has other public utilities than its waterworks system, the Mayor and Council shall by ordinance designate Water Commissioner as Public Works Commissioner with authority to manage not only the system of waterworks but also other public utilities, and all of the provisions of this division (A) applying to the Water Commissioner shall apply to the Public Works Commissioner.
(Neb. RS 17-541)
   (B)   (1)   The Water Commissioner shall collect all money received by the city on account of its system of waterworks and shall faithfully account for and pay over the same to the City Treasurer, taking his or her receipt therefor in duplicate, filing one of the same with the City Clerk.
      (2)   He or she shall make a detailed report to the City Council, at least once every six months, of the condition of the water system, of all mains, pipes, hydrants, reservoirs, and machinery, and such improvements, repairs, and extension thereof as he or she may think proper. The report shall show the amount of receipts and expenditures on account thereof for the preceding six months. No money shall be expended for improvements, repairs, or extension of the waterworks system except upon recommendation of the Water Commissioner.
      (3)   The Water Commissioner shall perform such other duties as may be prescribed by ordinance.
      (4)   The Water Commissioner shall be paid such salary as the Council may by ordinance provide, and upon his or her written recommendation, the Mayor and Council shall employ such laborers and clerks as may to them seem necessary.
      (5)   Neither the Mayor nor any member of the Council shall be eligible to the office of Water Commissioner during the term for which he or she was elected.
      (6)   If the city owns public utilities other than the waterworks system and the Water Commissioner has been designated by ordinance as the Public Works Commissioner under the authority of division (A) of this section, then all provisions of this division (B) in reference to a Water Commissioner shall apply to the Public Works Commissioner.
(Neb. RS 17-543)
   (C)   In the event the city shall have created a Board of Public Works, the Water Commissioner shall, subject to confirmation by the Mayor and Council, be employed thereafter by the Board at such reasonable compensation as may be agreed upon at the time of such employment and shall thereafter be under the jurisdiction of the Board, any of the provisions of Neb. RS 17-401 through 17-426, 17-501 through 17-560 and 19-1401 through 19-1404 to the contrary notwithstanding. Any Water Commissioner under the jurisdiction and control of the Board of Public Works may be removed by the Board, after an opportunity to be heard before the Mayor and Council if he or she shall so request, for malfeasance, misfeasance or neglect in office.
(Neb. RS 17-804)

§ 1-210 APPOINTED OFFICIALS; SEWER COMMISSIONER.

Bookmark§ 1-210  APPOINTED OFFICIALS; SEWER COMMISSIONER.
   (A)   The Sewer Commissioner, subject to the supervision of the Mayor and City Council, shall have the general management and control of the sewer system in the city.
   (B)   He or she shall collect all money received by the city on account of its sewer system and shall faithfully account for and pay over the same to the City Treasurer, taking his or her receipt therefor in duplicate, filing one of the same with the City Clerk.
   (C)   He or she shall make a detailed report to the City Council, at least once every six months, of the condition of the sewer system and such improvements, repairs, and extension thereof as he or she may think proper. The report shall show the amount of receipts and expenditures on account thereof for the preceding six months.
   (D)   He or she shall issue permits for all connections to the sewer system and inspect and supervise all repairs made to the system.
   (E)   The Sewer Commissioner shall perform such other duties as may be prescribed by ordinance.

§ 1-211 APPOINTED OFFICIALS; OVERSEER OF STREETS.

Bookmark§ 1-211  APPOINTED OFFICIALS; OVERSEER OF STREETS.
   (A)   The Overseer of Streets shall, subject to the order of the Mayor and Council, have general charge, direction, and control of all works on the streets, sidewalks, culverts, and bridges of the city, and shall perform such other duties as the Council may require.
(Neb. RS 17-119)
   (B)   It shall be his or her responsibility to see that gutters and drains in the city function properly and that they are kept in good repair.
   (C)   He or she shall, at the request of the City Council make a detailed report to the Council on the condition of the streets, sidewalks, culverts, alleys, and bridges of the city and shall direct their attention to such improvements, repairs, and extension thereof as he or she may think proper.
   (D)   The Overseer of Streets shall issue such permits and perform such other duties as may be prescribed by ordinance.
Statutory reference:
   Incentive payments to street superintendents, see Neb. RS 39-2512

§ 1-212 APPOINTED OFFICIALS; CITY ENGINEER; SPECIAL ENGINEER.

Bookmark§ 1-212  APPOINTED OFFICIALS; CITY ENGINEER; SPECIAL ENGINEER.
   (A)   (1)   The City Engineer shall, when requested by the Mayor or City Council, make estimates of the cost of labor and material which may be done or furnished by contract with the city and make all surveys, estimates, and calculations necessary to be made for the establishment of grades, building of culverts, sewers, electric light system, waterworks, power plant, public heating system, bridges, curbing, and gutters, the improvement of streets, and the erection and repair of buildings and shall perform such other duties as the City Council may require.
      (2)   When the city has appointed a Board of Public Works and the Mayor and City Council have by ordinance so authorized, the Board may utilize its own engineering staff and may hire consulting engineers for the design and installation of extensions and improvements of the works under the jurisdiction of the Board.
(Neb. RS 17-568.01)
   (B)   The Mayor and City Council may, when they deem it expedient, employ a special engineer to make, or assist in making, any estimate necessary or to perform any other duty provided for in Neb. RS 17-568.01.  Any work executed by such special engineer shall have the same validity and serve in all respects as though executed by the City Engineer.
(Neb. RS 17-568)
   (C)   The City Engineer shall make a record of the minutes of his or her surveys and of all work done for the city and, when directed by the Mayor and City Council, shall accurately make such plats, sections, profiles, and maps as may be necessary in the prosecution of any public work, which shall be public records and belong to the city and be turned over to his or her successor.
Statutory reference:
   Duties related to areas to be annexed, see Neb. RS 17-405
   Duties related to sewerage systems, see Neb. RS 17-150 and 17-919

§ 1-213 APPOINTED OFFICIALS; SALARIES.

Bookmark§ 1-213  APPOINTED OFFICIALS; SALARIES.
   (A)   The salary ranges for the appointed officials of the city are hereby fixed as follows:
 
Electric Superintendent/Plant Supervisor
$12.50 to $25 per hour
Deputy Clerk/Secretary
$9 to $15 per hour
Temporary Clerical/City Hall
$9 to $12.50 per hour
Electric Lineman
$9 to $25 per hour
City Clerk/Treasurer
$12.50 to $25 per hour
Water and Sewer Manager
$10 to $25 per hour
City Attorney
$250 to $1,500 per month
Chief of Police
$12.50 to $25 per hour
Police Patrolman
$12.50 to $20 per hour
Library Director
$9 to $15 per hour
Assistant Librarian
$9 to $12.50 per hour
Street Commissioner
$12.50 to $25 per hour
Recycling and Sanitation
$9 to $25 per hour
Temporary Recycling Employee
$9 to $12.50 per hour
Swimming Pool Manager
$7.50 to $12 per hour
Assistant Swimming Pool Manager
$7.25 to $11.50 per hour
Lifeguards
$6 to $9 per hour
 
   (B)   The exact salary of the above-named appointed officials within the salary ranges set forth above shall be established from time to time by resolution of the City Council, and this section and the resolutions adopted pursuant hereto shall be available for public inspection in the office of the City Clerk. All salaries of elected and appointed officials of the city shall be published as provided by law.
(Ord. 857, passed 10-10-2011; Ord. 859, passed 1-3-2012; Ord. 863, passed 5-14-2012; Ord. 882, passed 9-9-2013; Ord. 899, passed 11-10-2014; Ord. 919, passed 11-14-2017)

§ 1-214 APPOINTED OFFICIALS; ORDINANCE ENFORCEMENT OFFICER.

Bookmark§ 1-214  APPOINTED OFFICIALS; ORDINANCE ENFORCEMENT OFFICER.
   The Ordinance Enforcement Officer shall be appointed by the Mayor and Council, and shall have the following duties and authority:
   (A)   He or she shall conduct surveys and make inspections of buildings, structures and lots within the municipality to determine whether they are in compliance with the municipal ordinances;
   (B)   He or she shall be designated as the Zoning Enforcement Officer of the municipality and shall discharge all duties and exercise all authority provided in the zoning code of the municipality and in the statutes of the State of Nebraska;
   (C)   He or she shall investigate all complaints charging that a violation of a municipal ordinance exists and that any building, structure or lot is unfit or unsafe for human habitation or that the same contains or constitutes a nuisance, and shall keep records of all such complaints and the disposition of the same;
   (D)   He or she shall have the authority to issue citations and institute proceedings for abatement of nuisances and for enforcement of ordinances relating to the condition and use of properties within the municipality, and shall be considered to be a peace officer for the purposes of obtaining an inspection warrant under Neb. RS 29-830 et seq.;
   (E)   He or she shall be issued an identification badge or card, which he or she shall exhibit upon request in the discharge of his or her duties;
   (F)   He or she shall have no financial interest in the furnishing of labor, materials or appliances for the construction, alteration or maintenance of a building or for the abatement of a nuisance, and he or she shall not act as agent for any said dealer or as an agent for the sale, lease or rental of any real estate.; and
   (G)   He or she shall report to the Mayor and Council as often as they deem necessary, and shall have such other duties and issue such permits as they may direct.
(Ord. 808, passed 4-9-2007)

ARTICLE 3: BONDS AND OATH

BookmarkARTICLE 3:  BONDS AND OATH
Section
   1-301   Bonds; requirements
   1-302   Oath of office; municipal officers

§ 1-301 BONDS; REQUIREMENTS.

Bookmark§ 1-301  BONDS; REQUIREMENTS.
   (A)   The city 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 city may pay the premium for such bonds or insurance coverage.
(Neb. RS 17-604)
   (B)   (1)   All official bonds of officers of the city shall be in form joint and several and made payable to the city in such penalty as the City Council 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 City Council, 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 City 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 city 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 city 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 city 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 city officer.
(Neb. RS 11-109)
   (E)   The City 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 City Council and all sureties are endorsed in writing on the instrument by the Mayor and City Clerk pursuant to the approval of the City Council.
   (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 city 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 City 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 city, in the opinion of the City Council, become insufficient, the Council 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 Council, the office shall, by such failure, refusal, or neglect, become vacant and it shall be the duty of the Council to appoint a competent and qualified person to fill the office.

§ 1-302 OATH OF OFFICE; MUNICIPAL OFFICERS.

Bookmark§ 1-302  OATH OF OFFICE; MUNICIPAL OFFICERS.
   All officials of the municipality, whether elected or appointed, except when a different oath is specifically provided herein, shall, before entering upon their respective duties, take and subscribe the following oath which shall be endorsed upon their respective bonds:
“I __________________________________________ do solemnly swear 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 over throw of the government of the United States or of this State by force or violence. So help me God.”
(Neb. RS 11-101)

ARTICLE 4: CORPORATE SEAL

BookmarkARTICLE 4:  CORPORATE SEAL
Section
   1-401   Seal; official corporate

§ 1-401 SEAL; OFFICIAL CORPORATE.

Bookmark§ 1-401  SEAL; OFFICIAL CORPORATE.
   The official corporate seal of the municipality shall be kept in the office of the Municipal Clerk, and shall bear the following inscription, “Seal, City of Franklin, Nebraska.” The Municipal Clerk shall affix an impression of the said official seal to all warrants, licenses, permits, ordinances and all other official papers issued by order of the governing body and countersigned by the Municipal Clerk.
(Neb. RS 17-502)

ARTICLE 5: MEETINGS

BookmarkARTICLE 5:  MEETINGS
Section
   1-501   Meetings; definitions
   1-502   Meetings; open to public; notice; agenda
   1-503   Meetings; notice to news media
   1-504   Meetings; Council meetings; when; quorum; votes
   1-505   Meetings; emergency meetings
   1-506   Meetings; attendance other than in person
   1-507   Meetings; closed sessions
   1-508   Meetings; prohibited acts; exempt events
   1-509   Meetings; public participation
   1-510   Meetings; City Council; order of business
   1-511   Meetings; votes
   1-512   Meetings; City Council; parliamentary procedure
   1-513   Meetings; minutes
   1-514   Meetings; change in office

§ 1-501 MEETINGS; DEFINITIONS.

Bookmark§ 1-501  MEETINGS; DEFINITIONS.
   For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   MEETING.  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.
   PUBLIC BODY.
      (1)   (a)   The City Council;
         (b)   All independent boards, commissions, bureaus, committees, councils, subunits, or any other bodies created by the Constitution of Nebraska, statute, ordinance, or otherwise pursuant to law; and
         (c)   Advisory committees of the bodies listed above.
      (2)   PUBLIC BODY does not include subcommittees of such bodies unless a quorum of the public body attends a subcommittee meeting or unless the subcommittees are holding hearings, making policy, or taking formal action on behalf of their parent body.
(Neb. RS 84-1409)
(Ord. 315, passed 6-14-1976; Ord. 437, passed 10-11-1983)

§ 1-502 MEETINGS; OPEN TO PUBLIC; NOTICE; AGENDA.

Bookmark§ 1-502  MEETINGS; OPEN TO PUBLIC; NOTICE; AGENDA.
   (A)   The formation of public policy is public business and may not be conducted in secret.  Every meeting of a public body shall be open to the public in order that citizens may exercise their democratic privilege of attending and speaking at meetings of public bodies, except as otherwise provided by the Constitution of Nebraska, federal statutes, and the Open Meetings Act.
(Neb. RS 84-1408)
   (B)   Each public body shall give reasonable advance publicized notice of the time and place of each meeting by a method designated by the public body and recorded in its minutes. The notice shall be transmitted to all members of the public body and to the public.  The notice shall contain an agenda of subjects known at the time of the publicized notice or a statement that the agenda, which shall be kept continually current, is readily available for public inspection at the office of the public body during normal business hours.  Agenda items shall be sufficiently descriptive to give the public reasonable notice of the matters to be considered at the meeting. Except for items of an emergency nature, the agenda shall not be altered later than 24 hours before the scheduled commencement of the meeting or 48 hours before the scheduled commencement of a meeting of the City Council scheduled outside the corporate limits of the city.  The public body shall have the right to modify the agenda to include items of an emergency nature only at such public meeting.
(Neb. RS 84-1411)
(Ord. 315, passed 6-14-1976; Ord. 437, passed 10-11-1983; Ord. 518, passed 9-14-1987)

§ 1-503 MEETINGS; NOTICE TO NEWS MEDIA.

Bookmark§ 1-503  MEETINGS; NOTICE TO NEWS MEDIA.
   The City Clerk, in the case of the City Council, and the secretary or other designee of each other public body shall maintain a list of the news media requesting notification of meetings and shall make reasonable efforts to provide advance notification to them of the time and place of each meeting and the subjects to be discussed at that meeting.
(Neb. RS 84-1411)  (Ord. 315, passed 6-14-1976)

§ 1-504 MEETINGS; COUNCIL MEETINGS; WHEN; QUORUM; VOTES.

Bookmark§ 1-504  MEETINGS; COUNCIL MEETINGS; WHEN; QUORUM; VOTES.
   (A)   Regular meetings of the City Council shall be held in the meeting place of the municipality.  Regular meetings shall be held on the second Tuesday of each month at the hour of 7:30 p.m. A majority of all the members elected to the Council shall constitute a quorum for the transaction of any business, but a fewer number may adjourn from time to time and compel the attendance of absent members. Unless a greater vote is required by law, an affirmative vote of at least one-half of the elected members shall be required for the transaction of any business.
(Neb. RS 17-105)  (Ord. 480, passed 10-8-1985; Ord. 498, passed 2-10-1987; Ord. 573, passed 5-11-1992; Ord. 616, passed 1-8-1996; Ord. 915, passed 6-12-2017)
   (B)   (1)   The Mayor or any three Council members shall have power to call special meetings of the City Council, the object of which shall be submitted to the Council in writing; and the call and object, as well as the disposition thereof, shall be entered upon the journal by the City Clerk.
(Neb. RS 17-106)
      (2)   On filing the call for a special meeting, the City Clerk shall notify the Mayor and Council members of the special meeting, stating the time and purpose.
   (C)   Unless otherwise provided by the Council, on the request of any two members, whether a quorum is present or not, all absent members shall be sent for and compelled to attend.
   (D)   At the hour appointed for a meeting, the City Clerk shall proceed to call the roll of members and announce whether a quorum is present. If a quorum is present, the Council shall be called to order by the Mayor, if present, or if absent, by the President of the Council.

§ 1-505 MEETINGS; EMERGENCY MEETINGS.

Bookmark§ 1-505  MEETINGS; 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 that meeting shall pertain only to the emergency.  Such emergency meetings may be held by means of electronic or telecommunication equipment.  The provisions of § 1-503 shall be complied with in conducting emergency meetings.  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.
(Neb. RS 84-1411)  (Ord. 315, passed 6-14-1976; Ord. 437, passed 10-11-1983)

§ 1-506 MEETINGS; ATTENDANCE OTHER THAN IN PERSON.

Bookmark§ 1-506  MEETINGS; ATTENDANCE OTHER THAN IN PERSON.
   A public body may allow a member of the public or any other witness other than a member of the public body to appear before the public body by means of video or telecommunications equipment.
(Neb. RS 84-1411)

§ 1-507 MEETINGS; CLOSED SESSIONS.

Bookmark§ 1-507  MEETINGS; 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 that individual has not requested a public meeting.  The subject matter and the reason necessitating the closed session shall be identified in the motion to close. 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 that 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 entire motion, the vote of each member on the question of holding a closed session, and the time when the closed session commenced and concluded shall be recorded in the minutes.  If the motion to close passes, then the presiding officer immediately prior to the closed session shall restate on the record the limitation of the subject matter of the closed session. 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 motion to close 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) of this section.
   (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 the protection of the public interest or 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.  The 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.
(Neb. RS 84-1410)  (Ord. 780, passed 11-8-2004)

§ 1-508 MEETINGS; PROHIBITED ACTS; EXEMPT EVENTS.

Bookmark§ 1-508  MEETINGS; 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 article or the Act.
   (B)   This article and the Act do 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.
(Neb. RS 84-1410)  (Ord. 780, passed 11-8-2004)

§ 1-509 MEETINGS; PUBLIC PARTICIPATION.

Bookmark§ 1-509  MEETINGS; PUBLIC PARTICIPATION.
   (A)   Subject to this article and the Open Meetings Act, the public has 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 § 1-507, 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 division (A) 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 nor shall such body require that the name of any member of the public be placed on the agenda prior to such meeting in order to speak about items on the agenda.  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 this article or the Open Meetings Act, 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. Public bodies shall make available at least one current copy of the Open Meetings Act posted in the meeting room at a location accessible to members of the public. At the beginning of the meeting, the public shall be informed about the location of the posted information.
(Neb. RS 84-1412)  (Ord. 315, passed 6-14-1976; Ord. 437, passed 10-11-1983; Ord. 481, passed 10-8-1985; Ord. 514, passed 9-14-1987)

§ 1-510 MEETINGS; CITY COUNCIL; ORDER OF BUSINESS.

Bookmark§ 1-510  MEETINGS; CITY COUNCIL; ORDER OF BUSINESS.
   Promptly at the hour set by law on the day of each regular meeting, the members of the City Council, the Mayor, the City Clerk, and such other city officials that may be required shall take their regular stations in the meeting place, and the business of the city shall be taken up for consideration and disposition in the manner prescribed by the official agenda on file at the office of the City Clerk.

§ 1-511 MEETINGS; VOTES.

Bookmark§ 1-511  MEETINGS; VOTES.
   (A)   Any action taken on any question or motion duly moved and seconded shall be by roll call vote of the public body in open session, and the record shall state how each member voted, or if the member was absent or not voting.  The requirements of a roll call or viva voce vote shall be satisfied by a city which utilizes an electronic voting device which allows the yeas and nays of each member of the City Council to be readily seen by the public.
   (B)   The vote to elect leadership within a public body may be taken by secret ballot, but the total number of votes for each candidate shall be recorded in the minutes.
(Neb. RS 84-1413)  (Ord. 315, passed 6-14-1976)
Cross-reference:
   City Council voting procedures, see §§ 1-605 and 1-504

§ 1-512 MEETINGS; CITY COUNCIL; PARLIAMENTARY PROCEDURE.

Bookmark§ 1-512  MEETINGS; CITY COUNCIL; PARLIAMENTARY PROCEDURE.
   Unless the City Council provides otherwise, the rules of parliamentary procedure specified in this section shall apply to meetings of the City Council. The Mayor shall preserve order during meetings of the City Council and shall decide all questions of order, subject to an appeal to the Council.  When any person is called to order, he or she shall be seated until the point is decided.  When the Mayor is putting the question, no person shall leave the meeting room.  Every person present, previous to speaking, shall rise from his or her seat and address the presiding officer and while speaking shall confine his or her comments to the question.  When two or more persons rise at once, the Mayor shall recognize the one who spoke first.  All resolutions or motions shall be reduced to writing before being acted upon, if requested by the City Clerk or any member of the Council.  Every member of the Council who is present when a question is voted upon shall cast his or her vote unless excused by a majority of the members of the Council 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 Council making the motion or resolution shall be entered also.  After each vote, the “yeas” and “nays” shall be taken and entered in the minutes.  Before the vote is actually taken, any resolution, motion, or proposed ordinance may be withdrawn from consideration by the sponsor with the consent of the member of the Council seconding the 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 the 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 those motions shall be decided without debate.  Any of the rules of the Council 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 Council shall decide all procedural disputes that may arise.

§ 1-513 MEETINGS; MINUTES.

Bookmark§ 1-513  MEETINGS; MINUTES.
   (A)   Each public body shall keep minutes of all meetings showing the time, place, members present and absent, and the substance of all matters discussed.
   (B)   The minutes of all meetings and evidence and documentation received or disclosed in open session shall be public records and open to public inspection during normal business hours.
   (C)   Minutes shall be written and available for inspection within ten working days or prior to the next convened meeting, whichever occurs earlier, except that the city may have an additional ten working days if the employee responsible for writing the minutes is absent due to a serious illness or emergency.
(Neb. RS 84-1413)  (Ord. 315, passed 6-14-1976)

§ 1-514 MEETINGS; CHANGE IN OFFICE.

Bookmark§ 1-514  MEETINGS; CHANGE IN OFFICE.
   (A)   The Mayor and City Council shall meet at the time and place of the first regular meeting in December in each election year, and the outgoing officers and the outgoing members of the Council shall present their reports.  Upon the outgoing Council having completed its business, the outgoing members of the Council shall surrender their offices to the incoming members, and the outgoing officers shall thereupon each surrender to their successors in office all property, records, papers, and moneys belonging to the same.
   (B)   The newly elected members of the Council and those continuing in office shall convene immediately after the prior Council adjourns and proceed to organize themselves for the ensuing year.  The Mayor shall call the meeting to order.  The Clerk shall report to the Council the names of all Council members-elect who have qualified for their respective offices.  The Council shall examine the credentials of its members and any other elective officers of the city to see that each has been duly and properly elected and to see that such oaths and bonds as are required have been given.  The Clerk’s report shall be spread upon the minutes of the meeting preceding the roll call.
   (C)   After ascertaining that all Council members and officers are duly qualified and after the Clerk has called the roll, the Council shall elect a President of the Council.  The Mayor shall nominate his or her candidates for appointive offices in which the terms of incumbents are expired and call for a vote on approval of the candidates.  The Mayor shall then proceed with the regular order of business.
(Ord. 325, passed 6-14-1976)

ARTICLE 6: ORDINANCES, RESOLUTIONS AND MOTIONS

BookmarkARTICLE 6:  ORDINANCES, RESOLUTIONS AND MOTIONS
Section
   1-601   Ordinances, resolutions and motions; grant of power
   1-602   Ordinances; introduction of ordinances
   1-603   Resolutions and motions; procedure for resolutions and motions
   1-604   Ordinances; style, title
   1-605   Ordinances, resolutions, orders, bylaws; reading and passage
   1-606   Ordinances; publication
   1-606.1   Ordinances; notices; publication
   1-607   Ordinances; certificate of publication or posting
   1-608   Ordinances; emergency ordinances
   1-609   Ordinances; amendments and revisions

§ 1-601 ORDINANCES, RESOLUTIONS AND MOTIONS; GRANT OF POWER.

Bookmark§ 1-601  ORDINANCES, RESOLUTIONS AND MOTIONS; GRANT OF POWER.
   In addition to its special powers, the city shall have the power to 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 city and its trade, commerce, and manufactories, and to enforce all ordinances by inflicting fines or penalties for the breach thereof, not exceeding $500 for any one offense, recoverable with costs.
(Neb. RS 17-505)  (Ord. 638, passed 6-9-1997)
Statutory reference:
   Adoption of standard codes, see Neb. RS 18-132 and 19-922
   Prosecution in county court, see Neb. RS 25-2703

§ 1-602 ORDINANCES; INTRODUCTION OF ORDINANCES.

Bookmark§ 1-602  ORDINANCES; INTRODUCTION OF ORDINANCES.
   Unless the City Council provides otherwise, ordinances shall be introduced by members of the City Council in one of the following ways:
   (A)   With the recognition of the Mayor, a member may, in the presence and hearing of a majority of the members elected to the City Council, read aloud the substance of the proposed ordinance and file a copy with the City Clerk for future consideration; or
   (B)   With the recognition of the Mayor, a member may present the proposed ordinance to the Clerk, who, in the presence and hearing of a majority of the members elected to the City Council, shall read aloud the substance of the ordinance and file it for future consideration.
(Ord. 639, passed 6-9-1997)

§ 1-603 RESOLUTIONS AND MOTIONS; PROCEDURE FOR RESOLUTIONS AND MOTIONS.

Bookmark§ 1-603  RESOLUTIONS AND MOTIONS; PROCEDURE FOR RESOLUTIONS AND MOTIONS.
   Unless the City Council provides otherwise,  resolutions and motions shall be introduced in one of the methods prescribed in § 1-602 for the introduction of ordinances.  The issue raised by the resolution or motion shall be disposed of in accordance with the usage of parliamentary law adopted for the guidance of the City Council.  A majority vote shall be required to pass any resolution or motion.  The vote on any resolution or motion shall be by roll call vote.

§ 1-604 ORDINANCES; STYLE, TITLE.

Bookmark§ 1-604  ORDINANCES; STYLE, TITLE.
   (A)   Style.  The style of all city ordinances shall be:  "Be it ordained by the Mayor and Council of the City of __________, Nebraska:…."
(Neb. RS 17-613)
   (B)   Title.  No ordinance shall contain a subject which is not clearly expressed in the title.
(Neb. RS 17-614)

§ 1-605 ORDINANCES, RESOLUTIONS, ORDERS, BYLAWS; READING AND PASSAGE.

Bookmark§ 1-605  ORDINANCES, RESOLUTIONS, ORDERS, BYLAWS; READING AND PASSAGE.
   (A)   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 City Council. The Mayor may vote when his or her vote would provide the additional vote required to attain the number of votes equal to a majority of the number of members elected to the Council, and the Mayor shall, for the purpose of such vote, be deemed to be a member of the Council. Ordinances of a general or permanent nature shall be read by title on three different days unless three-fourths of the City Council vote to suspend this requirement, except that this requirement shall not be suspended for any ordinance for the annexation of territory.  In case this requirement is suspended, the ordinance shall be read by title and then moved for final passage.  Three-fourths of the City Council may require a reading of any such ordinance in full before enactment under either procedure set out in this section.
(Neb. RS 17-614)
   (B)   On the passage or adoption of every bylaw or ordinance, and every resolution or order to enter into a contract by the City Council, 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 City Council shall be required.  All appointments of the officers by the City Council 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 city which utilizes an electronic voting device which allows the yeas and nays of each member of the City Council to be readily seen by the public.
(Neb. RS 17-616)

§ 1-606 ORDINANCES; PUBLICATION.

Bookmark§ 1-606  ORDINANCES; PUBLICATION.
   All ordinances of a general nature shall, before they take effect, be published one time, within 15 days after they are passed:
   (A)   In newspaper in or of general circulation in the city; or
   (B)   In book or pamphlet form.
(Ord. 493, passed 11-11-1976; Ord. 641, passed 6-9-1997; Ord. 929, passed 2-13-2018)
Statutory reference:
   Additional provisions, see Neb. RS 18-131

§ 1-606.1 ORDINANCES; NOTICES; PUBLICATION.

Bookmark§ 1-606.1  ORDINANCES; NOTICES; PUBLICATION.
   If the municipality is required to publish a notice or advertisement in a legal newspaper in or of general circulation in the municipality, and if there is no legal newspaper in or of general circulation in the municipality, then the municipality shall publish such notice or advertisement in a legal newspaper in or of general circulation in the county in which the municipality is located. If there is no legal newspaper in or of general circulation in such county, then the municipality shall publish such notice or advertisement by posting a written or printed copy thereof in each of three public places in the municipality for the same period of time the municipality is required to publish the notice or advertisement in a legal newspaper.
(Ord. 926, passed 2-13-2018)

§ 1-607 ORDINANCES; CERTIFICATE OF PUBLICATION OR POSTING.

Bookmark§ 1-607  ORDINANCES; CERTIFICATE OF PUBLICATION OR POSTING.
   The passage, approval, and publication or posting of an ordinance shall be sufficiently proved by a certificate under the seal of the city from the City Clerk showing that the ordinance was passed and approved, and when and in what paper the ordinance was published, or when and by whom and where the ordinance was posted.
(Neb. RS 17-613)
Statutory reference:
   Passage; rules and regulations, see Neb. RS 17-615

§ 1-608 ORDINANCES; EFFECTIVE DATE; EMERGENCY ORDINANCES.

Bookmark§ 1-608  ORDINANCES; EFFECTIVE DATE; EMERGENCY ORDINANCES.
   (A)   Except as provided in § 1-606 and division (B) of this section, an ordinance for the government of the city which has been adopted by the City Council without submission to the voters of the city shall not go into effect until 15 days after the passage of the ordinance.
(Neb. RS 19-3701)
   (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 Mayor and the posting thereof in at least three of the most public places in the city.  The emergency ordinance shall recite the emergency, be passed by a three-fourths vote of the City Council, and be entered of record on the City Clerk's minutes.
(Neb. RS 17-613)
(Ord. 642. passed 6-9-1997)

§ 1-609 ORDINANCES: AMENDMENTS AND REVISIONS.

Bookmark§ 1-609  ORDINANCES: 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 city and modifications to zoning or building districts may be adopted as otherwise provided by law.
(Neb. RS 17-614)
(Ord. 643, passed 6-9-1997)
Statutory reference:
   Modifications to zoning or building districts, see Neb. RS 19-915
   Ordinances revising all the ordinances of the city, see Neb. RS 17-614

ARTICLE 7: ELECTIONS

BookmarkARTICLE 7:  ELECTIONS
Section
   1-701   Elections; generally
   1-702   Elections; notice
   1-703   Elections; registered voters; qualifications
   1-704   Elections; special elections
   1-705   Elections; election of officers; certifications required
   1-706   Elections; partisan ballot; when allowed; requirements
   1-707   Elections; candidate filing forms; deadlines; filing officer
   1-708   Elections; filing fee
   1-709   Elections; petition, write-in, and other candidates for general election ballot; procedures
   1-710   Elections; recall procedure
   1-711   Elections; exit polls
   1-712   Elections; wards
Statutory reference:
   Election Act, see Neb. RS 32-101

§ 1-701 ELECTIONS; GENERALLY.

Bookmark§ 1-701  ELECTIONS; GENERALLY.
   (A)   All city 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 city offices or issues can reasonably be combined with the nonpartisan ballot and state law does not require otherwise.  All city 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.
(Neb. RS 32-556)
   (B)   When the city 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 city shall be held as provided in the Election Act unless otherwise provided by the charter, code, or bylaws of the city.
(Neb. RS 32-404)
(Ord. 326, passed 6-14-1976; 783, passed 11-8-2004)

§ 1-702 ELECTIONS; NOTICE.

Bookmark§ 1-702  ELECTIONS; NOTICE.
   The notice of election required to be published by the Election Commissioner or County Clerk pursuant to Neb. RS 32-802 shall serve as the notice requirement for all city elections which are held in conjunction with the statewide primary or general election.

§ 1-703 ELECTIONS; REGISTERED VOTERS; QUALIFICATIONS.

Bookmark§ 1-703  ELECTIONS; REGISTERED VOTERS; QUALIFICATIONS.
   (A)   For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
      REGISTERED VOTER.  An elector who has a current voter registration record on file with the Election Commissioner or County Clerk in the county of his or her residence.
(Neb. RS 32-115)
   (B)   All registered voters residing within the corporate limits of the city on or before election day shall be entitled to vote at all city elections.
(Neb. RS 17-602)
Statutory reference:
   Definition of elector, see Neb. RS 32-110

§ 1-704 ELECTIONS; SPECIAL ELECTIONS.

Bookmark§ 1-704  ELECTIONS; 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 city shall be certified by the City 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 under this section shall be subject to division (B) of this section.
      (2)   In lieu of submitting the issue at a special election, the city 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 City 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 City Clerk shall be responsible for the publication or posting of any required special notice of the submission of the 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 ballots for early voting 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 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 City Council. The canvass by the County Canvassing Board shall have the same force and effect as if made by the City Council.
(Neb. RS 32-559)
   (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.
(Neb. RS 32-405)
(Ord. 457, passed 8-14-1984; Ord. 644, passed 6-9-1997; Ord. 764, passed 1-12-2004)

§ 1-705 ELECTIONS; ELECTION OF OFFICERS; CERTIFICATIONS REQUIRED.

Bookmark§ 1-705  ELECTIONS; ELECTION OF OFFICERS; CERTIFICATIONS REQUIRED.
   No later than January 5 of each even-numbered year, the City Council shall certify to the Secretary of State, the Election Commissioner, or the County Clerk the name of the city, 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. The Secretary of State, Election Commissioner, and County Clerk shall prescribe the forms to be used for certification to him or her.
(Neb. RS 32-404)  (Ord. 783, passed 11-8-2004)

§ 1-706 ELECTIONS; PARTISAN BALLOT; WHEN ALLOWED; REQUIREMENTS.

Bookmark§ 1-706  ELECTIONS; PARTISAN BALLOT; WHEN ALLOWED; REQUIREMENTS.
   All elective city officers shall be nominated and elected on a nonpartisan basis unless the city provides for a partisan ballot by ordinance.  No ordinance providing for nomination and election on a partisan ballot shall permit affiliation with any party not recognized as a political party for purposes of the Election Act.  Such ordinance providing for nomination and election on a partisan ballot shall be adopted and effective not less than 60 days prior to the filing deadline.
(Neb. RS 32-557)

§ 1-707 ELECTIONS; CANDIDATE FILING FORMS; DEADLINES; FILING OFFICER.

Bookmark§ 1-707  ELECTIONS; CANDIDATE FILING FORMS; DEADLINES; FILING OFFICER.
   (A)   Any candidate may place his or her name on the primary election ballot by filing a candidate filing form prescribed by the Secretary of State as provided in division (B). If a candidate is an incumbent of any elective office, the filing period for filing the candidate filing form shall be between December 1 and February 15 prior to the date of the primary election. No incumbent who resigns from elective office prior to the expiration of his or her term shall file for any office after February 15 of that election year. All other candidates shall file for office between December 1 and March 1 prior to the date of the general election.
(Neb. RS 32-606)
   (B)   Candidate filing forms shall be filed in the office of the Election Commissioner or County Clerk.
(Neb. RS 32-607)
Statutory reference:
   Filling of vacancy on ballot, see Neb. RS 32-625 and 32-627
   Withdrawal after filing, see Neb. RS 32-622

§ 1-708 ELECTIONS; FILING FEE.

Bookmark§ 1-708  ELECTIONS; FILING FEE.
   (A)   Except as provided in division (D) or (E) of this section, a filing fee shall be paid to the City Treasurer by or on behalf of each candidate for city office prior to filing for office. The fee shall be placed in the general fund of the city. No candidate filing forms shall be filed until the proper payment or the proper receipt showing the payment of such filing fee is presented to the filing officer. On the day of the filing deadline, the City Treasurer's office shall remain open to receive filing fees until the hour of the filing deadline.
   (B)   Except as provided in division (D) or (E) of this section, the filing fee shall be a sum equal to 1% of the annual salary as of November 30 of the year preceding the election for the office for which he or she files as a candidate.
   (C)   All declared write-in candidates shall pay the filing fees that are required for the office at the time that they present the write-in affidavit to the filing officer. Any undeclared write-in candidate who is nominated or elected by write-in votes shall pay the filing fee required for the office within 10 days after the canvass of votes by the county canvassing board and shall file the receipt with the person issuing the certificate of nomination or the certificate of election prior to the certificate being issued.
   (D)   No filing fee shall be required for any candidate filing for an office in which a per diem is paid rather than a salary or for which there is a salary of less than $500 per year.
   (E)   (1)   No filing fee shall be required of any candidate completing an affidavit requesting to file for elective office in forma pauperis.
      (2)    For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
         AVAILABLE RESOURCES.  Includes every type of property or interest in property that an individual owns and may convert into cash except:
            1.   Real property used as a home;
            2.   Household goods of a moderate value used in the home; and
            3.   Assets to a maximum value of $3,000 used by a recipient in a planned effort directed towards self-support.
             PAUPER. A person whose income and other resources for maintenance are found under assistance standards to be insufficient for meeting the cost of his or her requirements and whose reserve of cash or other available resources does not exceed the maximum available resources that an eligible individual may own.
   (F)   If any candidate dies prior to an election, the spouse of the candidate may file a claim for refund of the filing fee with the City Council prior to the date of the election.  Upon approval of the claim by the City Council, the filing fee shall be refunded.
(Neb. RS 32-608)

§ 1-709 ELECTIONS; PETITION, WRITE-IN, AND OTHER CANDIDATES FOR GENERAL ELECTION BALLOT; PROCEDURES.

Bookmark§ 1-709  ELECTIONS; 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 and who was not registered to vote with a party affiliation on or after March 1 and before the general election in the calendar year of the general 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 pursuant to Neb. RS 32-627 or 32-710.
      (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 divisions (B) and (C) of this section, files as a write-in candidate as prescribed in Neb. RS 32-615, or is nominated by political party convention or committee pursuant to Neb. RS 32-710.
(Neb. RS 32-616)
   (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.  A sample copy of the petition shall be filed with the filing officer prior to circulation. Petitions shall be signed by registered voters residing in the city, if candidates are chosen at large, or in the ward in which the officer is to be elected, if candidates are chosen by ward, and shall be filed with the filing officer in the same manner as provided for candidate filing forms in § 1-707.  Petition signers and petition 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 the 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.
(Neb. RS 32-617)
   (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 city or in the ward in which the officer is to be elected, not to exceed 2,000.
      (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 city or in the ward in which the officer is to be elected, as appropriate, not to exceed 2,000.
(Neb. RS 32-618)
(Ord. 457, passed 8-14-1984; Ord. 666, passed 10-12-1998; Ord. 750, passed 3-10-2003)

§ 1-710 ELECTIONS; RECALL PROCEDURE.

Bookmark§ 1-710  ELECTIONS; RECALL PROCEDURE.
   (A)   For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
      FILING CLERK. The Election Commissioner or County Clerk.
(Neb. RS 32-1301)
   (B)   (1)   The Mayor, any member of the City Council, and any other elected official of the city may be removed from office by recall pursuant to this section.
      (2)   The recall procedure and special election provisions of this section shall apply to members of the City Council who are elected by ward. Only registered voters of such member's ward may sign a recall petition or vote at the recall election. The recall election shall be held within the member's ward. When a member of the City Council is nominated by ward in the primary election and elected at large in the general election, the recall provisions shall apply to the registered voters at the general election.
(Neb. RS 32-1302)
   (C)   (1)   A petition demanding that the question of removing the Mayor, a member of the City Council, or any other elected official be submitted to the registered voters shall be signed by registered voters equal in number to at least 35% of the total vote cast for that office in the last general election, except that for City Council office for which more than one candidate is chosen, the petition shall be signed by registered voters equal in number to at least 35% of the number of votes cast for the person receiving the most votes for such office in the last general election. The signatures shall be affixed to petition papers and shall be considered part of the petition.
      (2)   Petition circulators shall conform to the requirements of Neb. RS 32-629 and 32-630.
      (3)   The petition papers shall be procured from the filing clerk. Prior to the issuance of such petition papers, an affidavit shall be signed and filed with the filing clerk by at least 1 registered voter. Such voter or voters shall be deemed to be the principal circulator or circulators of the recall petition. The affidavit shall state the name and office of the official sought to be removed, shall include in typewritten form in concise language of 60 words or less the reason or reasons for which recall is sought, and shall request that the filing clerk issue initial petition papers to the principal circulator for circulation. The filing clerk shall notify the official sought to be removed by any method specified in Neb. RS 25-505.01 or, if notification cannot be made with reasonable diligence by any of the methods specified in Neb. RS 25-505.01, by leaving a copy of the affidavit at the official's usual place of residence and mailing a copy by first-class mail to the official's last-known address. If the official chooses, he or she may submit a defense statement in typewritten form in concise language of 60 words or less for inclusion on the petition. Any such defense statement shall be submitted to the filing clerk within 20 days after the official receives the copy of the affidavit. The principal circulator or circulators shall gather the petition papers within 20 days after the receipt of the official’s defense statement. The filing clerk shall notify the principal circulator or circulators that the necessary signatures must be gathered within 30 days from the date of issuing the petitions.
      (4)   The filing clerk, upon issuing the initial petition papers or any subsequent petition papers, shall enter in a record, to be kept in his or her office, the name of the principal circulator or circulators to whom the papers were issued, the date of issuance, and the number of papers issued. The filing clerk shall certify on the papers the name of the principal circulator or circulators to whom the papers were issued and the date they were issued. No petition paper shall be accepted as part of the petition unless it bears such certificate. The principal circulator or circulators who check out petitions from the filing clerk may distribute such petitions to persons who may act as circulators of such petitions.
      (5)   Petition signers shall conform to the requirements of Neb. RS 32-629 and 32-630. Each signer of a recall petition shall be a registered voter and qualified by his or her place of residence to vote for the office in question.
(Neb. RS 32-1303)
   (D)   Each petition paper shall conform to the requirements of Neb. RS 32-1304.
   (E)   (1)   The principal circulator or circulators shall file, as one instrument, all petition papers comprising a recall petition for signature verification with the filing clerk within 30 days after the filing clerk issues the initial petition papers to the principal circulator or circulators as provided in division (C) of this section.
      (2)   Within 15 days after the filing of the petition, the filing clerk shall ascertain whether or not the petition is signed by the requisite number of registered voters. No new signatures may be added after the initial filing of the petition papers.  No signatures may be removed unless the filing clerk receives an affidavit signed by the person requesting his or her signature be removed before the petitions are filed with the filing clerk for signature verification. If the petition is found to be sufficient, the filing clerk shall attach to the petition a certificate showing the result of such examination. If the requisite number of signatures has not been gathered, the filing clerk shall file the petition in his or her office without prejudice to the filing of a new petition for the same purpose.
(Neb. RS 32-1305)
   (F)   (1)   If the recall petition is found to be sufficient, the filing clerk shall notify the official whose removal is sought and the City Council that sufficient signatures have been gathered. Notification of the official sought to be removed may be by any method specified in Neb. RS 25-505.01 or, if notification cannot be made with reasonable diligence by any of the methods specified in Neb. RS 25-505.01, by leaving such notice at the official's usual place of residence and mailing a copy by first-class mail to the official's last-known address.
      (2)   The City Council shall order an election to be held not less than 30 nor more than 75 days after the notification of the official whose removal is sought under division (F)(1) of this section, except that if any other election is to be held in the city within 90 days after such notification, the City Council shall provide for the holding of the recall election on the same day. All resignations shall be tendered as provided in Neb. RS 32-562. If the official whose removal is sought resigns before the recall election is held, the City Council may cancel the recall election if the City Council notifies the election commissioner or county clerk of the cancellation at least 16 days prior to the election, otherwise the recall election shall be held as scheduled.
      (3)   If the City Council fails or refuses to order a recall election within the time required, the election may be ordered by the district court having jurisdiction over a county in which the elected official serves. If a filing clerk is subject to a recall election, the Secretary of State shall conduct the recall election.
(Neb. RS 32-1306)
   (G)   The form of the official ballot at a recall election held pursuant to division (F) of this section shall conform to the requirements of Neb. RS 32-1307.
   (H)   (1)   If a majority of the votes cast at a recall election are against the removal of the official named on the ballot or the election results in a tie, the official shall continue in office for the remainder of his or her term but may be subject to further recall attempts as provided in division (I) of this section.
      (2)   If a majority of the votes cast at a recall election are for the removal of the official named on the ballot, he or she shall, regardless of any technical defects in the recall petition, be deemed removed from office unless a recount is ordered. If the official is deemed removed, the removal shall result in a vacancy in the office which shall be filled as otherwise provided in this section and Neb. RS 32-567 through 32-570.
      (3)   If the election results show a margin of votes equal to 1% or less between the removal or retention of the official in question, the Secretary of State, Election Commissioner, or County Clerk shall order a recount of the votes cast unless the official named on the ballot files a written statement with the filing clerk that he or she does not want a recount.
      (4)   If there are vacancies in the offices of a majority or more of the members of the City Council or any other governing body at one time due to the recall of such members, a special election to fill such vacancies shall be conducted as expeditiously as possible by the Secretary of State, Election Commissioner, or County Clerk.
      (5)   No official who is removed at a recall election or who 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.
(Neb. RS 32-1308)
   (I)   No recall petition shall be filed against an elected official within 12 months after a recall election has failed to remove him or her from office or within 6 months after the beginning of his or her term of office or within 6 months prior to the incumbent filing deadline for the office.
(Neb. RS 32-1309)

§ 1-711 ELECTIONS; EXIT POLLS.

Bookmark§ 1-711  ELECTIONS; EXIT POLLS.
   No person shall conduct an exit poll, a public opinion poll, or any other interview with voters on election day seeking to determine voter preference within 20 feet of the entrance of any polling place or, if inside the polling place or building, within 100 feet of any voting booth.
(Neb. RS 32-1525)  (Ord. 479, passed 10-8-1985)

§ 1-712 ELECTIONS; WARDS.

Bookmark§ 1-712  ELECTIONS; WARDS.
   Except when otherwise provided by ordinance of the governing body, the wards of the city shall be defined as follows:
   (A)   First Ward.
      All territory east of a line commencing at the south corporate limits and running north on the line of the center of Fifteenth (15th) Street to the center line of M Street; thence west on the line of the center of M Street to the center line of Fourteenth (14th) Street; thence north on the line of the center of Fourteenth (14th) Street to the north corporate limits.
   (B)   Second Ward.
      All the remainder of the territory embraces within the corporate limits and lying west of the line designated as the westerly limits of the foregoing First Ward.

ARTICLE 8: FISCAL MANAGEMENT

BookmarkARTICLE 8:  FISCAL MANAGEMENT
Section
   1-801   Financial management; definitions
   1-802   Financial management; annual audit; financial statements
   1-803   Financial management; contracts and purchases; bidding and other requirements
   1-804   Financial management; orders or warrants for money; contracts; expenditures; requirements
   1-805   Financial management; claims and accounts payable
   1-806   Financial management; collection of special assessments; procedure
   1-807   Financial management; special assessment fund
   1-808   Financial management; sinking funds; gifts of money or property
   1-809   Financial management; deposit of funds
   1-810   Financial management; certificates of deposit; time deposits; conditions
   1-811   Financial management; investment and use of surplus funds
   1-812   Financial management; bond issues
   1-813   Financial management; debt collection; authority to contract with collection agency
   1-814   Financial management; credit cards; authority to accept
   1-815   Financial management; fiscal year
   1-816   Financial management; budget procedures
   1-817   Financial management; expenditures prior to adoption of budget
   1-818   Financial management; proposed budget statement; contents; availability; correction
   1-819   Financial management; proposed budget statement; hearing; adoption; certification of tax amount
   1-820   Financial management; adopted budget statement; filing; certification of tax amount
   1-821   Financial management; appropriation bill
   1-822   Financial management; general fund
   1-823   Financial management; transfer of funds
   1-824   Financial management; budget revision
   1-825   Financial management; proprietary functions; fiscal year; budget statements; filing; hearing; adoption; reconciliation
   1-826   Financial management; property tax levy for general revenue purposes
   1-827   Financial management; levies for other taxes and special assessments
   1-828   Financial management; all-purpose levy; extraordinary levies; allocation; abandonment
   1-829   Financial management; property tax levy; maximum; authority to exceed
   1-830   Financial management; property tax levy; certification of amount; collection
   1-831   Financial management; property tax request; procedure for setting
   1-832   Financial management; motor vehicle fee

§ 1-801 FINANCIAL MANAGEMENT; DEFINITIONS.

Bookmark§ 1-801  FINANCIAL MANAGEMENT; DEFINITIONS.
   For the purpose of this article, the following definition shall apply unless the context clearly indicates or requires a different meaning.
   BIENNIAL BUDGET. A budget by the city that provides for a biennial period to determine and carry on the city’s financial and taxing affairs.
   BIENNIAL PERIOD. The two fiscal years comprising a biennium commencing in odd-numbered or even-numbered years used by the city in determining and carrying on its financial and taxing affairs.
   PUBLIC FUNDS.  All money, including non-tax money, used in the operation and functions of governing bodies.  If the city has a lottery established under the Nebraska County and City Lottery Act, only those net proceeds which are actually received by the city from a licensed lottery operator shall be considered PUBLIC FUNDS, and PUBLIC FUNDS shall not include amounts awarded as prizes.
(Neb. RS 13-503)

§ 1-802 FINANCIAL MANAGEMENT; ANNUAL AUDIT; FINANCIAL STATEMENTS.

Bookmark§ 1-802  FINANCIAL MANAGEMENT; ANNUAL AUDIT; FINANCIAL STATEMENTS.
   (A)   (1)   For the purpose of this division (A), the following definitions shall apply unless the context clearly indicates or requires a different meaning.
         ACCOUNTANT.  A duly licensed public accountant or certified public accountant who otherwise is not an employee of or connected in any way with the city.
         ANNUAL AUDIT REPORT.  The written report of the accountant and all appended statements and schedules relating thereto presenting or recording the findings of an examination or audit of the financial transactions, affairs, or financial condition of the city and its proprietary functions for the fiscal year immediately prior to the making of the annual report.
         FISCAL YEAR.  The fiscal year for the city or the fiscal year established in Neb. RS 18-2804 for a proprietary function if different than the city fiscal year.
(Neb. RS 19-2902)
      (2)   The City Council shall cause an audit of the city’s accounts to be made by a recognized independent and qualified accountant as expeditiously as possible following the close of the fiscal year and to cover all financial transactions and affairs of the city for that preceding fiscal year.  The audit shall be made on a cash or accrual method at the discretion of the City Council.  The audit shall be completed and the annual audit report made by the accountant shall be submitted within six months after the close of the fiscal year in any event, unless an extension of time is granted by a written resolution adopted by the City Council. If the city owns or operates any type of public utility or other enterprise which substantially generates its own revenue, that phase of the affairs of the city shall be audited separately from other functions of the city and the result shall appear separately in the annual audit report made by the accountant to the city and such audit shall be on an accrual basis and shall contain statements and materials which conform to generally accepted accounting principles.  For the utilities operated through the Board of Public Works, the City Council may provide for an entirely separate audit, on an accrual basis, of such operations and report and by a different accountant than the one making the general audit.
(Neb. RS 19-2903)
      (3)   The annual audit report shall set forth, insofar as possible, the financial position and results of financial operations for each fund or group of accounts of the city.  When the accrual method is selected for the annual audit report, the report shall be in accordance with generally accepted accounting principles.  The annual audit report shall also include the professional opinion of the accountant with respect to the financial statements, or, if an opinion cannot be expressed, a declaration that the accountant is unable to express such an opinion with an explanation of the reasons why he or she cannot do so.
(Neb. RS 19-2904)
      (4)   At least three copies of such annual audit report shall be properly signed and attested by the accountant; two copies shall be filed with the City Clerk, and 1 copy shall be filed with the Auditor of Public Accounts. The annual audit report filed, together with any accompanying comment or explanation, shall become a part of the public records of the City Clerk and shall at all times thereafter be open and subject to public inspection.
(Neb. RS 19-2905)
   (B)   The City Council shall provide and file with the City Clerk, not later than August 1 of each year, financial statements showing the city’s actual and budgeted figures for the most recently completed fiscal year.
(Neb. RS 13-606)
(Ord. 459, passed 8-14-1984)
Statutory reference:
   Other provisions on audits, Neb. RS 19-2906 through 19-2909

§ 1-803 FINANCIAL MANAGEMENT; CONTRACTS AND PURCHASES; BIDDING AND OTHER REQUIREMENTS.

Bookmark§ 1-803  FINANCIAL MANAGEMENT; 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 municipal, 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 the enlargement or improvement is assessed to the property, costing over $30,000, 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 $30,000 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 the 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) of this section, the governing body may publish the amount of the estimate.
   (C)   Advertisements for bids shall be required for any contract costing over $30,000 entered into:
      (1)   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 the enlargement or improvement is assessed to the property; or
      (2)   For the purchase of equipment used in the construction of the 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 the enlargement or improvement without advertising for bids if the price is:
      (1)   $30,000 or less;
      (2)   $60,000 or less and the municipal electric utility has gross annual revenue from retail sales in excess of $1,000,000;
      (3)   $90,000 or less and the municipal electric utility has gross annual revenue from retail sales in excess of $5,000,000; or
      (4)   $120,000 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) of this section shall be published at least seven days prior to the bid closing in a legal newspaper in or of general circulation in the municipality.  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 17-613 when adopted by a 3/4 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 or Board of Public Works, no cost can be estimated until the materials have been manufactured or assembled to the specific qualifications of the municipal, the governing body or Board of Public Works may authorize the manufacture and assemblage of those materials and may thereafter approve the estimated cost expenditure when it is provided by the manufacturer.
(Neb. RS 17-568.01)
   (H)   Any municipal bidding procedure may be waived by the governing body or Board of Public Works:
      (1)   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 through 81-162;
      (2)   When the contract is negotiated directly with a sheltered workshop pursuant to Neb. RS 48-1503; or
      (3)   When required to comply with any federal grant, loan, or program.
(Neb. RS 17-568.02)
   (I)   (1)   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.
      (2)   For the purpose of this division (I), the following definitions shall apply unless the context clearly indicates or requires a different meaning.
         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.
         PURCHASING or PURCHASE.  The obtaining of personal property by sale, lease, or other contractual means.
(Neb. RS 18-1756)
(Ord. 316, passed 6-14-1976; Ord. 362, passed 9-10-1979; Ord. 438, passed 10-11-1983; Ord. 675, passed 10-12-1998; Ord. 887, passed 12-9-2013; Ord. 923, passed 2-13-2018)
Statutory reference:
   Requirements for public lettings, see Neb. RS 73-101 et seq.

§ 1-804 FINANCIAL MANAGEMENT; ORDERS OR WARRANTS FOR MONEY; CONTRACTS; EXPENDITURES; REQUIREMENTS.

Bookmark§ 1-804  FINANCIAL MANAGEMENT; ORDERS OR WARRANTS FOR MONEY; CONTRACTS; EXPENDITURES;  REQUIREMENTS.
   (A)   The Mayor and City Council shall have no power to appropriate, issue, or draw any order or warrant on the City Treasurer for money, unless the same has been appropriated or ordered by ordinance, or the claim for the payment of which such order or warrant is issued has been allowed according to the provisions of § 1-805, and funds for the class or object out of which such claim is payable have been included in the adopted budget statement or transferred according to law.
(Neb. RS 17-708)
   (B)   No contract shall be hereafter made by the City Council, or any committee or member thereof, and no expense shall be incurred by any of the officers or departments of the city, whether the object of the expenditures shall have been ordered by the City Council or not, unless an appropriation shall have been previously made concerning such expense, except as otherwise expressly provided in division (A).
(Neb. RS 17-709)
   (C)   All warrants drawn upon the City Treasurer must be signed by the Mayor and countersigned by the City 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)

§ 1-805 FINANCIAL MANAGEMENT; CLAIMS AND ACCOUNTS PAYABLE.

Bookmark§ 1-805  FINANCIAL MANAGEMENT; CLAIMS AND ACCOUNTS PAYABLE.
   (A)   (1)   All liquidated and unliquidated claims and accounts payable against the city 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 City Clerk.
      (3)   The City 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 City Council.
      (4)   No costs shall be recovered against the city in any action brought against it for any claim or for any claim allowed in part which has not been presented to the City Council 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 City Council, 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)
(Ord. 407, passed 3-9-1982)

§ 1-806 FINANCIAL MANAGEMENT; COLLECTION OF SPECIAL ASSESSMENTS; PROCEDURE.

Bookmark§ 1-806  FINANCIAL MANAGEMENT; COLLECTION OF SPECIAL ASSESSMENTS; PROCEDURE.
   (A)   The city shall have authority to collect the special assessments which it levies and to perform all other necessary functions related thereto including foreclosure.
   (B)   The City Council of any city collecting its own special assessments shall direct that notice that special assessments are due shall be mailed or otherwise delivered to the last known address of the person against whom those special assessments are assessed or to the lending institution or other party responsible for paying those special assessments.  Failure to receive the notice shall not relieve the taxpayer from any liability to pay the special assessments and any interest or penalties accrued thereon.
   (C)   A city collecting its own assessments shall:
      (1)   File notice of the assessments and the amount of assessment being levied for each lot or tract of land to the Register of Deeds; and
      (2)   File a release of assessment upon final payment of each assessment with the Register of Deeds.
(Neb. RS 18-1216)  (Ord. 647, passed 6-9-1997)
Statutory reference:
   Refunding erroneously paid special assessments, see Neb. RS 17-703

§ 1-807 FINANCIAL MANAGEMENT; SPECIAL ASSESSMENT FUND.

Bookmark§ 1-807  FINANCIAL MANAGEMENT; SPECIAL ASSESSMENT FUND.
   All money received on special assessments shall be held by the City 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 city for money expended for any such improvement.
(Neb. RS 17-710)

§ 1-808 FINANCIAL MANAGEMENT; SINKING FUNDS; GIFTS OF MONEY OR PROPERTY.

Bookmark§ 1-808  FINANCIAL MANAGEMENT; SINKING FUNDS; GIFTS OF MONEY OR PROPERTY.
   (A)   The city 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 City Council, 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 City Council may manage the same as in the case of real estate donated to the city for city library purposes under the provisions of Neb. RS 51-215 and 51-216.
(Neb. RS 19-1301)
   (B)   The City Council, 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 city 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 city, 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: City library; city auditorium or community house for social or recreational purposes; city hall; city public library, auditorium, or community house in a single building; city swimming pool and appurtenances thereto; city jail; city building to house equipment or personnel of a fire department, together with firefighting equipment or apparatus; city park; city cemetery; city medical clinic building, together with furnishings and equipment; or city hospital. The city shall not be authorized to levy the tax or to establish the sinking fund as provided in this division if, having bonded indebtedness, such city 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).
(Neb. RS 19-1302)
   (C)   Before any sinking fund or funds are established or before any annual tax is levied for any such planned city improvement mentioned in division (B) by the city, the City Council shall declare its purpose by resolution to submit to the qualified electors of the city at the next general city election the proposition to provide the city with the specific city 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 city or, if no legal newspaper is published therein, in some legal newspaper published in the county in which the city 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 city 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 city 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 City Council 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 City 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 City Council, in the manner provided in § 1-811. Whenever investments of such sinking fund or funds are made, as aforesaid, the nature and character of the same shall be reported to the City Council, and the investment report shall be made a matter of record by the City Clerk in the proceedings of the City Council. 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 city 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
   Investment in warrants, see Neb. RS 77-2337

§ 1-809 FINANCIAL MANAGEMENT; DEPOSIT OF FUNDS.

Bookmark§ 1-809  FINANCIAL MANAGEMENT; DEPOSIT OF FUNDS.
   (A)   (1)   The City 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 City Treasurer.  These deposits shall be subject to all regulations imposed by law or adopted by the City Council for the receiving and holding thereof.  The fact that a stockholder, director, or other officer of the bank, capital stock financial institution, or qualifying mutual financial institution is also serving as Mayor, a member of the City Council, as a member of the Board of Public Works, or as any other officer of the city shall not disqualify the bank, capital stock financial institution, or qualifying mutual financial institution from acting as a depository for the city funds.
      (2)   The City Council 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 or guaranteed 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 City Council shall approve this bond or giving of security.  The City 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.
(Neb. RS 17-607)
   (B)   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 or bonds to the extent that the deposits are insured or guaranteed by that corporation, and for deposits so insured or guaranteed, no other surety bond or bonds or other security shall be required.
(Neb. RS 77-2362)
   (C)   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.
(Neb. RS 17-607 and 77-2362)
(Ord. 673, passed 10-12-1998; Ord. 766, passed 1-12-2004)
Statutory reference:
   Other provisions on deposits of public funds, see Neb. RS 77-2363 and 77-2364
   Public Funds Deposit Security Act, see Neb. RS 77-2386

§ 1-810 FINANCIAL MANAGEMENT; CERTIFICATES OF DEPOSIT; TIME DEPOSITS; CONDITIONS.

Bookmark§ 1-810  FINANCIAL MANAGEMENT; CERTIFICATES OF DEPOSIT; TIME DEPOSITS; CONDITIONS.
   The City Treasurer may, upon resolution of the Mayor and City Council 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 those certificates of deposit or time deposits are insured or guaranteed 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 through 16-716 as of the time the deposit is made.  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.
(Neb. RS 17-720)  (Ord. 674, passed 10-12-1998)

§ 1-811 FINANCIAL MANAGEMENT; INVESTMENT AND USE OF SURPLUS FUNDS.

Bookmark§ 1-811  FINANCIAL MANAGEMENT; INVESTMENT AND USE OF SURPLUS FUNDS.
   (A)   When the City Treasurer holds funds of the city in excess of the amount required for maintenance or set aside for betterments and improvements, the Mayor and City Council may, by resolution, direct and authorize the Treasurer to invest the surplus funds in the outstanding bonds or registered warrants of the city, bonds and debentures issued either singly or collectively by any of the 12 federal land banks, the 12 intermediate credit banks, or the 13 banks for cooperatives under the supervision of the Farm Credit Administration, or in interest-bearing bonds or the obligations of the United States. The interest on such bonds or warrants shall be credited to the fund out of which the bonds or warrants were purchased.
(Neb. RS 17-608)
   (B)   All income received by the city from public utilities and from the payment and collection of water taxes, rents, rates or assessments shall be applied to the payment of running expenses, interest on bonds or money borrowed and the erection and construction of public utilities; should there be any surplus, it shall be annually created into a sinking fund for the payment of public utility bonds or for the improvements of the works, or into the general fund as the Council may direct. The surplus remaining, if any, may, if the Council, be invested in interest-bearing bonds or obligations of the United States.
(Neb. RS 17-540)
   (C)   The Mayor and City Council may, by resolution, direct and authorize the Treasurer to dispose of the surplus electric light, water, or gas funds, or the funds arising from the sale of electric light, water, or natural gas distribution properties, by the payment of outstanding electric light, water, or gas distribution bonds or water warrants then due. The excess, if any, after such payments, may be transferred to the general fund of the city.
(Neb. RS 17-609)
   (D)   Any surplus funds arising out of the operation of any system of waterworks, power plant, ice plant, gas plant, sewerage, heating or lighting plant, or distribution system by the Board of Public Works, or by the City Council, where any of such utilities are not being operated by such a Board, may be invested, if not invested pursuant to the provisions of any other law upon the subject, in like manner and subject to the same conditions as the investment of similar funds of cities of the first class, as provided in Neb. RS 16-691.01.
(Neb. RS 17-803)
   (E)   (1)   Whenever the 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 City Council may invest any such surplus in excess of current needs or such excess in its sinking fund in certificates of deposit, in time deposits, and in any securities in which the State Investment Officer is authorized to invest pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act and as provided in the authorized investment guidelines of the Nebraska Investment Council in effect on the date the investment is made. The State Investment Officer shall upon request furnish a copy of current authorized investment guidelines of the Nebraska Investment Council.
      (2)   Nothing in division (E)(1) shall be construed to authorize investments in venture capital.
(Neb. RS 77-2341)
(Ord. 540, passed 11-13-1989)

§ 1-812 FINANCIAL MANAGEMENT; BOND ISSUES.

Bookmark§ 1-812  FINANCIAL MANAGEMENT; BOND ISSUES.
   The City Council 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 City Council shall have the authority to levy special assessments for the payment of interest and principal on these bonds and may spread the payments up to the maximum number of years permitted by state law.
Statutory reference:
   Bonds in general, see Neb. RS 18-1801 through 18-1805
   Funding and refunding bonds, see Neb. RS 10-606 through 10-612
   General provisions, see Neb. RS 10-101 through 10-143

§ 1-813 FINANCIAL MANAGEMENT; DEBT COLLECTION; AUTHORITY TO CONTRACT WITH COLLECTION AGENCY.

Bookmark§ 1-813  FINANCIAL MANAGEMENT; DEBT COLLECTION; AUTHORITY TO CONTRACT WITH COLLECTION AGENCY.
   (A)   The city may contract to retain a collection agency licensed pursuant to Neb. RS 45-601 through 45-622, within or without this state, for the purpose of collecting public debts owed by any person to the city.
   (B)   No debt owed pursuant to division (A) of this section may be assigned to a collection agency unless:
      (1)   There has been an attempt to advise the debtor by first-class mail, postage prepaid, at the last known address of the debtor:
         (a)   Of the existence of the debt; and
         (b)   That the debt may be assigned to a collection agency for collection if the debt is not paid; and
      (2)   At least 30 days have elapsed from the time the notice was sent.
   (C)   A collection agency which is assigned a debt under this section shall have only those remedies and powers which would be available to it as an assignee of a private creditor.
   (D)   For purposes of this section, debt shall include all delinquent fees or payments except delinquent property taxes on real estate.  In the case of debt arising as a result of an order or judgment of a court in a criminal or traffic matter, a collection fee may be added to the debt.  The collection fee shall be $25 or 4.5% of the debt, whichever is greater.  The collection fee shall be paid by the person who owes the debt directly to the person or agency providing the collection service.
(Neb. RS 45-623)

§ 1-814 FINANCIAL MANAGEMENT; CREDIT CARDS; AUTHORITY TO ACCEPT.

Bookmark§ 1-814  FINANCIAL MANAGEMENT; CREDIT CARDS; AUTHORITY TO ACCEPT.
   (A)   If authorized by the City Council, any city official may accept credit cards, charge cards, or debit cards, whether presented in person or electronically, or electronic funds transfers as a method of cash payment of any tax, levy, excise, duty, custom, toll, interest, penalty, fine, license, fee, or assessment of whatever kind or nature, whether general or special, as provided by Neb. RS 77-1702.
   (B)   The total amount of the taxes, levies, excises, duties, customs, tolls, interest, penalties, fines, licenses, fees, or assessments of whatever kind or nature, whether general or special, paid for by credit card, charge card, debit card, or electronic funds transfer shall be collected by the city official.
   (C)   With respect to a facility which it operates in a proprietary capacity, the City Council may choose to accept credit cards, charge cards, or debit cards, whether presented in person or electronically, or electronic funds transfers as a means of cash payment and may adjust the price for services to reflect the handling and payment costs.
   (D)   The city official shall obtain, for each transaction, authorization for use of any credit card, charge card, or debit card used pursuant to this section from the financial institution, vending service company, credit card or charge card company, or third-party merchant bank providing that service.
   (E)   The types of credit cards, charge cards, or debit cards accepted and the payment services provided shall be determined by the State Treasurer and the Director of Administrative Services with the advice of a committee convened by the State Treasurer and the director. The committee shall consist of the State Treasurer, the Tax Commissioner, the director, and representatives from counties, cities, and other political subdivisions as may be appropriate. The committee shall develop recommendations for the contracting of such services. The State Treasurer and the director shall contract with one or more credit card, charge card, or debit card companies or third-party merchant banks for services on behalf of the state and those counties, cities, and political subdivisions that choose to participate in the state contract for such services. The State Treasurer and the director shall consider, for purposes of this section, any negotiated discount, processing, or transaction fee imposed by a credit card, charge card, or debit card company or third-party merchant bank as an administrative expense. If the City Council chooses not to participate in the state contract, it may choose types of credit cards, charge cards, and debit cards and may negotiate and contract independently or collectively as a governmental entity with 1 or more financial institutions, vending service companies, credit card, charge card, or debit card companies, or third-party merchant banks for the provision of these services.
   (F)   Subject to the direction of the City Council, a city official  authorizing acceptance of credit card or charge card payments shall be authorized but not required to impose a surcharge or convenience fee upon the person making a payment by credit card or charge card so as to wholly or partially offset the amount of any discount or administrative fees charged to the city, but the surcharge or convenience fee shall not exceed the surcharge or convenience fee imposed by the credit card or charge card companies or third-party merchant banks which have contracted under division (E) of this section.  The surcharge or convenience fee shall be applied only when allowed by the operating rules and regulations of the credit card or charge card involved or when authorized in writing by the credit card or charge card company involved.  When a person elects to make a payment to the city by credit card or charge card and such a surcharge or convenience fee is imposed, the payment of the surcharge or convenience fee shall be deemed voluntary by that person and shall be in no case refundable.  If a payment is made electronically by credit card, charge card, debit card, or electronic funds transfer as part of a system for providing or retrieving information electronically, the city official shall be authorized but not required to impose an additional surcharge or convenience fee upon the person making a payment.
   (G)   For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
      ELECTRONIC FUNDS TRANSFER.  The movement of funds by nonpaper means, usually through a payment system, including, but not limited to, an automated clearinghouse or the Federal Reserve’s Fedwire system.
(Neb. RS 13-609)  (Ord. 687, passed 10-12-1998; Ord. 756, passed 3-10-2003)

§ 1-815 FINANCIAL MANAGEMENT; FISCAL YEAR.

Bookmark§ 1-815  FINANCIAL MANAGEMENT; FISCAL YEAR.
   The fiscal year of the city and any public utility of the city commences on October 1 and extends through the following September 30 except as provided in the Municipal Proprietary Function Act.
(Neb. RS 17-701)  (Ord. 617, passed 1-8-1996)

§ 1-816 FINANCIAL MANAGEMENT; BUDGET PROCEDURES.

Bookmark§ 1-816  FINANCIAL MANAGEMENT; BUDGET PROCEDURES.
   The budget instruction manual prepared by the Auditor of Public Accounts is incorporated by reference for the purpose of proper budget preparation.

§ 1-817 FINANCIAL MANAGEMENT; EXPENDITURES PRIOR TO ADOPTION OF BUDGET.

Bookmark§ 1-817  FINANCIAL MANAGEMENT; EXPENDITURES PRIOR TO ADOPTION OF BUDGET.
   (A)   On and after the first day of its fiscal year in 1993 and of each succeeding year or on or after the first day of its biennial period and until the adoption of the budget by the City Council in September, the City Council may expend any balance of cash on hand for the current expenses of the city.  Except as provided in division (B) of this section, these expenditures shall not exceed an amount equivalent to the total amount expended under the last budget in the equivalent period of the prior budget year or biennial period.  These expenditures shall be charged against the appropriations for each individual fund or purpose as provided in the budget when adopted.
(Neb. RS 13-509.01)
   (B)   The restriction on expenditures in division (A) of this section may be exceeded upon the express finding of the City Council that expenditures beyond the amount authorized are necessary to enable the city to meet its statutory duties and responsibilities.  The finding and approval of the expenditures in excess of the statutory authorization shall be adopted by the City Council in open public session.  Expenditures authorized by this section shall be charged against appropriations for each individual fund or purpose as provided in the budget when adopted, and nothing in this section shall be construed to authorize expenditures by the city in excess of that authorized by any other statutory provision.
(Neb. RS 13-509.02)
(Ord. 604, passed 8-14-1995)

§ 1-818 FINANCIAL MANAGEMENT; PROPOSED BUDGET STATEMENT; CONTENTS; AVAILABILITY; CORRECTION.

Bookmark§ 1-818  FINANCIAL MANAGEMENT; PROPOSED BUDGET STATEMENT; CONTENTS; AVAILABILITY; CORRECTION.
   (A)   The City Council shall annually or biennially  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 pursuant to § 1-819.  A proposed budget statement shall contain the following information, except as provided by state law:
      (1)   For the immediately preceding fiscal year or biennial period, 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 or biennial period; the amount received by taxation of personal and real property; and the amount of actual expenditures;
      (2)   For the current fiscal year or biennial period, 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 or biennial period; the amount received from personal and real property taxation; and the amount of actual and estimated expenditures, whichever is applicable.  This statement shall contain the cash reserve for each fiscal year or biennial period and shall note whether or not the reserve is encumbered.  The cash reserve projections shall be based upon the actual experience of prior years or biennial periods.  The cash reserve shall not exceed 50% of the total budget adopted exclusive of capital outlay items;
      (3)   For the immediately ensuing fiscal year or biennial period, 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 or biennial period; the amounts proposed to be expended during the year or biennial period; and the amount of cash reserve, based on actual experience of prior years or biennial period, 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 City Council; 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, and a grand total of all funds maintained by the City Council; and
      (6)   A list of the proprietary functions which are not included in the budget statement.  These proprietary functions shall have a separate budget statement which is approved by the City Council 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 city as well as any funds held by the County Treasurer for the city and shall be accurately stated on the proposed budget statement.
   (C)   The city shall correct any material errors in the budget statement detected by the Auditor of Public Accounts or by other sources.
(Neb. RS 13-504)
   (D)   The estimated expenditures plus the required cash reserve for the ensuing fiscal year or biennial period less all estimated and actual unencumbered balances at the beginning of the year or biennial period 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 that 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 or biennial period.
(Neb. RS 13-505)
(Ord. 458, passed 8-14-1984; Ord. 645, passed 6-9-1997; Ord. 667, passed 10-12-1998; Ord. 726, passed 4-9-2001; Ord. 752, passed 3-10-2003)

§ 1-819 FINANCIAL MANAGEMENT; PROPOSED BUDGET STATEMENT; HEARING; ADOPTION; CERTIFICATION OF TAX AMOUNT.

Bookmark§ 1-819  FINANCIAL MANAGEMENT; PROPOSED BUDGET STATEMENT; HEARING; ADOPTION; CERTIFICATION OF TAX AMOUNT.
   (A)   The governing body shall each year or biennial period 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 four calendar days prior to the date set for hearing in a newspaper of general circulation within the municipality's jurisdiction. For purposes of such notice, the four calendar days shall include the day of publication but not the day of hearing. When the total operating budget, not including reserves, does not exceed $10,000 per year or $20,000 per biennial period, the proposed budget summary may be posted at the governing body's principal headquarters.
   (B)   After the hearing, the proposed budget statement shall be adopted, or amended and adopted as amended, and a written record shall be kept of the 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.  The certification of the amount to be received from personal and real property taxation shall specify separately the amount to be applied to the payment of principal or interest on bonds issued by the governing body and 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 the changes shall be published within 20 calendar 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 the changes.
   (D)   Upon approval by governing body, the budget shall be filed with the Auditor of Public Accounts. The Auditor may review the budget for errors in mathematics, improper accounting, and noncompliance with the Nebraska Budget Act or Neb. RS 13-518 to 13-522. If the Auditor detects such errors, he or she shall immediately notify the Governing body of such errors. The governing body shall correct any such error as provided in § 1-824. Warrants for the payment of expenditures provided in the budget adopted under this section shall be valid notwithstanding any errors or noncompliance for which the Auditor has notified the governing body.
(Neb. RS 13-506)
   (E)   When a levy increase has been authorized by vote of the electors, the adopted budget statement shall indicate the amount of the levy increase.
(Neb. RS 13-507)
(Ord. 668, passed 10-12-1998; Ord. 753, passed 3-10-2003; Ord. 922, passed 2-13-2018)

§ 1-820 FINANCIAL MANAGEMENT; ADOPTED BUDGET STATEMENT; FILING; CERTIFICATION OF AMOUNT OF TAX.

Bookmark§ 1-820  FINANCIAL MANAGEMENT; ADOPTED BUDGET STATEMENT; FILING; CERTIFICATION OF AMOUNT OF TAX.
   (A)   (1)   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 or boards on or before September 20 of each year or September 20 of the final year of a biennial period and file with the Auditor of Public Accounts a copy of the adopted budget statement which complies with Neb. RS 13-518 to 13-522, together with the amount of the tax required to fund the adopted budget, setting out separately:
         (a)   The amount to be levied for the payment of principal or interest on bonds issued by the governing body; and
         (b)   The amount to be levied for all other purposes.
      (2)   Proof of publication shall be attached to the statements.
   (B)   If the prime rate published by the Federal Reserve Board is 10% or more at the time of the filing and certification required under this subsection, 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 or biennial period 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 or biennial period 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 under municipal ordinance.
   (C)   The governing body shall use the certified taxable values as provided by the County Assessor pursuant to Neb. RS 13-509 for the current year in setting or certifying the levy. The governing body may designate one of its members to perform any duty or responsibility required of the governing body by this section.
(Neb. RS 13-508)
(Ord. 618, passed 1-8-1996; Ord. 646, passed 6-9-1997; Ord. 669, passed 10-12-1998; Ord. 924, passed 2-13-2018)

§ 1-821 FINANCIAL MANAGEMENT; APPROPRIATION BILL.

Bookmark§ 1-821  FINANCIAL MANAGEMENT; APPROPRIATION BILL.
   The City Council shall adopt a budget statement pursuant to the Nebraska Budget Act, to be termed, “The Annual Appropriation Bill,” in which the Council may appropriate those sums of money as may be deemed necessary to defray all necessary expenses and liabilities of the city.
(Neb. RS 17-706)  (Ord. 619, passed 1-8-1996)

§ 1-822 FINANCIAL MANAGEMENT; GENERAL FUND.

Bookmark§ 1-822  FINANCIAL MANAGEMENT; GENERAL FUND.
   If the city has not decided to follow the all-purpose levy method of financing for the fiscal year, all money not specifically appropriated in the annual appropriation bill shall be deposited in and known as the General Fund.

§ 1-823 FINANCIAL MANAGEMENT; TRANSFER OF FUNDS.

Bookmark§ 1-823  FINANCIAL MANAGEMENT; TRANSFER OF FUNDS.
   (A)   Whenever during the current fiscal year it becomes apparent to the City Council 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 Council may by a majority vote, unless otherwise provided by state law, transfer money from other funds to such fund.
   (B)   No expenditure during any fiscal year shall be made in excess of the amounts indicated in the adopted budget statement, except as authorized in § 1-824 or by state law.
   (C)   Any officer or officers of the City Council who obligate funds contrary to the provisions of this section shall be guilty of an offense.
(Neb. RS 13-510)  (Ord. 713, passed 10-9-2000)

§ 1-824 FINANCIAL MANAGEMENT; REVISION OF BUDGET.

Bookmark§ 1-824  FINANCIAL MANAGEMENT; REVISION OF BUDGET.
   (A)   Unless otherwise provided by law, the City Council 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 City Council 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 City Council 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 Council’s jurisdiction.  This 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 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.
   (D)   Upon conclusion of the public hearing on the proposed revised budget and approval of the proposed revised budget by the City Council, the Council shall file with the County Clerk of the county or counties in which the City Council is located, and with the Auditor of Public Accounts, a copy of the revised budget, as adopted.  The City Council 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.
   (E)   Within 30 days after the adoption of the budget under § 1-819, the City Council may, or within 30 days after notification of an error by the Auditor of Public Accounts, the Council 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 City Council shall file a copy of the corrected budget with the County Clerk of the county or counties in which the City Council is located and with the Auditor of Public Accounts.  The City Council may then issue warrants in payment for expenditures authorized by the budget.
(Neb. RS 13-511)  (Ord. 713, passed 10-9-2000; Ord. 755, passed 3-10-2003)

§ 1-825 FINANCIAL MANAGEMENT; PROPRIETARY FUNCTIONS; FISCAL YEAR; BUDGET STATEMENTS; FILING; HEARING; ADOPTION; RECONCILIATION.

Bookmark§ 1-825  FINANCIAL MANAGEMENT; PROPRIETARY FUNCTIONS; FISCAL YEAR; BUDGET STATEMENTS; FILING; HEARING; ADOPTION; RECONCILIATION.
   (A)   For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      PROPRIETARY FUNCTION.  A water supply or distribution utility, a wastewater collection or treatment utility, an electric generation, transmission, or distribution utility, a gas supply, transmission, or distribution utility, an integrated solid waste management collection, disposal, or handling utility, or a hospital or a nursing home owned by the city.
(Neb. RS 18-2803)
      SUBSIDIZATION.  The costs of operation of a proprietary function are regularly financed by appropriations from the city’s general fund in excess of the amount paid by the city to the proprietary function for actual service or services received.
(Neb. RS 18-2804)
   (B)   The City Council may establish a separate fiscal year for each proprietary function, except that any proprietary function which is subsidized by appropriations from the city’s general fund shall have the same fiscal year as the city.
   (C)   (1)   At least 30 days prior to the start of the fiscal year of each proprietary function, a proposed proprietary budget statement shall be prepared in writing and filed with the City Clerk containing the following information:
         (a)   For the immediately preceding fiscal year, the revenue from all sources, the unencumbered cash balance at the beginning and end of the year, the amount received by taxation, and the amount of actual expenditure;
         (b)   For the current fiscal year, actual and estimated revenue from all sources separately stated as to each such source, the actual unencumbered cash balance available at the beginning of the year, the amount received from taxation, and the amount of actual and estimated expenditure, whichever is applicable;
         (c)   For the immediately ensuing fiscal year, an estimate of revenue from all sources separately stated as to each such source, the actual or estimated unencumbered cash balance, whichever is applicable, to be available at the beginning of the year, the amounts proposed to be expended during the fiscal year, and the amount of cash reserve based on actual experience of prior years; and
         (d)   A uniform summary of the proposed budget statement which shall include a total of all funds maintained for the proprietary function.
      (2)   The statement shall contain the estimated cash reserve for each fiscal year and shall note whether or not the reserve is encumbered.  The cash reserve projections shall be based upon the actual experience of prior years.
      (3)   Each proprietary budget statement shall be filed on forms prescribed and furnished by the Auditor of Public Accounts following consultation with representatives of such governing bodies as operate proprietary functions subject to the provisions of the Municipal Proprietary Function Act.
(Neb. RS 18-2805)
   (D)   (1)   After a proposed proprietary budget statement is filed with the City Clerk, the City Council shall conduct a public hearing on the statement.  Notice of the time and place of the hearing, a summary of the proposed proprietary budget statement, and notice that the full proposed proprietary budget statement is available for public review with the City Clerk during normal business hours shall be published 1 time at least 5 days prior to the hearing in a newspaper of general circulation within the City Council’s jurisdiction or by mailing to each resident within the City Council’s jurisdiction.
      (2)   After the hearing, the proposed proprietary budget statement shall be adopted or amended and adopted as amended, and a written record shall be kept of the hearing.  If the adopted proprietary budget statement reflects a change from the proposed proprietary statement presented at the hearing, a copy of the adopted proprietary budget statement shall be filed with the City Clerk within 20 days after its adoption and published in a newspaper of general circulation within the City Council’s jurisdiction or by mailing to each resident within the City Council’s jurisdiction.
(Neb. RS 18-2806)
   (E)   If the actual expenditures for a proprietary function exceed the estimated expenditures in the proprietary budget statement during its fiscal year, the City Council shall adopt a proprietary function reconciliation statement within 90 days after the end of the fiscal year which reflects any difference between the adopted proprietary budget statement for the previous fiscal year and the actual expenditures and revenue for that fiscal year.  After the adoption of a proprietary function reconciliation statement, it shall be filed with the City Clerk and published in a newspaper of general circulation within the City Council’s jurisdiction or by mailing to each resident within the City Council’s jurisdiction.  If the difference between the adopted proprietary budget for the previous fiscal year and the actual expenditures and revenues for that fiscal year is greater than 10%, the proprietary function reconciliation statement shall only be adopted following a public hearing.
(Neb. RS 18-2807)
   (F)   If the budget of a proprietary function is included in the city budget statement created pursuant to the Nebraska Budget Act, the Municipal Proprietary Function Act need not be followed for that proprietary function. Any income from a proprietary function which is transferred to the general fund of the city shall be shown as a source of revenue in the city budget statement created pursuant to the Nebraska Budget Act.
(Neb. RS 18-2808)

§ 1-826 FINANCIAL MANAGEMENT; PROPERTY TAX LEVY FOR GENERAL REVENUE PURPOSES.

Bookmark§ 1-826  FINANCIAL MANAGEMENT; PROPERTY TAX LEVY FOR GENERAL REVENUE PURPOSES.
   The city shall have power to levy taxes for general revenue purposes in any one year not to exceed $0.35 on each $100 upon the taxable value of all the taxable property in the city. The valuation of such property shall be ascertained from the books or assessment rolls of the County Assessor.
(Neb. RS 17-506)

§ 1-827 FINANCIAL MANAGEMENT; LEVIES FOR OTHER TAXES AND SPECIAL ASSESSMENTS.

Bookmark§ 1-827  FINANCIAL MANAGEMENT; LEVIES FOR OTHER TAXES AND SPECIAL ASSESSMENTS.
   The city shall have power to levy any other tax or special assessment authorized by law.
(Neb. RS 17-507)

§ 1-828 FINANCIAL MANAGEMENT; ALL-PURPOSE LEVY; EXTRAORDINARY LEVIES; ALLOCATION; ABANDONMENT.

Bookmark§ 1-828  FINANCIAL MANAGEMENT; ALL-PURPOSE LEVY; EXTRAORDINARY LEVIES; ALLOCATION; ABANDONMENT.
   (A)   Notwithstanding provisions in the statutes of Nebraska and this code to the contrary, for any fiscal year the City Council may decide to certify to the County Clerk for collection one all-purpose levy required to be raised by taxation for all city purposes instead of certifying a schedule of levies for specific purposes added together. Subject to the limits in § 35.48, the all-purpose levy shall not exceed an annual levy of $1.05 on each $100 upon the taxable valuation of all the taxable property in the city. Otherwise authorized extraordinary levies to service and pay bonded indebtedness of the city may be made by the city in addition to such all-purpose levy.
(Neb. RS 19-1309)
   (B)   If the method provided in division (A) is followed in city financing, the city shall allocate the amount so raised to the several departments of the city in its annual budget and appropriation ordinance, or in other legal manner, as the City Council deems wisest and best.
(Neb. RS 19-1310)
   (C)   If the city elects to follow the method provided in division (A), it shall be bound by that election during the ensuing fiscal year but may abandon such method in succeeding fiscal years.
(Neb. RS 19-1311)
   (D)   If it is necessary to certify the amount to county officers for collection, the same shall be certified as a single amount for general fund purposes.
(Neb. RS 19-1312)

§ 1-829 FINANCIAL MANAGEMENT; PROPERTY TAX LEVY; MAXIMUM; AUTHORITY TO EXCEED.

Bookmark§ 1-829  FINANCIAL MANAGEMENT; PROPERTY TAX LEVY; MAXIMUM; AUTHORITY TO EXCEED.
   (A)   Property tax levies for the support of the city 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).  The city 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 city'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 city which require or obligate the city to pay that judgment, to the extent the judgment is not paid by liability insurance coverage of the city, 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 Division  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).
(Neb. RS 77-3442)
   (B)   (1)   All city airport authorities established under the Cities Airport Authorities Act, community redevelopment authorities established under the Community Development Law, and off-street parking districts established under the Offstreet Parking District Act may be allocated property taxes as authorized by law which are authorized by the city and are counted in the municipal levy limit provided by division (A), 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 Division  of Aeronautics in lieu of bonded indebtedness at a lower cost to the public airport.  For off-street parking districts established under the Offstreet Parking District Act, the tax shall be counted in the allocation by the city proportionately, by dividing the total taxable valuation of the taxable property within the district by the total taxable valuation of the taxable property within the city multiplied by the levy of the district. The City Council shall review and approve or disapprove the levy request of the political subdivisions subject to this division (B).  The City Council 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 city may be exceeded as provided in division (C).
      (2)   On or before August 1, all political subdivisions subject to city levy authority under this division (B) shall submit a preliminary request for levy allocation to the City Council.  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 that 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 City Council 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 that 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 City Council and the governing body of the political subdivision whose final levy allocation is at issue.
(Neb. RS 77-3443)
   (C)   (1)   The city may exceed the limits provided in division (A) 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 City Council 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 2/3 of the members of the City Council and delivering a copy of the resolution to the County Clerk or Election Commissioner of every county which contains all or part of the city; or
         (b)   Upon receipt of a petition by the County Clerk or Election Commissioner of every county containing all or part of the city requesting an election signed by at least 5% of the registered voters residing in the city.
      (3)   The resolution or petition shall include the amount of levy which would be imposed in excess of the limits provided in division (A) and the duration of the excess levy authority.  The excess levy authority shall not have a duration greater than 5 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 filed 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 City Council 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), whichever is earliest.
      (6)   The City Council may pass no more than 1 resolution calling for an election pursuant to this division (C) during any 1 calendar year.  Only 1 election may be held in any 1 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 the tax, the County Board shall authorize a tax in excess of the limits in division (A), but the tax shall not exceed the amount stated in the ballot question.  If a majority of those voting on the ballot question are opposed to the tax, the City Council shall not impose the tax.
      (8)   (a)   The city 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 City Council 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 2/3 of the members of the City Council and delivering a copy of the resolution to the County Clerk or Election Commissioner of every county which contains all or part of the city; or
            2.   Upon receipt of a petition by the County Clerk or Election Commissioner of every county containing all or part of the city requesting an election signed by at least 5% of the registered voters residing in the city.
         (c)   The resolution or petition shall include the amount and the duration of the previously approved excess levy authority and a statement that either the excess levy authority will be rescinded or the excess levy authority will be modified.  If the excess levy authority will be modified, the amount and duration of the modification shall be stated.  The modification shall not have a duration greater than 5 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.
(Neb. RS 77-3444)
(Ord. 671, passed 10-12-1998; Ord. 754, passed 3-10-2003; Ord. 928, passed 2-13-2018)

§ 1-830 FINANCIAL MANAGEMENT; PROPERTY TAX LEVY; CERTIFICATION OF AMOUNT; COLLECTION.

Bookmark§ 1-830  FINANCIAL MANAGEMENT; PROPERTY TAX LEVY; CERTIFICATION OF AMOUNT; COLLECTION.
   The City Council 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 city which the city requires for the purposes of the adopted budget statement for the ensuing year, including all special assessments and taxes assessed as otherwise provided. The County Clerk shall place the same on the property tax lists to be collected in the manner provided by law for the collection of county taxes in the county where the city is situated. In all sales for any delinquent taxes for municipal purposes, if there are other delinquent taxes due from the same person or a lien on the same property, the sale shall be for all the delinquent taxes. Such sales and all sales made under or by virtue of this section or the provision of law herein referred to shall be of the same validity and in all respects be deemed and treated as though such sales had been made for the delinquent county taxes exclusively.
(Neb. RS 17-702)

§ 1-831 FINANCIAL MANAGEMENT; PROPERTY TAX REQUEST; PROCEDURE FOR SETTING.

Bookmark§ 1-831  FINANCIAL MANAGEMENT; PROPERTY TAX REQUEST; PROCEDURE FOR SETTING.
   (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 City Council passes by a majority vote a resolution or ordinance setting the tax request at a different amount.  That resolution or ordinance shall only be passed after a special public hearing called for the purpose is held and after notice is published in a newspaper of general circulation in the area of the city 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.
   (B)   Any resolution setting a tax request under this section shall be certified and forwarded to the County Clerk on or before October 13 of the year for which the tax request is to apply.
   (C)   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.
(Neb. RS 77-1601.02)  (Ord. 648, passed 6-9-1997; Ord. 672, passed 10-12-1998; Ord. 709, passed 10-9-2000)

§ 1-832 FINANCIAL MANAGEMENT; MOTOR VEHICLE FEE.

Bookmark§ 1-832  FINANCIAL MANAGEMENT; MOTOR VEHICLE FEE.
   (A)   For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      LIMITS OF THE CITY. Includes the extraterritorial zoning jurisdiction of the city.
      PERSON. Includes bodies corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, cooperatives, and associations. Person does not include any federal, state, or local government or any political subdivision thereof.
   (B)   Except as otherwise provided in division (D) of this section, the governing body of the city shall have power to require any individual whose primary residence or person who owns a place of business which is within the limits of the city and that owns and operates a motor vehicle within such limits to pay an annual motor vehicle fee and to require the payment of such fee upon the change of ownership of such vehicle. All such fees which may be provided for under this section shall be used exclusively for constructing, repairing, maintaining, or improving streets, roads, alleys, public ways, or parts thereof or for the amortization of bonded indebtedness when created for such purposes.
   (C)   No motor vehicle fee shall be required under this section if:
      (1)   A vehicle is used or stored but temporarily in the city for a period of six months or less in a 12-month period;
      (2)   An individual does not have a primary residence or a person does not own a place of business within the limits of the city and does not own and operate a motor vehicle within the limits of the city; or
      (3)   An individual is a full-time student attending a post-secondary institution within the limits of the city and the motor vehicle’s situs under the Motor Vehicle Certificate of Title Act is different from the place at which he or she is attending such institution.
   (D)   After December 31, 2012, no motor vehicle fee shall be required of any individual whose primary residence is or person who owns a place of business within the extraterritorial zoning jurisdiction of the city.
   (E)   The fee shall be paid to the County Treasurer of the county in which the city is located when the registration fees as provided in the Motor Vehicle Registration Act are paid.  These fees shall be credited by the County Treasurer to the road fund of the city.
(Neb. RS 18-1214)  (Ord. 531, passed 12-12-1998)
Statutory reference:
   Motor Vehicle Registration Act, see Neb. RS 60-301

ARTICLE 9: COMPENSATION

BookmarkARTICLE 9:  COMPENSATION
Section
   1-901   Compensation; municipal officials
   1-902   Compensation; conflict of interest involving contracts

§ 1-901 COMPENSATION; MUNICIPAL OFFICIALS.

Bookmark§ 1-901  COMPENSATION; MUNICIPAL OFFICIALS.
   (A)   The officers and employees of the city shall receive such compensation as the Mayor and Council shall fix by ordinance. 
(Neb. RS 17-108)
   (B)   The city may enact ordinances or bylaws to regulate and prescribe the compensation of officers not provided for in state law.
(Neb. RS 17-604)
   (C)   No officer shall receive any pay or perquisites from the city other than his or her salary.  The City Council shall not pay or appropriate any money or other valuable thing to any person not an officer for the performance of any act, service, or duty, the doing or performance of which shall come within the proper scope of the duties of any officer of the city. 
(Neb. RS 17-611)
   (D)   The emoluments of any elective officer shall not be increased or diminished during the term for which he or she shall have been elected, except when there has been a combination and merger of offices as provided in § 1-203, except that when there are officers elected to the Council, or any other board or commission having more than one member and the terms of one or more members commence and end at different times, the compensation of all members of such council, board or commission may be increased or diminished at the beginning of the full term of any member thereof.  No person who shall have resigned or vacated any office shall be eligible to the same during the time for which he or she was elected if during the same time the emoluments thereof were increased. 
(Neb. RS 17-612)

§ 1-902 COMPENSATION; CONFLICT OF INTEREST INVOLVING CONTRACTS.

Bookmark§ 1-902  COMPENSATION; 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.
(Neb. RS 49-1408)
      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.
(Neb. RS 49-1425)
      OFFICER.
         (a)   Includes:
            1.   A member of any board or commission of the city which spends and administers its own funds, who is dealing with a contract made by such board or commission; or
            2.   Any elected city 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 the 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) of this section 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 has no business association with the business involved in the contract, or 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 all employees, or 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 does not apply to contracts covered by this section.
(Neb. RS 49-14,103.01)
   (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) of this section 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) of this section.  This information shall be kept in the ledger for five years from the date of the officer’s last day in office and shall include:
         (a)   The names of the contracting parties;
         (b)   The nature of the interest of the officer in question;
         (c)   The date that the contract was approved by the governing body;
         (d)   The amount of the contract; and
         (e)   The 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.
(Neb. RS 49-14,103.02)
   (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) of this section shall be filed within ten days after the 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.
(Neb. RS 49-14,103.03)
   (J)   Notwithstanding divisions (A) through (I) of this section, the governing body may prohibit contracts over a specific dollar amount in which an officer of the governing body may have an interest.
(Neb. RS 49-14,103.05)
   (K)   The governing body may exempt from divisions (A) through (I) of this section, contracts involving $100 or less in which an officer of that body may have an interest.
(Neb. RS 49-14,103.06)
(Ord. 426, passed 8-24-1982; Ord. 439, passed 10-11-1983; Ord. 460, passed 8-14-1984; Ord. 492, passed 11-11-1986; Ord. 740, passed 5-13-2002)
Statutory reference:
   Other provisions on conflicts of interest, see Neb. RS 18-305 through 18-312 and 49-1499.03 through 49-14,103
   Penalty for violation of restrictions on contracts, see Neb. RS 49-14,103.04

ARTICLE 10: INITIATIVE AND REFERENDUM

BookmarkARTICLE 10:  INITIATIVE AND REFERENDUM
Section
   1-1001   Initiative and referendum; definitions
   1-1002   Initiative and referendum; petitions, ballots
   1-1003   Initiative and referendum; petition form
   1-1003.01   Initiative and referendum; declaratory judgment
   1-1004   Initiative and referendum; signature sheets
   1-1005   Initiative and referendum; petitions, affidavit
   1-1006   Initiative and referendum; petitions, notifications
   1-1007   Initiative and referendum; frequency of occurrence
   1-1008   Initiative and referendum; direct vote
   1-1009   Initiative and referendum; elections
   1-1010   Initiative and referendum; ballots
   1-1011   Initiative and referendum; initiative
   1-1012   Initiative and referendum; referendum limitations
   1-1013   Initiative and referendum; referendum, passage
   1-1014   Initiative and referendum; violations, penalties
   1-1015   Initiative and referendum; applicability

§ 1-1001 INITIATIVE AND REFERENDUM; DEFINITIONS.

Bookmark§ 1-1001  INITIATIVE AND REFERENDUM; DEFINITIONS.
   The powers of initiative and referendum are reserved to the qualified electors of the municipality by state law. This article 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 purposes of this article, the definitions set out in this section, unless the context otherwise requires, shall apply.
   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 pass, and which is not excluded from the operation of referendum by the exceptions in § 1-1012.
   MUNICIPALITY. The City of Franklin, Nebraska.
   PETITION. A document authorized for circulation pursuant to § 1-1002, or any copy of such document.
   PLACE OF RESIDENCE. The street and number of the residence. If there is no street and number for the residence, PLACE OF RESIDENCE shall mean the mailing address.
   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.
   RESIDENCE. That place at which a person has established his or her home, where he or she is habitually present, and to which, when he or she departs, he or she intends to return.
   SIGNATURE SHEET. A sheet of paper which is part of a petition and which is signed by persons wishing to support the petition effort.
(Neb. RS 18-2501 through 18-2511)  (Ord. 425, passed 8-24-1982; Ord. 461, passed 8-14-1984)

§ 1-1002 INITIATIVE AND REFERENDUM; PETITIONS, BALLOTS.

Bookmark§ 1-1002  INITIATIVE AND REFERENDUM; 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, 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. 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. Verification by the Clerk that the prospective petition is in proper form does not constitute an admission by the Clerk, governing body or municipality that the measure is subject to referendum or limited referendum or that the measure may be enacted by initiative.
   (B)   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.
   (C)   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 bold face type. 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.
(Neb. RS 18-2512, 18-2513)  (Ord. 425, passed 8-24-1982; Ord. 461, passed 8-14-1984)

§ 1-1003 INITIATIVE AND REFERENDUM; PETITION FORM.

Bookmark§ 1-1003  INITIATIVE AND REFERENDUM; PETITION 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 City 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 City 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.
(Neb. RS 18-2514)
   (B)   Each petition presented for signature must be identical to the petition authorized for circulation by the City 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.
(Neb. RS 18-2515)  (Ord. 425, passed 8-24-1982; Ord. 461, passed 8-14-1984; Ord. 767, passed 1-12-2004)

§ 1-1003.01 INITIATIVE AND REFERENDUM; DECLARATORY JUDGMENT.

Bookmark§ 1-1003.01  INITIATIVE AND REFERENDUM; DECLARATORY JUDGMENT.
   (A)   The city or any chief petitioner may seek a declaratory judgment regarding any questions arising under this article, 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 city shall be served by personal, residence or certified mail service upon the chief executive officer or City Clerk. If the city 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 City Clerk for signature verification until 40 days from the date the City Council received notification from the verifying official that the necessary signatures have been obtained. If the city 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 article. If the city 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 city and each chief petitioner shall be required to be made parties. The city, City Clerk, City Council or any of the city’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. (Neb. RS 18-2538)  (Ord. 425, passed 8-24-1982; Ord. 461, passed 8-14-1984; Ord. 767, passed 1-12-2004)

§ 1-1004 INITIATIVE AND REFERENDUM; SIGNATURE SHEETS.

Bookmark§ 1-1004  INITIATIVE AND REFERENDUM; SIGNATURE SHEETS.
   (A)   Every signature sheet shall:
      (1)   Contain the caption required in § 1-1002(A) of this article;
      (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 place of residence and the date of signing. No signatory shall use ditto marks as a means of affixing his or her place of residence 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.
(Neb. RS 18-2516)  (Ord. 425, passed 8-24-1982; Ord. 461, passed 8-14-1984)

§ 1-1005 INITIATIVE AND REFERENDUM; PETITIONS, AFFIDAVIT.

Bookmark§ 1-1005  INITIATIVE AND REFERENDUM; PETITIONS, AFFIDAVIT.
   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 place of residence correctly.
(Neb. RS 18-2517)  (Ord. 425, passed 8-24-1982; Ord. 461, passed 8-14-1984)

§ 1-1006 INITIATIVE AND REFERENDUM; PETITIONS, NOTIFICATIONS.

Bookmark§ 1-1006  INITIATIVE AND REFERENDUM; PETITIONS, NOTIFICATIONS.
   (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 article 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.
(Neb. RS 18-2518)  (Ord. 425, passed 8-24-1982)

§ 1-1007 INITIATIVE AND REFERENDUM; FREQUENCY OF OCCURRENCE.

Bookmark§ 1-1007  INITIATIVE AND REFERENDUM; 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.
(Neb. RS 18-2519)  (Ord. 425, passed 8-24-1982)

§ 1-1008 INITIATIVE AND REFERENDUM; DIRECT VOTE.

Bookmark§ 1-1008  INITIATIVE AND REFERENDUM; 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, passed by it, including an override of any veto, if necessary, or enacted by the electors under this article and may provide in such resolution that such measure 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 article 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.
(Neb. RS 18-2520)  (Ord. 425, passed 8-24-1982; Ord. 461, passed 8-14-1984)

§ 1-1009 INITIATIVE AND REFERENDUM; ELECTIONS.

Bookmark§ 1-1009  INITIATIVE AND REFERENDUM; ELECTIONS.
   (A)   The Clerk shall call elections under this article, 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 at least once not less than 30 days prior to such election and also posted in the office of the Clerk and in at least three conspicuous places in such municipality at least 30 days prior to such election. The notice shall be substantially as follows:
 
   Notice is hereby given that on Tuesday, the________ day of _____________, 20____, at (identify polling place or precinct) of the municipality of _________________________, Nebraska, an election will be held at which there will be submitted to the electors of the municipality for their approval or rejection, the following measures, propositions, or issues:
 
   _______________________________________________
   _______________________________________________
   (naming measures, propositions, or issues),
 
which election will be open at 8:00 a.m. and will continue open until 8:00 p.m., of the same day.
 
                              Dated this _______ day of __________________, 20_____.
                              ______________________________________________
                              Clerk of the City/Village of ________, Nebraska.
 
   (B)   The Clerk shall make available for photocopying a copy in pamphlet form of measures initiated or referred. Such notice provided in this section shall designate where such a copy in pamphlet form may be obtained.
(Neb. RS 18-2521)  (Ord. 425, passed 8-24-1982; Ord. 461, passed 8-14-1984)

§ 1-1010 INITIATIVE AND REFERENDUM; BALLOTS.

Bookmark§ 1-1010  INITIATIVE AND REFERENDUM; BALLOTS.
   All ballots for use in special elections under this article shall be prepared by the Clerk and furnished by the governing body, 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 article.
(Neb. RS 18-2522)  (Ord. 425, passed 8-24-1982; Ord. 461, passed 8-14-1984)

§ 1-1011 INITIATIVE AND REFERENDUM; INITIATIVE.

Bookmark§ 1-1011  INITIATIVE AND REFERENDUM; 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 § 1-1012.
   (C)   Whenever an initiative 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 consider passage of the measure contained in the petition including an override of any veto, if necessary. If the governing body fails to pass the measure without amendment, including an override of any veto, if necessary, 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. If the governing body desires to submit the measure to a vote of the people at a special election prior to the next regularly scheduled primary or general election held within the municipality, the governing body, shall, by resolution, direct the Clerk to cause the measure to be submitted at a special election. Such resolution shall not be subject to referendum or limited referendum.
   (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 pursuant to § 1-1006, it shall be the duty of the governing body to consider passage of the measure contained in the petition including an override of any veto, if necessary. If the governing body fails to pass the measure, without amendment, including an override of any veto, if necessary, 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 § 1-1006.
   (E)   If a majority of voters voting on the initiative measure shall vote in favor of such measure, it shall become a valid and binding measure of the municipality 30 days after certification of the election results, unless the governing body by resolution orders an earlier effective date or the measure itself provides for a later effective date, which resolution shall not be subject to referendum or limited referendum. A measure passed 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 passage of the measure by the electors.
(Neb. RS 18-2523 through 18-2526)  (Ord. 425, passed 8-24-1982; Ord. 461, passed 8-14-1984)

§ 1-1012 INITIATIVE AND REFERENDUM; REFERENDUM LIMITATIONS.

Bookmark§ 1-1012  INITIATIVE AND REFERENDUM; 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.
(Neb. RS 18-2527)
   (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 the Mayor;
      (5)   Measures relating to projects for which notice has been given as provided for in division (E) of this section 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 § 1-1011(C) and § 1-1013(A) of this code;
      (7)   Resolutions ordering an earlier effective date for measures enacted by initiative as provided in § 1-1011(E) of this code;
      (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; and
      (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.
(Neb. RS 18-2528(1))
   (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 the Mayor; 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.
(Neb. RS 18-2528(2))
   (D)   Measures subject to limited referendum shall ordinarily take effect 30 days after their passage by the governing body, including an override of any veto, if necessary. Referendum petitions directed at measures subject to limited referendum shall be filed for signature verification pursuant to § 1-1006 of this code within 30 days after such measure’s passage by the governing body, including an override of any veto, if necessary, or after notice is first published pursuant to division (E)(3) of this section. If the necessary number of signatures as provided in § 1-1011 of this code has been obtained within the time limitation, the effectiveness of the measure shall be suspended unless approved by the voters.
(Neb. RS 18-2528(3))
   (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 article 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 governing body’s jurisdiction;
      (2)   By passage of a measure approving the project, including an override of a veto, if necessary, at a meeting held on any date subsequent to the date of hearing; and
      (3)   After passage of such measure, including an override of a veto, if necessary, 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; and
         (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 subdivision 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, including an override of a veto, if necessary, 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 subsection is optional, and the municipality shall not be required to hold such a hearing or give such notice for any particular project.
(Neb. RS 18-2528(4))
   (F)   All measures, except as provided in divisions (B), (C) and (E) of this section, shall be subject to the referendum procedure at any time after such measure has been passed by the governing body, including an override of a veto, if necessary, or enacted by the voters by initiative.
(Neb. RS 18-2528(5))
(Ord. 425, passed 8-24-1982; Ord. 461, passed 8-14-1984; Ord. 727, passed 4-9-2001)

§ 1-1013 INITIATIVE AND REFERENDUM; REFERENDUM, PASSAGE.

Bookmark§ 1-1013  INITIATIVE AND REFERENDUM; 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 pursuant to § 1-1006, 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, including an override of any veto, if necessary, within 30 days from the date the governing body receives notification pursuant to § 1-1006, 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. If the governing body desires to submit the measure to a vote of the people at a special election prior to the next regularly scheduled primary or general election held within the municipality, the governing body shall, by resolution, direct the Clerk to cause the measure to be submitted at a special election. Such resolution shall not be subject to referendum or limited referendum.
   (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, including an override of any veto, if necessary, 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.
(Neb. RS 18-2529 through 18-2531)  (Ord. 425, passed 8-24-1982; Ord. 461, passed 8-14-1984)

§ 1-1014 INITIATIVE AND REFERENDUM; VIOLATIONS, PENALTIES.

Bookmark§ 1-1014  INITIATIVE AND REFERENDUM; VIOLATIONS, PENALTIES.
   (A)   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 $300 on the fine.
   (B)   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.
   (C)   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 $300 on the fine.
   (D)   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 I misdemeanor but imprisonment shall not be included as part of the punishment.
(Neb. RS 18-2532 through 18-2535)  (Ord. 425, passed 8-24-1982; Ord. 461, passed 8-14-1984)

§ 1-1015 INITIATIVE AND REFERENDUM; APPLICABILITY.

Bookmark§ 1-1015  INITIATIVE AND REFERENDUM; APPLICABILITY.
   (A)   The provisions of the statutes of the State of Nebraska 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 article.
   (B)   Nothing in this article 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.
(Neb. RS 18-2536, 18-2537)  (Ord. 425, passed 8-24-1982)

ARTICLE 11: INTERGOVERNMENTAL RISK MANAGEMENT

BookmarkARTICLE 11:  INTERGOVERNMENTAL RISK MANAGEMENT
Section
   1-1101   Intergovernmental risk management; authority

§ 1-1101 INTERGOVERNMENTAL RISK MANAGEMENT; AUTHORITY.

Bookmark§ 1-1101  INTERGOVERNMENTAL RISK MANAGEMENT; AUTHORITY.
   The governing body and any one or more public agencies, as defined in Neb. RS 44-4303, may make and execute an agreement providing for joint and cooperative action in accordance with 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:
   (A)   General liability;
   (B)   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;
   (C)   Errors and omissions liability; and
   (D)   Workers’ compensation liability.
(Neb. RS 44-4301 through 44-4339)  (Ord. 512, passed 9-14-1987)

ARTICLE 12: PENAL PROVISION

BookmarkARTICLE 12:  PENAL PROVISION
Section
   1-1201   Violations; penalty

§ 1-1201 VIOLATIONS; PENALTY.

Bookmark§ 1-1201  VIOLATIONS; PENALTY.
   (A)   Any person, or any person’s agent or servant, who violates any of the provisions of this chapter, unless otherwise specifically provided herein, shall be deemed guilty of an offense and upon conviction thereof shall be fined in any sum not exceeding $500. A new violation shall be deemed to have been committed every 24 hours of failure to comply with the provisions of this chapter.
   (B)   (1)   Whenever a nuisance exists as defined in this code of ordinances, the municipality may proceed by a suit in equity to enjoin, abate and remove the same in the manner provided by law.
      (2)   Whenever, in any action, it is established that a nuisance exists, the court may, together with the fine or penalty imposed, enter an order of abatement as a part of the judgment in the case.
(Neb. RS 17-505, 18-1720, 18-1722)  (Ord. 710, passed 10-9-2000)

CHAPTER 2: COMMISSIONS AND BOARDS

BookmarkCHAPTER 2:  COMMISSIONS AND BOARDS
   Article
      1.   COMMISSIONS AND BOARDS
      2.   PENAL PROVISION

ARTICLE 1: COMMISSIONS AND BOARDS

BookmarkARTICLE 1:  COMMISSIONS AND BOARDS
Section
   2-101   Library Board
   2-102   Planning Commission
   2-103   Board of Adjustment
   2-104   Board of Health
   2-105   Cemetery Board
   2-106   Housing Authority Board
   2-107   Housing Authority; operation and management
   2-108   Housing Authority; reports
   2-109   Joint Housing Authority
   2-110   Housing Authority; continued existence as Housing Agency
   2-111   Ballpark Board
   2-112   Pool Board
   2-113   Community Development Authority

§ 2-101 LIBRARY BOARD.

Bookmark§ 2-101  LIBRARY BOARD.
   (A)   When the City Council has decided by ordinance to establish and maintain a public library and reading room under Neb. RS 51-201 to 51-219, and except as otherwise provided by the Council pursuant to Neb. RS 51-202, the Library Board shall have five appointed members who shall be residents of the city and who shall serve terms of four years.  The Board members shall be appointed by a majority vote of the members of the City Council.  Neither the Mayor nor any member of the City Council 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 City Council 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.
(Neb. RS 51-202)
   (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.
(Neb. RS 51-204)
      (2)   No member of the 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 City Clerk where they shall be available for public inspection at any reasonable time.
      (3)   The 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.
(Ord. 317, passed 6-14-1976; Ord. 399, passed 9-8-1981)
Cross-reference:
   Library provisions, see Chapter 3, Article 5

§ 2-102 PLANNING COMMISSION.

Bookmark§ 2-102  PLANNING COMMISSION.
   (A)   (1)   If the governing body adopts zoning or other regulations pursuant to Neb. RS 19-901 et seq., the Planning Commission shall consist of five, seven, or nine regular members, as specified by the governing body by ordinance, who shall represent, insofar as is possible, the different professions or occupations in the municipality and shall be appointed by the Mayor, by and with the approval of a majority vote of the members elected to the governing body. 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 are 500 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 governing body that 500 residents reside in the area subject to extraterritorial zoning or 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. 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. All regular members of the Commission shall serve without compensation. The term of each regular member shall be three years, except that one-third or fewer of the regular members of the first commission to be so appointed shall serve for terms of one year, one-third or fewer for terms of two years, and the remaining members 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 governing body, be removed by the Mayor with the consent of a majority vote of the members elected to the governing body 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 Mayor.
      (2)   The Mayor may, with the approval of a majority vote of the elected members of the governing body, appoint one alternate member to the Planning Commission. The alternate member shall serve without compensation. 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 Mayor with the approval of a majority vote of the elected members of the governing body. 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.
      (3)   A regular or alternate member of the Planning Commission may hold any other municipal office except:
         (a)   Mayor;
         (b)   A member of the governing body;
         (c)   A member of any community redevelopment authority or limited community redevelopment authority created under Neb. RS 18-2102.01; or
         (d) A member of any citizen advisory review committee created under Neb. RS 18-2715.
(Neb. RS 19-926)
   (B)   The Commission shall elect its Chairperson from its members and create and fill such other of its offices as it may determine. The term of the Chairperson shall be one year, and he or she shall be eligible for reelection. The Commission shall hold at least one regular meeting in each calendar quarter, except the governing body 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. 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.
(Neb. RS 19-927)
   (C)   No member of the Commission shall serve in the capacity of both the Mayor and Secretary of the Commission. The Secretary shall keep the full and correct minutes and records of all meetings and file them with the Municipal Clerk where they shall be available for public inspection during office hours.
   (D)   The governing body may provide the funds, equipment, and accommodations necessary for the work of the Commission, but the expenditures of the Commission, exclusive of gifts, shall be within the amounts appropriated for that purpose by the governing body; and no expenditures nor agreements for expenditures shall be valid in excess of such amounts.
(Neb. RS 19-928)
   (E)   (1)   (a)   Except as provided in Neb. RS 19-930 to 19-933, the Planning Commission shall:
            1.   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 such municipality and including a comprehensive development plan as defined by Neb. RS 19-903;
            2.   Prepare and adopt such implemental means as a capital improvement program, subdivision regulations, building codes, and a zoning ordinance in cooperation with other interested municipality departments; and
            3.   Consult with and advise public officials and agencies, public utilities, civic organizations, educational institutions, and citizens with relation to the promulgation and implementation of the comprehensive development plan and its implemental programs. The Commission may delegate authority to any such group to conduct studies and make surveys for the commission, make preliminary reports on its findings, and hold public hearings before submitting its final reports.
         (b)   The governing body shall not take final action on matters relating to the comprehensive development plan, capital improvements, building codes, subdivision development, the annexation of territory, or zoning until it has received the recommendation of the Planning Commission, provided that the Planning Commission shall make its recommendation so that it is received by the governing body within 60 days after the Commission begins consideration of a matter or within such other number of days as the governing body has set by ordinance.
         (c)   A recommendation from the Planning Commission shall not be required for subdivision of existing lots and blocks whenever all required public improvements have been installed, no new dedication of public rights-of-way or easements is involved, and such subdivision complies with the ordinance requirements concerning minimum areas and dimensions of such lots and blocks, if the governing body has designated, by ordinance, an agent pursuant to Neb. RS 19-916.
      (2)   (a)   The Commission may, with the consent of the governing body, in its own name:
            1.   Make and enter into contracts with public or private bodies;
            2.   Receive contributions, bequests, gifts, or grant funds from public or private sources;
            3.   Expend the funds appropriated to it by the municipality;
            4.   Employ agents and employees; and
            5.   Acquire, hold, and dispose of property.
         (b)   The Commission may on its own authority make arrangements consistent with its program, conduct or sponsor special studies or planning work for any public body or appropriate agency, receive grants, remuneration, or reimbursement for such studies or work, and at its public hearings, summon witnesses, administer oaths, and compel the giving of testimony.
      (3)   (a)   The Commission may grant conditional uses or special exceptions to property owners for the use of their property if the governing body has, through a zoning ordinance or special ordinance, generally authorized the Commission to exercise such powers and has approved the standards and procedures adopted by the Commission for equitably and judiciously granting such conditional uses or special exceptions. The granting of a conditional use permit or special exception shall only allow property owners to put their property to a special use if it is among those uses specifically identified in the zoning ordinance as classifications of uses which may require special conditions or requirements to be met by the owners before a use permit or building permit is authorized.
         (b)   The power to grant conditional uses or special exceptions shall be the exclusive authority of the Commission, except that the governing body may choose to retain for itself the power to grant conditional uses or special exceptions for those classifications of uses specified in the zoning ordinance. The governing body may exercise such power if it has formally adopted standards and procedures for granting such conditional uses or special exceptions in a manner that is equitable and will promote the public interest.
         (c)   An appeal of a decision by the Commission or governing body regarding a conditional use or special exception shall be made to the district court.
(Neb. RS 19-929)
(Ord. 350, passed 9-11-1978; Ord. 605, passed 8-14-1995; Ord. 620, passed 1-8-1996; Ord. 927, passed 2-13-2018)

§ 2-103 BOARD OF ADJUSTMENT.

Bookmark§ 2-103  BOARD OF ADJUSTMENT.
   (A)   The Mayor shall appoint, with the consent of the City Council, a Board of Adjustment, which shall consist of five regular members plus one additional member designated as an alternate who shall attend and serve only when one of the regular members is unable to attend for any reason. Each member shall be appointed for a term of three years and shall be removable for cause by the Mayor upon written charges and after public hearings. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. One member only of the Board of Adjustment shall be appointed from the membership of the Planning Commission, and the loss of membership on the Planning Commission by such member shall also result in his or her immediate loss of membership on the Board of Adjustment and the appointment of another Planning Commissioner to the Board of Adjustment. If the Board does not include a member who resides in the extraterritorial zoning jurisdiction of the city, the first vacancy occurring on the Board of Adjustment after the effective date of this section shall be filled by the appointment of a person who resides in the extraterritorial zoning jurisdiction of the city 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 of the city but within its extraterritorial zoning jurisdiction. Neither the Mayor nor any member of the City Council shall serve as a member of the Board of Adjustment.
   (B)   The members of the Board shall serve without compensation and may be required, in the discretion of the City Council, to give a bond in a sum set by resolution of the City Council and conditioned upon the faithful performance of their duties. The Board shall organize at its first meeting each year after the City Council meeting when appointments are regularly made and shall elect from its membership a Chairperson and Secretary. No member of the Board of Adjustment shall serve in the capacity of both Chairperson and Secretary of the Board.
   (C)   The Board shall adopt rules in accordance with the provisions of this section and Neb. RS 19-901 through 19-914. Meetings of the Board shall be held at the call of the Chairperson and at such other times as the Board may determine. Special meetings may be also held upon the call of any three members of the Board. A majority of the Board shall constitute a quorum for the purpose of doing business. The Chairperson, or in his or her absence the Acting Chairperson, may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public. It shall be the duty of the Secretary to keep complete and accurate minutes of the Board’s proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and to keep records of the Board’s examinations and other official actions, all of which shall be immediately filed in the office of the Board and shall be public record. The Board shall be responsible for making such reports and performing such other duties as the Mayor and City Council may designate.
(Neb. RS 19-908)
   (D)   Appeals to the Board may be taken by any person aggrieved or by any officer, department, board or bureau of the city affected by any decision of the administrative officer. Such appeal shall be taken within a reasonable time, as provided by the rules of the Board, by filing with the officer from whom the appeal is taken and with the Board a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken. An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Board, after the notice of appeal shall have been filed with him or her, that by reason of facts stated in the certificate a stay would, in his or her opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board or by a court of record on application on notice to the officer from whom the appeal is taken and on clue cause shown. The Board shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney.
(Neb. RS 19-909)
   (E)   The Board shall have only the following powers:
      (1)   To hear and decide appeals when it is alleged there is error in any order, requirement, decision or determination made by an administrative official or agency based on or made in the enforcement of any zoning regulation or any regulation relating to the location or soundness of structures, except that the authority to hear and decide appeals shall not apply to decisions made by the City Council or Planning Commission regarding a conditional use or special exception;
      (2)   To hear and decide, in accordance with the provisions of any zoning regulation, requests for interpretation of any map; and
      (3)   When by reason of exceptional narrowness, shallowness or shape of a specific piece of property at the time of the enactment of the zoning regulations, or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition of such piece of property, the strict application of any zoning regulation would result in peculiar and exceptional practical difficulties to or exceptional and undue hardships upon the owner of such property, to authorize, upon an appeal relating to the property, a variance from such strict application so as to relieve such difficulties or hardship, if such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of any ordinance or resolution.
   (F)   (1)   No such variance shall be authorized by the Board unless it finds that:
         (a)   The strict application of the zoning regulation would produce undue hardship;
         (b)   Such hardship is not shared generally by other properties in the same zoning district and the same vicinity;
         (c)   The authorization of such variance will not be of substantial detriment to adjacent property and the character of the district will not be changed by the granting of the variance; and
         (d)   The granting of such variance is based upon reason of demonstrable and exceptional hardship as distinguished from variations for purposes of convenience, profit or caprice.
      (2)   No variance shall be authorized unless the Board finds that the condition or situation of the property concerned or the intended use of the property is not of so general or recurring a nature as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to the zoning regulations.
   (G)   In exercising the powers granted in this section, the Board may, in conformity with Neb. RS 19-901 through 19-915, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from, and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken. The concurring vote of four members of the Board shall be necessary to reverse any order, requirement, decision or determination of any such administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under any such regulation or to effect any variation in such regulation.
(Neb. RS 19-910)
   (H)   Appeals from a decision by the Board may be taken as provide in Neb. RS 19-912.
(Neb. RS 19-907 through 19-910)  (Ord. 318, passed 6-14-1976; Ord. 347, passed 9-11-1978; Ord. 621, passed 1-8-1996; Ord. 784, passed 11-8-2004)

§ 2-104 BOARD OF HEALTH.

Bookmark§ 2-104  BOARD OF HEALTH.
   (A)   (1)   The Board of Health shall consist of four members: The Mayor, who shall be chairperson, the President of the City Council, and two other members. One member shall be a physician or health care provider, if one can be found who is willing to serve. Such physician or health care provider, if appointed, shall be the Board's medical advisor. If the Mayor has appointed a Chief of Police, the Chief of Police shall serve on the Board as secretary and quarantine officer.
      (2)   A majority of the Board of Health shall constitute a quorum and shall enact rules and regulations, which shall have the full force and effect of law, to safeguard the health of the people of the city, may enforce them, and may provide fines and punishments for the violation thereof. The Board shall have power to and shall make all needful rules and regulations relating to matters of sanitation of the city, including the removal of dead animals, the sanitary condition of the streets, alleys, vacant grounds, stockyards, cattle and hog pens, wells, cisterns, privies, waterclosets, cesspools, stables, and all buildings and places not specified where filth, nuisances, or offensive matter is kept or is liable to or does accumulate. It may regulate, suppress, and prevent the occurrence of nuisances and enforce all laws of the state and ordinances of the city relating to nuisances or to matters of sanitation of the city. The Board shall also have control of hospitals, dispensaries, places for treatment of sick, and matters relating to the same under such restrictions and provisions as may be provided by ordinance of the city.
(Neb. RS 17-121)
   (B)   The members of the Board of Health other than the Mayor, President of the Council, and Chief of Police shall serve terms of office of the length specified by the City Council and may be reappointed.
   (C)   The Board of Health shall reorganize at its meeting after appointments are regularly considered by the City Council and, if necessary, select a member to serve as secretary.  No member of the Board of Health shall hold more than one Board of Health position. The secretary shall keep full and correct minutes and records of all meetings and file the same with the City Clerk where they shall be available for public inspection during office hours.
   (D)   The Board shall meet at such times as the City Council may designate.  Special meetings may be held upon the call of the Chairperson or any two members of the Board of Health.
   (E)   The members of the Board of Health shall serve without compensation. The Board of Health shall be funded by the City Council from time to time out of the general fund.
   (F)   The Board of Health shall regularly inspect such premises and businesses as the City Council may direct.
   (G)   All members of the Board of Health shall be responsible for making such reports and performing such other duties as the City Council may, from time to time, designate.
(Ord. 649, passed 6-9-1997)

§ 2-105 CEMETERY BOARD.

Bookmark§ 2-105  CEMETERY BOARD.
   The governing body shall appoint the Cemetery Board which shall consist of six members who are residents of the municipality and who shall serve without compensation for a term of three years. Two members shall be appointed each year and may be required in the discretion of the governing body, to give a bond in a sum set by resolution of the governing body, and conditioned upon the faithful performance of their duties. At the first meeting in June of each year, the Board shall organize by selecting from its membership a Chairperson and Secretary. The Secretary shall keep the full and correct minutes and records of all meetings and file the same with the Municipal Clerk where they shall be available for public inspection at any reasonable time. A majority of the Board members shall constitute a quorum for the purpose of doing business. The Board shall meet at such times as the governing body may designate. Special meetings may be held upon the call of the Chairperson or any three members of the Board. The Board shall have the general care, management and supervision of the municipal cemetery with the power and authority to limit and regulate the number of cemetery lots that may be owned by the same person; to prescribe rules for enclosing, adorning and erecting monuments and tombstones on cemetery lots; and to prohibit any diverse or improper use thereof; provided, no religious tests shall be made as to the ownership of lots, the burial therein, and the ornamentation of graves. The Board shall pass rules and regulations for the proper use of the cemetery and prescribe penalties and fines for violations thereof. The Board shall use all revenue received from the sale of lots, gifts or by devise for the care, management and administration of the cemetery. All actions of the Board shall be subject to the review and supervision of the governing body and it shall be responsible for making such reports and performing such additional duties as the governing body may designate. No member of the governing body shall serve as a member of the Board while serving a term of office as a member of the governing body. No member of the Cemetery Board shall hold more than one Cemetery Board office.
(Neb. RS 12-401 through 12-403)
Cross reference:
   Cemetery, see Chapter 3, Article 6

§ 2-106 HOUSING AUTHORITY BOARD.

Bookmark§ 2-106  HOUSING AUTHORITY BOARD.
   (A)   The governing body shall appoint five persons who shall constitute the Housing Authority and such persons shall be called the Commissioners. One Commissioner shall be appointed each year. Each Commissioner shall serve a five-year term of office or until his or her successor is duly appointed; provided, that all vacancies shall be filled for the unexpired terms. The governing body may appoint one of its members to serve as one of the five members of such Housing Authority for such term as the governing body may determine. No person shall serve as a Commissioner unless he or she resides within the area of operation of that Housing Authority. A certificate of the appointment or reappointment of any Commissioner shall be filed with the Municipal Clerk and such certificate shall be conclusive evidence of the proper appointment of such Commissioner. A Commissioner shall receive no compensation for his or her services, but he or she shall be entitled to the necessary expenses, including travel expenses, incurred in discharge of his or her duties. A majority of Commissioners shall constitute a quorum of the Authority for the purpose of conducting its business, exercising its powers, and for all other purposes. Action may be taken by the Authority upon the vote of the majority of the Commissioners present unless in any case the bylaws of the Authority shall require a larger number. The Commissioners shall elect a Chairperson and Vice-Chairperson from among the Commissioners and shall have the power to employ an executive director who shall serve as ex officio Secretary of the Authority. The Authority may also employ legal counsel, or it may call upon the chief law officer of the municipality, for such services as it may require. It may employ technical experts and such other officers, agents and employees as it may require and shall determine their qualifications, duties, compensations and terms of office. The Authority may delegate such other powers and duties to its agents or employees as it may deem proper. During his or her tenure, and for one year thereafter, no Commissioner, officer or employee of the Municipal Housing Authority shall voluntarily acquire any interest, direct or indirect, in any project or in any property included or planned to be included in any project, or in any contract or proposed contract relating to any housing project. If any such Commissioner, officer or employee involuntarily acquires any such interest, or voluntarily or involuntarily acquired any such interest prior to appointment or employment as Commissioner, officer or employee, he or she shall immediately disclose his or her interest in writing to the Authority, and such disclosure shall be entered upon the minutes of the Authority, and he or she shall not participate in any action by the Authority relating to the property or contract in which he or she has any such interest; provided, that nothing herein shall apply to the acquisition of any interest in notes or bonds of the Authority issued in connection with any housing project, or to the execution of agreements by banking institutions for deposit or handling of funds in connection with a project or to act as trustee under any trust indenture, or to utility services, the rates for which are fixed or controlled by a governmental agency. The Mayor may remove a Commissioner for neglect of duty or misconduct in office in the manner prescribed hereinafter. The Mayor shall send a notice of removal to such Commissioner which notice shall contain a statement containing the charges against him or her. Unless within ten days from the receipt of such notice, such Commissioner files with the Clerk a request for a hearing before the governing body, the Commissioner shall be deemed as removed from office. If a request for a hearing is filed with the Clerk, the governing body of the municipality shall hold a hearing at which the Commissioner shall have the right to appear in person or by counsel and the governing body shall determine whether the removal shall be disapproved or upheld. If the removal is disapproved, the Commissioner shall continue to hold his or her position.
   (B)   The Housing Authority shall keep an accurate account of all its activities and of all its receipts and disbursements and shall make a report to the governing body on all such information.
(Neb. RS 71-1524 through 71-1526, 71-1552)  (Ord. 340, passed 10-10-1977; Ord. 411, passed 8-24-1982)

§ 2-107 HOUSING AUTHORITY; OPERATION AND MANAGEMENT.

Bookmark§ 2-107  HOUSING AUTHORITY; OPERATION AND MANAGEMENT.
   (A)   The Authority shall at all times observe the following duties with respect to rentals and tenant selection.
      (1)   It may rent or lease dwelling accommodations therein only to persons of low income, elderly or handicapped persons of low income, and displaced persons in need.
      (2)   There shall be no discrimination in the eligibility or occupancy of tenants on the basis of race, sex, marital status, religion, color, creed, national origin or ancestry.
      (3)   The Authority shall not accept any person as a tenant in any dwelling in the housing project if the persons who occupy the dwelling have an aggregate annual income which equals or exceeds the amount which the Authority has conclusively determined to be sufficient to enable one to secure, safe, sanitary and uncongested dwelling accommodations within the area served by the Authority and to provide an adequate standard of living.
      (4)   The Authority may rent or lease to a tenant a dwelling consisting of a number of rooms which is deemed necessary to provide safe and sanitary accommodations to the occupants without overcrowding.
      (5)   The Authority shall fix income limits for occupancy and rents after taking into consideration:
         (a)   The family size, composition, age, physical handicaps and other factors which might affect the rent-paying ability of the person; and
         (b)   The economic factors which affect the financial stability and solvency of the project.
      (6)   The Authority may accept as a tenant any displaced person or persons in need, regardless of income, but in no event shall such person or persons remain as a tenant or tenants of the Authority for more than a period of six months unless such persons also qualify as persons of low income, elderly or handicapped persons of low income.
      (7)   All persons of low income, elderly or handicapped persons of low income, or displaced persons in need, shall be entitled to the benefits of this article and the Authority may establish rules and regulations consistent with the purposes of this article concerning eligibility and occupancy of the housing project or other such shelter.
      (8)   Nothing herein shall prohibit the right of the Authority to inquire into the financial condition, family composition, medical, personal and employment history of any tenant or prospective tenant.
      (9)   The Authority shall prohibit subletting by tenants.
   (B)   The Authority may establish from time to time rules and regulations consistent with federal and state laws and regulations and the purposes of this article concerning the termination of tenancy. Any tenant so terminated shall be sent a written notice of termination setting out the reasons for such termination and any tenant served with a notice shall be given the opportunity to contest the termination in an appropriate hearing, except that tenants who have created or maintained a threat constituting a serious and clear danger to the health or safety of other tenants or Authority employees need not be given such a hearing by the Authority. Such notice may provide that if the tenant fails to pay his or her rent or comply with any covenant or condition of his or her lease, or the rules and regulations of such Authority, or cure a violation or default thereof, as the case may be, as specified in such notice, or follow the procedure for a hearing as set forth in the notice, all within the time or times set forth in such notice, the tenancy shall then be automatically terminated and no other notice or notices need be given of such termination or the intent to terminate the tenancy, and upon such termination, and without any notice other than as provided for in this section, the Authority may file suit against any tenant for recovery of possession of the premises and may recover the same as provided by law.
   (C)   The Authority may establish from time to time rules and regulations consistent with the purposes of this article concerning personal property of tenants and other persons located in projects of the Authority, and if such personal property is not removed from a dwelling unit at the time of the termination of the lease, at the time of vacation or abandonment of the dwelling unit, or at the time of the death of any tenant, then the Authority may remove the same and store such property at the tenant’s risk and expense. In the event that possession of such personal property is not taken by the tenant or other person authorized by law to take possession within 45 days after such termination, vacation or abandonment, and any storage removal charges remain unpaid, then the Authority may, at its option, dispose of the personal property in any manner which the Authority deems fit, except that any proceeds from the disposal of such personal property shall be paid to the General Fund of the body which created the Authority. No tenant or other person shall have any cause of action against the Authority for such removal or disposition of such personal property.
(Neb. RS 71-1536)  (Ord. 412, passed 8-24-1982)

§ 2-108 HOUSING AUTHORITY; REPORTS.

Bookmark§ 2-108  HOUSING AUTHORITY; REPORTS.
   The Housing Authority shall keep an accurate account of all its activities and of all its receipts and disbursements and shall make an annual report at the second regular meeting in January of each year to the governing body. Such report shall include all mortgages and other interests in real property held by the Housing Authority, including options to purchase and land sale contracts; a listing of all bond issues and their essential terms and obligations; and all other financial obligations of the Housing Authority over $50,000. Such reports shall be considered public records. If there has been no change from the last report in the status of any of the items reported pursuant to this section, the Housing Authority may file a statement to that effect in lieu of the report.
(Neb. RS 71-1552)  (Ord. 413, passed 8-24-1982)

§ 2-109 JOINT HOUSING AUTHORITY.

Bookmark§ 2-109  JOINT HOUSING AUTHORITY.
   (A)   Any two or more cities, villages or counties, or any combination thereof, may, by resolution of their separate governing bodies, determine that there is a need for a Joint Housing Authority to provide decent, safe and sanitary housing for persons of low income living in a multijurisdictional area, and that this need would be more efficiently served by the establishment of such Joint Housing Authority. Such Joint Housing Authority shall have perpetual existence; except that any city, village or county, as the case may be, may withdraw from participation in the Joint Housing Authority by resolution of its governing body only under the conditions set out in state law. The area of operation of such Joint Housing Authority would be an area equivalent to the total areas of operation which the housing authorities, if created separately by the cities, villages or counties establishing the Joint Authority would have. The creation of subsequent housing authorities shall not affect the area of operation or territorial jurisdiction of any existing housing authority. Whenever a Joint Housing Authority is created, it shall bear such name as the political subdivision or subdivisions creating it shall choose, and such name shall include the words Joint Housing Authority.
   (B)   (1)   When it is determined by resolution of the governing bodies of two or more cities, villages or counties, or any combination thereof, that it is expedient to create a Joint Housing Authority and to participate therein, the governing bodies shall appoint persons who shall be residents of the area of operations of the Authority and who shall constitute the Joint Housing Authority, and such persons shall be called Commissioners. The Commissioners shall be appointed as follows:
         (a)   When two political subdivisions constitute the participating members in such Joint Authority, each shall appoint two persons to act as Commissioners and such Commissioners shall elect a fifth person to act as a Commissioner;
         (b)   When three political subdivisions constitute the participating members in such Joint Authority, each shall appoint one person to act as a Commissioner and such Commissioners shall elect a fourth and fifth person to act as Commissioners;
         (c)   When four political subdivisions constitute the participating members in such Joint Authority, each shall appoint one person to act as Commissioner and such Commissioners shall elect a fifth person to act as a Commissioner; and
         (d)   When five or more political subdivisions constitute the participating members in the Joint Authority, each shall appoint one person to act as Commissioner.
      (2)   Each Commissioner shall serve a term of five years from the date of his or her appointment. All vacancies shall be filled for the unexpired term by the entity originally appointing such Commissioner. Tenancy in a project established by a Joint Housing Authority shall not preclude the appointment of any person to serve as a Commissioner of such Joint Housing Authority. After a Joint Housing Authority has been created, additional political subdivisions may elect to participate as members of such Joint Housing Authority after compliance with Neb. RS 71-1523, if the majority of existing Commissioners in such Joint Housing Authority and all participating political subdivisions by their respective governing bodies consent to such additional member. A Joint Housing Authority having 12 or more Commissioners may, by resolution, establish an Executive Committee of at least five but not more than seven Commissioners. The Committee shall have such powers over the management and operation of such Joint Housing Authority as the Commissioners of such Joint Housing Authority shall specify and shall declare in the resolution. No person shall serve as a Commissioner unless he or she resides within the area of operation of the Joint Housing Authority involved.
(Neb. RS 71-1520, 71-1522 through 71-1524)  (Ord. 414, passed 8-24-1982)

§ 2-110 HOUSING AUTHORITY; CONTINUED EXISTENCE AS HOUSING AGENCY.

Bookmark§ 2-110  HOUSING AUTHORITY; CONTINUED EXISTENCE AS HOUSING AGENCY.
   (A)   The local housing authority established under prior state law and in existence on January 1, 2000, shall have continued existence as a housing agency under the Nebraska Housing Agency Act.
   (B)   The local housing agency shall conduct its operations consistent with the Nebraska Housing Agency Act. All property, rights in land, buildings, records and equipment and any funds, money, revenue, receipts or assets of the authority belong to the agency as successor. All obligations, debts, commitments and liabilities of the authority are obligations, debts, commitments and liabilities of the successor agency.
   (C)   Any resolution by the authority and any action taken by the authority prior to January 1, 2000, with regard to any project or program which is to 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 existed prior to January 1, 2000, is a lawful resolution or action of the successor agency and binding upon the successor agency and enforceable by or against the agency notwithstanding that such resolution or action is inconsistent with, not authorized by, or prohibited under the provisions of the Nebraska Housing Agency Act.
   (D)   All Commissioners of the local housing agency and all officers, legal counsel, technical experts, directors and other appointees or employees of the agency 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.
(Neb RS 71-1576)  (Ord. 712, passed 10-9-2000)

§ 2-111 BALLPARK BOARD.

Bookmark§ 2-111  BALLPARK BOARD.
   The Ballpark Board shall consist of six regular members including one member of the City Council, who shall represent, insofar as is possible, the different professions or occupations in Franklin County School District No. 506 and who shall be appointed by the Mayor, by and with the approval of a majority vote of the members elected to the City Council. All six members shall be residents of Franklin County School District No. 506. The term of the members shall be shall be one year except that the term of the Board member who is also a Council member shall only extend as long as said Council member remains in office, whereupon a new Council member shall be appointed to the Board by the Mayor, by and with the approval of a majority vote of the members elected to the City Council. The Board shall serve without compensation and may be required, in the discretion of the governing body, to give a bond in a sum set by resolution of the governing body, and conditioned upon the faithful performance of their duties. At the time of the Board’s first meeting in March of each year, the Board shall organize by selecting from their number a Chairperson and Secretary. It shall be the duty of the City Clerk or Deputy Clerk to keep the full and correct minutes and records of all meetings and make them available for public inspection. A majority of the Board members shall constitute a quorum for the transaction of business. The Board shall meet at such times as the governing body may designate. Special meetings may be held upon the call of the Chairperson or any three members of the Board. The Ballpark Board shall have the authority to appoint all employees of the ballpark. It shall be the duty of the Board to have general charge of the ballpark and to establish appropriate rules and regulations for the management, operation and use of the same. The Board shall have supervisory authority over all employees of the ballpark. All actions of the Board shall be subject to the review and supervision of the governing body. The Board shall be responsible for making such reports and performing such additional duties as the governing body may designate from time to time. No member of the Ballpark Board shall serve in the capacity of both the Chairperson and Secretary of said Board.
(Ord. 875, passed 3-11-2013; Ord. 889, passed 12-9-2013)

§ 2-112 POOL BOARD.

Bookmark§ 2-112  POOL BOARD.
Editor’s note:
   This section was added by Ord. 875, passed 3-11-2013 then repealed by Ord. 888 passed 12-9-2013.

§ 2-113 COMMUNITY DEVELOPMENT AUTHORITY.

Bookmark§ 2-113  COMMUNITY DEVELOPMENT AUTHORITY.
   (A)   Creation. There is hereby created the Community Development Authority of the City of Franklin, Nebraska.
   (B)   Officers.  Five persons, all of whom shall be residents of the City of Franklin shall constitute the Authority, except that a resident of Franklin County who resides outside the city limits may be appointed upon a unanimous vote of the City Council. The five members shall be appointed by the Mayor, with the approval of the City Council.  The Mayor shall designate the term of office for each member, as provided in Neb. RS 18-2102.01. The Authority shall select one of its members as chairperson and another as vice-chairperson.  A total of four members of the Authority shall constitute a quorum for the transaction of business. The Authority shall adopt rules for the transaction of business and shall keep a record of its resolutions, transactions, findings and recommendations, which records shall be made available for public inspection during regular business hours.
   (C)   Director. The Authority shall have power to employ a Director who shall be Ex Officio Secretary of the Community Development Authority and that person shall perform such duties as may be assigned by the Authority, including the necessary administrative functions described in the statutes, under which the Authority has been created.
   (D)   Funds. All income, revenue, profits and other funds received by the Authority shall be deposited with the City Treasurer as Ex Officio Treasurer of such Authority without commingling such money with any other money under his/her control and disbursed by him/her by check or draft only upon warrants, orders of requisitions by the Chairperson of such Authority or other person authorized by such Authority, which shall state distinctly the purpose for which the same are drawn.  A permanent record shall be kept by the Authority of all warrants, orders or requisitions so drawn, showing the date, amount, consideration and to whom payable.
   (E)   Power, duties and responsibilities. The Authority shall be vested with all the powers, duties and responsibilities set forth in the Community Development Law, Neb. RS 18-2101 et seq.
(Ord. 918, passed 9-12-2017)

ARTICLE 2: PENAL PROVISION

BookmarkARTICLE 2:  PENAL PROVISION
Section
   2-201   Violation; penalty

§ 2-201 VIOLATION; PENALTY.

Bookmark§ 2-201  VIOLATION; PENALTY.
   (A)   Any person, or any person’s agent or servant, who violates any of the provisions of this chapter, unless otherwise specifically provided herein, shall be deemed guilty of an offense and upon conviction thereof shall be fined in any sum not exceeding $500. A new violation shall be deemed to have been committed every 24 hours of failure to comply with the provisions of this chapter.
   (B)   (1)   Whenever a nuisance exists as defined in this code of ordinances, the municipality may proceed by a suit in equity to enjoin, abate and remove the same in the manner provided by law.
      (2)   Whenever, in any action, it is established that a nuisance exists, the court may, together with the fine or penalty imposed, enter an order of abatement as a part of the judgment in the case.
(Neb. RS 17-505, 18-1720, 18-1722)  (Ord. 710, passed 10-9-2000)

CHAPTER 3: DEPARTMENTS

BookmarkCHAPTER 3:  DEPARTMENTS
   Article
      1.   WATER DEPARTMENT
      2.   SEWER DEPARTMENT
      3.   POLICE DEPARTMENT
      4.   PARKS
      5.   LIBRARY
      6.   CEMETERY
      7.   MUNICIPAL ELECTRICAL SYSTEM
      8.   COGENERATION
      9.   UTILITIES GENERALLY
      10.   PENAL PROVISION

ARTICLE 1: WATER DEPARTMENT

BookmarkARTICLE 1:  WATER DEPARTMENT
Section
   3-101   Municipal Water Department; operation and funding
   3-102   Municipal Water Department; definitions
   3-103   Municipal Water Department; consumer’s application
   3-104   Municipal Water Department; water contract
   3-105   Municipal Water Department; installation procedure
   3-106   Municipal Water Department; installation expense
   3-107   Municipal Water Department; repairs
   3-108   Municipal Water Department; water bills
   3-109   Municipal Water Department; lien
   3-110   Municipal Water Department; single premises
   3-111   Municipal Water Department; restricted use
   3-112   Municipal Water Department; fire hydrants
   3-113   Municipal Water Department; pollution
   3-114   Municipal Water Department; mandatory hook-up
   3-115   Municipal Water Department; water service contracts
   3-116   Municipal Water Department; inspection
   3-117   Municipal Water Department; extension mains
   3-118   Municipal Water Department; complaints
   3-119   Municipal Water Department; fees and collections
   3-120   Municipal Water Department; fluoride
   3-121   Municipal Water Department; rates
   3-122   Municipal Water Department; cross connections and backflow prevention
   3-123   Municipal Water Department; sprinkler systems; permits
   3-124   Municipal Water Department; establishment of wellhead protection area
   3-125   Drilling and operation of wells and installation of certain other facilities and activities; spacing requirements
   3-126   Geothermal wells; requirements
   3-127   Adoption of drought emergency contingency plan
   3-128   Violations; penalties

§ 3-101 MUNICIPAL WATER DEPARTMENT; OPERATION AND FUNDING.

Bookmark§ 3-101  MUNICIPAL WATER DEPARTMENT; OPERATION AND FUNDING.
   The municipality owns and operates the Municipal Water Department through the Utilities Superintendent. The governing body, for the purpose of defraying the cost of the care, management and maintenance of the Municipal Water Department may 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 corporate limits that is subject to taxation. The revenue from the said tax shall be known as the Water Fund, and shall remain in the custody of the Municipal Treasurer. The Utilities Superintendent shall have the direct management and control of the Municipal Water Department, and shall faithfully carry out the duties of his or her office. The Utilities Superintendent shall have the authority to adopt rules and regulations for the sanitary and efficient management of the Water Department subject to the supervision and review of the governing body. The governing body shall set the rates to be charged for services rendered by ordinance and shall file a copy of the rates in the office of the Municipal Clerk for public inspection at any reasonable time.
(Neb. RS 17-531, 17-534, 19-1305)

§ 3-102 MUNICIPAL WATER DEPARTMENT; DEFINITIONS.

Bookmark§ 3-102  MUNICIPAL WATER DEPARTMENT; DEFINITIONS.
   The following definitions shall be applied throughout this chapter. Where no definition is specified, the normal dictionary usage of the word shall apply.
   MAIN. Any pipe other than a supply or service pipe that is used for the purpose of carrying water to, and disbursing the same in the municipality.
   SEPARATE PREMISES. More than one consumer procuring water from the same service or supply pipe. The second premises may be a separate dwelling, apartment, building or structure used for a separate business.
   SERVICE PIPE. Any pipe extending from the shut-off, stop box or curb cock at or near the lot line to and beyond the property line of the consumer to the location on the premises where the water is to be disbursed.
   SUPPLY PIPE. Any pipe tapped into a main and extending from there to a point at or near the lot line of the consumer’s premises where the shut-off, stop box or curb cock is located.

§ 3-103 MUNICIPAL WATER DEPARTMENT; CONSUMER’S APPLICATION.

Bookmark§ 3-103  MUNICIPAL WATER DEPARTMENT; CONSUMER’S APPLICATION.
   Every person or persons desiring a supply of water must make application therefor to the Municipal Clerk. The Municipal Clerk may require any rental applicant to make a service deposit in such amount as he or she deems necessary, subject to the review of the governing body. Water may not be supplied to any house or private service pipe except upon the written order of the Utilities Superintendent. The Department shall not supply to any person outside the corporate limits water service without special permission from the governing body; provided, the entire cost of laying mains, service pipe and supply pipe shall be paid by the consumer. Nothing herein shall be construed to obligate the municipality to provide water service to nonresidents.
(Neb. RS 17-537, 19-2701)

§ 3-104 MUNICIPAL WATER DEPARTMENT; WATER CONTRACT.

Bookmark§ 3-104  MUNICIPAL WATER DEPARTMENT; WATER CONTRACT.
   The municipality through its Water Department, shall furnish water to persons within its corporate limits whose premises abut a street or alley in which a commercial main now is or may hereafter be laid. The municipality may furnish water to persons within its corporate limits whose premises do not abut a street or alley in which a municipal commercial main is now or may hereafter be laid and may also furnish water to persons whose premises are situated outside the corporate limits of the municipality, as and when, according to law, the governing body may see fit to do so. The rules, regulations and water rates hereinafter named in this article, shall be considered a part of every application hereafter made for water service and shall be considered a part of the contract between every consumer now or hereafter served. Without further formality, the making of application on the part of any applicant or the use or consumption of water service by present consumers thereof and the furnishing of water service to said consumer shall constitute a contract between the consumer and the municipality, to which said contract both parties are bound. If the consumer shall violate any of the provisions of said contract or any reasonable rules and regulations that the governing body may hereafter adopt, the Utilities Superintendent or his or her agent, may cut off or disconnect the water service from the building or premises or place of such violation. No further connection for water service to said building, premises or place shall again be made except by order of said Superintendent or his or her agent.

§ 3-105 MUNICIPAL WATER DEPARTMENT; INSTALLATION PROCEDURE.

Bookmark§ 3-105  MUNICIPAL WATER DEPARTMENT; INSTALLATION PROCEDURE.
   In making excavations in streets, alleys or sidewalks for the purpose of installing pipe, or making repairs, the paving, stones and earth must be removed and deposited in a manner that will occasion the least inconvenience to the public and provide for adequate drainage. No person shall leave an excavation made in the street, alley or sidewalk open at any time without a barricade, and during the night, warning lights. After service pipes are laid, the streets, alleys and sidewalks shall be restored to good condition. If the excavation in any street, alley or sidewalk is left open or unfinished for a period of 24 hours or more, the Utilities Superintendent shall have the duty to finish or correct the work, and all expenses so incurred shall be charged to the consumer. All installations or repairs of pipes require two inspections by the Utilities Superintendent. The first inspection shall be made when connections or repairs are completed and before the pipes are covered. The second inspection shall be made after the dirt work is completed and the service is restored. It is the customer’s responsibility to notify the Superintendent at the time the work is ready for each inspection. All installation shall be done under the supervision and strictly in accordance with the rules, regulations and specifications prescribed for such installation by the Utilities Superintendent; provided that the said rules, regulations and specifications have been reviewed and approved by the governing body.
(Neb. RS 17-537)

§ 3-106 MUNICIPAL WATER DEPARTMENT; INSTALLATION EXPENSE.

Bookmark§ 3-106  MUNICIPAL WATER DEPARTMENT; INSTALLATION EXPENSE.
   (A)   The municipality shall charge a tap fee of $200 plus the cost of parts to compensate the municipality for tapping the water main and installing the meter. The municipality will furnish the labor to connect the service line to the water main and will run the service line to the edge of the street right-of-way or utility easement where the water main is located for the fee stated above. In addition to charging for the cost of parts for tapping the water main and installing the meter, the municipality will sell to the customer, at cost, all pipe and other appurtenances needed to supply to the customer water service. The customer shall pay all other costs of installation.
   (B)   Each water meter within the city shall be equipped with an electronic display device attached to the meter with the head or dial being located on the exterior of the building to allow reading of the meter without entry to the building. Such device shall be initially installed at the expense of the property owner and thereafter the device shall be considered part of the water meter and shall be maintained or replaced under the provisions providing for replacement or maintenance of meters as provided in § 3-107 of this chapter.
(Neb. RS 17-542)  (Ord. 558, passed 5-13-1991; Ord. 723, passed 4-9-2001; Ord. 868, passed 11-12-2012)

§ 3-107 MUNICIPAL WATER DEPARTMENT; REPAIRS.

Bookmark§ 3-107  MUNICIPAL WATER DEPARTMENT; REPAIRS.
   (A)   Repairs to the service pipe from the curb stop to the point of use shall be made by and at the expense of the customer. If the Utilities Superintendent shall discover that a service pipe is leaking and in need of repair, he or she shall immediately notify the customer and direct him or her to make the necessary repairs within such time as shall be directed by the Utilities Superintendent. If the customer shall fail or refuse to make such repairs within the time allowed, the Municipal Water Department may make such repairs and charge the cost of the same to the customer on his or her next water bill, or if the Utilities Superintendent deems it necessary, the Department may, after due notice to the customer, suspend service until necessary repairs can be made.
   (B)   All other repairs to the property of the Water Department, including the meter, shall be made by the municipality.
   (C)   All water meters shall be kept in repair by the municipality at the expense of the municipality. When meters are worn out, they shall be replaced and reset by the municipality at the expense of the municipality; provided, that if the customer permits or allows a water meter to be damaged, injured or destroyed through his or her own recklessness, carelessness or neglect so that the meter must be repaired or replaced, the Utilities Superintendent shall bill and collect from the customer the cost of such meter repair or replacement in the same manner as water rent is collected. Permitting a water meter to be damaged or destroyed by freezing shall always be considered negligence on the part of the customer.
   (D)   All meters shall be tested at the customer’s request at the expense of the customer any reasonable number of times; provided, that if the test shows the water meter to be running 2% or more fast, the expense of such test shall be borne by the municipality. The municipality reserves the right to test any water service meter at any time, and if said meter is found to be beyond repair the municipality shall always have the right to place a new meter on the customer’s water service fixtures at municipal expense. Should a customer’s meter fail to register properly, the customer shall be charged for water during the time the meter is out of repair on the basis of the monthly consumption during the same month of the preceding year; provided, that if no such basis for comparison exists, the customer shall be charged such amount as may be reasonably fixed by the Utilities Superintendent.
(Neb. RS 17-537)  (Ord. 810, passed 5-14-2007)

§ 3-108 MUNICIPAL WATER DEPARTMENT; WATER BILLS.

Bookmark§ 3-108  MUNICIPAL WATER DEPARTMENT; WATER BILLS.
Editor's Note:
   For provisions on discontinuance of service and notice procedure, see § 3-901
   For provisions on utilities generally, see Chapter 3, Article 9

§ 3-109 MUNICIPAL WATER DEPARTMENT; LIEN.

Bookmark§ 3-109  MUNICIPAL WATER DEPARTMENT; LIEN.
   In addition to all other remedies, if a customer shall for any reason remain indebted to the municipality for water service furnished, such amount due, together with any rents and charges in arrears, shall be considered a delinquent water rent which is hereby declared to be a lien upon the real estate for which the same was used. The Municipal Clerk shall notify in writing or cause to be notified in writing, all owners of premises or their agents whenever their tenants or lessees are 60 days or more delinquent in the payment of water rent. It shall be the duty of the Municipal Clerk on the first day of June of each year to report to the governing body a list of all unpaid accounts due for water together with a description of the premises upon which the same was used. The report shall be examined, and if approved by the governing body, shall be certified by the Municipal Clerk to the County Clerk to be collected as a special tax in the manner provided by law.
(Neb. RS 17-538)

§ 3-110 MUNICIPAL WATER DEPARTMENT; SINGLE PREMISES.

Bookmark§ 3-110  MUNICIPAL WATER DEPARTMENT; SINGLE PREMISES.
   No consumer shall supply water to other families, or allow them to take water from his or her premises, nor after water is supplied into a building shall any person make or employ a plumber or other person to make a tap or connection with the pipe upon the premises for alteration, extension or attachment without the written permission of the Utilities Superintendent. It shall further be unlawful for any person to tamper with any water meter or by means of any contrivance or device to divert the water from the service pipe so that the water will not pass through the meter or while passing through said meter to cause the meter to register inaccurately.
(Neb. RS 17-537)

§ 3-111 MUNICIPAL WATER DEPARTMENT; RESTRICTED USE.

Bookmark§ 3-111  MUNICIPAL WATER DEPARTMENT; RESTRICTED USE.
   The governing body or the Utilities Superintendent may order a reduction in the use of water or shut off the water on any premises in the event of a water shortage due to fire or other good and sufficient cause. The municipality shall not be liable for any damages caused by shutting off the supply of water of any consumer while the system or any part thereof is undergoing repairs or when there is a shortage of water due to circumstances over which the municipality has no control.
(Neb. RS 17-537)

§ 3-112 MUNICIPAL WATER DEPARTMENT; FIRE HYDRANTS.

Bookmark§ 3-112  MUNICIPAL WATER DEPARTMENT; FIRE HYDRANTS.
   All hydrants for the purpose of extinguishing fires are hereby declared to be public hydrants, and it shall be unlawful for any person other than members of the Municipal Fire Department under the orders of the Fire Chief, or the Assistant Fire Chief; or members of the Water Department to open or attempt to open any of the hydrants and draw water from the same, or in any manner to interfere with the hydrants.

§ 3-113 MUNICIPAL WATER DEPARTMENT; POLLUTION.

Bookmark§ 3-113  MUNICIPAL WATER DEPARTMENT; POLLUTION.
   It shall be unlawful for any person to pollute or attempt to pollute any stream or source of water for the supply of the Municipal Water Department.
(Neb. RS 17-536)

§ 3-114 MUNICIPAL WATER DEPARTMENT; MANDATORY HOOK-UP.

Bookmark§ 3-114  MUNICIPAL WATER DEPARTMENT; MANDATORY HOOK-UP.
   All persons within 300 feet of a water main shall be required, upon notice by the governing body, to hook-up with the municipal water system.
(Neb. RS 17-539)

§ 3-115 MUNICIPAL WATER DEPARTMENT; WATER SERVICE CONTRACTS.

Bookmark§ 3-115  MUNICIPAL WATER DEPARTMENT; WATER SERVICE CONTRACTS.
   Contracts for water service are not transferable. Any person wishing to change from one location to another shall make a new application and sign a new contract. If any consumer shall move from the premises where service is furnished, or if the said premises is destroyed by fire or other casualty, he or she shall at once inform the Utilities Superintendent who shall cause the water service to be shut off at the said premises. If the consumer should fail to give such notice, he or she shall be charged for all water used on the said premises until the Utilities Superintendent is otherwise advised of such circumstances.
(Neb. RS 17-537)

§ 3-116 MUNICIPAL WATER DEPARTMENT; INSPECTION.

Bookmark§ 3-116  MUNICIPAL WATER DEPARTMENT; INSPECTION.
   The Utilities Superintendent, or his or her duly authorized agents, shall have free access, at any reasonable time, to all parts of each premises and building to, or in which, water is delivered for the purpose of examining the pipes, fixtures and other portions of the system to ascertain whether there is any disrepair or unnecessary waste of water.
(Neb. RS 17-537)

§ 3-117 MUNICIPAL WATER DEPARTMENT; EXTENSION MAINS.

Bookmark§ 3-117  MUNICIPAL WATER DEPARTMENT; EXTENSION MAINS.
   The extension of commercial mains into unsupplied territory within the corporate limits, may be made by means of water extension districts. If the creation of a Water Extension District is not feasible or practical, such applicant shall be supplied with water service on such basis as the governing body shall determine. If, in the sound discretion of the governing body it is neither feasible or practical to create a Water Extension District, applicants may upon resolution duly passed by the governing body be permitted and allowed to connect with the nearest commercial main. Such applicant may, under the supervision of the Utilities Superintendent, install a water main in the unsupplied territory, using the streets and alleys of the municipality, and shall pay for water service furnished at the same rate as other customers for similar service; provided, pursuant to such resolution permitting and allowing such residents to connect with the municipal mains, the same shall be built and constructed under such terms, specifications and conditions as may be agreed upon by written contract, executed by and between such owners and the municipality. Among other things, such contract shall provide that the municipality shall repay such owners or applicants the expense of constructing such water main in water service supplied to such owners or applicant, but in no event exceeding the necessary, original cost of construction of said mains. When the municipality shall have entered into said contract and the water is supplied to such applicants, it shall be the duty of the Municipal Clerk to keep, or cause to be kept, a separate account of all water rents collected from such owners or applicants and the same shall be deposited and kept as a separate fund for each such owner or applicant and shall only be drawn upon, from time to time, by claims filed to reimburse such owners or applicants for moneys expended by them in constructing such water extension mains. Whenever rentals for water supplied under such contracts shall be collected in a sum equal to the amount expended by such private individuals, the mains so extended shall become the property of the Municipal Water Department.

§ 3-118 MUNICIPAL WATER DEPARTMENT; COMPLAINTS.

Bookmark§ 3-118  MUNICIPAL WATER DEPARTMENT; COMPLAINTS.
Editor’s note:
   This section was repealed by Ord. 363, passed 9-10-1979.

§ 3-119 MUNICIPAL WATER DEPARTMENT; FEES AND COLLECTIONS.

Bookmark§ 3-119  MUNICIPAL WATER DEPARTMENT; FEES AND COLLECTIONS.
   (A)   The governing body has the power and authority to fix the rates to be paid by the water consumers for the use of water from the Water Department. All such fees shall be on file for public inspection at the office of the Municipal Clerk.
   (B)   No flat rates for water service shall be quoted or allowed by the governing body. No water service shall be furnished to any customer at a rate that is different from other customers of the same class or type. Persons, firms or corporations desiring to use water temporarily shall pay such rates as the Utilities Superintendent, with the approval of the governing body, shall set.
   (C)   Without respect to schedule of rates for other customers, the governing body may enter into special contracts with large consumers of water, but never at a rate less than the cost of production; provided, that the contract shall always provide that the said large consumer shall be made on the basis of water consumed in excess of said minimum.
   (D)   A meter shall always be attached to the water service of each consumer, including contract consumers, and read as provided in § 3-108. All water meters shall be equipped with a remote-reading device which will permit the reading of the meter at a location on the outside of the building or structure where the water meter is located; provided, that the Utilities Superintendent may waive the use of remote-reading devices in individual instances.
   (E)   Water service furnished to the other departments of the municipality and to other governmental subdivisions of the State of Nebraska shall be measured and billed for at such rates as the governing body shall set from time to time without respect to the schedule of rates on file at the office of the Municipal Clerk, but never at rates that do not cover the cost of providing water.
   (F)   Whenever water service is supplied to more than one customer through the same supply pipe, each customer shall pay the minimum water service charge each month. In the event that two or more customers are supplied through the same meter, the owner of the premises where the meter is located shall pay for all water consumed thereon plus separate minimums. One bill only shall be computed for each meter.
(Neb. RS 17-540)  (Ord. 545, passed 12-11-1989)

§ 3-120 MUNICIPAL WATER DEPARTMENT; FLUORIDE.

Bookmark§ 3-120  MUNICIPAL WATER DEPARTMENT; FLUORIDE.
   Fluoride shall not be added to the municipal water supply of the City of Franklin, Franklin County, Nebraska.
(Ord. 298, passed 6-10-1974)
Editor’s note:
   This section reflects the results of a special election held 5-14-1974.

§ 3-121 MUNICIPAL WATER DEPARTMENT; RATES.

Bookmark§ 3-121  MUNICIPAL WATER DEPARTMENT; RATES.
   (A)   The rates for all customers (industrial, commercial, churches and domestic) users of water from the municipal water supply shall be $15 per month plus $1.10 for each 1,000 gallons of water used.
   (B)   The customer charge of $15 per month shall be assessed for each water meter held by each customer of the municipal water distribution system.
   (C)   The rates for all industrial, commercial, churches and domestic users of water from the municipal water supply obtained from the power plant shall be $5 for the first 500 gallons of water used plus $1 for each 100 gallons of water used thereafter.
   (D)   The rates for all industrial, commercial, churches and domestic users of water from the municipal water supply obtained from fire hydrants shall be $5 for the first 500 gallons of water used plus $1 for each 100 gallons of water used thereafter.
   (E)   Bills for use of water from the municipal water system shall be rendered and collected as provided in § 3-108 of the municipal code of the city.
   (F)   When water service to any meter has been disconnected for any reason, the customer shall pay a reconnection fee of $25 for restoration of service.
   (G)   The Municipal Clerk shall begin collection of the rates herein provided effective with the October 15, 2014 billing.
(Ord. 433, passed 6-14-1983; Ord. 593, passed 8-8-1994; Ord. 816, passed 10-8-2007; Ord. 826, passed 11-9-2009; Ord. 831, passed 12-22-2009; Ord. 851, passed 5-9-2011; Ord. 871, passed 12-12-2012; Ord. 896, passed 9-8-2014)

§ 3-122 MUNICIPAL WATER DEPARTMENT; CROSS CONNECTIONS AND BACKFLOW PREVENTION.

Bookmark§ 3-122  MUNICIPAL WATER DEPARTMENT; CROSS CONNECTIONS AND BACKFLOW PREVENTION.
   (A)   Purpose. The purpose of this section is:
      (1)   To protect the public potable water supply of the city water system from contamination or pollution by containing within the consumer’s internal distribution system or private water system contaminants or pollutants which could backflow through the service connection into the public potable water supply system;
      (2)   To promote the elimination, containment, isolation or control of existing cross connections, actual or potential, between the public or consumer’s potable water systems and nonpotable water systems, plumbing fixtures and industrial-process systems; and
      (3)   To provide for the maintenance of a continuing program of cross connection control which will systematically and effectively prevent the contamination or pollution of all potable water systems.
   (B)   Application. This section shall apply to all premises served by the public potable water system of the city.
   (C)   Policy.
      (1)   This section will be reasonably interpreted by the City Health Board. It is the Board of Health’s intent to recognize the varying degrees of hazard and to apply the principle that the degree of protection shall be commensurate with the degree of hazard.
      (2)   The Board of Health shall have primary responsibility for protection of the public potable water distribution system from contamination or pollution due to backflow or contaminants or pollutants through the water service connection. The cooperation of all consumers is required to implement and maintain the program to control cross connections. The Board of Health and consumer are jointly responsible for preventing contamination of the water system within the consumer’s premises.
   (D)   Definitions. The following definitions shall apply in the interpretation and enforcement of this section.
      AIR GAP SEPARATION. The unobstructed vertical distance through the free atmosphere between the lowest opening from any pipe or faucet supplying water to a tank, plumbing fixture or other device and the overflow level rim of the receptacle, and shall be at least double the diameter of the supply pipe measured vertically above the flood level rim of the vessel, but in no case less than one inch.
      AUXILIARY WATER SUPPLY. Any water source or system, other than the public water supply, that may be available in the building or premises.
      BACKFLOW. The flow other than the intended direction of flow, of any foreign liquids, gases or substances into the distribution system of a public water supply.
      BACKFLOW PREVENTION DEVICE. Any device, method or type of construction intended to prevent backflow into a potable water system provided backflow preventers have been tested and approved by a reputable testing laboratory.
      BOARD OF HEALTH. The Board appointed as provided in § 2-204 of the municipal code.
      CONSUMER. The owner or person in control of any premises supplied by or in any manner connected to a public water system.
      CONTAINMENT. Protection of the public water supply by installing a cross connection control device or air gap separation on the main service line to a facility, or as an installation within equipment handling potentially hazardous materials.
      CONTAMINATION. An impairment of the quality of the water by sewage, process fluids or other wastes to a degree which could create an actual hazard to the public health through poisoning or through spread of disease by exposure.
      CROSS CONNECTION. Any physical link, between a potable water supply and any other substance, fluid or source, which makes possible contamination of the potable water supply due to the reversal of flow of the water in the piping or distribution system.
      HAZARD, DEGREE OF. An evaluation of the potential risk to public health and the adverse effect of the hazard upon the potable water system.
         a.   HAZARD-HEALTH. Any condition, device or practice in the water supply system and its operation which could create or may create a danger to the health and well-being of the water consumer.
         b.   HAZARD-PLUMBING. A plumbing type cross connection in a consumer’s potable water system that has not been properly protected by a vacuum breaker, air-gap separation or backflow prevention device.
         c.   HAZARD-POLLUTIONAL. An actual or potential threat to the physical properties of the water system or to the potability of the public or the consumer’s potable water system but which would constitute a nuisance or be aesthetically objectionable or could cause damage to the system or its appurtenances, but would not be dangerous to health.
         d.   HAZARD-SYSTEM. An actual or potential threat of severe damage to the physical properties of the public potable water system or the consumer’s potable water system, or of a pollution or contamination which would have a protracted effect on the quality of the potable water in the system.
      INDUSTRIAL PROCESS SYSTEM. Any system containing a fluid or solution which may be chemically, biologically or otherwise contaminated or polluted in a form or concentration such as would constitute a health, system, pollutional or plumbing hazard if introduced into a potable water supply.
      ISOLATION. Protection of a facility service line by installing a cross connection control device or air gap separation on an individual fixture, appurtenance or system.
      POLLUTION. The presence of any foreign substance (organic, inorganic or biological) in water which tends to degrade its quality so as to constitute a hazard or impair the usefulness of the water to a degree which does not create an actual hazard to the public health, but which does adversely and unreasonably affect such waters for domestic use.
      PUBLIC POTABLE WATER SYSTEM. Any publicly- or privately-owned water system supplying water to the general public which is satisfactory for drinking, culinary and domestic purposes and meets the requirements of the Nebraska Department of Health.
      SERVICE CONNECTION. The terminal end of a service line from the public water system. If a meter is installed at the end of the service, then the service connection means the downstream end of the meter.
   (D)   Cross connection; prohibited.
      (1)   No water service connection shall be installed or maintained to any premises where actual or potential cross connections to the public potable or consumer’s water system may exist, unless such actual or potential cross connections are abated or controlled to the satisfaction of the Board of Health, and as required by laws and regulations of the Nebraska Department of Health.
      (2)   No connection shall be installed or maintained whereby an auxiliary water supply may enter a public potable or consumer’s water system, unless such auxiliary water supply and the method of connection and use of such supply shall have been approved by the Board of Health and the Nebraska Department of Health.
      (3)   No water service connection shall be installed or maintained to any premises in which the plumbing system, facilities and fixtures have not been constructed and installed using acceptable plumbing practices considered by the Municipal Water Department as necessary for the protection of health and safety.
   (E)   Survey and investigations.
      (1)   The consumer’s premises shall be open at all reasonable times to the Board of Health, or its authorized representative, for the conduction of surveys and investigations of water use practices within the consumer’s premises to determine whether there are actual or potential cross connections to the consumer’s water system through which contaminants or pollutants could backflow into the public potable water system.
      (2)   On request by the Board of Health or its authorized representative, the consumer shall furnish information on water use practices within his or her premises.
      (3)   It shall be the responsibility of the water consumer to conduct periodic surveys of water use practices on his or her premises to determine whether there are actual or potential cross connections to his or her water system through which contaminants or pollutants could backflow into his or her or the public’s potable water system.
      (4)   The Board of Health may delegate to the Utility Superintendent the authority to make inspections of cross connections to the municipal water supply.
   (F)   Type of protection required. The type of protection required by this section shall depend on the degree of hazard which exists, as follows.
      (1)   An approved air gap separation shall be installed where the public potable water system may be contaminated with substances that could cause a severe health hazard.
      (2)   An approved air gap separation or an approved reduced pressure principal backflow prevention device shall be installed where the public potable water system may be contaminated with a substance that could cause a health hazard.
      (3)   An approved air gap separation or an approved reduced pressure principal backflow prevention device or an approved double check valve assembly shall be installed where the public potable water system may be polluted with substances that cause a pollutional hazard not dangerous to health.
      (4)   An approved check valve device shall be installed on outdoor hydrants or water valves which are used for delivery of water to lawns, gardens or other outdoor applications.
   (G)   Where protection required.
      (1)   An approved backflow prevention device shall be installed on each service line to a consumer’s water system serving premises, where in the judgment of the Board of Health or the Nebraska Department of Health, actual or potential hazards to the public potable water system exist. The type and degree of protection required shall be commensurate with the degree of hazard.
      (2)   An approved air gap separation or reduced pressure principal backflow prevention device shall be installed at the service connection or within any premises where, in the judgment of the Board of Health or the Nebraska Department of Health, the nature and extent of activities on the premises, or the materials used in connection with the activities or materials stored on the premises, would present an immediate and dangerous hazard to health should a cross connection occur, even though such cross connection may not exist at the time the backflow prevention device is required to be installed. This includes, but is not limited to, the following situations:
         (a)   Premises having an auxiliary water supply, unless the quality of the auxiliary supply is acceptable to the Board of Health and the Nebraska Department of Health;
         (b)   Premises having internal cross connections that are not correctable, or intricate plumbing arrangements which make it impractical to ascertain whether or not cross connections exist;
         (c)   Premises where entry is restricted so that inspections for cross connections cannot be made with sufficient frequency or at sufficiently short notice to assure the cross connections do not exist;
         (d)   Premises that although not covered by code are subject to frequent modification which would change their status, or premises that have had backflow code violations;
         (e)   Premises on which any substance is handled under pressure so as to permit entry into the public water supply, or where a cross connection could reasonably be expected to occur. This shall include the handling of process waters and cooling waters; and
         (f)   Premises where materials of a toxic or hazardous nature are handled such that if backsiphonage or backpressure should occur, a serious health hazard may occur.
      (3)   The following types of facilities are instances in which an approved air gap separation or reduced pressure principal backflow prevention device is required by the Board of Health and the Nebraska Department of Health to protect the public water supply unless all hazardous or potentially hazardous conditions have been eliminated or corrected by other methods to the satisfaction of the Board of Health and the Nebraska Department of Health:
         (a)   Auxiliary water systems;
         (b)   Beverage bottling plants;
         (c)   Canneries, packing houses and reduction plants;
         (d)   Car washing facilities;
         (e)   Chemical manufacturing, processing, compounding or treatment plants;
         (f)   Chemically contaminated water systems;
         (g)   Dairies and cold storage plants;
         (h)   Film laboratories;
         (i)   Fire protection systems;
         (j)   Hazardous waste storage and disposal;
         (k)   Hospital, mortuaries, clinics;
         (l)   Irrigation and sprinkler systems;
         (m)   Laundries and dye works;
         (n)   Metal manufacturing, cleaning, processing and fabricating plants;
         (o)   Oil and gas production, storage or transmission properties;
         (p)   Plating plants;
         (q)   Printing and publishing facilities;
         (r)   Research and analytical laboratories;
         (s)   Rubber plants - natural and synthetic;
         (t)   Sewage and storm drainage facilities pumping stations;
         (u)   Zoological and horticultural gardens;
         (v)   All free discharge points on customer property that accommodates a hose connection;
         (w)   Pet grooming and veterinarian hospitals;
         (x)   Class A, B and C swimming pools; and
         (y)   Cooling coil service lines (refrigeration, air conditioning and the like).
      (4)   All outdoor hydrants or valves which are used for delivery of water to lawns, gardens or other outdoor applications shall be equipped with an approved check valve designed to prevent the backflow of water from a hose or other device used to deliver water from the hydrant or valve to the point of use. Such check valve shall be kept in use at all times when the hydrant or valve is used for the delivery of water.
   (H)   Backflow prevention devices.
      (1)   Any backflow prevention device required by this section shall be a model or construction approved by the Board of Health and the Nebraska Department of Health.
         (a)   Air gap separation to be approved shall be at least four inches above the top rim of the vessel.
         (b)   A double check valve assembly or a reduced pressure principal backflow prevention device shall be approved by the Board of Health and shall appear on the current “List of Approved Backflow Prevention Devices” established by the City Water Department.
      (2)   Existing backflow prevention devices approved by the water purveyor at the time of installation and properly maintained shall, except for inspection and maintenance requirements, be excluded from the requirements of this section, so long as the Board of Health is assured that they will satisfactorily protect the water system. Whenever the existing device is moved from its present location, or requires more than minimum maintenance, or when the Board of Health finds that the maintenance constitutes a hazard to health, the unit shall be replaced by a backflow prevention device meeting the requirements of this section.
   (I)   Installation.
      (1)   Backflow prevention devices required by this section shall be installed at a location and in a manner approved by the Board of Health and shall be installed at the expense of the water consumer.
      (2)   Backflow prevention devices installed on the service line to the consumer’s water system shall be located on the consumer’s side of the water meter, as close to the meter as is reasonably practical, and prior to any other connection.
      (3)   Backflow prevention devices shall be located so as to be readily accessible for maintenance and testing, protected from freezing, and where no part of the device will be submerged or subject to flooding by any fluid.
      (4)   Backflow prevention devices for underground sprinklers shall be located at least six inches above the highest sprinkler head in the system.
   (J)   Inspection and maintenance.
      (1)   It shall be the duty of the consumer at any premises on which backflow prevention devices required by this section are installed to have inspections, tests and overhauls made in accordance with the following schedule or more often where inspections indicate a need.
         (a)   Air gap separations shall be inspected at the time of installation and at least every 12 months thereafter.
         (b)   Double check valve assemblies shall be inspected and tested for tightness at the time of installation and at least every 12 months thereafter. They shall be dismantled, inspected internally, cleaned and repaired whenever needed and at least every three years.
         (c)   Reduced pressure principal backflow prevention devices shall be inspected and tested for tightness at the time of installation and at least every 12 months thereafter. They shall be dismantled, inspected internally, cleaned and repaired whenever needed and at least every five years.
      (2)   Overhauls of backflow prevention devices shall be made at the expense of the water consumer and shall be performed by the Board of Health, his or her representative or a State of Nebraska certified backflow prevention device tester.
      (3)   Inspections and tests each year will be at the expense of the Board of Health.
      (4)   Whenever backflow prevention devices required by this section are found to be defective, they shall be repaired or replaced at the expense of the consumer without delay.
      (5)   The water consumer must maintain a complete record of each backflow prevention device from purchase to retirement. This shall include a comprehensive listing that includes a record of all tests, inspections and repairs. Records of inspections, tests, repairs and overhauls shall be made available to the Board of Health upon request.
      (6)   Backflow prevention devices shall not be bypassed, made inoperative, removed or otherwise made ineffective without specific authorization by the Board of Health.
      (7)   All plumbing to be in accordance with the Uniform Plumbing Code.
      (8)   All underground sprinkler systems must first obtain a permit for installations from the Code Enforcement Department before installing system.
   (K)   Violations.
      (1)   The Board of Health or its designated representative shall deny or discontinue, after 30 days’ notice to the occupants thereof, the water service to any premises wherein any backflow prevention device required by this section is not installed, tested and maintained in a manner acceptable to the Board of Health, or it is found that the backflow prevention device has been removed or bypassed or if an unprotected cross connection exists on the premises.
      (2)   Water service to such premises shall not be restored until the consumer has corrected or eliminated such conditions or defects in conformance with this section to the satisfaction of the Board of Health.
      (3)   The City Health Department shall be advised of inspection findings, and the violation abatement action pursued by the Board of Health or its representative, and consulted prior to violation abatement action on items having to do with public health significance.
(Ord. 507, passed 8-17-1987; Ord. 572, passed 4-13-1992)

§ 3-123 MUNICIPAL WATER DEPARTMENT; SPRINKLER SYSTEMS; PERMITS.

Bookmark§ 3-123  MUNICIPAL WATER DEPARTMENT; SPRINKLER SYSTEMS; PERMITS.
   (A)   Permit required.  No sprinkler system shall be installed in the city limits until a permit for same has been issued by the Code Enforcement Officer, or unless it is exempt from a permit in accordance with these regulations.
   (B)   Fees. A fee of $10 per sprinkler system installed shall be paid in accordance with the governing body and hereto attached.
(Ord. 507, passed 8-17-1987)

§ 3-124 MUNICIPAL WATER DEPARTMENT; ESTABLISHMENT OF WELLHEAD PROTECTION AREA.

Bookmark§ 3-124  MUNICIPAL WATER DEPARTMENT; ESTABLISHMENT OF WELLHEAD PROTECTION AREA.
   (A)   Definition. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
      WELLHEAD PROTECTION AREA. The surface and subsurface area, surrounding a water well or well field supplying a public water system, through which contaminants are reasonably likely to move.
   (B)   Establishment of wellhead protection area. The city hereby designates a wellhead protection area for the purpose of protection of the public water supply system. The following parcels or tracts of land shall comprise the wellhead protection area:
      (1)   North Subdivision.
   The West Half of the Southwest Quarter (W1/2 SW1/4) of Section Thirty-five (35), Township Three (3), North, Range Fifteen (15), West of the 6th P.M. in Franklin County, Nebraska;
   The West Half of the Southwest Quarter (W1/2 SW1/4) of Section One (1); the Northwest Quarter (NW 1/4), the Southeast Quarter (SE 1/4), the Northeast Quarter of the Southwest Quarter (NE 1/4 SW 1/4), the South Half of the Northeast Quarter (S 1/2 NE 1/4), and the Northwest Quarter of the Northeast Quarter (NW 1/4 NE 1/4) of Section Two (2); the North Half of the Northeast Quarter (N 1/2 NE 1/4) and the Southeast Quarter of the Northeast Quarter (SE 1/4 NE 1/4) of Section Eleven (11);
   The Northwest Quarter (NW 1/4), the Southeast Quarter (SE 1/4), the North Half of the Southwest Quarter (N 1/2 SW 1/4), the Southeast Quarter of the Southwest Quarter (SE 1/4 SW 1/4), and the Southwest Quarter of the Northeast Quarter (SW 1/4 NE 1/4) of Section 12 (12); and the Northeast Quarter (NE 1/4), the Northeast Quarter of the Northwest Quarter (NE 1/4 NW 1/4), and the Northeast Quarter of the Southeast Quarter (NE 1/4 SE 1/4) of Section Thirteen (13); ALL in Township Two (2), North Range Fifteen (15), West of the 6th P.M. in Franklin County, Nebraska; and
   The Southwest Quarter of the Southwest Quarter (SW 1/4 SW 1/4) of Section Seven (7); and the West Half of the Northwest Quarter (W 1/2 NW 1/4) and the Northwest Quarter of the Southwest Quarter (NW 1/4 SW 1/4) of Section Eighteen (18); ALL in Township Two (2), North, Range Fourteen (14), West of the 6th P.M. in Franklin County, Nebraska.
      (2)   South Subdivision.
   The West Half (W 1/2) of Section Thirty-one (31), Township Two (2), North, Range Fourteen (14), West of the 6th P.M. in Franklin County, Nebraska;
   All that part of the East Half (E 1/2) of Section Thirty-one (31), Township Two (2), North, Range Fourteen (14), West of the 6th P.M. in Franklin County, Nebraska lying west of Beauty Creek as the same meanders generally north-to-south through said section;
   The East Half (E 1/2) of Section Thirty-six (36), Township Two (2), North, Range Fifteen (15), West of the 6th P.M. in Franklin County, Nebraska;
   The North Half of the Northwest Quarter (N 1/2 NW 1/4) and the Northwest Quarter of the Northeast Quarter (NW 1/4 NE 1/4) of Section Six (6), Township One (1), North, Range Fourteen (14), West of the 6th P.M. in Franklin County, Nebraska; and
   The North Half of the Northeast Quarter (N 1/2 NE 1/4) of Section One (1), Township One (1), North, Range Fifteen (15), West of the 6th P.M. in Franklin County, Nebraska.
   (C)   Wellhead protection area map. A map or plat showing the location and boundaries of the wellhead protection area shall be kept on file in the office of the City Clerk and shall be available for public inspection at all times during regular business hours of said office.
(Ord. 661, passed 8-10-1998; Ord. 742, passed 5-13-2002)

§ 3-125 DRILLING AND OPERATION OF WELLS AND INSTALLATION OF CERTAIN OTHER FACILITIES AND ACTIVITIES; SPACING REQUIREMENTS.

Bookmark§ 3-125  DRILLING AND OPERATION OF WELLS AND INSTALLATION OF CERTAIN OTHER FACILITIES AND ACTIVITIES; SPACING REQUIREMENTS.
   No person shall drill any well for production of potable or nonpotable water or install any sewage lagoon, absorption or disposal field for water, cesspool, dumping ground, feedlot, livestock pasture or corral, chemical or petroleum product storage facility, pit toilet, sanitary landfill, septic tank, sewage treatment plant, sewage wet well or geothermal well within the municipal limits or within the zoning jurisdiction of the city unless the same is located not less than the following distances from the nearest municipal water well:
   (A)   For potable and non-potable water wells, any other well and sewage lagoons, not less than 1,000 feet;
   (B)   For absorption or disposal fields for waste water, cesspools, dumping grounds, feedlots or feedlot runoff, livestock pastures or corrals, chemical or petroleum product storage facilities, pit toilets, sanitary landfills, septic tanks, sewage treatment plants and sewage wet wells, not less than 500 feet;
   (C)   For closed loop geothermal wells, sanitary sewer connections or manholes, 100 feet;
   (D)   For sanitary sewer lines, 50 feet; and
   (E)   For permanently water tight sanitary sewer lines, ten feet.
(Ord. 744, passed 7-15-2002)

§ 3-126 GEOTHERMAL WELLS; REQUIREMENTS.

Bookmark§ 3-126  GEOTHERMAL WELLS; REQUIREMENTS.
   Any geothermal well installed within the city or within its zoning jurisdiction, shall consist of a closed loop system of polybutylene or polyethyolene pipe with heat fused joints. The well shall be sealed from bottom to top with a cement slurry and the fluid used in it for thermal transfer shall be an antifreeze consisting of potassium acetate, propelene glycol or other food-grade substance.
(Ord. 744, passed 7-15-2002)

§ 3-127 ADOPTION OF DROUGHT EMERGENCY CONTINGENCY PLAN.

Bookmark§ 3-127  ADOPTION OF DROUGHT EMERGENCY CONTINGENCY PLAN.
   (A)   Generally. The city shall address any short-term water shortage problems through a series of stages based on conditions of supply and demand with accompanying triggers, goals and actions. Each stage is more stringent in water use than the previous stage since there will be a greater deterioration in water supply conditions. The Mayor and Council may implement the appropriate conservation measures as set forth in this section, when any of the conditions have been reached which would qualify for any of the specific stages. The Mayor and Council may by resolution declare each particular stage as deemed appropriate after reviewing the severity of the trigger conditions and other additional information, and may implement conservation measures within the guidelines provided for each particular stage.
   (B)   Stage One: Water Watch.
      (1)   Conditions. This stage is triggered by any one of the following conditions.
         (a)   Ground water levels have fallen five feet below normal seasonal levels.
         (b)   System pressure falls below 40 pounds per square inch.
         (c)   Demand for one day is in excess of 2,000,000,000 gallons per day.
      (2)   Goals. The goals of this stage are to heighten awareness of the public of the water conditions and to maintain the integrity of the system.
      (3)   Management actions.
         (a)   Leaks will be repaired within 48 hours of detection.
         (b)   The city will monitor its use of water and will curtail activities such as hydrant flushing and street cleaning.
      (4)   Regulation actions. The public will be informed through the local media of the water watch and be asked to voluntarily reduce outdoor water use and to efficiently use water for indoor purposes, for example, washing full loads of clothing and/or dishes, limiting the length and frequency of showers, checking for water leaks and dripping of faucets, to prevent any unnecessary use of water.
   (C)   Stage Two: Water Warning.
      (1)   Conditions. This stage is triggered by any one of the following conditions.
         (a)   Ground water levels have fallen ten feet below normal seasonal levels.
         (b)   System pressure falls below 40 pound per square inch.
         (c)   Plant operations are at 80% capacity for more than three consecutive days.
         (d)   Demand for one day is in excess of 2,000,000,000 gallons per day.
      (2)   Goals. The goals of this stage are to reduce peak demands by 20% and to reduce overall weekly consumption by 10%.
      (3)   Management actions.
         (a)   Water supply will be monitored daily.
         (b)   Leaks will be repaired within 24 hours of detection.
         (c)   Pumpage at wells will be reduced to decrease drawdown and to maintain water levels over well screens.
         (d)   The city will curtail its water usage, including watering of municipal grounds and washing of vehicles.
      (4)   Regulation actions. In addition to the regulation actions under Stage One, the following regulatory authority may be exercised by the Mayor and Council.
         (a)   An odd/even lawn watering system will be imposed on residents. Residents with odd-numbered houses will water on odd days, even-numbered houses on even days.
         (b)   Outdoor water use, including lawn watering and car washing will be restricted to before 10:00 a.m. and after 9:00 p.m.
         (c)   Refilling of swimming pools will be limited to one day a week after sunset.
         (d)   Waste of water will be prohibited.
   (D)   Stage Three: Water Emergency.
      (1)   Conditions. This stage is triggered by any one of the following conditions.
         (a)   Ground water levels have fallen 15 feet below normal seasonal levels.
         (b)   System pressure falls below 40 pounds per square inch.
         (c)   Pumping lowers water levels to within five feet of the top of the well screens.
         (d)   Plant operations are at 90% capacity for more than three consecutive days.
         (e)   Demand for one day is in excess of 2,000,000,000 gallons per day.
      (2)   Goals. The goals of this stage are to reduce peak demands by 50% and to reduce overall consumption by 25%.
      (3)   Education actions.
         (a)   The city will make news releases to local media describing current conditions and indicate the water supply outlook for the city.
         (b)   The city will hold public meeting(s) to discuss the emergency, the status of the water supply and further actions which need to be taken.
      (4)   Management actions.
         (a)   The city water supplies will be monitored daily.
         (b)   Leaks will be repaired within 24 hours of detection.
         (c)   Standby wells will be activated for contingency operation.
         (d)   Pumpage at wells will be reduced to decrease drawdown and to maintain water levels over well screens.
         (e)   The city will seek additional emergency supplies from other users, including the state or federal government.
      (5)   Regulation actions. In addition to the regulation actions available under Stage Two, the following regulatory authority may be exercised by the Mayor and Council.
         (a)   Outdoor water use will be banned, except for businesses which require outdoor water use to operate.
         (b)   Waste of water will be prohibited.
   (E)   Enforcement. In the event that any water consumer fails to comply with the regulatory action taken by the Mayor and Council, they may direct the immediate discontinuance of water service to the location which is not in compliance with the restrictions imposed. Water service may be resumed upon the Mayor and Council being provided adequate evidence to show that compliance has been instituted and that compliance will continue under the restrictions imposed.
(Ord. 802, passed 8-23-2006)

§ 3-128 VIOLATIONS; PENALTIES.

Bookmark§ 3-128  VIOLATIONS; PENALTIES.
   Any person who shall violate any of the provisions of this Chapter 3, Article 1 shall be guilty of an offense and shall be punished as provided in § 3-1001 of this code.
(Ord. 744, passed 7-15-2002)

ARTICLE 2: SEWER DEPARTMENT

BookmarkARTICLE 2:  SEWER DEPARTMENT
Section
   3-201   Municipal Sewer Department; operation and funding
   3-202   Municipal Sewer Department; application for permit
   3-203   Municipal Sewer Department; sewer contract
   3-204   Municipal Sewer Department; mandatory hook-up
   3-205   Municipal Sewer Department; unlawful waste disposal
   3-206   Municipal Sewer Department; service contracts
   3-207   Municipal Sewer Department; installation procedure
   3-208   Municipal Sewer Department; installation expense
   3-209   Municipal Sewer Department; licensed plumber
   3-210   Municipal Sewer Department; repairs and replacement
   3-211   Municipal Sewer Department; classification
   3-212   Municipal Sewer Department; rate setting
   3-213   Municipal Sewer Department; sewer rental bills
   3-214   Municipal Sewer Department; old house sewers
   3-215   Municipal Sewer Department; unlawful use
   3-216   Municipal Sewer Department; special equipment
   3-217   Municipal Sewer Department; manholes
   3-218   Municipal Sewer Department; inspections
   3-219   Municipal Sewer Department; private sewers
   3-220   Municipal Sewer Department; lien
   3-221   Municipal Sewer Department; complaints
   3-222   Municipal Sewer Department; sewer use charge

§ 3-201 MUNICIPAL SEWER DEPARTMENT; OPERATION AND FUNDING.

Bookmark§ 3-201  MUNICIPAL SEWER DEPARTMENT; OPERATION AND FUNDING.
   (A)   The municipality owns and operates the municipal sewer system through the city.
   (B)   For the purpose of defraying the cost of the maintenance and repairing of any sewer or water utilities in the municipality, the governing body may each year levy a tax not exceeding the maximum limit prescribed by state law on the taxable value of all taxable property in the municipality. The revenue from the tax shall be known as the Water and Sewer Maintenance Fund and shall be used exclusively for the purpose of maintenance and repairs of the water and sewer system.
   (C)   The city shall have the direct management and control of the Sewer Department, shall faithfully carry out the duties of the office, and shall have the authority to adopt rules and regulations for the sanitary and efficient management of the Department subject to the supervision and review of the governing body.
(Neb. RS 17-925.01)  (Ord. 677, passed 10-12-1998)

§ 3-202 MUNICIPAL SEWER DEPARTMENT; APPLICATION FOR PERMIT.

Bookmark§ 3-202  MUNICIPAL SEWER DEPARTMENT; APPLICATION FOR PERMIT.
   Any person wishing to connect with the sewer system shall make an application therefor to the Utilities Superintendent. The Superintendent may require any applicant to make a service deposit in such amount as has been set by the governing body and placed on file at the office of the Municipal Clerk. Sewer service may not be supplied to any house or building except upon the written order of the Utilities Superintendent. The Department shall not supply sewer service to any person outside the corporate limits without special permission from the governing body; provided, that the entire cost of pipe and other installation charges shall be paid by such consumers. Nothing herein shall be construed to obligate the municipality to provide sewer service to nonresidents.
(Neb. RS 17-149, 19-2701)

§ 3-203 MUNICIPAL SEWER DEPARTMENT; SEWER CONTRACT.

Bookmark§ 3-203  MUNICIPAL SEWER DEPARTMENT; SEWER CONTRACT.
   The municipality through the Municipal Sewer Department shall furnish sewer services to persons within its corporate limits whose premises abut a street or alley in which a commercial main is now or may hereafter be laid. The municipality may also furnish sewer service to persons whose premises are situated outside the corporate limits of the municipality, as and when, according to law, the Municipal Council may see fit to do so. The rules, regulations and sewer rental rates hereinafter named in this article, shall be considered a part of every application hereafter made for sewer service and shall be considered a part of the contract between every customer now or hereafter served. Without further formality, the making of the application on the part of any applicant or the use of sewer service by present customers thereof shall constitute a contract between the customer and the municipality to which said contract both parties are bound. If the customer shall violate any of the provisions of said contract or any reasonable rules and regulations that the governing body may hereafter adopt, the Utilities Superintendent, or his or her agent, may cut off or disconnect the sewer service from the building or premises of such violation. No further connection for sewer service to said building or premises shall again be made save or except by order of the Superintendent or his or her agent.
(Neb. RS 17-901, 17-902)

§ 3-204 MUNICIPAL SEWER DEPARTMENT; MANDATORY HOOK-UP.

Bookmark§ 3-204  MUNICIPAL SEWER DEPARTMENT; MANDATORY HOOK-UP.
   Upon written notice by the Utilities Superintendent, the property owner, occupant or lessee of any premises within 300 feet of any sewer main shall without delay cause the said building to be connected with the sewer system and equipped with inside sewerage facilities. Every building hereafter erected shall be connected with the sewer system at the time of its construction. In the event that any property owner, occupant or lessee shall neglect, fail or refuse, within a period of ten days after notice has been given to him or her to do so by registered mail or by publication in a newspaper in or of general circulation in the municipality, to make such connection, the governing body shall have the power to cause the same to be done, to assess the cost thereof against the property, and to collect the assessment thus made in the manner provided for collection of other special taxes and assessments.
(Neb. RS 17-149, 17-149.01)

§ 3-205 MUNICIPAL SEWER DEPARTMENT; UNLAWFUL WASTE DISPOSAL.

Bookmark§ 3-205  MUNICIPAL SEWER DEPARTMENT; UNLAWFUL WASTE DISPOSAL.
   Privies, cesspools or septic tanks for the reception of sewage or waste from a drain from any building shall only be permitted or allowed when the sewerage system is not available to the premises on which said privy, cesspool or septic tank is located. The sewerage system shall be considered available for the purposes of this section when said system abuts the premises on which said privy, cesspool or septic tank is located. In case an available municipal sewer is provided later, the existing privy, cesspool of septic tank used on said premises must be abandoned forthwith when the sewer is installed, and the drain for any building shall be connected to the municipal sewer and the abandoned cesspool, septic tank or privy must then be cleaned and filled with fresh earth and tamped in properly.
(Neb. RS 17-121)

§ 3-206 MUNICIPAL SEWER DEPARTMENT; SERVICE CONTRACTS.

Bookmark§ 3-206  MUNICIPAL SEWER DEPARTMENT; SERVICE CONTRACTS.
   Contracts for sewer service are not transferable. Any person wishing to change from one location to another shall make a new application and sign a new contract. If any customer shall move from the premises where service is furnished, or if the said premises is destroyed by fire or other casualty, he or she shall at once inform the Utilities Superintendent who shall cause the sewer service to be shut off from the said premises. If the customer should fail to give notice, he or she shall be charged for that period of time until the official in charge of sewers is otherwise advised of such circumstances.
(Neb. RS 18-503)

§ 3-207 MUNICIPAL SEWER DEPARTMENT; INSTALLATION PROCEDURE.

Bookmark§ 3-207  MUNICIPAL SEWER DEPARTMENT; INSTALLATION PROCEDURE.
   In making excavations in streets, alleys or sidewalks for the purpose of installing pipe, or making repairs, the paving, stones and earth must be removed and deposited in a manner that will occasion the least inconvenience to the public and provide for adequate drainage. No person shall leave an excavation made in the street, alley or sidewalk open at any time without a barricade, and during the night, warning lights. After the house sewer is laid, the public ways and property shall be restored to good condition. If the excavation in the public ways and property is left open or unfinished for a period of 24 hours or more, the Utilities Superintendent shall have the duty to finish or correct the work, and all expenses so incurred shall be charged to the owner, occupant or lessee of the property. All installations or repairs of pipes require two inspections by the Utilities Superintendent. The first inspection shall be made when connections or repairs are complete and before the pipes are covered. The second inspection shall be made after the dirt work is completed and the service restored. It is the customer’s responsibility to notify the Utilities Superintendent at the time the work is ready for each inspection. All installation shall be done under the supervision and strictly in accordance with the rules, regulations and specifications for such installation prescribed by the Utilities Superintendent; provided, that the said rules, regulations and specifications have been reviewed and approved by the governing body.
(Neb. RS 18-503)

§ 3-208 MUNICIPAL SEWER DEPARTMENT; INSTALLATION EXPENSE.

Bookmark§ 3-208  MUNICIPAL SEWER DEPARTMENT; INSTALLATION EXPENSE.
   The customer, upon approval of his or her application for service, shall pay to the Utilities Superintendent a tap fee of $100 which shall compensate the municipality for the expense of processing his or her application and tapping the sewer main. The Utilities Superintendent, in his or her discretion, may direct the customer to hire a licensed plumber to tap the main. The customer shall then be required to pay the expense of procuring the materials required as well as the services of a licensed plumber and shall pay all other costs of installation. In addition thereto the customer shall pay to the municipality the cost of restoring the public ways and property which shall be assessed to the customer in the event that the municipality should agree to do the work and bill the customer. Otherwise all restorative work and the cost thereof shall be the customer’s responsibility.
(Neb. RS 18-503)  (Ord. 724, passed 4-9-2001)

§ 3-209 MUNICIPAL SEWER DEPARTMENT; LICENSED PLUMBER.

Bookmark§ 3-209  MUNICIPAL SEWER DEPARTMENT; LICENSED PLUMBER.
   It shall be unlawful for any person, firm or corporation to engage in or conduct the business of sewer connection and house drainage, excavate any trenches for sewer pipe, open, uncover or in any manner make connection with or lay any sewer drain or attach to, modify or repair any appurtenances thereto without holding a municipal plumber’s license and without complying with the rules and regulations of the Utilities Superintendent; provided, that nothing herein shall be construed to apply to persons, firms or corporations under special contract with the municipality for the construction, extension or repair of the municipal sewer system.

§ 3-210 MUNICIPAL SEWER DEPARTMENT; REPAIRS AND REPLACEMENT.

Bookmark§ 3-210  MUNICIPAL SEWER DEPARTMENT; REPAIRS AND REPLACEMENT.
   (A)   The Municipal Sewer Department may require the owner of any property which is within the municipality and connected to the public sewers or drains to repair or replace any connection line which serves the owner’s property and is broken, clogged or otherwise in need of repair or replacement. The property owner’s duty to repair or replace such a connection line shall include those portions upon the owner’s property and those portions upon public property or easements up to and including the point of junction with the public main.
   (B)   The Municipal Clerk shall give the property owner notice by registered letter or certified mail, directed to the last-known address of such owner or the agent of such owner, directing the repair or replacement of such connection line. If within 30 days of mailing such notice the property owner fails or neglects to cause such repairs or replacements to be made, the Utilities Superintendent may cause such work to be done and assess the cost upon the property served by such connection.
(Neb. RS 18-1748)  (Ord. 462, passed 8-14-1984)

§ 3-211 MUNICIPAL SEWER DEPARTMENT; CLASSIFICATION.

Bookmark§ 3-211  MUNICIPAL SEWER DEPARTMENT; CLASSIFICATION.
   The governing body may classify for the purpose of rental fees the customers of the Municipal Sewer Department; provided, that such classifications are reasonable and do not discriminate unlawfully against any consumer or group of consumers.
(Neb. RS 17-925.02)

§ 3-212 MUNICIPAL SEWER DEPARTMENT; RATE SETTING.

Bookmark§ 3-212  MUNICIPAL SEWER DEPARTMENT; RATE SETTING.
   Customers of the Municipal Sewer Department shall be charged a flat rate for the use of sewer service. Rates shall be set by ordinance and shall be on file at the office of the Municipal Clerk for public inspection at any reasonable time.

§ 3-213 MUNICIPAL SEWER DEPARTMENT; SEWER RENTAL BILLS.

Bookmark§ 3-213  MUNICIPAL SEWER DEPARTMENT; SEWER RENTAL BILLS.
Editor's Note:
   For provisions on discontinuance of service and notice procedure, see § 3-901
   For provisions on utilities generally, see Chapter 3, Article 9

§ 3-214 MUNICIPAL SEWER DEPARTMENT; OLD HOUSE SEWERS.

Bookmark§ 3-214  MUNICIPAL SEWER DEPARTMENT; OLD HOUSE SEWERS.
   Old house sewers and drains may be used in connection with new buildings or new plumbing only when they are found, on examination by the Utilities Superintendent, to conform in all respects to the requirements governing new sewers and drains. If the old work is found defective or otherwise unsatisfactory, he or she shall notify the owner to make the necessary changes to conform with the provisions of the municipal code.

§ 3-215 MUNICIPAL SEWER DEPARTMENT; UNLAWFUL USE.

Bookmark§ 3-215  MUNICIPAL SEWER DEPARTMENT; UNLAWFUL USE.
   It shall be unlawful for any person to discharge or cause to be discharged any storm water, surface water, ground water, roof runoff, surface drainage or unpolluted industrial process waters into the sanitary sewer. Except as hereinafter provided, no person shall discharge or cause to be discharged any of the following described waters or wastes into the municipal sewer system:
   (A)   Liquids or vapors having a temperature higher than 150°F;
   (B)   Water or waste which may contain more than 100 parts per million by weight of fat, oil or grease;
   (C)   Gasoline, benzene, naptha, fuel oil, other flammable or explosive liquid, solid or gas;
   (D)   Garbage that has not been properly shredded;
   (E)   Sand, mud, metal, rags, paper or other solid or viscous substance capable of causing obstruction to the flow in the sewer system;
   (F)   Toxic or poisonous substances in sufficient quantity to interfere with or injure the sewage treatment process, constitute a hazard to humans, animals or fish, or create any hazard in the receiving area of the sewage treatment plant;
   (G)   Suspended solids of such character and quantity that unusual attention or expense is required to handle such materials;
   (H)   Waters or wastes having a pH lower than 5.5 or higher than 9.0 or having other corrosive properties capable of causing damage to the structures, equipment and personnel of the Municipal Sewer Department; and
   (I)   Any noxious or malodorous gas or substance capable of creating a public nuisance.
(Neb. RS 17-145)

§ 3-216 MUNICIPAL SEWER DEPARTMENT; SPECIAL EQUIPMENT.

Bookmark§ 3-216  MUNICIPAL SEWER DEPARTMENT; SPECIAL EQUIPMENT.
   In the event a customer of the Municipal Sewer Department discharges an unusually large amount of waste daily, an unusually large amount of grease or oil, or waste with an unusually high biochemical oxygen demand the chief sewer official may require the said customer to install interceptors or other preliminary treatment equipment to reduce the objectionable characteristics of the waste to within such maximum limits as he or she shall prescribe subject to the review of the governing body. All preliminary treatment facilities shall be purchased and maintained continuously in satisfactory and efficient operation at the customer’s expense. Nothing herein shall be construed to prohibit a special agreement or arrangement between the governing body and an industrial concern whereby an industrial waste of unusual strength or character may be accepted by the municipality for treatment subject to additional rental fees or other charges.

§ 3-217 MUNICIPAL SEWER DEPARTMENT; MANHOLES.

Bookmark§ 3-217  MUNICIPAL SEWER DEPARTMENT; MANHOLES.
   Entrance into a manhole or opening for any purpose except by authorized persons is hereby prohibited. It shall be unlawful to deposit or cause to be deposited in any receptacle connected with the sewer system any substance which is not the usual and natural waste carried by the sewer system.

§ 3-218 MUNICIPAL SEWER DEPARTMENT; INSPECTIONS.

Bookmark§ 3-218  MUNICIPAL SEWER DEPARTMENT; INSPECTIONS.
   The chief sewer official or his or her authorized agents, shall have free access at any reasonable time to all parts of each premises and building which is connected with the sewer system to ascertain whether there is any disrepair or violations of this article therein.

§ 3-219 MUNICIPAL SEWER DEPARTMENT; PRIVATE SEWERS.

Bookmark§ 3-219  MUNICIPAL SEWER DEPARTMENT; PRIVATE SEWERS.
   In the event that the governing body determines it is in the best interest of the municipality not to create a sewer district for the extension of any sewer main, a private sewer may be authorized by the governing body under the terms and conditions prescribed herein. No private sewer shall be built by any person without first making application therefor to the governing body and a resolution authorizing the construction thereof by a majority of the members elected to the governing body has been passed. No such resolution shall be adopted unless the applicant agrees to construct such sewer main in such a manner as to be available and feasible for use by all property owners within the area where such private sewer is to be constructed. The private sewer shall be constructed in accordance with the plans and specifications provided by the Municipal Engineer and the construction shall be at all times under the direct supervision and control of the Utilities Superintendent.

§ 3-220 MUNICIPAL SEWER DEPARTMENT; LIEN.

Bookmark§ 3-220  MUNICIPAL SEWER DEPARTMENT; LIEN.
   In addition to all other remedies, if a customer shall for any reason remain indebted to the municipality for sewer service furnished, such amount due, together with any rents and charges in arrears shall be considered a delinquent sewer rent which is hereby declared to be a lien upon the real estate for which the same was furnished. The Municipal Clerk shall notify in writing or cause to be notified in writing, all owners of premises or their agents whenever their tenants or lessees are 60 days or more delinquent in the payment of sewer rent. It shall be the duty of the Utilities Superintendent on the first day of June of each year to report to the governing body a list of all unpaid accounts due for sewer service together with a description of the premises served. The report shall be examined, and if approved by the governing body, shall be certified by the Municipal Clerk to the County Clerk to be collected as a special tax in the manner provided by law.
(Neb. RS 17-925.01)

§ 3-221 MUNICIPAL SEWER DEPARTMENT; COMPLAINTS.

Bookmark§ 3-221  MUNICIPAL SEWER DEPARTMENT; COMPLAINTS.
Editor’s note:
   This section was repealed by Ord. 363, passed 9-10-1979.

§ 3-222 MUNICIPAL SEWER DEPARTMENT; SEWER USE CHARGE.

Bookmark§ 3-222  MUNICIPAL SEWER DEPARTMENT; SEWER USE CHARGE.
   (A)   The city has constructed and owns and operates a sanitary sewerage system, which system carries the liquid and solid waste sewage of such community and residents thereof. There is hereby established a sanitary sewer use charge against each lot, parcel of land or premises served by said sanitary sewerage system or which may otherwise discharge sewage and industrial wastes, either directly or indirectly, into such sanitary sewerage system or any part thereof.
   (B)   The word CONSUMER as used in this section includes any persons using the sanitary sewerage system of the city including all persons, firms or corporations whose premises are served thereby and all owners and tenants of real estate and buildings connected with said sanitary sewerage system or served thereby, and all users of said system who in any way use the same or discharge sanitary sewage, industrial waste water or other liquid, either directly or indirectly, into the sanitary sewerage system of the city.
   (C)   For the use of said sanitary sewerage system, each consumer shall pay a monthly sewer use charge of $14.
   (D)   Where, in the judgment of the City Council by reason of special conditions, the application of the use charges hereinbefore set forth would be inequitable or unfair to either the city or the user, or in cases where the character of the sewerage from a consumer is such that an additional burden is placed upon the sewerage system greater than that imposed by the average sewage delivered to the sewage disposal plant, a special rate may be established by contract or by resolution duly passed and approved by the Mayor and Council of the city.
   (E)   All sewer use charges prescribed by this section shall be a lien upon the premises and real estate for which the sewer service is supplied and used, and if not paid when due, such charge shall be certified to the City Treasurer and may be recovered by the city in an action at law from the owner or the person, firm or corporation requesting the service or it may be certified to the tax assessor and assessed against the premises served and collected or returned in the same manner as other municipal taxes are certified, assessed, collected and returned. Bills for the sewer use charges made by this section shall be rendered monthly, at the same time that bills are rendered for electrical service of the city, and all sewer use charges levied by this section which are not paid at or before electrical service charges of the city are required to be paid shall be delinquent and the water service of such consumer may be discontinued.
   (F)   All use charges provided for by this section shall be billed and collected at the same time and in the same manner as electrical charges are billed and collected by the city.
   (G)   The sewer use charges shall be sufficient at all times to pay for the operation and maintenance of the sanitary sewerage system and disposal plant. All moneys collected for such sewer use shall be set aside and placed in a separate fund designated as the Sewer Revenue Fund and shall be used only for the purpose of paying for the reasonable expense of operation and maintenance of the sanitary sewerage system and disposal plant and for the purpose of creating reserves for any of the aforesaid purposes.
   (H)   The Municipal Clerk shall begin collection of the rates herein provided effective with the October 15, 2014 billing.
(Ord. 291, passed 7-9-1983; Ord. 469, passed 1-8-1985; Ord. 633, passed 9-9-1996; Ord. 705, passed 10-9-2000; Ord. 817, passed 10-8-2007; Ord. 832, passed 12-22-2009; Ord. 881, passed 9-9-2013; Ord. 897, passed 9-8-2014)

ARTICLE 3: POLICE DEPARTMENT

BookmarkARTICLE 3:  POLICE DEPARTMENT
Section
   3-301   Police Department; duties
   3-302   Police Department; reserve officer bond
   3-303   Police Department; arrest and enforcement jurisdiction
   3-304   Police Department; police officers; discipline or removal from duty; notice and hearing; determination

§ 3-301 POLICE DEPARTMENT; DUTIES.

Bookmark§ 3-301  POLICE DEPARTMENT; DUTIES.
   The Police Department shall consist of the Chief of Police and such further number of regular police officers as may be duly ordered by resolution of the Council. The Chief of Police shall, subject to the direction of the Mayor, have control and management of all matters relating to the Police Department, its officers and members, and shall have the custody and control of all property and books belonging to the department. He or she shall devote his or her whole time to the municipal affairs, interests of the municipality, and to the preservation of peace, order, safety and cleanliness thereof. The Department shall execute and enforce all laws and also the orders of the Mayor. It shall be the duty of the Department to protect the rights of persons and property. There shall be a proper police force at all fires. The Department shall take notice of all nuisances, impediments, obstructions and defects in the streets, avenues, alleys, business places and residences of the municipality. The Department shall execute, or cause to be executed, the processes issued and shall cause all persons arrested to be brought before the proper court for trial as speedily as possible. The Chief of Police and all regular and special police officers shall become thoroughly conversant with the laws of the municipality, and shall see that the same are strictly enforced and shall make sworn complaints against any person or persons for violation of the same.

§ 3-302 POLICE DEPARTMENT; RESERVE OFFICER BOND.

Bookmark§ 3-302  POLICE DEPARTMENT; RESERVE OFFICER BOND.
   No appointment of a law enforcement reserve officer shall be valid until a bond in the amount of $2,000, payable to the city, has been filed with the Municipal Clerk by the individual appointed, or a blanket surety bond arranged and paid for by the governing body and bonding all such officers of the governing body has been filed. Such bonds shall be subject to the provisions of Neb. RS Chapter 11, Article 1.
(Neb. RS 81-1444)  (Ord. 491, passed 11-11-1986)

§ 3-303 POLICE DEPARTMENT; ARREST AND ENFORCEMENT JURISDICTION.

Bookmark§ 3-303  POLICE DEPARTMENT; ARREST AND ENFORCEMENT JURISDICTION.
   (A)   The police officers of the city shall have the power to arrest all offenders against the laws of the state or of the city, by day or by night, in the same manner as the County Sheriff and to keep such offenders in the city prison, county jail or other place of confinement to prevent their escape until trial can be had before the proper officer.
(Neb. RS 17-118)
   (B)   Every city law enforcement officer has the power and authority to enforce the laws of this state and the city or otherwise perform the functions of that office anywhere within his or her primary jurisdiction.
   (C)   For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      LAW ENFORCEMENT OFFICER IN NEED OF ASSISTANCE.
         (a)   A law enforcement officer whose life is in danger; or
         (b)   A law enforcement officer who needs assistance in making an arrest and the suspect:
            1.   Will not be apprehended unless immediately arrested;
            2.   May cause injury to himself or herself or others or damage to property unless immediately arrested; or
            3.   May destroy or conceal evidence of the commission of a crime.
      PRIMARY JURISDICTION.  The geographic area within territorial limits of the city.
   (D)   Any city law enforcement officer who is within this state, but beyond his or her primary jurisdiction, has the power and authority to enforce the laws of this state or any legal ordinance of any city or incorporated village or otherwise perform the functions of his or her office, including the authority to arrest and detain suspects, as if enforcing the laws or performing the functions within his or her primary jurisdiction in the following cases:
      (1)   Any city law enforcement officer, if in a fresh attempt to apprehend a person suspected of committing a felony, may follow that person into any other jurisdiction in this state and there arrest and detain that person and return that person to the officer's primary jurisdiction;
      (2)   Any city law enforcement officer, if in a fresh attempt to apprehend a person suspected of committing a misdemeanor or a traffic infraction, may follow that person anywhere in an area within 25 miles of the boundaries of the officer's primary jurisdiction and there arrest and detain that person and return that person to the officer's primary jurisdiction;
      (3)   Any city law enforcement officer has this enforcement and arrest and detention authority when responding to a call in which a local, state, or federal law enforcement officer is in need of assistance; and
      (4)   If the city, under the provisions of the Interlocal Cooperation Act or the Joint Public Agency Act, enters into a contract with any other city or county for law enforcement services or joint law enforcement services, law enforcement personnel may have this enforcement authority within the jurisdiction of each of the participating political subdivisions if provided for in the agreement.  Unless otherwise provided in the agreement, the city shall provide liability insurance coverage for its own law enforcement personnel as provided in Neb. RS 13-1802.
   (E)   When probable cause exists to believe that a person is operating or in the actual physical control of any motor vehicle, motorboat, personal watercraft, or aircraft while under the influence of alcoholic liquor or of any drug or otherwise in violation of Neb. RS 28-1465, 28-1466, 28-1472, 37-1254.01, 37-1254.02, 60-4,163, 60-4,164, 60-6,196, 60-6,197, 60-6,211.01, or 60-6,211.02, a city law enforcement officer has the power and authority to do any of the following or any combination thereof:
      (1)   Transport that person to a facility outside of the law enforcement officer's primary jurisdiction for appropriate chemical testing of the person;
      (2)   Administer outside of the law enforcement officer's primary jurisdiction any post-arrest test advisement to the person; or
      (3)   With respect to that person, perform other procedures or functions outside of the law enforcement officer's primary jurisdiction which are directly and solely related to enforcing the laws that concern a person operating or being in the actual physical control of any motor vehicle, motorboat, or aircraft while under the influence of alcoholic liquor or of any other drug or otherwise in violation of Neb. RS 28-1465, 28-1466, 28-1472, 37-1254.01, 37-1254.02, 60-4,163, 60-4,164, 60-6,196, 60-6,197, 60-6,211.01, or 60-6,211.02.
(Neb. RS 29-215)
   (F)   If city law enforcement personnel are rendering aid in their law enforcement capacity outside the limits of the city in the event of disaster, emergency, or civil defense emergency or in connection with any program of practice or training for a disaster, emergency, or civil defense emergency when that program is conducted or participated in by the Nebraska Emergency Management Agency or with any other related training program, the law enforcement personnel have the power and authority to enforce the laws of this state or any legal ordinances or resolutions of the local government where they are rendering aid or otherwise perform the functions of their office, including the authority to arrest and detain suspects, as if enforcing the laws or performing the functions within their primary jurisdiction.  The city shall self-insure or contract for insurance against any liability for personal injuries or property damage that may be incurred by it or by its personnel as the result of any movement made pursuant to this division.
(Neb. RS 81-829.65)
(Ord. 606, passed 8-14-1995; Ord. 678, passed 10-12-1998; Ord. 769, passed 1-12-2004; Ord. 921, passed 2-13-2018)

§ 3-304 POLICE DEPARTMENT; POLICE OFFICERS; DISCIPLINE OR REMOVAL FROM DUTY; NOTICE AND HEARING; DETERMINATION.

Bookmark§ 3-304  POLICE DEPARTMENT; POLICE OFFICERS; DISCIPLINE OR REMOVAL FROM DUTY; NOTICE AND HEARING; DETERMINATION.
   (A)   All police officers appointed by the Mayor and Council may be removed, demoted or suspended at any time by the Mayor as provided in this section. A police officer, including the Chief of Police, may appeal to the City Council such removal, demotion or suspension with or without pay. After a hearing, the City Council may uphold, reverse or modify the action.
   (B)   No police officer, including the Chief of Police, shall be demoted, suspended or otherwise disciplined except upon written notice and a copy of the written accusation to the police officer.
   (C)   The police officer shall have the right to have an attorney or representative retained by him or her present with him or her at all hearings or proceedings regarding the written accusation.
   (D)   The police officer or his or her attorney or representative has the right to be heard and to present evidence and to record all hearings or proceedings regarding the written accusation.
   (E)   The police officer may, within ten days after being notified of any disciplinary action, including removal, demotion or suspension with or without pay, file with the Municipal Clerk a written demand for a hearing before the City Council. The City Council shall set the matter for hearing not less than ten nor more than 20 days after the filing of the written demand for hearing and shall give the police officer and his or her attorney or representative written notice of the hearing not less than seven nor more than 14 days prior to the hearing.
   (F)   At the hearing, the police officer and his or her attorney or representative shall have the right to appear in person to respond to the charges, to present witnesses and documentary evidence, and to confront and cross-examine witnesses.
   (G)   Not later than 30 days following the hearing, the City Council shall vote to uphold, reverse or modify the disciplinary action, suspension, demotion, removal or discharge. The failure of the City Council to act within 30 days or the failure of a majority of the members of the City Council to vote to reverse or modify the disciplinary action, suspension, demotion, removal or discharge shall be construed as a vote to uphold the disciplinary action, suspension, demotion, removal or discharge. The decision of the City Council shall be based upon its determination that, under the facts and evidence presented at the hearing, the challenged action was necessary for the proper management and effective operation of the Police Department in the performance of its duties under the state statutes.
   (H)   Nothing in this section shall be construed to prevent the preemptory suspension or immediate removal from duty of an officer, pending the hearing provided in this section, in cases of gross misconduct, neglect of duty or disobedience of orders.
   (I)   This section and the proceedings provided herein do not apply to a police officer during his or her probationary period.
   (J)   After an applicant is hired by the municipality, the municipality may not require the peace officer to produce or disclose his or her personal financial records except pursuant to a valid search warrant or subpoena.
   (K)   The municipality shall not release a photograph of a peace officer who is the subject of an investigation without the written permission of the peace officer, except that the municipality may display a photograph of a peace officer to a prospective witness as part of the investigation.
   (L)   No disciplinary action may be included in a peace officer’s personnel record unless such disciplinary action has been reduced to writing and the peace officer has been given a copy, and no correspondence may be included in a peace officer’s personnel record unless the peace officer has been given a copy of the correspondence. The peace officer shall sign a written acknowledgment of receipt for any copy of a disciplinary action.
   (M)   No peace officer may be discharged, subject to disciplinary action, or threatened with discharge or disciplinary action as retaliation for or solely by reason of the peace officer’s exercise of his or her rights provided herein or provided in the laws of the State of Nebraska.
(Ord. 829, passed 12-14-2009)

ARTICLE 4: PARKS

BookmarkARTICLE 4:  PARKS
Section
   3-401   Municipal parks; operation and funding
   3-402   Municipal parks; injury to property

§ 3-401 MUNICIPAL PARKS; OPERATION AND FUNDING.

Bookmark§ 3-401  MUNICIPAL PARKS; OPERATION AND FUNDING.
   (A)   If the city has already acquired or hereafter acquires land for park purposes or recreational facilities or has already built or hereafter builds swimming pools, recreational facilities, or dams, the Mayor and City Council may each year make and levy a tax upon the taxable value of all the taxable property in the city. The levy shall be collected and put into the city treasury and shall constitute the park and recreation fund of the city. The funds so levied and collected shall be used for amusements, for laying out, improving, and beautifying such parks, for maintaining, improving, managing, and beautifying such swimming pools, recreational facilities, or dams, and for the payment of salaries and wages of persons employed in the performance of such labor.
(Neb. RS 17-951)
   (B)   If the Mayor and City Council create a Board of Park Commissioners or Board of Park and Recreation Commissioners, when such Board has been appointed and qualified, all accounts against the park fund or park and recreation fund, as the case may be, shall be audited by the Board, and warrants against the fund shall be drawn by the Chairperson of the Board, and warrants so drawn shall be paid by the City Treasurer out of the fund.
(Neb. RS 17-952)
   (C)   (1)   Whether the title to real estate for parks, public grounds, swimming pools, or dams, either for recreational or conservational purposes, shall be acquired by gift, devise, or purchase as provided in Neb. RS 17-948, the jurisdiction of the City Council or Park Board shall at once be extended over such real estate; and the City Council or Park Board shall have power to enact bylaws, rules or ordinances for the protection and preservation of any real estate acquired as herein contemplated, and to provide rules and regulations for the closing of the park or swimming pool, in whole or in part, to the general public, and charge admission thereto during such closing, either by the city or by any person, persons, or corporation leasing same. They may provide suitable penalties for the violation of such bylaws, rules, or ordinances; and the police power of the city shall be at once extended over the same.
(Neb. RS 17-949)
      (2)   The Park Board shall not enter into a contract of any nature that involves an expenditure of funds, except for ordinary operating expenses, unless the contract has been approved by resolution of the majority of the members of the City Council prior to the contractual agreement.
Statutory reference:
   Levy limits, see Neb. RS 77-3442
   Parks and recreational facilities generally, see Neb. RS 17-948 through 17-952

§ 3-402 MUNICIPAL PARKS; INJURY TO PROPERTY.

Bookmark§ 3-402  MUNICIPAL PARKS; INJURY TO PROPERTY.
   It shall be unlawful for any person to maliciously or willfully cut down, injure, or destroy any tree, plant, or shrub in any city park or recreational facility. It shall be unlawful for any person to injure or destroy any sodded or planted area or injure or destroy any building, structure, equipment, fence, bench, table, or any other property of any city park or recreational area. No person shall commit any waste on or litter the city parks or other public grounds.
Statutory reference:
   Littering of public and private property, see Neb. RS 28-523

ARTICLE 5: LIBRARY

BookmarkARTICLE 5:  LIBRARY
Section
   3-501   Municipal library; funding
   3-502   Municipal library; Library Board; general powers
   3-503   Municipal library; grounds and building
   3-504   Municipal library; sale and conveyance of real estate
   3-505   Municipal library; mortgages; release or renewal
   3-506   Municipal library; cost of use
   3-507   Municipal library; discrimination prohibited
   3-508   Municipal library; Library Board; annual report
   3-509   Municipal library; penalties; recovery; disposition
   3-510   Municipal library; donations
   3-511   Municipal library; improper book removal 

§ 3-501 MUNICIPAL LIBRARY; FUNDING.

Bookmark§ 3-501  MUNICIPAL LIBRARY; FUNDING.
   (A)   (1)   If the City Council has established a public library free of charge for the use of the inhabitants of the city or contracted for the use of a public library already established, the Council may levy a tax of not more than $0.105 on each $100 upon the taxable value of all the taxable property in the city annually to be levied and collected in like manner as other taxes in the city. The levy shall be subject to Neb. RS 77-3442 and 77-3443. The amount collected from such levy shall be known as the library fund.
(Neb. RS 51-201)
      (2)   The fund shall also include all gifts, grants, deeds of conveyance, bequests, or other valuable income-producing property and real estate from any source for the purpose of endowing the public library.
   (B)   All taxes levied or collected and all funds donated or in any way acquired for the erection, maintenance, or support of the public library shall be kept for the use of the library separate and apart from all other funds of the city, shall be drawn upon and paid out by the City 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 city may establish a public library sinking fund for major capital expenditures.
(Neb. RS 51-209)
   (C)   Any money collected by the library shall be turned over at least monthly by the Librarian to the City Treasurer along with a report of the sources of the revenue.

§ 3-502 MUNICIPAL LIBRARY; LIBRARY BOARD; GENERAL POWERS AND DUTIES.

Bookmark§ 3-502  MUNICIPAL LIBRARY; 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.
(Neb. RS 51-205)
   (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.
(Neb. RS 51-207)
   (C)   The Library Board may erect, lease, or occupy an appropriate building for the use of such a library, and appoint a suitable librarian and assistants, fix the compensation of such appointees, and remove such appointees at the pleasure of the Board. The governing body of the city shall approve any personnel administrative or compensation policy or procedure before implementation of such policy or procedure by the Library Board.
   (D)   The Library Board may 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.  The Library Board may 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.
(Neb. RS 51-211)

§ 3-503 MUNICIPAL LIBRARY; GROUNDS AND BUILDING.

Bookmark§ 3-503  MUNICIPAL LIBRARY;  GROUNDS AND BUILDING.
   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.
(Neb. RS 51-210)

§ 3-504 MUNICIPAL LIBRARY; SALE AND CONVEYANCE OF REAL ESTATE.

Bookmark§ 3-504  MUNICIPAL LIBRARY; SALE AND CONVEYANCE OF REAL ESTATE.
   (A)   The Library Board may, by resolution, direct the sale and conveyance of any real estate owned by the Board or by the public 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.
   (B)   Before any such sale is made the Library Board shall advertise the sale once each week for three consecutive weeks in a legal newspaper published or, if none is published, of general circulation in the city. The notice shall set out the time, place, terms, manner of sale, legal description of such real estate, and the right to reject any and all bids. If the bid or bids have not been rejected, then the real estate shall be sold to the highest bidder for cash, and the Chairperson of the Library Board, upon resolution of the Library Board directing him or her so to do, shall convey the real estate to the purchaser of such real estate upon his or her payment of his or her bid. If within 30 days after the third publication of the notice a remonstrance against the sale is signed by 30% of the registered voters of the city voting at the last regular city election and is filed with the City Council, the 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.
(Neb. RS 51-216)

§ 3-505 MUNICIPAL LIBRARY; MORTGAGES; RELEASE OR RENEWAL.

Bookmark§ 3-505  MUNICIPAL LIBRARY; MORTGAGES; RELEASE OR RENEWAL.
   The president of the Library Board shall have the power to release, upon full payment, any mortgage constituting a credit to the library fund and standing in the name of the Library Board.  The signature of the president on any such release shall be authenticated by the secretary of the Board.  The president and secretary in like manner, upon resolution duly passed and adopted by the Board, may renew any such mortgage.
(Neb. RS 51-206)

§ 3-506 MUNICIPAL LIBRARY; COST OF USE.

Bookmark§ 3-506  MUNICIPAL LIBRARY; COST OF USE.
   (A)   Except as provided in division (B) of this section, the library and reading room shall be free of charge for the use of the inhabitants of the city, subject always to such reasonable regulations as the Library Board may adopt to render the library of the greatest use to the 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.
(Neb. RS 51-212)
   (B)   The public library shall make its basic services available without charge to all residents of the city.  The Board may fix and impose reasonable fees, not to exceed the library’s actual cost, for nonbasic services.
(Neb. RS 51-211)
   (C)   For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      BASIC SERVICES.  Include, but are not limited to, free loan of circulating print and nonprint materials from the local collection and general reference and information services.
      NONBASIC SERVICES.  Include, but are not 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.
(Neb. RS 51-201.01)

§ 3-507 MUNICIPAL LIBRARY; DISCRIMINATION PROHIBITED.

Bookmark§ 3-507  MUNICIPAL LIBRARY; 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.
(Neb. RS 51-211)

§ 3-508 MUNICIPAL LIBRARY; LIBRARY BOARD; ANNUAL REPORT.

Bookmark§ 3-508  MUNICIPAL LIBRARY; LIBRARY BOARD; ANNUAL REPORT.
   The Library Board shall, on or before the second Monday in February in each year, make a report to the City Council of the condition of its trust on the last day of the prior fiscal year.  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 City Council may require.  The report shall be verified by affidavit of the president and secretary of the Library Board.
(Neb. RS 51-213)

§ 3-509 MUNICIPAL LIBRARY; PENALTIES; RECOVERY; DISPOSITION.

Bookmark§ 3-509  MUNICIPAL LIBRARY; 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 city to the credit of the library fund.  Attorney’s fees collected pursuant to this section shall be placed in the treasury of the city and credited to the budget of the City Attorney’s office.
(Neb. RS 51-214)

§ 3-510 MUNICIPAL LIBRARY; DONATIONS.

Bookmark§ 3-510  MUNICIPAL LIBRARY; DONATIONS.
   Any person may make donation of money, lands, or other property for the benefit of the public library.  The title to property so donated may be made to and shall vest in the Library Board and their successors in office, and the Board shall thereby become the owners thereof in trust to the uses of the public library.
(Neb. RS 51-215)

§ 3-511 MUNICIPAL LIBRARY; IMPROPER BOOK REMOVAL.

Bookmark§ 3-511  MUNICIPAL LIBRARY; IMPROPER BOOK REMOVAL.
   It shall be unlawful for any person not authorized by the regulations made by the Library Board to take a book from the public library without the consent of the Librarian or an authorized employee of the library.  Any person removing a book from the library without properly checking it out shall be deemed to be guilty of an offense.

ARTICLE 6: CEMETERY

BookmarkARTICLE 6:  CEMETERY
Section
   3-601   Municipal cemetery; operation and funding
   3-602   Municipal cemetery; conveyance of lots
   3-603   Municipal cemetery; burial permit
   3-604   Municipal cemetery; reclamation

§ 3-601 MUNICIPAL CEMETERY; OPERATION AND FUNDING.

Bookmark§ 3-601  MUNICIPAL CEMETERY; OPERATION AND FUNDING.
   The municipality owns and manages the municipal cemetery through the Cemetery Board. The governing body, for the purpose of defraying the cost of the care, management, maintenance and beautification of the cemetery may 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 Cemetery Fund and shall include all gifts, grants, deeds of conveyance, bequests, money, stocks, bonds or other valuable income- producing personal property and real estate from any source for the purpose of endowing the cemetery. The Cemetery Fund shall at all times be in the custody of the Municipal Treasurer. The Board shall have the power and authority to hire and supervise such employees as it may deem necessary and to pass such rules and regulations for the operation of the Cemetery as may be proper for its efficient operation. All actions by the Board shall be under the supervision and control of the governing body.
(Neb. RS 12-301 through 12-403)

§ 3-602 MUNICIPAL CEMETERY; CONVEYANCE OF LOTS.

Bookmark§ 3-602  MUNICIPAL CEMETERY; CONVEYANCE OF LOTS.
   The governing body may convey cemetery lots by certificate signed by the Mayor, and countersigned by the Municipal Clerk under the municipal seal specifying that the person to whom the same is issued is the owner of the lot described therein by number for the purpose of interment. The said certificate shall give a right in fee simple to the proprietor, his or her heirs, and assigns. The certificate shall then be recorded in the office of the County Clerk.
(Neb. RS 17-941)

§ 3-603 MUNICIPAL CEMETERY; BURIAL PERMIT.

Bookmark§ 3-603  MUNICIPAL CEMETERY; BURIAL PERMIT.
   All persons desiring to bury a deceased person shall first be required to file a completed death certificate with the Registrar of the county before any body may be buried in the municipal cemetery. If it is impossible to complete the certificate of death within the legal period of time prescribed by state law, the funeral director shall notify the Registrar and obtain his or her written approval before the deceased person may be buried in the municipal cemetery. The burial permit so issued by the Registrar shall then be filed with the Municipal Clerk. It shall be unlawful for the sexton, or other person, to allow the interment of a body without first receiving such permit. The burial permit shall then be countersigned and dated by the sexton. The interment of any body shall be performed under the direct supervision of a licensed funeral director. The applicant shall also file with the burial permit an application containing the name, age, sex, race and cause of death of the deceased person for the records of the Cemetery Board. Upon completion of the requirements herein, the Municipal Clerk shall then issue a municipal burial permit which shall entitle the applicant to bury a deceased person in the municipal cemetery. In the event that the removal of the body of any deceased person is requested the Municipal Clerk shall issue no permit until the applicant shall have first complied with the laws of the State of Nebraska with respect to such disinterment.
(Neb. RS 71-605)

§ 3-604 MUNICIPAL CEMETERY; RECLAMATION.

Bookmark§ 3-604  MUNICIPAL CEMETERY; RECLAMATION.
   When any lot has been transferred by warranty deed or by a deed conveying a fee simple title, but there has been no burial in any such lot or subdivision thereof and no payment of annual assessments for a period of three years, the Cemetery Board with the sanction of the governing body, may reclaim the unused portion of such lot or subdivision after notifying the record owner or his or her heirs or assigns, if known, by certified mail and publishing notice of its intention to do so. Such notice shall be published once each week for four weeks in a newspaper of general circulation throughout the county in which the cemetery is located, shall describe the lot or subdivision proposed to be reclaimed, and shall be addressed to the person in whose name such portion stands of record or, if there is no owner of record, to all persons claiming any interest in such lot or subdivision. If no person appears to claim such lot or subdivision and pay all delinquent assessments with interest within 15 days after the last date of such publication, the Cemetery Board may by resolution reclaim such lot or subdivision. Such reclamation shall be complete upon a filing of a verified copy of such resolution, together with proof of publication, in the office of the Register of Deeds.
(Ord. 496, passed 11-11-1986)

ARTICLE 7: MUNICIPAL ELECTRICAL SYSTEM

BookmarkARTICLE 7:  MUNICIPAL ELECTRICAL SYSTEM
Section
   3-701   Municipal electrical system; ownership
   3-702   Municipal electrical system; contracts and terms
   3-703   Municipal electrical system; consumer’s application
   3-704   Municipal electrical system; electrical service contracts
   3-705   Municipal electrical system; licensed electricians
   3-706   Municipal electrical system; installation expense
   3-707   Municipal electrical system; electrical bills
   3-708   Municipal electrical system; fees and collections
   3-709   Municipal electrical system; minimum rates
   3-710   Municipal electrical system; restricted use
   3-711   Municipal electrical system; responsibility of landlord and tenant
   3-712   Municipal electrical system; building moving
   3-713   Municipal electrical system; posting signs
   3-714   Municipal electrical system; complaints
   3-715   Municipal electrical system; inspections
   3-716   Municipal electrical system; rates
   3-717   Municipal electrical system; delinquent payment

§ 3-701 MUNICIPAL ELECTRICAL SYSTEM; OWNERSHIP.

Bookmark§ 3-701  MUNICIPAL ELECTRICAL SYSTEM; OWNERSHIP.
   The municipality owns and operates the municipal electrical system through the Utilities Superintendent. The governing body, for the purpose of defraying the cost of the care, management and maintenance of the municipal electrical system may 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 corporate limits that is subject to taxation. The revenue from the said tax shall be known as the Electrical Fund and shall remain in the custody of the Municipal Treasurer. The Utilities Superintendent shall have the direct management and control of the municipal electrical system and shall faithfully carry out the duties of his or her office. He or she shall have the authority to adopt rules and regulations for the safe and efficient management of the electrical system subject to the supervision and review of the governing body. The governing body shall by resolution set the rates to be charged for services rendered and shall file the same in the office of the Municipal Clerk for public inspection at any reasonable time.
(Neb. RS 17-902 through 17-904, 17-906, 17-909)

§ 3-702 MUNICIPAL ELECTRICAL SYSTEM; CONTRACTS AND TERMS.

Bookmark§ 3-702  MUNICIPAL ELECTRICAL SYSTEM; CONTRACTS AND TERMS.
   The municipality through its Electrical Department, shall furnish electric current for light and power purposes to persons whose premises abut on any supply wire of the distribution system and may furnish electric current to such other persons within or without its corporate limits, as and when, according to law, its governing body may see fit to do so. The rules, regulations and rates for electric service, hereinafter named in this article, shall be considered a part of every application hereafter made for electric service and shall be considered a part of the contract between every consumer now served by the Electrical Department. Without further formality, the making of application on the part of any applicant or the use or consumption of electric energy by present customers and the furnishing of electric service to said applicant or customer shall constitute a contract between applicant or customer and the municipality, to which both parties are bound. If a customer should violate any of the provisions of said contract or any reasonable rules and regulations that the governing body may hereafter adopt, the Utilities Superintendent, or his or her agent, shall cut off or disconnect the electric service from the building or place of such violation and no further connection of electric service for such building or place shall again be made save or except by order of the Superintendent or his or her agent.

§ 3-703 MUNICIPAL ELECTRICAL SYSTEM; CONSUMER’S APPLICATION.

Bookmark§ 3-703  MUNICIPAL ELECTRICAL SYSTEM; CONSUMER’S APPLICATION.
   Every person or persons desiring electrical service must make application therefor to the Utilities Superintendent. Any rental applicant may be required to make a service deposit in such amount as deemed necessary subject to the review of the governing body. Electricity may not be supplied to any house or building except upon the written order of the Utilities Superintendent. The system shall not supply to any person outside the corporate limits electrical service without special permission from the governing body. Nothing herein shall be construed to obligate the municipality to supply electrical service to nonresidents.
(Neb. RS 17-902, 19-2701)

§ 3-704 MUNICIPAL ELECTRICAL SYSTEM; ELECTRICAL SERVICE CONTRACTS.

Bookmark§ 3-704  MUNICIPAL ELECTRICAL SYSTEM; ELECTRICAL SERVICE CONTRACTS.
   Contracts for electrical service are not transferable. Any person wishing to change from one location to another shall make a new application and sign a new contract. If any consumer shall sell, dispose or remove from the premises where service is furnished in his or her name, or if the said premises is destroyed by fire or other casualty, he or she shall at once inform the Utilities Superintendent who shall cause the electrical service to be shut off from the said premises. If the consumer should fail to give such notice, he or she shall be charged for all electricity used on the said premises until the Utilities Superintendent is otherwise advised of such circumstances.
(Neb. RS 17-902)

§ 3-705 MUNICIPAL ELECTRICAL SYSTEM; LICENSED ELECTRICIANS.

Bookmark§ 3-705  MUNICIPAL ELECTRICAL SYSTEM; LICENSED ELECTRICIANS.
   Under no circumstances shall connections be made between the wires of the electrical distribution system of this municipality and the meter of the consumer, except by an employee of the municipality or a licensed electrician authorized to do so by the Utilities Superintendent. The consumer may have wiring done by any competent licensed electrician from the meter to the points of distribution. All wiring, equipment and apparatus shall be installed according to the electrical code duly adopted by the municipality. All installation shall be done under the supervision and strictly in accordance with the rules, regulations and specifications for such installation prescribed by the Utilities Superintendent and Building Inspector; provided, that such rules, regulations and specifications have been reviewed and approved by the governing body.
(Neb. RS 17-902)

§ 3-706 MUNICIPAL ELECTRICAL SYSTEM; INSTALLATION EXPENSE.

Bookmark§ 3-706  MUNICIPAL ELECTRICAL SYSTEM; INSTALLATION EXPENSE.
   The expense of installation and equipment up to and including the electrical meter shall be paid by the municipality. The expense of installation and wiring from the meter to the points of distribution shall be the responsibility of the consumer. Maintenance and replacement expense shall be apportioned in the same manner; provided, that the consumer shall have the responsibility of installing the meter loop. In the event that the customer desires underground service, the municipality shall provide underground service only for the first 100 feet and it shall be the responsibility of the customer to provide for labor and materials beyond that point or, in the discretion of the Utilities Superintendent to compensate the municipality for the expense of extending service beyond that point. The municipality shall repair the meter and wires leading to the meter. The customer shall have the responsibility for repairing the wires and appurtenances from the meter to the point of distribution.
(Neb. RS 17-902)

§ 3-707 MUNICIPAL ELECTRICAL SYSTEM; ELECTRICAL BILLS.

Bookmark§ 3-707  MUNICIPAL ELECTRICAL SYSTEM; ELECTRICAL BILLS.
Editor's Note:
   For provisions on discontinuance of service and notice procedure, see § 3-901
   For provisions on utilities generally, see Chapter 3, Article 9

§ 3-708 MUNICIPAL ELECTRICAL SYSTEM; FEES AND COLLECTIONS.

Bookmark§ 3-708  MUNICIPAL ELECTRICAL SYSTEM; FEES AND COLLECTIONS.
   The governing body has the power and authority to fix the rates to be paid by electrical consumers for the use of electricity. All rates shall be on file for public inspection at the office of the Municipal Clerk.
(Neb. RS 17-902)

§ 3-709 MUNICIPAL ELECTRICAL SYSTEM; MINIMUM RATES.

Bookmark§ 3-709  MUNICIPAL ELECTRICAL SYSTEM; MINIMUM RATES.
   All electrical consumers shall be liable for the minimum rate provided by ordinance unless and until the consumer shall, by written order direct the Utilities Superintendent to shut off the electricity in which case he or she shall not be liable thereafter for electrical service until the electricity is turned on again.
(Neb. RS 17-902)

§ 3-710 MUNICIPAL ELECTRICAL SYSTEM; RESTRICTED USE.

Bookmark§ 3-710  MUNICIPAL ELECTRICAL SYSTEM; RESTRICTED USE.
   The municipal electrical system does not guarantee the delivery of electric current over the lines of the distribution system except when it has sufficient power, current, equipment and machinery to do so. The Utilities Superintendent has the power and authority to disconnect or discontinue such service for any good and sufficient reason without liability. The municipality shall use due care and reasonable diligence to provide and supply uninterrupted service to consumers, but shall not be liable for damages resulting from interruption of service due to causes over which the municipality has no control and the municipality expressly reserves the right to discontinue or disconnect any consumer’s service without preliminary notice.
(Neb. RS 17-902)

§ 3-711 MUNICIPAL ELECTRICAL SYSTEM; RESPONSIBILITY OF LANDLORD AND TENANT.

Bookmark§ 3-711  MUNICIPAL ELECTRICAL SYSTEM; RESPONSIBILITY OF LANDLORD AND TENANT.
   (A)   In cases of residential, commercial or industrial rental properties, the property owner and the tenant or occupant shall be jointly responsible for payment of bills for electrical service. The City Clerk shall first attempt to collect the bill from the tenant, and if payment is not voluntarily made by the tenant, then the City Clerk may look to the property owner for payment. The tenant or occupant’s service deposit and any other payments shall be first applied to the account before collection of the account balance from the property owner. In case of delinquency, the property owner shall be provided a copy of the notice of delinquency required in § 3-707 and notice of intent to terminate service under § 3-901.
   (B)   Unpaid accounts for water, sewer and solid waste collection services may be filed as liens against the property as provided in §§ 3-109, 3-220 and 5-609, and the property owner shall be provided copies of all notices required in those sections.
(Ord. 775, passed 4-12-2004)

§ 3-712 MUNICIPAL ELECTRICAL SYSTEM; BUILDING MOVING.

Bookmark§ 3-712  MUNICIPAL ELECTRICAL SYSTEM; BUILDING MOVING.
   Should any house or building moving occur or be necessary and it becomes necessary in said work to remove or disturb any of the property or wires of the municipal electrical system, the same should not be done except upon written permission received from the Utilities Superintendent, who shall then order paid in advance the actual cost of moving the said wires and such cost shall be paid by the applicant prior to the moving of the building or house. All expense of removing, changing and replacing the said wires or apparatus of the electrical system shall be paid out of the deposit made prior to moving and any surplus remaining after all expenses are paid shall be returned to the applicant; provided, that if in the course of moving the said building or house it becomes apparent that additional expense will be incurred, such additional deposit as deemed necessary may be demanded.

§ 3-713 MUNICIPAL ELECTRICAL SYSTEM; POSTING SIGNS.

Bookmark§ 3-713  MUNICIPAL ELECTRICAL SYSTEM; POSTING SIGNS.
   It shall be unlawful for any person to post, tack or fasten to the poles, structures, fixtures or equipment of the municipal electrical system any sign, poster, advertisement or banner without written permission from the Utilities Superintendent.

§ 3-714 MUNICIPAL ELECTRICAL SYSTEM; COMPLAINTS.

Bookmark§ 3-714  MUNICIPAL ELECTRICAL SYSTEM; COMPLAINTS.
   Any consumer feeling himself or herself aggrieved by reason of any controversy with the Utilities Superintendent may appear before the governing body and present his or her grievance. Any consumer who considers himself or herself aggrieved by being required to pay the charge demanded for the use of electricity, or for the resumption of electric service after the same shall have been shut off, shall pay such charge under protest, in which event the Municipal Clerk shall write on the receipt given such customer the words, “Paid Under Protest.” Such consumer may then present his or her verified claim in the manner provided for presenting claims to the governing body for a refund of the amount so paid under protest. Such claims shall then be considered by the governing body in the same manner as other claims against the municipality.

§ 3-715 MUNICIPAL ELECTRICAL SYSTEM; INSPECTIONS.

Bookmark§ 3-715  MUNICIPAL ELECTRICAL SYSTEM; INSPECTIONS.
   The Utilities Superintendent or his or her duly authorized agents shall have free access at any reasonable time to each premises and building to or in which electricity is supplied; provided, that in the event of an emergency, such inspections may take place at any time.
(Neb. RS 17-902)

§ 3-716 MUNICIPAL ELECTRICAL SYSTEM; RATES.

Bookmark§ 3-716  MUNICIPAL ELECTRICAL SYSTEM; RATES.
   (A)   Each person desiring a supply of electric current must make application therefor to the Municipal Clerk upon blanks to be furnished by and for that purpose by the city. The application must state all uses to which the electric current is to be applied and no additional use will be allowed except by permission of the Utilities Superintendent. Not more than one house or building shall be supplied from one connection except by special permission of the Utilities Superintendent. The residential rates as hereinafter fixed shall apply for current used for residential lighting and other household electrical appliances. The general service rates fixed herein shall apply for current used for commercial and industrial purposes.
   (B)   The following are established as a tariff for residential, general service, churches, irrigation and street lighting rates for consumers of electric service from the electric distribution system of the city:
      (1)   Residential.
 
First 600 KWH/month (summer)
$0.1119/KWH
First 600 KWH/month (winter)
$0.1164/KWH
Balance (summer)
$0.1241/KWH
Balance (winter)
$0.0748/KWH
Meter charge
$ 9.10/month
 
      (2)   General service.
 
First 1,100 KWH/month
$0.1209/KWH
Balance (summer)
$0.1271 /KWH
Balance (winter)
$0.0919/KWH
Meter charge (single-phase)
$13.90/month
Meter charge (3-phase)
$25.55/month
 
      (3)   Churches. Same as residential rates.
      (4)   All electric: residential.
         (a)   Winter.
 
First 600 KWH/month
$0.0706/KWH
All in excess of first 600
   KWH/month
$0.0540/KWH
   Meter charge
$9.10/month
 
         (b)   Summer.
 
All KWH/month
$0.1123/KWH
Meter charge
$9.10/month
 
      (5)   All electric: general services.
         (a)   Winter.
 
First 1,100 KWH/month
$0.0752/KWH
All in excess of first 1,100
   KWH/month
$0.0585/KWH
   Meter charge
$13.90/month
 
         (b)   Summer.
 
All KWH/month
$0.1169/KWH
Meter charge
$13.90/month
 
      (6)   Municipal residential facilities.
 
All KWH/month
$0.0888/KWH
Meter charge
$9.10/month
 
      (7)   Irrigation wells.
 
Energy charge
$0.0747/KWH
Horsepower charge (annual chg)
$52.33/hp
Standby charge for inactive wells
$140.01/season
 
      (8)   General service demand.
 
Demand charge
$14.33/KW
Energy charge
$0.0536/KWH
Meter charge
$41.65/month
Ratchet charge
65%
The minimum bill for general service demand shall be the meter and energy charge plus the greater of the demand charge for the current month or the demand charge associated with 65% of the maximum summer billing demand for the previous 11 months.
 
      (9)   Street lights. Flat rate of 8.40 cents per KWH.
   (C)   In all instances where summer rates and winter rates are applicable in this section, winter rates shall apply from the fifteenth of October through the fifteenth of May, and summer rates shall apply from the sixteenth of May through the fourteenth of October.
   (D)   The meter charge shall be assessed for each electric meter held by each customer of the municipal electric distribution system.
   (E)   The Mayor and Council may by resolution or motion make adjustments of the rates to be charged to customers of the electric distribution system to reflect periodic fluctuations in the cost of purchased power. Such adjustments shall be temporary and shall remain in effect only until further adjustments are necessary or until subsequent amendment of this section of the municipal code.
   (F)   All bills for electric use shall be due and payable on the fifteenth day of each month, without notice, at the office of the City Clerk. In no case shall the minimum charge for any use of electric energy be less than the minimum amounts herein provided for any respective type of electric use.
   (G)   When electric service to any meter has been disconnected for any reason, the customer shall pay a reconnection fee of $25 for restoration of service.
(Ord. 299, passed 7-8-1974; Ord. 344, passed 5-8-1978; Ord. 371, passed 10-8-1979; Ord. 592, passed 8-8-1994; Ord. 706, passed 11-13-2000; Ord. 747, passed 1-13-2003; Ord. 815, passed 10-8-2007; Ord. 824, passed 9-14-2009; Ord. 830, passed 12-22-2009; Ord. 847, passed 1-10-2011 ; Ord. 860, passed 1-9-2012; Ord. 873, passed 1-14-2013; Ord. 876, passed 6-10-2013; Ord. 886, passed 12-9-2013)

§ 3-717 MUNICIPAL ELECTRICAL SYSTEM; DELINQUENT PAYMENT.

Bookmark§ 3-717  MUNICIPAL ELECTRICAL SYSTEM; DELINQUENT PAYMENT.
   All bills for the furnishing of electric light and power shall be due and payable not later than 5:00 p.m. on the fifteenth day of each month. If such bills for electric light and power shall remain unpaid at 5:00 p.m. on the fifteenth day of the month, the same shall be declared delinquent, and the Municipal Collector shall add to the amount of such bill a penalty charge for late payment equal to 10% of the amount of such bill, and such penalty charge shall be added to and made a part of such delinquent electric light and power bill. The Municipal Collector shall collect the penalty charge at the time the bill is paid, and shall not accept payment of the bill without payment of the penalty charge.
(Ord. 355, passed 8-13-1979; Ord. 694, passed 8-9-1999)

ARTICLE 8: COGENERATION

BookmarkARTICLE 8:  COGENERATION
Section
   3-801   Cogeneration; definitions
   3-802   Cogeneration; rates for sales to qualifying facilities
   3-803   Cogeneration; energy conversation system for in excess of 100 kw
   3-804   Cogeneration; guidelines for energy conversion system for 100 kw or less

§ 3-801 COGENERATION; DEFINITIONS.

Bookmark§ 3-801  COGENERATION; DEFINITIONS.
   For the purposes of this article the following definitions shall be applicable.
   AVOIDED COSTS. The incremental costs of capacity or energy or both that the utility would, but for purchases from qualifying facilities, generate itself or purchase from another source.
   COGENERATION FACILITY. A facility which produces:
      (1)   Electric energy; and
      (2)   Steam or forms of useful energy (such as heat) which are used for industrial, commercial, heating or cooling purposes.
   QUALIFYING COGENERATION FACILITY. A cogeneration facility which:
      (1)   The Commission determines, by rule, meets such requirements (including requirements
respecting minimum size, fuel use and fuel efficiency) as the Commission may, by rule, prescribe; and
      (2)   Is owned by a person not primarily engaged in the generation or sale of electric power (other than electric power solely from cogeneration facilities or small power production facilities).
   QUALIFYING SMALL POWER PRODUCTION FACILITY. A small power production facility:
      (1)    Which the Commission determines, by rule, meets such requirements (including requirements respecting fuel use, fuel efficiency and reliability) as the Commission may, by rule, prescribe; and
      (2)   Which is owned by a person not primarily engaged in the generation or sale of electric  power (other than electric power solely from cogeneration facilities or small power production facilities).
   SMALL POWER PRODUCTION FACILITY. A facility which:
      (1)   Produces electric energy solely by the use, as a primary energy source, of biomass, waste, renewable resources, or any combination thereof; and
      (2)   Has a power production capacity which, together with any other facilities located at the same site (as determined by the Federal Energy Regulatory Commission, hereinafter called the Commission), is not greater than 80 megawatts.
(Ord. 386, passed 3-10-1981)

§ 3-802 COGENERATION; RATES FOR SALES TO QUALIFYING FACILITIES.

Bookmark§ 3-802  COGENERATION; RATES FOR SALES TO QUALIFYING FACILITIES.
   Rates for sales to qualifying facilities shall be just and reasonable and in the public interest and shall not discriminate against any qualifying facility in comparison to rates for sale to other customers served by the electric utility. In determining a sales rate, the city will give consideration to the class of service being provided and apply a rate applicable to such service class.
(Ord. 386, passed 3-10-1981)

§ 3-803 COGENERATION; ENERGY CONVERSATION SYSTEM FOR IN EXCESS OF 100 KW.

Bookmark§ 3-803  COGENERATION; ENERGY CONVERSATION SYSTEM FOR IN EXCESS OF 100 KW.
   In order to interconnect and operate in parallel with the electric system of the city, cogeneration and small power production facilities in excess of 100 kw shall:
   (A)   Submit a written request to the city setting forth in detail the proposed interconnection and operation of such facility and all such other in formation as may be requested by the city.
   (B)   The parties shall review such request in detail and attempt to reach a definitive agreement to include all the terms and conditions for interconnection and operation including services and payments to be made therefore provided by each party.
(Ord. 386, passed 3-10-1981)

§ 3-804 COGENERATION; GUIDELINES FOR ENERGY CONVERSION SYSTEM FOR 100 KW OR LESS.

Bookmark§ 3-804  COGENERATION; GUIDELINES FOR ENERGY CONVERSION SYSTEM FOR 100 KW OR LESS.
   These guidelines set forth the requirements for electric service installations where the customer installs an energy conversion system (ECS) in parallel with municipal electric service to the customer’s service entrance panel(s). These guidelines may be changed or amended from time to time.
   (A)   Electrical requirements.
      (1)   The interconnection (city) shall be electrically located on the customer’s side of the city KWH meters and the customer’s main circuit breaker installed for this purpose.
      (2)   The power generated by the customer’s ECS must not introduce distortion to the system voltage or current waveform that causes, or can reasonably be expected to cause, any perceptible annoying effects or damage to equipment owned by any other customer or to city owned equipment.
      (3)   The ECS shall have an automatic disconnecting device which instantly disconnects the customer’s generator from the city supply system in case of a power outage of the city supply system, or a city overhead/underground service break. (The reliability of this automatic circuit breaker must be assured through regular testing and maintenance.)
      (4)   The ECS shall have automatic synchronizing equipment.
      (5)   The customer shall furnish and install a manually operated and safe disconnect switch, accessible to city personnel, the opening of which would isolate the ECS. This switch is to be enclosed in a metal box which can be secured in the open position with a padlock. The city reserves the right to open this disconnect switch, without prior notice to the customer for any of the following reasons:
         (a)   System emergency operations require such action;
         (b)   City inspection of customer’s ECS reveal a hazardous condition, or an apparent lack of maintenance that might effect the safe operation of the ECS;
         (c)   The ECS interferes in any way with the electrical service provided other customers of the city, or with the operation of any city-owned equipment; or
         (d)   City servicing of its distribution system.
   (B)   Customer approval.
      (1)   The customer shall submit, for city approval and files, a complete “request for service” which will be made available to the customer upon request.
      (2)   The customer shall also submit detailed electrical diagrams and description of the operation of the proposed ECS, its protective features and method of interconnection with the city service voltage bus.
      (3)   Both the customer and the city shall execute an “agreement for electric service” provided by the city.
   (C)   Meter requirements.
      (1)   The customer shall be responsible for and pay for all wiring and equipment for the installation of any additional service meters required by the city. At existing locations, the meter mounting equipment shall be installed as close as practicable to the existing service meter. For new installations, meter mounting equipment for all meters shall be installed. All meters shall be the property of the city when installed. The city for a new installation will furnish one meter, with additional meters to be paid for by the customer.
      (2)   The city will maintain two KWH meters equipped with detents to prevent reverse rotation. One meter will measure energy into the customer’s premises from the city system and the second will record energy flow back into the city system from the ECS.
   (D)   Purchased power cost basis.
      (1)   The city will determine the purchase price of electric service purchased from the customer on the basis of avoided cost.
      (2)   To determine what avoided cost may be for the city, there are a number of factors to be considered and these factors should be included in an agreement between the city and the customer. The following factors are among the most apparent and normal items for consideration:
         (a)   Capacity costs, when and if capacity costs of the city will be avoided. Reliability of the ECS which the city can rely upon to meet loads during peak power periods; ands
         (b)   Energy costs, what energy production is displaced or avoided by the ECS. Time periods may be established since costs will vary with time periods. However, to accomplish some form of time pricing will require energy segregation by hourly time periods through the use of special metering, which the customer must weigh against an average avoided cost, without regard to hourly time periods. In the event special metering is installed to segregate energy for hourly time periods, such special metering will be furnished and installed by the city and the total cost thereof shall be paid by the customer to the city.
(Ord. 386, passed 3-10-1981)

ARTICLE 9: UTILITIES GENERALLY

BookmarkARTICLE 9:  UTILITIES GENERALLY
Section
   3-901   Utilities generally; discontinuance of service, notice procedure
   3-902   Utilities generally; diversion of services; civil action
   3-903   Utilities generally; diversion of services, meter tampering, unauthorized reconnection, prohibited; evidence
   3-904   Utilities generally; denial of utility service; when prohibited

§ 3-901 UTILITIES GENERALLY; DISCONTINUANCE OF SERVICE, NOTICE PROCEDURE.

Bookmark§ 3-901  UTILITIES GENERALLY; DISCONTINUANCE OF SERVICE, NOTICE PROCEDURE.
   (A)   For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
      DOMESTIC SUBSCRIBER. Shall not include municipalities, cities, villages, political subdivisions, companies, corporations, partnerships, limited liability companies, or businesses of any nature.
(Neb. RS 70-1602)
   (B)   No public or private utility company, including any utility owned and operated by the city, furnishing water, natural gas, or electricity at retail in this city shall discontinue service to any domestic subscriber for nonpayment of any past-due account unless the utility company first gives notice by first-class mail or in person to any subscriber whose service is proposed to be terminated. If notice is given by first-class mail, such mail shall be conspicuously marked as to its importance. Service shall not be discontinued for at least seven days after notice is sent or given. Holidays and weekends shall be excluded from the seven days. As to any subscriber who has previously been identified as a welfare recipient to the company by the Department of Health and Human Services, such notice shall be by certified mail and notice of such proposed termination shall be given to the department.
(Neb. RS 70-1605)
   (C)   The notice required by division (A) shall contain the following information:
      (1)   The  reason  for  the  proposed  disconnection;
      (2)   A statement of the intention to disconnect unless the domestic subscriber either pays the bill or reaches an agreement with the utility regarding payment of the bill;
      (3)   The date upon which service will be disconnected if the domestic subscriber does not take appropriate action;
      (4)   The name, address, and telephone number of the utility's employee or department to whom the domestic subscriber may address an inquiry or complaint;
      (5)   The domestic subscriber's right, prior to the disconnection date, to request a conference regarding any dispute over such proposed disconnection;
      (6)   A statement that the utility may not disconnect service pending the conclusion of the conference;
      (7)   A statement to the effect that disconnection may be postponed or prevented upon presentation of a duly licensed physician's certificate which shall certify that a domestic subscriber or resident within such subscriber's household has an existing illness or handicap which would cause such subscriber or resident to suffer an immediate and serious health hazard by the disconnection of the utility's service to that household.  Such certificate shall be filed with the utility within five days of receiving notice under this section and will prevent the disconnection of the utility's service for a period of 30 days from such filing.  Only one postponement of disconnection shall be allowed under this division for each incidence of nonpayment of any past-due account;
      (8)   The cost that will be borne by the domestic subscriber for restoration of service;
      (9)   A statement that the domestic subscriber may arrange with the utility for an installment payment plan;
      (10)   A statement to the effect that those domestic subscribers who are welfare recipients may qualify for assistance in payment of their utility bill and that they should contact their caseworker in that regard; and
      (11)   Any additional information not inconsistent with this section which has received prior approval from the City Council or Board of Public Works, in the case of a city utility, or the board of directors or administrative board of any other utility.
(Neb. RS 70-1606)
   (D)   The utility shall establish a third-party notice procedure for the notification of a designated third party of any proposed discontinuance of service and shall advise its subscribers, including new subscribers, of the availability of such procedures.
(Neb. RS 70-1607)
   (E)   The provisions of Neb. RS 70-1608 through 70-1614 shall apply to disputes over a proposed discontinuance of service.
   (F)   The procedures adopted for resolving utility bills by the City Council or Board of Public Works for any city utility, one copy of which is on file in the office of the City Clerk, are hereby incorporated by reference in addition to any amendments thereto and are made a part of this section as though set out in full.
   (G)   This section shall not apply to any disconnections or interruptions of services made necessary by the utility for reasons of repair or maintenance or to protect the health or safety of the domestic subscriber or of the general public.
(Neb. RS 70-1615)
(Ord. 359, passed 9-10-1979; Ord. 463, passed 8-14-1984; Ord. 580, passed 3-8-1993; Ord. 614, passed 8-14-1995; Ord. 652, passed 6-9-1997)

§ 3-902 UTILITIES GENERALLY; DIVERSION OF SERVICES; CIVIL ACTION.

Bookmark§ 3-902  UTILITIES GENERALLY; DIVERSION OF SERVICES; CIVIL ACTION.
   (A)   For purposes of this section, the definitions found in Neb. RS 25-21,275 shall apply.
   (B)   (1)   The city utility may bring a civil action for damages against any person who commits, authorizes, solicits, aids, abets, or attempts bypassing, tampering, or unauthorized metering, when that act results in damages to the utility.  A city utility may bring a civil action for damages pursuant to this section against any person receiving the benefit of utility service through means of bypassing, tampering, or unauthorized metering.
      (2)   In any civil action brought pursuant to this section, the city utility shall be entitled, upon proof of willful or intentional bypassing, tampering, or unauthorized metering, to recover as damages:
         (a)   The amount of actual damage or loss if the amount of the damage or loss is susceptible of reasonable calculation; or
         (b)   Liquidated damages of $750 if the amount of actual damage or loss is not susceptible of reasonable calculation.
      (3)   In addition to damage or loss under division (B)(2)(a) or (B)(2)(b), the utility may recover all reasonable expenses and costs incurred on account of the bypassing, tampering, or unauthorized metering including, but not limited to, disconnection, reconnection, service calls, equipment, costs of the suit, and reasonable attorneys’ fees in cases within the scope of Neb. RS 25-1801.
(Neb. RS 25-21,276)
   (C)   (1)   There shall be a rebuttable presumption that a tenant or occupant at any premises where bypassing, tampering, or unauthorized metering is proven to exist caused or had knowledge of that bypassing, tampering, or unauthorized metering if the tenant or occupant:
         (a)   Had access to the part of the utility supply system on the premises where the bypassing, tampering, or unauthorized metering is proven to exist; and
         (b)   Was responsible or partially responsible for payment, either directly or indirectly, to the utility or to any other person for utility services to the premises.
      (2)   There shall be a rebuttable presumption that a customer at any premises where bypassing, tampering, or unauthorized metering is proven to exist caused or had knowledge of that bypassing, tampering, or unauthorized metering if the customer controlled access to the part of the utility supply system on the premises where the bypassing, tampering, or unauthorized metering was proven to exist.
(Neb. RS 25-21,277)
   (D)   The remedies provided by this section shall be deemed to be supplemental and additional to powers conferred by existing laws.  The remedies provided in this section are in addition to and not in limitation of any other civil or criminal statutory or common-law remedies.
(Neb. RS 25-21,278)
(Ord. 440, passed 10-11-1983; Ord. 758, passed 3-10-2003)

§ 3-903 UTILITIES GENERALLY; DIVERSION OF SERVICES, METER TAMPERING, UNAUTHORIZED RECONNECTION, PROHIBITED; EVIDENCE.

Bookmark§ 3-903  UTILITIES GENERALLY; DIVERSION OF SERVICES, METER TAMPERING, UNAUTHORIZED RECONNECTION, PROHIBITED; EVIDENCE.
   (A)   It is an offense for any person to do any of the following:
      (1)   To connect any instrument, device, or contrivance with any wire supplying or intended to supply electricity or electric current or to connect any pipe or conduit supplying gas or water, without the knowledge and consent of any city utility supplying such products or services, in such a manner that any portion thereof may be supplied to any instrument by or at which electricity, electric current, gas, or water may be consumed without passing through the meter made or provided for measuring or registering the amount or quantity thereof passing through it;
      (2)   To knowingly use or knowingly permit the use of electricity, electric current, gas, or water obtained unlawfully pursuant to this section;
      (3)   To reconnect electrical, gas, or water service without the knowledge and consent of any city utility supplying such service if the service has been disconnected pursuant to Neb. RS 70-1601 through 70-1615 or § 3-901 code; or
      (4)   To willfully injure, alter, or by any instrument, device, or contrivance in any manner interfere with or obstruct the action or operation of any meter made or provided for measuring or registering the amount or quantity of electricity, electric current, gas, or water passing through it, without the knowledge and consent of any city utility supplying the electricity, electric current, gas, or water passing or intended to pass through the meter.
   (B)   Proof of the existence of any wire, pipe, or conduit connection or reconnection or of any injury, alteration, interference, or obstruction of a meter is prima facie evidence of the guilt of the person in possession of the premises where that connection, reconnection, injury, alteration, interference, or obstruction is proved to exist.
(Neb. RS 28-515.02)  (Ord. 622, passed 1-8-1996; Ord. 757, passed 3-10-2003)

§ 3-904 UTILITIES GENERALLY; DENIAL OF UTILITY SERVICE; WHEN PROHIBITED.

Bookmark§ 3-904  UTILITIES GENERALLY; DENIAL OF UTILITY SERVICE; WHEN PROHIBITED.
   No applicant for the services of a public or private utility company furnishing water, natural gas or electricity at retail in this municipality shall be denied service because of unpaid bills for similar service which are not collectible at law because of statutes of limitation or discharge in bankruptcy proceedings.
(Neb. RS 70-1601)  (Ord. 690, passed 5-10-1999)

ARTICLE 10: PENAL PROVISION

BookmarkARTICLE 10:  PENAL PROVISION
Section
   3-1001   Violations; penalty

§ 3-1001 VIOLATIONS; PENALTY.

Bookmark§ 3-1001  VIOLATIONS; PENALTY.
   (A)   Any person, or any person’s agent or servant, who violates any of the provisions of this chapter, unless otherwise specifically provided herein, shall be deemed guilty of an offense and upon conviction thereof shall be fined in any sum not exceeding $500. A new violation shall be deemed to have been committed every 24 hours of failure to comply with the provisions of this chapter.
   (B)   (1)   Whenever a nuisance exists as defined in this code of ordinances, the municipality may proceed by a suit in equity to enjoin, abate and remove the same in the manner provided by law.
      (2)   Whenever, in any action, it is established that a nuisance exists, the court may, together with the fine or penalty imposed, enter an order of abatement as a part of the judgment in the case.
(Neb. RS 17-505, 18-1720, 18-1722)  (Ord. 710, passed 10-9-2000)

CHAPTER 4: HEALTH AND SANITATION

BookmarkCHAPTER 4:  HEALTH AND SANITATION
   Article
      1.   GENERAL PROVISIONS
      2.   GARBAGE DISPOSAL
      3.   NUISANCES AND POLLUTION
      4.   JUNK YARDS
      5.   SOLID WASTE DISPOSAL
      6.   PENAL PROVISION

ARTICLE 1: GENERAL PROVISIONS

BookmarkARTICLE 1:  GENERAL PROVISIONS
Section
   4-101   Health; regulations
   4-102   Health; enforcement official
   4-103   Health; County Health Board

§ 4-101 HEALTH; REGULATIONS.

Bookmark§ 4-101  HEALTH; REGULATIONS.
   For the purpose of promoting the health and safety of the residents of the municipality, the Board of Health shall, from time to time, adopt such rules and regulations relative thereto and shall make such inspections prescribe such penalties, and make such reports as may be necessary toward that purpose.
(Neb. RS 17-121)

§ 4-102 HEALTH; ENFORCEMENT OFFICIAL.

Bookmark§ 4-102  HEALTH; ENFORCEMENT OFFICIAL.
   The Municipal Police Chief shall be the health officer of the municipality. It shall be his or her duty to notify the governing body of health nuisances and of every case of contagious, infectious or malignant disease.

§ 4-103 HEALTH; COUNTY HEALTH BOARD.

Bookmark§ 4-103  HEALTH; COUNTY HEALTH BOARD.
   It shall be the duty of the Board of Health to work closely with the County Health Board in protecting the health and welfare of the residents of the municipality.

ARTICLE 2: GARBAGE DISPOSAL

BookmarkARTICLE 2:  GARBAGE DISPOSAL
Section
   4-201   Garbage disposal; unlawful deposit
   4-202   Garbage and trash disposal; bagging or other packaging required

§ 4-201 GARBAGE DISPOSAL; UNLAWFUL DEPOSIT.

Bookmark§ 4-201  GARBAGE DISPOSAL; UNLAWFUL DEPOSIT.
   It shall be unlawful for any person to deposit or dispose of any garbage, trash or waste material upon any street or alley within the municipality, or to keep or expose the same on any private premises within the municipality. It shall also be unlawful to deposit or dispose of the same in any manner contrary to the rules and regulations to be established by the governing body.
(Neb. RS 19-2106)

§ 4-202 GARBAGE AND TRASH DISPOSAL; BAGGING OR OTHER PACKAGING REQUIRED.

Bookmark§ 4-202  GARBAGE AND TRASH DISPOSAL; BAGGING OR OTHER PACKAGING REQUIRED.
   All household garbage, trash, paper products, newspapers or other items which may be blown about by winds shall be placed in disposable trash bags or shall be tightly baled or firmly tied into bundles before being deposited in the city’s sanitary landfill; provided, that this requirement shall not apply to grass and garden clippings, leaves, tree branches or other items of a similar nature which do not cause litter upon or harm to the environment if winds should blow them out of the landfill.
(Ord. 499, passed 5-11-1987)

ARTICLE 3: NUISANCES AND POLLUTION

BookmarkARTICLE 3:  NUISANCES AND POLLUTION
Section
   4-301   Nuisances; purpose and definitions
   4-302   Nuisances; abatement services and notice procedure for nuisances
   4-303   Nuisances; enforcement procedure
   4-304   Nuisances; recovery of expenses
   4-305   Water pollution; prohibited
   4-306   Nuisances; adjoining land owners; intervention before trial
   4-307   Unsafe buildings; special assessments
   4-308   Nuisances; dead or diseased trees
   4-309   Nuisances; weeds; litter; stagnant water

§ 4-301 NUISANCES; PURPOSE AND DEFINITIONS.

Bookmark§ 4-301  NUISANCES; PURPOSE AND DEFINITIONS.
   (A)   Purpose. The city, by §§ 4-301 through 4-304 defines its authority to define, regulate, suppress and prevent nuisances, and to declare what shall be a nuisance for its jurisdiction and to provide services to abate same for the health and sanitation of the city.
   (B)   Definitions.  For purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      (1)   NUISANCE. A nuisance consists in doing any unlawful act, or omitting to perform a duty, or suffering or permitting any condition or thing to be or exist, which act, omission, condition or thing:
         (a)   Injures or endangers the comfort, repose, health, or safety of others;
         (b)   Offends decency;
         (c)   Is offensive to the senses;
         (d)   Unlawfully interferes with, obstructs, tends to obstruct, or renders dangerous for passage any stream, public park, parkway, square, street, or highway in the municipality;
         (e)   In any way renders other persons insecure in life or the use of property; or
         (f)   Essentially interferes with the comfortable enjoyment of life and property; or
         (g)   Tends to depreciate the value of the property of others.
      (2)   NUISANCE includes, but is not limited to. the maintaining, using, placing, depositing, leaving, or permitting of any of the following specific acts, omissions, places, conditions, and things of:
         (a)   Any odorous, putrid, unsound, or unwholesome grain, meat, hides, skins, feathers, vegetable matter, or the whole or any part of any dead animal, fish, or fowl;
         (b)   The emission of smoke, dust, fumes, gases, mists, odors, or polluted air from any source that is injurious or dangerous to human health and safety;
         (c)   Privies, vaults, cesspools, dumps, pits, or like places which are not securely protected from flies or rats or other insects and rodents, or which are foul or malodorous;
         (d)   Filthy, littered, or trash-covered cellars, house yards, barnyards, stable-yards, factory-yards, mill yards, vacant areas in the rear of stores, granaries, vacant lots, houses, buildings, or premises;
         (e)   Dead animals or dead animals buried within the corporate limits;
         (f)   Animal manure in any quantity which is not securely protected from flies and the elements, or which is kept or handled in violation of any ordinance of the municipality;
         (g)   Hauling any garbage, waste, or refuse matter through the streets, alleys, and public ways except when the same is loaded and conveyed in such a way when none of the contents shall be spilled;
         (h)   Liquid household waste, human excreta, garbage, butcher's trimmings and offal, parts offish, or any waste vegetable or animal matter in any quantity. Nothing herein contained shall prevent the temporary retention of waste in receptacles nor the dumping of non-putrefying waste in a place and manner approved by the approved by the municipality;
         (i)   Tin cans, bottles, glass, cans, ashes, small pieces of scrap iron, wire metal articles, bric-a-brac, broken stone or cement, broken crockery, broken glass, broken plaster, and all trash or abandoned material, unless the same be kept in covered bins or galvanized iron receptacles;
         (j)   Trash, litter, rags, accumulations of barrels, boxes, crates, packing crates, mattresses, bedding, excelsior, packing hay, straw or other packing material, lumber not neatly piled, scrap iron, tin or other metal not neatly piled, old automobiles or parts thereof, or any other waste materials when any of the articles or materials create a condition in which flies or rats or other insects or rodents may breed or multiply, or which may be a fire danger, or which are so unsightly as to depreciate property values in the vicinity;
         (k)   Any unsafe building, unsightly building, billboard, or other structure, or any old, abandoned or partially destroyed building or structure or any building or structure commenced and left unfinished, which buildings, billboards, or other structures are a fire hazard, or a menace to the public health or safety, or are so unsightly as to depreciate the value of property in the vicinity;
         (l)   All places used or maintained as junk yards, or dumping grounds, or for the wrecking and dissembling of automobiles, trucks, tractors, or machinery of any kind, or for the storing or leaving of worn-out, wrecked or abandoned automobiles, trucks, tractors, or machinery of any kind, or of any of the parts thereof, or for the storing or leaving of any machinery or equipment used by contractors or builders or by other persons, which places are kept or maintained so as to essentially interfere with the comfortable enjoyment of life or property by others, or which are so unsightly as to tend to depreciate property values in the vicinity thereof;
         (m)   Stockyards, granaries, mills, pig pens, cattle pens, chicken pens or any other place, building or enclosure, in which animals or fowls of any kind are confined or on which are stored tankage or any other animal or vegetable matter, or on which any animal or vegetable matter including grain is being processed, when the places in which the animals are confined, or the premises on which the vegetable or animal matter is located, are maintained and kept in such a manner that foul and noxious odors are permitted to emanate therefrom to the annoyance of inhabitants of the municipality, or are maintained and kept in such a manner as to be injurious to the public health;
         (n)   Dead or diseased trees within the right-of-way of streets within the corporate limits of the city, or on private property within the one mile zoning jurisdiction beyond the corporate limits;
         (o)   Undrained lots which hold or may hold stagnant water or any other nuisance;
         (p)   Any condition which allows the perpetuating of insects and rodents;
         (q)   Storage, accumulation, keeping, placing, or allowing to remain trash, garbage, scrap and wrecked, worn-out, broken or inoperative, or partially destroyed or disassembled personal or real property of any kind, including any junk or abandoned motor vehicles, tractors, trailers, machinery, and equipment;
         (r)   Any vehicle which is not properly registered, or is inoperable, wrecked, junked, or partially dismantled and remaining longer than 30 days on private property. This does not apply to a vehicle in an enclosed building, a vehicle on the premises of a business enterprise operated in a lawful place and manner, when necessary to the lawful operation of such business enterprise (such as a licensed salvage dealer, motor vehicle dealer, or farm implement dealer), or a vehicle in an appropriate storage place or depository maintained in a lawful place and manner, and so long as the premises which said vehicle is located is not a nuisance and is maintained in a healthful and safe condition. VEHICLE means the same as defined by Neb. RS 60-136: a motor vehicle, all-terrain vehicle, minibike, trailer, or semitrailer. PROPERLY REGISTERED means as required by Nebraska Statutes;
         (s)   Lots, pieces of ground, and the adjoining streets and alleys with growth of weeds or noxious growth;
         (t)   All other things specifically designated as nuisances elsewhere in the City Code.
(Neb. RS 17-555, 18-1720)  (Ord. 894, passed 7-14-2014; Ord. 909, passed 2-8-2016)

§ 4-302 NUISANCES; ABATEMENT SERVICES AND NOTICE PROCEDURE FOR NUISANCES.

Bookmark§ 4-302  NUISANCES; ABATEMENT SERVICES AND NOTICE PROCEDURE FOR NUISANCES.
   (A)   Nuisance Officer. The city shall appoint an individual or organization to identify and enforce abatement of nuisances within the city. Said individual or organization shall be identified as the "Nuisance Officer" and said appointment shall be identified by resolution of the city.
   (B)   Identifying nuisances.
      (1)   The city may identify suspected nuisances, in which case the City Clerk shall, upon direction of the City Council, notify Nuisance Officer of the suspected location, person or persons in violation of any provision of this article and provide the address of such alleged nuisance.
      (2)   The city may request that the Nuisance Officer audit the city for nuisances in the city as defined by the City Code. The Nuisance Officer shall then view the property or area for any violations of the nuisances of the city. Nuisance Officer shall not go upon private property for said audit unless granted permission by the resident/owner of suspected property.
   (C)   Conforming, documenting and presenting nuisances. Nuisance Officer shall identify and confirm that in his or her opinion a nuisance exists as defined by federal, state, or city law.
      (1)   Upon confirming that a nuisance appears to exist, the Nuisance Officer shall document said
nuisance with photographs and other evidence pertinent to the situation. Nuisance Officer will also obtain the legal description of the property and identify the current owners and, if possible, the occupants of the property upon which the nuisance exists.
      (2)   Nuisance Officer shall then present this information to the city governing board at a regular or special meeting for its confirmation that a nuisance exists as stated in § 4-304.
(Ord. 319, passed 6-14-1976; Ord. 729, passed 5-14-2001; Ord. 894, passed 7-14-2014; Ord. 909, passed 2-8-2016)

§ 4-303 NUISANCES; ENFORCEMENT PROCEDURE.

Bookmark§ 4-303  NUISANCES; ENFORCEMENT PROCEDURE.
   (A)   Generally.
      (1)   The nuisance, health and/or sanitation violation is brought to the governing body by the Nuisance Officer, or the Board of Health or upon the governing body's own action. The governing body then may declare by resolution a nuisance, health and/or sanitation violation. The nuisance, health, and/or sanitation ordinances may be enforced by:
         (1)   City administrative procedures;
         (2)   Penal prosecutions through the courts, and/or;
         (3)   By civil procedures in the courts.
      (2)   Any of these procedures, or any combination of these procedures, may be used to enforce the nuisance, health and/or sanitation ordinances of the city.
   (B)   Administrative procedure. The city may proceed with abatement of the nuisance, sanitation, and/or health violation with or without court involvement after the following procedure is followed:
      (1)   After a nuisance is declared, the City Clerk notifies the Nuisance Officer to serve notice upon the violator(s).
      (2)   The Nuisance Officer shall prepare and serve notice which shall describe the found nuisance and state the required date of abatement and removal of the nuisance shall be accomplished. The notice shall also provide information as to how the interested parties may request a hearing before the governing body described in division (B)(4) below.
      (3)   The notice shall be given to each owner or owner's duly authorized agent and to the occupant, if any, by personal service or certified mail. If notice by personal service or certified mail is unsuccessful, said notice shall be given by a single publication in a newspaper of general circulation in the city or county of the city, and by conspicuously posting the notice on the lot or ground upon which the nuisance is to be abated and removed. The date of service is determined by the later of certified mail receipt, personal service or publication date.
      (4)   The accused violator (owner/agent/occupant) may request in writing a hearing before the governing body of the city within five days after notice of violation is served or published. For tree nuisance violations, the period for requesting a hearing is extended to 30 days after service.
      (5)   If no request for a hearing is received in the required time period, the governing body may cause a hearing to be held. This option is at the sole discretion of the governing body to be used in exceptional cases.
      (6)   If a hearing is requested, the City Clerk shall fix a date of said hearing to be no later than 15 days from receipt of the request for the hearing. Notice of said hearing and with the date and time shall be served upon the agent, owner, and occupant of the nuisance property by certified and regular mail.
      (7)   The hearing shall be a "show cause" hearing in which the agent, owner, occupant of the nuisance property (objecting property) shall provide evidence why the alleged condition should not be found to be a public nuisance and remedied. This hearing shall be heard before a quorum of the governing body. The presiding official of the governing body may conduct the hearing, or said presiding official may appoint another person as the hearing officer, to conduct the hearing (said hearing officer may be the City Attorney or the Enforcement Officer). At the hearing, the hearing officer shall mark and receive evidence which was presented when the finding of a nuisance was made, relevant evidence of the nuisance since that time, and evidence that the notices were properly given. The objecting party shall then provide its evidence. The rules of evidence are not required at said hearing, but all evidence must be relevant to the particular nuisance being heard. Testimony shall be under oath as administered by the hearing officer, or any person so designated by the hearing officer, and the person providing the testimony is subject to the laws of perjury. Evidence may be submitted in writing by affidavit.
      (8)   No later than 14 days after the hearing and consideration of the evidence, the governing board may by majority vote rescind the resolution of violation. If the resolution of violation is not rescinded, it shall stand. Furthermore, if the objector or its designated agent fails to appear at the hearing or does not provide evidence, the nuisance shall stand. If the resolution is not rescinded, the governing board may, by resolution, extend the date that owner, occupant, lessee, or mortgagee shall abate and remedy the said public nuisance, but in no case shall this time exceed 60 days. The findings of the governing board shall be made no later than 14 days after the hearing and notice of its finding shall be served upon the objecting party by regular US Mail within five days of the finding. The finding of this hearing is final, provided that an interested party or parties may appeal such decision to the appropriate court for adjudication.
      (9)   If the Nuisance Officer determines the nuisance is not remedied and abated within the time period designated, the city shall cause the abatement of the nuisance.
      (10)   If an interested party properly appeals to an appropriate court the findings and orders of the city, the city actions shall be stayed during until such time that the legal proceedings are completed or dismissed. In cases of appeal from an action of the city condemning real property as a nuisance or as dangerous under the police powers of the municipality, the owners of the adjoining property may intervene in the action at any time before trial.
(Neb. RS 19-710)
   (C)   Penal court enforcement procedure. If the declared nuisance, health, and/or sanitation violations are not abated within 15 days that the notice is served upon the owner and/or occupant, and the City Clerk has not received a request for hearing, the Nuisance Officer may cause issue of a citation for the code violation.
      (1)   The citation shall be prosecuted to the appropriate court by the City Attorney or other designated prosecutor for the city.
      (2)   A person or persons found guilty of these violations shall be guilty of a misdemeanor and fined up to $500 per each offense.
      (3)   Each day that the nuisance as identified in the nuisance resolution and notice, is not abated shall be a separate offense and subject to a separate fine.
   (D)   Civil court procedure. The governing board may instruct by resolution the City Attorney to file a civil action for the abatement of a nuisance. Said civil suit may commence after 15 days' notice has been served as stated in this section, and may be filed and prosecuted at the same time any other enforcement procedure has commenced, terminated or in progress.
(Ord. 729, passed 5-14-2001; Ord. 894, passed 7-14-2014; Ord. 909, passed 2-8-2016)

§ 4-304 NUISANCES; RECOVERY OF EXPENSES.

Bookmark§ 4-304  NUISANCES; RECOVERY OF EXPENSES.
   (A)   When the city has effected the abatement of the nuisance, health and/or sanitation violation through either city employees or through contract with a third party and has incurred expenses and costs thereof, the actual cost thereof shall be charged to the owner, agent, occupant or person in possession, charge or control of such property. The billing shall be calculated at the actual cost of abating the nuisance plus a $25 administrative fee.
   (B)   This billing shall be submitted to the last known address of the owner of the nuisance property as found in the County Treasurer's office, by regular US Mail.
   (C)   If said costs are not paid within two months after the work is done and one month after the expenses and costs are submitted to the owner and/or occupant, the city may levy and assess the expenses and costs upon the real estate benefitted by the actions in the same manner as other special assessments are levied and assessed, and the city may collect said assessments in the same procedure as other special assessments are collected. The city may also recover said expenses and costs of abating the nuisance, health and/or sanitation violation(s) in a civil action in the courts of the appropriate county in Nebraska.
(Ord. 894, passed 7-14-2014; Ord. 909, passed 2-8-2016)

§ 4-305 WATER POLLUTION; PROHIBITED.

Bookmark§ 4-305  WATER POLLUTION; PROHIBITED.
Editor’s note:
   This section was repealed by Ord. 894, passed 7-14-2014.

§ 4-306 NUISANCES; ADJOINING LAND OWNERS; INTERVENTION BEFORE TRIAL.

Bookmark§ 4-306  NUISANCES; ADJOINING LAND OWNERS; INTERVENTION BEFORE TRIAL.
Editor’s note:
   This section was repealed by Ord. 894, passed 7-14-2014.

§ 4-307 UNSAFE BUILDINGS; SPECIAL ASSESSMENTS.

Bookmark§ 4-307  UNSAFE BUILDINGS; SPECIAL ASSESSMENTS.
Editor’s note:
   This section was repealed by Ord. 894, passed 7-14-2014.

§ 4-308 NUISANCES; DEAD OR DISEASED TREES.

Bookmark§ 4-308  NUISANCES; DEAD OR DISEASED TREES.
Editor’s note:
   This section was repealed by Ord. 894, passed 7-14-2014.

§ 4-309 NUISANCES; WEEDS; LITTER; STAGNANT WATER.

Bookmark§ 4-309  NUISANCES; WEEDS; LITTER; STAGNANT WATER.
   (A)   Lots or pieces of ground within the municipality or within its extraterritorial zoning jurisdiction shall be drained or filled so as to prevent stagnant water or any other nuisance accumulating thereon.
   (B)   The owner or occupant of any lot or piece of ground within the municipality or within its extraterritorial zoning jurisdiction shall keep the lot or piece of ground and the adjoining streets and alleys free of any growth of 12 inches or more in height of weeds, grasses, or worthless vegetation.
   (C)   The throwing, depositing, or accumulation of litter on any lot or piece of ground within the municipality or within its extraterritorial zoning jurisdiction is prohibited.
   (D)   It is hereby declared to be a nuisance to permit or maintain any growth of 12 inches or more in height of weeds, grasses, or worthless vegetation on any lot or piece of ground within the municipality or within its extraterritorial zoning jurisdiction or on the adjoining streets or alleys or to litter or cause litter to be deposited or remain thereon except in proper receptacles.
   (E)   Any owner or occupant of a lot or piece of ground shall, upon conviction of violating this section, be guilty of an offense.
   (F)   (1)   Notice to abate and remove such nuisance shall be given to each owner or owner's duly authorized agent and to the occupant, if any. The municipality shall establish the method of notice by ordinance. If notice is given by first-class mail, such mail shall be conspicuously marked as to its importance. Within five days after receipt of such notice, the owner or occupant of the lot or piece of ground may request a hearing with the municipality to appeal the decision to abate or remove a nuisance by filing a written appeal with the office of the Clerk. A hearing on the appeal shall be held within 14 days after the filing of the appeal and shall be conducted by an elected or appointed officer as designated in the ordinance. The hearing officer shall render a decision on the appeal within five business days after the conclusion of the hearing. If the appeal fails, the municipality may have such work done. Within five days after receipt of such notice, if the owner or occupant of the lot or piece of ground does not request a hearing with the municipality or fails to comply with the order to abate and remove the nuisance, the municipality may have such work done.
      (2)   The costs and expenses of any such work shall be paid by the owner. If unpaid for two months after such work is done, the municipality may either:
         (a)   Levy and assess the costs and expenses of the work upon the lot or piece of ground so benefitted as a special assessment in the same manner as other special assessments for improvements are levied and assessed; or
         (b)   Recover in a civil action the costs and expenses of the work upon the lot or piece of ground and the adjoining streets and alleys.
   (G)   For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      LITTER.  Includes but is not limited to:
         (a)   Trash, rubbish, refuse, garbage, paper, rags, and ashes;
         (b)   Wood, plaster, cement, brick, or stone building rubble;
         (c)   Grass, leaves, and worthless vegetation except when used as ground mulch or in a compost pile;
         (d)   Offal and dead animals; and
         (e)   Any machine or machines, vehicle or vehicles, or parts of a machine or vehicle which have lost their identity, character, utility, or serviceability as such through deterioration, dismantling, or the ravages of time, are inoperative or unable to perform their intended functions, or are cast off, discarded, or thrown away or left as waste, wreckage, or junk.
      WEEDS.  Include, but are not limited to: bindweed (Convolvulus arvensis), puncture vine (Tribulus terrestris), leafy spurge (Euphorbia esula), Canada thistle (Cirsium arvense), perennial peppergrass (Lepidium draba), Russian knapweed (Centaurea picris), Johnson grass (Sorghum halepense), nodding or musk thistle, quack grass (Agropyron repens), perennial sow thistle (Sonchus arvensis), horse nettle (Solanum carolinense), bull thistle (Cirsium lanceolatum), buckthorn (Rhamnus sp.) (tourn), hemp plant (Cannabis sativa), and ragweed (Ambrosiaceae).
(Neb. RS 17-563)
(Ord. 934, passed 2-13-2018)
Cross reference:
   Misdemeanors; littering, see § 6-322
   Misdemeanors; raising or producing stagnant water, see § 6-323

ARTICLE 4: JUNK YARDS

BookmarkARTICLE 4:  JUNK YARDS
Section
   4-401   Junk yard; defined
   4-402   Junk yards; regulation

§ 4-401 JUNK YARD; DEFINED.

Bookmark§ 4-401  JUNK YARD; DEFINED.
   The term JUNK YARD shall mean an establishment or place which is maintained, operated or used for storing, keeping, buying or selling wrecked, scrapped, ruined or dismantled motor vehicles or motor vehicle parts, or old iron, steel or scrap ferrous or nonferrous materials.
(Ord. 301, passed 9-9-1974)

§ 4-402 JUNK YARDS; REGULATION.

Bookmark§ 4-402  JUNK YARDS; REGULATION.
   No person, partnership or corporation shall hereafter establish a junk yard within the corporate limits of the municipality within 300 feet of a dwelling house other than the residence of the owner or operator of such junk yard.
(Ord. 301, passed 9-9-1974)

ARTICLE 5: SOLID WASTE DISPOSAL

BookmarkARTICLE 5:  SOLID WASTE DISPOSAL
Section
   4-501   Solid waste; definitions
   4-502   Solid waste; collection
   4-503   Solid waste; collection equipment required
   4-504   Solid waste; contracts for service
   4-505   Solid waste; licensed facilities
   4-506   Solid waste; private collection services prohibited
   4-507   Solid waste; disposal of hazardous waste or waste requiring special handling
   4-508   Solid waste; bills
   4-509   Solid waste; lien
   4-510   Solid waste; single premises
   4-511   Solid waste; hazardous items and items requiring special handling or disposal
   4-512   Solid waste; mandatory service
   4-513   Solid waste; rates
   4-514   Solid waste; Waste Recycling and Reduction Fund established
   4-515   Solid waste; liability for charges; proof of proper disposal

§ 4-501 SOLID WASTE; DEFINITIONS.

Bookmark§ 4-501  SOLID WASTE; DEFINITIONS.
   For purposes of this article, the following definitions shall apply:
   HAZARDOUS WASTE. A solid or liquid waste, or combination of solid and liquid wastes, which because of its quantity, concentration or physical, chemical or infectious characteristics may cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitated reversible, illness or pose a substantial present or potential hazard to human or animal health or the environment when improperly treated, stored, transported, disposed of or otherwise managed.
   SOLID WASTE. All garbage, trash, rubbish or refuse commonly generated by residential, commercial, institutional or governmental activities.
(Ord. 574, passed 10-12-1992)

§ 4-502 SOLID WASTE; COLLECTION.

Bookmark§ 4-502  SOLID WASTE; COLLECTION.
   The city shall provide for the collection and disposal of nonhazardous solid wastes from residential, commercial, institutional and governmental premises within the municipal limits of the city. Such wastes shall be collected on a regularly scheduled basis and shall be disposed of only in a licensed landfill facility which meets all state and federal criteria.
(Ord. 574, passed 10-12-1992)

§ 4-503 SOLID WASTE; COLLECTION EQUIPMENT REQUIRED.

Bookmark§ 4-503  SOLID WASTE; COLLECTION EQUIPMENT REQUIRED.
   Solid waste shall be collected only in vehicles equipped with a trash bed constructed of substantial metal material, and such bed shall be completely enclosed. The body and bed of any vehicle used in the collection or transportation of solid wastes shall be maintained in a clean and odor-free condition. Before any person, firm or corporation may engage in the business of collecting, hauling or transporting nonhazardous solid waste within the city, they shall demonstrate to the Mayor and Council that they currently own or have made proper provision for all required equipment.
(Ord. 574, passed 10-12-1992)

§ 4-504 SOLID WASTE; CONTRACTS FOR SERVICE.

Bookmark§ 4-504  SOLID WASTE; CONTRACTS FOR SERVICE.
   The city may contract with an independent contractor to provide for the collection and disposal of nonhazardous solid waste. Such contractor shall be selected by competitive bidding and the length of the term of any such contract shall be determined by the Mayor and Council, not to exceed five years. Any such contractor shall enter into a written agreement with the city, which agreement shall provide for the rates to be charged by the contractor and such other terms and conditions as may be required by the Mayor and Council. The contractor shall be responsible for selection of a licensed disposal facility in which to dispose of nonhazardous solid waste collection within the city, and for any contract for disposal service in such facility.
(Ord. 574, passed 10-12-1992)

§ 4-505 SOLID WASTE; LICENSED FACILITIES.

Bookmark§ 4-505  SOLID WASTE; LICENSED FACILITIES.
   All nonhazardous solid waste collected within the city shall be disposed of only in a licensed solid waste facility. Any hazardous waste shall be disposed of only in the manner provided by state or federal laws and regulations.
(Ord. 574, passed 10-12-1992)

§ 4-506 SOLID WASTE; PRIVATE COLLECTION SERVICES PROHIBITED.

Bookmark§ 4-506  SOLID WASTE; PRIVATE COLLECTION SERVICES PROHIBITED.
   No person, firm or corporation who is not under contract with the city shall collect or dispose of residential nonhazardous solid waste within the city, except yard wastes, grass clippings, tree branches or materials which are collected for recycling.
(Ord. 574, passed 10-12-1992)

§ 4-507 SOLID WASTE; DISPOSAL OF HAZARDOUS WASTE OR WASTE REQUIRING SPECIAL HANDLING.

Bookmark§ 4-507  SOLID WASTE; DISPOSAL OF HAZARDOUS WASTE OR WASTE REQUIRING SPECIAL HANDLING.
   Any person, firm or corporation within the city who generates or creates hazardous waste or waste requiring special handling or disposal as specified in § 4-511 shall be responsible for the transportation and disposal of the same. All such handling and disposal shall in all respects comply with state and federal laws and regulations pertaining to the specific type of waste generated.
(Ord. 574, passed 10-12-1992)

§ 4-508 SOLID WASTE; BILLS.

Bookmark§ 4-508  SOLID WASTE; BILLS.
Editor's Note:
   For provisions on discontinuance of service and notice procedure, see § 3-901
   For provisions on utilities generally, see Chapter 3, Article 9

§ 4-509 SOLID WASTE; LIEN.

Bookmark§ 4-509  SOLID WASTE; LIEN.
   In addition to all other remedies, if a customer shall for any reason remain indebted to the municipality for solid waste collection service furnished, such amount due, together with any charges in arrears, shall be considered delinquent and are hereby declared to be a lien upon the real estate for which the same was furnished. The Municipal Clerk shall notify in writing or cause to be notified in writing, all owners of premises or their agents whenever their tenants or lessees are 60 days or more delinquent in the payment of solid waste collection fees. It shall be the duty of the Municipal Clerk on the first day of June of each year to report to the governing body a list of all unpaid accounts due for solid waste collection together with a description of the premises for which the same was furnished. The report shall be examined, and if approved by the governing body, shall be certified by the Municipal Clerk to the County Clerk to be collected as a special tax in the manner provided by law.
(Ord. 574, passed 10-12-1992)

§ 4-510 SOLID WASTE; SINGLE PREMISES.

Bookmark§ 4-510  SOLID WASTE; SINGLE PREMISES.
   No person shall accept from any other person any of such other person’s disposable solid waste to be commingled with and disposed of as a part of the accepting person’s solid waste. All solid waste which is to be picked up by the city or its contractor for each residence and for each commercial, institutional or governmental building shall be only the solid waste which is generated at that site and shall not include any items left for disposal by another person.
(Ord. 574, passed 10-12-1992)

§ 4-511 SOLID WASTE; HAZARDOUS ITEMS AND ITEMS REQUIRING SPECIAL HANDLING OR DISPOSAL.

Bookmark§ 4-511  SOLID WASTE; HAZARDOUS ITEMS AND ITEMS REQUIRING SPECIAL HANDLING OR DISPOSAL.
   (A)   No person shall put out any of the items specified below to be collected by the municipal solid waste collector for land disposal.
      (1)   Yard waste from the first of April through the thirtieth of November of each year unless such yard waste has been separated from its source and is put out for separate collection and delivery to the landfill for the purpose of soil conditioning or composting under the conditions otherwise specified;
      (2)   Lead-acid batteries;
      (3)   Waste oil;
      (4)   Waste tires in any form except tires that are nonrecyclable. Tires are not considered disposed if they meet the requirements of Neb. RS 13-2039;
      (5)   Discarded household appliances; and
      (6)   Unregulated hazardous wastes, except household hazardous wastes, which are exempt from the regulations under the Environmental Protection Act.
   (B)   Any such items shall be disposed of only as permitted under the Nebraska Integrated Solid Waste Management Act or any amendments thereof.
(Neb. RS 13-2039)
   (C)   For purposes of this section:
      (1)   LAND DISPOSAL includes, but is not limited to, incineration at a landfill.
      (2)   NONRECYCLABLE TIRE means a press-on solid tire, a solid pneumatic shaped tire or a foam pneumatic tire.
(Neb. RS 13-2039)
      (3)   WASTE TIRE means a tire that is no longer suitable for its original intended purpose because of wear, damage or defect.
(Neb. RS 13-2013.02)
      (4)   YARD WASTE means grass and leaves.
(Neb. RS 13-2016.01)
(Ord. 574, passed 10-12-1992; Ord. 770, passed 1-12-2004)

§ 4-512 SOLID WASTE; MANDATORY SERVICE.

Bookmark§ 4-512  SOLID WASTE; MANDATORY SERVICE.
   Every occupied residence and every commercial, institutional and governmental building in which day-to-day activities are conducted within the municipal limits of the city, shall be served by the city’s solid waste collection and disposal services and shall be subject to the assessment and payment of charges for such service as set from time to time by the governing body. The city may also agree to provide service to persons who do not live within the city limits but who are served by municipal utility services of any kind or who are within such close distance to the city limits as to make such service economical and practical for the city.
(Ord. 574, passed 10-12-1992)

§ 4-513 SOLID WASTE; RATES.

Bookmark§ 4-513  SOLID WASTE; RATES.
   (A)   Each customer who is served by the municipal solid waste collection service shall pay a fee for such service.
   (B)   The rates to be paid by private residential customers shall be as follows:
 
For each household
$15 per month
For an additional toter (no more than 2 toters at any residence)
$10 per month
 
   (C)   The rates to be paid by commercial and governmental customers, hospitals, nursing homes, schools and apartment buildings or residential complexes containing more than one residential unit shall be based upon the capacity of the disposal container required to contain the volume of solid waste usually generated by the customer in a normal week. The rates to be paid based on the volume of such containers are as follows:
 
Toter cart
$15 per month
An additional toter
$10 per month
 
 
Containers
Once a Week
Twice a Week
2 yard
$40
$80
3 yard
$55
$110
 
   (D)   Containers in residential areas will be picked up once each week. Commercial, governmental and multiple occupancy customers will receive weekly service unless a more frequent pickup is agreed upon. Any additional services required by the customer may be negotiated between the customer and the contract hauler and will be at the customer’s own expense.
   (E)   The rates to be paid by private residential customers, commercial and governmental customers, hospitals, nursing homes, schools and apartment buildings or residential complexes containing more than one residential unit who request a disposal container of at least one and one-half cubic yards and who do not require once a week or twice a week pickup service, shall be based upon the capacity of the disposal container requested as follows and shall be subject to the following terms and conditions:
 
Containers
Disposal Fee
1.5 yard
$24
2 yard
$32
3 yard
$48
 
   (F)   A monthly fee equal to the disposal fee for the applicable container size is in addition to the above fees for each 30-day period the container is not picked up for disposal by the city. Under no circumstances, may any customer keep a disposal container for longer than six months without said container being picked up for disposal by the city during that period.
   (G)   (1)   The Mayor and Council may, by motion or resolution, determine a periodic fuel surcharge to be added to the charges to be paid for collection of solid waste. The base cost of fuel to be used in determining such fuel surcharge shall be $2.88 per gallon as the “average diesel fuel price.” The surcharge shall be calculated in the following manner: (average price of fuel) minus (base price of fuel) times average consumption of fuel per month for solid waste collection and disposal) divided by (the number of customers being served by the city’s solid waste collection system).
      (2)   The fuel surcharge as thus determined shall be added to each customer’s monthly bill and shall be collected by the Municipal Clerk as part of the cost of solid waste collection and disposal.
   (H)   Bills for solid waste collection and disposal shall be rendered and collected as provided in § 4-508.
(Ord. 574, passed 10-12-1992; Ord. 825, passed 9-14-2009; Ord. 848, passed 3-14-2011; Ord. 877, passed 6-10-2013; Ord. 910, passed 2-8-2016; Ord. 911, passed 5-9-2016)

§ 4-514 SOLID WASTE; WASTE RECYCLING AND REDUCTION FUND ESTABLISHED.

Bookmark§ 4-514  SOLID WASTE; WASTE RECYCLING AND REDUCTION FUND ESTABLISHED.
   (A)   There is hereby established the Waste Recycling and Reduction Fund of the city. All proceeds deposited in the Fund shall be used for the purchase of equipment and the conduct of activities intended to conduct solid waste recycling activities or to promote the reduction of volume of solid waste generated within the city. The Fund shall be a part of the combined utilities system of the city and shall be administered by the City Clerk in the same manner as other funds of the municipality.
   (B)   Each nonresidential customer of the city’s solid waste collection system is hereby assessed a monthly charge of $1, which shall be added to and collected as a part of the monthly bill for solid waste collection. The assessment shall be shown separately on the customer’s monthly billing and shall be designated as a solid waste recycling and reduction fund assessment.
   (C)   The Mayor and Council may, by resolution, set any user fees or other charges to be assessed to persons who dispose of solid waste through activities conducted by the solid waste recycling and reduction fund program, and may provide for the collection of the same. All such fees and charges shall be deposited to the Waste Recycling and Reduction Fund.
   (D)   The Mayor and Council of the municipality may from time to time, by resolution, designate the manner in which the resources of the Waste Recycling and Reduction Fund shall be utilized.
(Ord. 574, passed 10-12-1992; Ord. 578, passed 10-12-1992)

§ 4-515 SOLID WASTE; LIABILITY FOR CHARGES; PROOF OF PROPER DISPOSAL.

Bookmark§ 4-515  SOLID WASTE; LIABILITY FOR CHARGES; PROOF OF PROPER DISPOSAL.
   (A)   The governing body has separately established charges to be paid to it by each person whose premises are served by the municipal solid waste collection system. For purposes of such charges, a person’s premises are deemed to be served by the municipal solid waste collection system and the owner and occupant of the premises shall be deemed served and therefore liable for the charges unless the owner or occupant proves to the governing body that:
      (1)   The premises are unoccupied; or
      (2)   The solid waste generated at the premises during the applicable billing period was lawfully collected and hauled to a permitted facility or was otherwise disposed of in conformance with all applicable laws, regulations and ordinances.
   (B)   Proof of proper disposal during the applicable billing period may be provided by means of any of the following:
      (1)   A billing receipt or other statement from a duly permitted solid waste hauling service for collection of solid waste at the premises during the applicable billing period;
      (2)   A billing receipt or register tab from a duly permitted transfer station or disposal facility or landfill for solid waste received during the applicable billing period; or
      (3)   Such other documentation of proper disposal as may be acceptable to the governing body.
(Neb. RS 13-2020) (Ord. 574, passed 10-12-1992; Ord. 691, passed 5-10-1999)

ARTICLE 6: PENAL PROVISION

BookmarkARTICLE 6:  PENAL PROVISION
Section
   4-601   Violations; penalty
   4-602   Abatement of nuisance

§ 4-601 VIOLATIONS; PENALTY.

Bookmark§ 4-601  VIOLATIONS; PENALTY.
   (A)   Any person, or any person’s agent or servant, who violates any of the provisions of this chapter, unless otherwise specifically provided herein, shall be deemed guilty of an offense and upon conviction thereof shall be fined in any sum not exceeding $500 A new violation shall be deemed to have been committed every 24 hours of failure to comply with the provisions of this chapter.
   (B)   (1)   Whenever a nuisance exists as defined in this chapter, the municipality may proceed by a suit in equity to enjoin, abate, and remove the same in the manner provided by law.
      (2)   Whenever, in any action, it is established that a nuisance exists, the court may, together with the fine or penalty imposed, enter an order of abatement as a part of the judgment in the case.
(Neb. RS 17-505, 18-1720, 18-1722)  (Ord. 710, passed 10-9-2000)

§ 4-602 ABATEMENT OF NUISANCE.

Bookmark§ 4-602  ABATEMENT OF NUISANCE.
Editor’s note:
   This section was repealed by Ord. 710, passed 10-9-2000.

CHAPTER 5: TRAFFIC REGULATIONS

BookmarkCHAPTER 5:  TRAFFIC REGULATIONS
   Article
      1.   MUNICIPAL TRAFFIC REGULATIONS
      2.   OPERATOR AND VEHICLE QUALIFICATIONS
      3.   PARKING

ARTICLE 1: MUNICIPAL TRAFFIC REGULATIONS

BookmarkARTICLE 1:  MUNICIPAL TRAFFIC REGULATIONS
Section
   5-101   Definitions
   5-102   Traffic regulations; general authority
   5-103   Regulation of highways; police powers
   5-104   Prohibitions on operation of vehicles
   5-105   Ordinances contrary to state law prohibited
   5-106   Placement and maintenance of traffic control devices
   5-107   Enforcement of rules and laws
   5-108   Failure or refusal to obey order
   5-109   Obedience to traffic control devices; exceptions
   5-110   Authorized emergency vehicles; privileges
   5-111   Traffic officers
   5-112   Traffic infractions; penalty
   5-113   Restrictions on direction of travel
   5-114   Right-of-way; stop and yield signs
   5-115   Interference with traffic control devices or railroad signs or signals
   5-116   Signs, markers, devices, or notices; prohibited acts
   5-117   Tire requirements and prohibitions; permissive uses
   5-118   Speed limits; basic rule
   5-119   Speed limits; maximum limits
   5-120   Speed limits; bridges and other elevated structures
   5-121   Speed limits; alternative maximum limits
   5-122   Speed limits; near schools
   5-123   Speed limits; violations; fines
   5-124   Truck traffic
   5-125   School crossing zones; designation
   5-126   School crossing zones; overtaking and passing

§ 5-101 DEFINITIONS.

Bookmark§ 5-101  DEFINITIONS.
   For the purpose of this chapter, the following definitions and the other definitions in Neb. RS 60-606 through 60-676 shall apply unless the context clearly indicates or requires a different meaning.
   ALL-TERRAIN VEHICLES (ATV). Any motorized off-highway vehicle which:
      (1)   Is 50 inches or less in width;
      (2)   Has a dry weight of 900 pounds or less;
      (3)   Travels on three or more low pressure tires;
      (4)   Is designed for operator use only with no passengers or is specifically designed by the original manufacturer for the operator and one passenger;
      (5)   Has a seat or saddle designed to be straddled by the operator; and
      (6)   Has handle bars or any other sterling assembly for steering control.
   ALLEY.  A highway intended to provide access to the rear or side of lots or buildings and not intended for the purpose of through vehicular traffic.
(Neb. RS 60-607)
   AUTHORIZED EMERGENCY VEHICLE. Such fire department vehicles, police vehicles, rescue vehicles, and ambulances as are publicly owned, such other publicly or privately owned vehicles as are designated by the Director of Motor Vehicles, and such publicly owned military vehicles of the National Guard as are designated by the Adjutant General pursuant to Neb. RS 55-133.
(Neb. RS 60-610)
   BUSINESS DISTRICT. The territory contiguous to and including a highway when within any 600 feet along such highway there are buildings in use for business or industrial purposes, including, but not limited to, hotels, banks, office buildings, railroad stations, or public buildings which occupy at least 300 feet of frontage on one side or 300 feet collectively on both sides of a highway.
(Neb. RS 60-613)
   DEPARTMENT OF ROADS. All references within this chapter shall be updated to DEPARTMENT OF TRANSPORTATION to harmonize with state law.
   GOLF CAR VEHICLES.  A vehicle that has at least four wheels, has a maximum level ground speed of less than 20 miles per hour, has a maximum payload capacity of 1,200 pounds, has a maximum gross vehicle weight of 2,500 pounds, has a maximum passenger capacity of not more than four persons and is designed and manufactured for operation on a golf course for sporting and recreational purposes.
   HIGHWAY.  The entire width between the boundary limits of any street, road, avenue, boulevard, or way which is publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.
(Neb. RS 60-624)
   MANUAL. The Manual on Uniform Traffic Control Devices adopted by the Department of Roads pursuant to Neb. RS 60-6,118.
(Neb. RS 60-631)
   MOTOR VEHICLE.  Every self-propelled land vehicle, not operated upon rails, except mopeds, self-propelled chairs used by persons who are disabled, and electric personal assistive mobility devices.
(Neb. RS 60-638)
   PEACE OFFICER. The Police Chief or other chief law enforcement official, any city police officer, or any other person authorized to enforce city ordinances. With respect to directing traffic only, peace officer shall also include any person authorized to direct or regulate traffic.
(Neb. RS 60-646)
   RESIDENTIAL DISTRICT. The territory contiguous to and including a highway not comprising a business district when the property on such highway for a distance of 300 feet or more is in the main improved with residences or residences and buildings in use for business.
(Neb. RS 60-654)
   ROADWAY.  That portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder. If a highway includes two or more separate roadways, the term roadway shall refer to any such roadway separately but not to all such roadways collectively.
(Neb. RS 60-656)
   SCHOOL CROSSING ZONE. The area of a roadway designated to the public by the City Council as a school crossing zone through the use of a sign or traffic control device as specified by the City Council in conformity with the Manual but does not include any area of a freeway. A school crossing zone starts at the location of the first sign or traffic control device identifying the school crossing zone and continues until a sign or traffic control device indicates that the school crossing zone has ended.
(Neb. RS 60-658.01)
   SHOULDER. That part of the highway contiguous to the roadway and designed for the accommodation of stopped vehicles, for emergency use, and for lateral support of the base and surface courses of the roadway.
(Neb. RS 60-661)
   STREET. A public way for the purposes of vehicular travel in a city or village and includes the entire area within the right-of-way.
   TRAFFIC. Pedestrians, ridden or herded animals, and vehicles and other conveyances either singly or together while using any highway for purposes of travel.
(Neb. RS 60-669)
   TRAFFIC CONTROL DEVICE. Any sign, signal, marking, or other device not inconsistent with the Nebraska Rules of the Road placed or erected by authority of the City Council or any official having jurisdiction for the purpose of regulating, warning, or guiding traffic.
(Neb. RS 60-670)
   TRAFFIC CONTROL SIGNAL. Any signal, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop and permitted to proceed.
(Neb. RS 60-671)
   TRAFFIC INFRACTION. The violation of any provision of the Nebraska Rules of the Road or of any law, ordinance, order, rule, or regulation regulating traffic which is not otherwise declared to be a misdemeanor or a felony or, in this chapter, an offense.
(Neb. RS 60-672)
   UTILITY-TYPE VEHICLES (UTV).
      (1)   Any motorized off-highway vehicle which:
         (a)   Is not less than 48 inches nor more than 74 inches in width;
         (b)   Is not more than 135 inches, including bumper, in length;
         (c)   Has a dry weight of not less than 900 pounds nor more than 2,000 pounds;
         (d)   Travels on four or more low pressure tires; and
         (e)   Is equipped with a steering wheel and bench or bucket-type seating designed for at least two people to sit side-by-side.
      (2)   UTILITY-TYPE VEHICLE does not include golf carts or low-speed vehicles.
   VEHICLE.  Every device in, upon, or by which any person or property is or may be transported or drawn upon a highway except devices moved solely by human power or used exclusively upon stationary rails or tracks.
(Neb. RS 60-676)
(Ord. 464, passed 8-14-1984; Ord. 904, passed 11-9-2015; Ord. 911, passed 5-9-2016; Ord. 920, passed 11-14-2017; Ord. 932, passed 2-13-2018)

§ 5-102 TRAFFIC REGULATIONS; GENERAL AUTHORITY.

Bookmark§ 5-102  TRAFFIC REGULATIONS; GENERAL AUTHORITY.
   (A)   The City Council may, in its jurisdiction, enact regulations permitting, prohibiting, and controlling the use of motor vehicles, minibikes, motorcycles, off-road recreation vehicles of any and all types, other powered vehicles, electric personal assistive mobility devices, and vehicles which are not self-propelled. Any person who operates any of such vehicles without the permission of the City Council or its designated representative or in a place, time, or manner which has been prohibited by the City Council shall be guilty of an offense.
   (B)   The City Council may further authorize the supervising official of any area under its ownership or control to permit, control, or prohibit operation of any motor vehicle, minibike, motorcycle, off-road recreational vehicle of any or all types, other powered vehicle, electric personal assistive mobility device, or vehicle which is not self-propelled on all or any portion of any area under its ownership or control at any time by posting or, in case of an emergency, by personal notice. Any person operating any such vehicle where prohibited, where not permitted, or in a manner so as to endanger the peace and safety of the public or as to harm or destroy the natural features or manmade features of any such area shall be guilty of an offense.
(Neb. RS 60-678)

§ 5-103 REGULATION OF HIGHWAYS; POLICE POWERS.

Bookmark§ 5-103  REGULATION OF HIGHWAYS; POLICE POWERS.
   (A)   The City Council with respect to highways under its jurisdiction and within the reasonable exercise of the police power may:
      (1)   Regulate or prohibit stopping, standing, or parking;
      (2)   Regulate traffic by means of peace officers or traffic control devices;
      (3)   Regulate or prohibit processions or assemblages on the highways;
      (4)   Designate highways or roadways for use by traffic moving in one direction;
      (5)   Establish speed limits for vehicles in public parks;
      (6)   Designate any highway as a through highway or designate any intersection as a stop or yield intersection;
      (7)   Restrict the use of highways as authorized in § 5-104;
      (8)   Regulate operation of bicycles and require registration and inspection of such, including requirement of a registration fee;
      (9)   Regulate operation of electric personal assistive mobility devices;
      (10)   Regulate or prohibit the turning of vehicles or specified types of vehicles;
      (11)   Alter or establish speed limits authorized in the Nebraska Rules of the Road;
      (12)   Designate no-passing zones;
      (13)   Prohibit or regulate use of controlled-access highways by any class or kind of traffic except those highways which are a part of the state highway system;
      (14)   Prohibit or regulate use of heavily traveled highways by any class or kind of traffic it finds to be incompatible with the normal and safe movement of traffic, except that such regulations shall not be effective on any highway which is part of the state highway system unless authorized by the Department of Roads;
      (15)   Establish minimum speed limits as authorized in the Rules;
      (16)   Designate hazardous railroad grade crossings as authorized in the Rules;
      (17)   Designate and regulate traffic on play streets;
      (18)   Prohibit pedestrians from crossing a roadway in a business district or any designated highway except in a crosswalk as authorized in the Rules;
      (19)   Restrict pedestrian crossings at unmarked crosswalks as authorized in the Rules;
      (20)   Regulate persons propelling push carts;
      (21)   Regulate persons upon skates, coasters, sleds, and other toy vehicles;
      (22)   (a)   Notwithstanding any other provision of law, adopt and enforce an ordinance or resolution prohibiting the use of engine brakes on the National System of Interstate and Defense Highways that has a grade of less than five degrees within its jurisdiction.
         (b)   For the purpose of this division, the following definition shall apply unless the context clearly indicates or requires a different meaning.
            ENGINE BRAKE. A device that converts a power producing engine into a power-absorbing air compressor, resulting in a net energy loss;
      (23)   Adopt and enforce such temporary or experimental regulations as may be necessary to cover emergencies or special conditions; and
      (24)   Adopt other traffic regulations except as prohibited by state law or contrary to state law.
   (B)   The City Council shall not erect or maintain any traffic control device at any location so as to require the traffic on any state highway or state-maintained freeway to stop before entering or crossing any intersecting highway unless approval in writing has first been obtained from the Department of Roads.
   (C)   No ordinance or regulation enacted under division (A)(4), (5), (6), (7), (10), (11), (12), (13), (14), (16), (17), or (19) shall be effective until traffic control devices giving notice of such local traffic regulations are erected upon or at the entrances to such affected highway or part thereof affected as may be most appropriate.
(Neb. RS 60-680)

§ 5-104 PROHIBITIONS ON OPERATION OF VEHICLES.

Bookmark§ 5-104  PROHIBITIONS ON OPERATION OF VEHICLES.
   (A)   The City Council may by ordinance or resolution prohibit the operation of vehicles upon any highway or impose restrictions as to the weight of vehicles, for a total period not to exceed 90 days in any one calendar year, when operated upon any highway under the jurisdiction of and for the maintenance of which the City Council is responsible whenever any such highway by reason of deterioration, rain, snow, or other climatic condition will be seriously damaged or destroyed unless the use of vehicles thereon is prohibited or the permissible weight thereof reduced. The City Council shall erect or cause to be erected and maintained signs designating the provisions of the ordinance or resolution at each end of that portion of any highway affected thereby, and the ordinance or resolution shall not be effective until such signs are erected and maintained.
   (B)   The City Council may also, by ordinance or resolution, prohibit the operation of trucks or other commercial vehicles or impose limitations as to the weight thereof on designated highways, which prohibitions and limitations shall be designated by appropriate signs placed on such highways.
(Neb. RS 60-681)

§ 5-105 ORDINANCES CONTRARY TO STATE LAW PROHIBITED.

Bookmark§ 5-105  ORDINANCES CONTRARY TO STATE LAW PROHIBITED.
   The City Council shall not enact or enforce any ordinance directly contrary to the Nebraska Rules of the Road unless expressly authorized by the Legislature.
(Neb. RS 60-6,108)

§ 5-106 PLACEMENT AND MAINTENANCE OF TRAFFIC CONTROL DEVICES.

Bookmark§ 5-106  PLACEMENT AND MAINTENANCE OF TRAFFIC CONTROL DEVICES.
   The City Council shall place and maintain such traffic control devices upon highways under its jurisdiction as it deems necessary to indicate and to carry out the provisions of this chapter or to regulate, warn, or guide traffic. All such traffic control devices erected pursuant to this title shall conform with the Manual.
(Neb. RS 60-6,121)

§ 5-107 ENFORCEMENT OF RULES AND LAWS.

Bookmark§ 5-107  ENFORCEMENT OF RULES AND LAWS.
   (A)   All peace officers are hereby specifically directed and authorized and it shall be deemed and considered a part of the official duties of each of such officers to enforce the provisions of Nebraska Rules of the Road and this chapter, including the specific enforcement of maximum speed limits, and any other state or city law regulating the operation of vehicles or the use of the highways.
   (B)   To perform the official duties imposed by this section, peace officers shall have the power:
      (1)   To make arrests upon view and without warrant for any violation committed in their presence of any of the provisions of the Motor Vehicle Operator's License Act or this chapter or of any other law regulating the operation of vehicles or the use of the highways, if and when designated or called upon to do so as provided by law;
      (2)   To make arrests upon view and without warrant for any violation committed in their presence of any provision of the laws of this state relating to misdemeanors or felonies or of similar city ordinances if and when designated or called upon to do so as provided by law;
      (3)   At all times to direct all traffic in conformity with law or, in the event of a fire or other emergency or in order to expedite traffic or insure safety, to direct traffic as conditions may require;
      (4)   When in uniform, to require the driver of a vehicle to stop and exhibit his or her operator's license and registration certificate issued for the vehicle and submit to an inspection of such vehicle and the license plates and registration certificate for the vehicle and to require the driver of a motor vehicle to present the vehicle within five days for correction of any defects revealed by such motor vehicle inspection as may lead the inspecting officer to reasonably believe that such motor vehicle is being operated in violation of the statutes of Nebraska, the rules and regulations of the Director of Motor Vehicles, or any city ordinance or regulation;
      (5)   To inspect any vehicle of a type required to be registered according to law in any public garage or repair shop or in any place where such a vehicle is held for sale or wrecking;
      (6)   To serve warrants relating to the enforcement of the laws regulating the operation of vehicles or the use of the highways; and
      (7)   To investigate traffic accidents for the purpose of carrying on a study of traffic accidents and enforcing motor vehicle and highway safety laws.
(Neb. RS 60-683)
Statutory reference:
   Motor Vehicle Operator's License Act, see Neb. RS 60-462

§ 5-108 FAILURE OR REFUSAL TO OBEY ORDER.

Bookmark§ 5-108  FAILURE OR REFUSAL TO OBEY ORDER.
   (A)   Any person who knowingly fails or refuses to obey any lawful order of any peace officer who is controlling or directing traffic shall be guilty of a traffic infraction.
   (B)   Any person who knowingly fails to obey any lawful order of a peace officer shall be guilty of an offense whenever such order is given in furtherance of the apprehension of a person who has violated the Nebraska Rules of the Road or this chapter or of a person whom such officer reasonably believes has violated the Rules or this chapter.
(Neb. RS 60-6,110)

§ 5-109 OBEDIENCE TO TRAFFIC CONTROL DEVICES; EXCEPTIONS.

Bookmark§ 5-109  OBEDIENCE TO TRAFFIC CONTROL DEVICES; EXCEPTIONS.
   (A)   The driver of any vehicle shall obey the instructions of any traffic control device applicable thereto placed in accordance with the Nebraska Rules of the Road or this chapter, unless otherwise directed by a peace officer, subject to the exceptions granted the driver of an authorized emergency vehicle in the Rules and this chapter.
   (B)   No provision of the Rules or this chapter for which traffic control devices are required shall be enforced against an alleged violator if at the time and place of the alleged violation an official device is not in proper position and sufficiently legible to be seen by a reasonably observant person. Whenever any provision of the Rules or this chapter does not state that traffic control devices are required, such provision shall be effective even though no devices are erected or in place.
   (C)   Whenever traffic control devices are placed in position approximately conforming to the requirements of the Rules or this chapter, such devices shall be presumed to have been so placed by the official act or direction of lawful authority unless the contrary is established by competent evidence.
   (D)   Any traffic control device placed pursuant to the Rules or this chapter and purporting to conform with the lawful requirements pertaining to such devices shall be presumed to comply with the requirements of the Rules or this chapter unless the contrary is established by competent evidence.
(Neb. RS 60-6,119)

§ 5-110 AUTHORIZED EMERGENCY VEHICLES; PRIVILEGES.

Bookmark§ 5-110  AUTHORIZED EMERGENCY VEHICLES; PRIVILEGES.
   (A)   Subject to the conditions stated in the Nebraska Rules of the Road and this chapter, the driver of an authorized emergency vehicle, when responding to an emergency call, when pursuing an actual or suspected violator of the law, or when responding to but not when returning from a fire alarm, may:
      (1)   Stop, park, or stand, irrespective of the provisions of the Rules and this chapter, and disregard regulations governing direction of movement or turning in specified directions; and
      (2)   Except for wreckers towing disabled vehicles and highway maintenance vehicles and equipment:
         (a)   Proceed past a steady red indication, a flashing red indication, or a stop sign but only after slowing down as may be necessary for safe operation; and
         (b)   Exceed the maximum speed limits so long as he or she does not endanger life, limb, or property.
   (B)   Except when operated as a police vehicle, the exemptions granted in division (A) shall apply only when the driver of such vehicle, while in motion, sounds an audible signal by bell, siren, or exhaust whistle as may be reasonably necessary and when such vehicle is equipped with at least one lighted light displaying a red light visible under normal atmospheric conditions from a distance of 500 feet to the front of such vehicle.
   (C)   The exemptions granted in division (A) shall not relieve the driver from the duty to drive with due regard for the safety of all persons, nor shall such provisions protect such driver from the consequences of his or her reckless disregard for the safety of others.
   (D)   Authorized emergency vehicles operated by police and fire departments shall not be subject to the size and weight limitations of sections Neb. RS 60-6,288 to 60-6,290 and 60-6,294.
(Neb. RS 60-6,114)

§ 5-111 TRAFFIC OFFICERS.

Bookmark§ 5-111  TRAFFIC OFFICERS.
   The City Council or the city police may at any time detail officers, to be known as "traffic officers," at street intersections. All traffic officers shall be vested with the authority to regulate and control traffic at the intersections to which they are assigned. It shall be their duty to direct the movement of traffic and prevent congestion and accidents. It shall be unlawful for any person to violate any order or signal of any such traffic officer notwithstanding the directive of a stop sign or signal device that may have been placed at any such intersection.

§ 5-112 TRAFFIC INFRACTIONS; PENALTY.

Bookmark§ 5-112  TRAFFIC INFRACTIONS; PENALTY.
   (A)   Unless otherwise declared in this title with respect to particular offenses, a violation of any provision of this chapter shall constitute a traffic infraction.
(Neb. RS 60-682)
   (B)   Any person who is found guilty of a traffic infraction in violation of this chapter for which a penalty has not been specifically provided shall be fined:
      (1)   Not more than $100 for the first offense;
      (2)   Not more than $200 for a second offense within a one-year period; and
      (3)   Not more than $300 for a third and subsequent offense within a one-year period.
(Neb. RS 60-689)
Statutory reference:
   Other provisions on traffic infractions, see Neb. RS 60-684 through 60-694.01

§ 5-113 RESTRICTIONS ON DIRECTION OF TRAVEL.

Bookmark§ 5-113  RESTRICTIONS ON DIRECTION OF TRAVEL.
   (A)   The City Council with respect to highways under its jurisdiction may designate any highway, roadway, part of a roadway, or specific lanes upon which vehicular traffic shall proceed in one direction at all times or at such times as shall be indicated by traffic control devices.
   (B)   Except for emergency vehicles, no vehicle shall be operated, backed, pushed, or otherwise caused to move in a direction which is opposite to the direction designated by competent authority on any deceleration lane, acceleration lane, access ramp, shoulder, or roadway.
   (C)   A vehicle which passes around a rotary traffic island shall be driven only to the right of such island.
(Neb. RS 60-6,138)

§ 5-114 RIGHT-OF-WAY; STOP AND YIELD SIGNS.

Bookmark§ 5-114  RIGHT-OF-WAY; STOP AND YIELD SIGNS.
   (A)   The City Council may provide for preferential right-of-way at an intersection and indicate such by stop signs or yield signs erected by such authorities.
   (B)   Except when directed to proceed by a peace officer or traffic control signal, every driver of a vehicle approaching an intersection where a stop is indicated by a stop sign shall stop at a clearly marked stop line or shall stop, if there is no such line, before entering the crosswalk on the near side of the intersection or, if no crosswalk is indicated, at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection. After having stopped, such driver shall yield the right-of-way to any vehicle which has entered the intersection from another highway or which is approaching so closely on such highway as to constitute an immediate hazard if such driver moved across or into such intersection.
   (C)   The driver of a vehicle approaching a yield sign shall slow to a speed reasonable under the existing conditions and, if required for safety to stop, shall stop at a clearly marked stop line or shall stop, if there is no such line, before entering the crosswalk on the near side of the intersection or, if no crosswalk is indicated, at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway. After slowing or stopping, such driver shall yield the right-of-way to any vehicle in the intersection or approaching on another highway so closely as to constitute an immediate hazard if such driver moved across or into such intersection.
(Neb. RS 60-6,148)

§ 5-115 INTERFERENCE WITH TRAFFIC CONTROL DEVICES OR RAILROAD SIGNS OR SIGNALS.

Bookmark§ 5-115  INTERFERENCE WITH TRAFFIC CONTROL DEVICES OR RAILROAD SIGNS OR SIGNALS.
   No person shall, without lawful authority, attempt to or in fact alter, deface, injure, knock down, or remove any traffic control device, any railroad sign or signal, or any part of such a device, sign, or signal.
(Neb. RS 60-6,129)

§ 5-116 SIGNS, MARKERS, DEVICES, OR NOTICES; PROHIBITED ACTS.

Bookmark§ 5-116  SIGNS, MARKERS, DEVICES, OR NOTICES; PROHIBITED ACTS.
   (A)   Any person who willfully or maliciously shoots upon the public highway and injures, defaces, damages, or destroys any signs, monuments, road markers, traffic control devices, traffic surveillance devices, or other public notices lawfully placed upon such highways shall be guilty of an offense.
   (B)   No person shall willfully or maliciously injure, deface, alter, or knock down any sign, traffic control device, or traffic surveillance device.
   (C)   It shall be unlawful for any person, other than a duly authorized representative of the Department of Roads, the county, or the city, to remove any sign, traffic control device, or traffic surveillance device placed along a highway for traffic control, warning, or informational purposes by official action of the department, county, or city. It shall be unlawful for any person to possess a sign or device which has been removed in violation of this division.
   (D)   Any person violating division (B) or (C) of this section shall be guilty of an offense and shall be assessed liquidated damages in the amount of the value of the sign, traffic control device, or traffic surveillance device and the cost of replacing it.
(Neb. RS 60-6,130)

§ 5-117 TIRE REQUIREMENTS AND PROHIBITIONS; PERMISSIVE USES.

Bookmark§ 5-117  TIRE REQUIREMENTS AND PROHIBITIONS; PERMISSIVE USES.
   (A)   Every solid rubber tire on a vehicle moved on any highway shall have rubber on its entire traction surface at least one inch thick above the edge of the flange of the entire periphery.
   (B)   No tire on a vehicle moved on a highway shall have on its periphery any clock, stud, flange, cleat, or spike or any other protuberance of any material other than rubber which projects beyond the tread of the traction surface of the tire, except that:
      (1)   This prohibition shall not apply to pneumatic tires with metal or metal-type studs not exceeding five-sixteenths of an inch in diameter inclusive of the stud-casing with an average protrusion beyond the tread surface of not more than seven-sixtyfourths of an inch between November 1 and April 1, except that school buses, mail carrier vehicles, and emergency vehicles shall be permitted to use metal or metal-type studs at any time during the year;
      (2)   It shall be permissible to use farm machinery with tires having protuberances which will not injure the highway; and
      (3)   It shall be permissible to use tire chains of reasonable proportions upon any vehicle when required for safety because of snow, ice, or other condition tending to cause a vehicle to slide or skid.
   (C)   (1)   No person shall operate or move on any highway any motor vehicle, trailer, or semitrailer:
         (a)   Having any metal tire in contact with the roadway; or
         (b)   Equipped with solid rubber tires.
      (2)   Division (C)(1) shall not apply to farm vehicles having a gross weight of 10,000 pounds or less or to implements of husbandry.
   (D)   The city may, in its discretion, issue special permits authorizing the operation upon a highway of traction engines or tractors having movable tracks with transverse corrugations upon the periphery of such movable tracks or farm tractors or other farm machinery.
(Neb. RS 60-6,250)
Statutory reference:
   Rubber tired cranes, see Neb. RS 60-6,288

§ 5-118 SPEED LIMITS; BASIC RULE.

Bookmark§ 5-118  SPEED LIMITS; BASIC RULE.
   No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. A person shall drive at a safe and appropriate speed when approaching and crossing an intersection or railroad grade crossing, when approaching and going around a curve, when approaching a hillcrest, when traveling upon any narrow or winding roadway, and when special hazards exist with respect to pedestrians or other traffic or by reason of weather or highway conditions.
(Neb. RS 60-6,185)

§ 5-119 SPEED LIMITS; MAXIMUM LIMITS.

Bookmark§ 5-119  SPEED LIMITS; MAXIMUM LIMITS.
   (A)   Except when a special hazard exists that requires lower speed for compliance with § 5-118, the limits set forth in this section and Neb. RS 60-6,187, 60-6,188, 60-6,305, and 60-6,313 shall be the maximum lawful speeds unless reduced pursuant to division (B), and no person shall drive a vehicle on a highway at a speed in excess of such maximum limits:
      (1)   Twenty-five miles per hour in any residential district;
      (2)   Twenty miles per hour in any business district;
      (3)   Fifty miles per hour upon any highway that is not dustless surfaced and not part of the state highway system;
      (4)   Fifty-five miles per hour upon any dustless-surfaced highway not a part of the state highway system; and
      (5)   Sixty miles per hour upon any part of the state highway system other than an expressway or a freeway, except that the Department of Roads may, where existing design and traffic conditions allow, according to an engineering study, authorize a speed limit FIVE miles per hour greater.
   (B)   The maximum speed limits established in division (A) may be reduced by the Department of Roads or the City Council pursuant to § 5-121 or Neb. RS 60-6,188.
   (C)   The City Council may erect and maintain suitable signs along highways under its jurisdiction in such number and at such locations as it deems necessary to give adequate notice of the speed limits established pursuant to division (A) or (B) upon such highways.
(Neb. RS 60-6,186)

§ 5-120 SPEED LIMITS; BRIDGES AND OTHER ELEVATED STRUCTURES.

Bookmark§ 5-120  SPEED LIMITS; BRIDGES AND OTHER ELEVATED STRUCTURES.
   (A)   No person shall drive a vehicle over any public bridge, causeway, viaduct, or other elevated structure at a speed which is greater than the maximum speed which can be maintained with safety thereon when such structure is posted with signs as provided in division (B).
   (B)   The Department of Roads or the City Council may conduct an investigation of any bridge or other elevated structure constituting a part of a highway under its jurisdiction, and if it finds that the structure cannot safely withstand vehicles traveling at the speed otherwise permissible, the Department or the City Council shall determine and declare the maximum speed of vehicles which the structure can safely withstand and shall cause suitable signs stating the maximum speed to be erected and maintained before each end of the structure.
   (C)   Upon the trial of any person charged with a violation of division (A), proof of the determination of the maximum speed by the Department or the City Council and the existence of such signs shall constitute conclusive evidence of the maximum speed which can be maintained with safety on the bridge or structure.
(Neb. RS 60-6,189)

§ 5-121 ALTERNATIVE MAXIMUM LIMITS.

Bookmark§ 5-121  ALTERNATIVE MAXIMUM LIMITS.
   (A)   Whenever the Department of Roads determines, upon the basis of an engineering and traffic investigation, that any maximum speed limit is greater or less than is reasonable or safe under the conditions found to exist at any intersection, place, or part of the state highway system outside of the corporate limits of cities and villages as well as inside the corporate limits of cities and villages on freeways which are part of the state highway system, it may determine and set a reasonable and safe maximum speed limit for such intersection, place, or part of such highway which shall be the lawful speed limit when appropriate signs giving notice thereof are erected at such intersection, place, or part of the highway, except that the maximum rural and freeway limits shall not be exceeded. Such a maximum speed limit may be set to be effective at all times or at such times as are indicated upon such signs.
   (B)   On all highways within its corporate limits, except on state-maintained freeways which are part of the state highway system, the City Council shall have the same power and duty to alter the maximum speed limits as the Department if the change is based on engineering and traffic investigation, except that no imposition of speed limits on highways which are part of the state highway system in the city shall be effective without the approval of the Department.
   (C)   Not more than six such speed limits shall be set per mile along a highway, except in the case of reduced limits at intersections, and the difference between adjacent limits shall not be more than 20 miles per hour.
   (D)   When the Department or the City Council determines by an investigation that certain vehicles in addition to those specified in Neb. RS 60-6,187, 60-6,305, and 60-6,313 cannot with safety travel at the speeds provided in §§ 5-119 and 5-120 and Neb. RS 60-6,187, 60-6,305, and 60-6,313 or set pursuant to this section, or Neb. RS 60-6,188, the Department or the City Council may restrict the speed limit for such vehicles on highways under its respective jurisdiction and post proper and adequate signs.
(Neb. RS 60-6,190)

§ 5-122 SPEED LIMITS; NEAR SCHOOLS.

Bookmark§ 5-122  SPEED LIMITS; NEAR SCHOOLS.
   (A)   It shall be unlawful for the driver of any vehicle, when passing premises on which school buildings are located and which are used for school purposes, during school recess or while children are going to or leaving school during the opening or closing hours, to drive the vehicle at a rate of speed in excess of 15 miles per hour past the premises.
   (B)   The driver shall stop at all stop signs located at or near such school premises, and it shall be unlawful for the driver to make a U-turn at any intersection where such stop signs are located at or near such school premises.

§ 5-123 SPEED LIMITS; VIOLATIONS; FINES.

Bookmark§ 5-123  SPEED LIMITS; VIOLATIONS; FINES.
   (A)   Any person who operates a vehicle in violation of any maximum speed limit established for any highway or freeway is guilty of a traffic infraction and upon conviction shall be fined:
      (1)   $10 for traveling one through five miles per hour over the authorized speed limit;
      (2)   $25 for traveling over five miles per hour but not over 10 miles per hour over the authorized speed limit;
      (3)   $75 for traveling over 10 miles per hour but not over 15 miles per hour over the authorized speed limit;
      (4)   $125 for traveling over 15 miles per hour but not over 20 miles per hour over the authorized speed limit;
      (5)   $200 for traveling over 20 miles per hour but not over 35 miles per hour over the authorized speed limit; and
      (6)   $300 for traveling over 35 miles per hour over the authorized speed limit.
   (B)   (1)   The fines prescribed in division (A) shall be doubled if the violation occurs within a maintenance, repair, or construction zone established pursuant to Neb. RS 60-6,188.
      (2)   For the purpose of this division (B), the following definition shall apply unless the context clearly indicates or requires a different meaning.
         MAINTENANCE, REPAIR, OR CONSTRUCTION ZONE.
            1.   a.   The portion of a highway identified by posted or moving signs as being under maintenance, repair, or construction; or
               b.   The portion of a highway identified by maintenance, repair, or construction zone speed limit signs displayed pursuant to Neb. RS 60-6,188; and
               c.   Within such portion of a highway where road construction workers are present.
            2.   The maintenance, repair, or construction zone starts at the location of the first sign identifying the maintenance, repair, or construction zone and continues until a posted or moving sign indicates that the maintenance, repair, or construction zone has ended.
   (C)   The fines prescribed in division (A) shall be doubled if the violation occurs within a school crossing zone.
(Neb. RS 60-682.01)

§ 5-124 TRUCK TRAFFIC.

Bookmark§ 5-124  TRUCK TRAFFIC.
   (A)   Truck defined. For the purposes of this section, the term TRUCK shall mean any motor vehicle designed, used or maintained primarily for the purpose of the transportation of property except vehicles commonly known as “pickup trucks.”
   (B)   Truck traffic prohibited in residential areas. Except as otherwise provided herein, truck traffic is prohibited on the public streets and alleys within all areas within the city which are zoned as residential areas; provided, however, that this prohibition shall not apply to trucks which are licensed as farm trucks, trucks entering or leaving a residential area to pick up or deliver goods, wares or merchandise, trucks which are owned by governmental agencies or public utility companies, or trucks which are traveling upon streets which are part of the Nebraska highway system.
(Neb. RS 39-697, 39-6,189)  (Ord. 441, passed 10-11-1983; Ord. 526, passed 6-13-1988; Ord. 798, passed 5-8-2006)

§ 5-125 SCHOOL CROSSING ZONES; DESIGNATION.

Bookmark§ 5-125  SCHOOL CROSSING ZONES; DESIGNATION.
   (A)   Neb. RS 60-682.01 provides fines for operating a motor vehicle in violation of authorized speed limits and states that the fines are doubled if the violation occurs within a school crossing zone.
   (B)   Neb. RS 60-6,134.01 makes it unlawful for a person operating a motor vehicle to overtake and pass another vehicle in a school crossing zone in which the roadway has only one lane of traffic in each direction and provides fines for violation of that prohibition.
   (C)   The governing body may, by resolution, designate to the public any area of a roadway, other than a freeway, as a school crossing zone through the use of a sign or traffic control device as specified by the governing body in conformity with the Manual on Uniform Traffic Control Devices. Any school crossing zone so designated starts at the location of the first sign or traffic control device identifying the school crossing zone and continues until a sign or traffic control device indicates that the school crossing zone has ended.
(Neb. RS 60-658.01)  (Ord. 679, passed 10-12-1998)

§ 5-126 SCHOOL CROSSING ZONES; OVERTAKING AND PASSING.

Bookmark§ 5-126  SCHOOL CROSSING ZONES; OVERTAKING AND PASSING.
   A person operating a motor vehicle may not overtake and pass another vehicle in any school crossing zone designated by the governing body in which the roadway has only one lane of traffic in each direction.
(Neb. RS 60-6,134.01)  (Ord. 680, passed 10-12-1998)

ARTICLE 2: OPERATOR AND VEHICLE QUALIFICATIONS

BookmarkARTICLE 2:  OPERATOR AND VEHICLE QUALIFICATIONS
Section
General Provisions
   5-201   Registration; operator and vehicle license
   5-202   Registration; trailers
   5-203   Vehicles; equipment and maintenance
   5-204   Vehicles; unobstructed view
   5-205   Vehicle; muffler
   5-206   Loads; projecting
   5-207   Loads; spilling
   5-208   Vehicle; emissions
   5-209   Vehicle; width, height, length
   5-210   Vehicle; load limitation
   5-211   Vehicles; engine braking prohibited
All-terrain Vehicles (ATV) , Utility-type Vehicles (UTV) and Golf Car Vehicles
   5-220   Definitions
   5-221   Operation limits and vehicle requirements
   5-222   Operator/owner requirements

GENERAL PROVISIONS

GENERAL PROVISIONS

§ 5-201 REGISTRATION; OPERATOR AND VEHICLE LICENSE.

Bookmark§ 5-201  REGISTRATION; OPERATOR AND VEHICLE LICENSE.
   (A)   No person shall operate or park a motor vehicle upon any street, alley or public highway within the municipality without having first registered the same in accordance with Neb. RS Chapter 60, Article 3, and Neb. RS 60-321, except as provided in this division (A). A person may operate a motor vehicle without registration for a period not to exceed 30 days from the date of purchase. Upon registration, such vehicle shall have the required number plates displayed upon said vehicle in the manner and places provided for by Neb. RS 60-323. If a citation is issued to an owner or operator of vehicle for a violation of this division (A) and the owner properly registers and licenses the vehicle not in compliance and pays all taxes and fees due and the owner or operator provides proof of such registration to the prosecuting attorney within ten days after the issuance of the citation, no prosecution for the offense cited shall occur.
   (B)   No person shall operate a motor vehicle upon any street, alley or public highway without having obtained a motor vehicle operator’s license in accordance with Neb. RS Chapter 60, Article 4. It shall be unlawful for any person to operate a motor vehicle upon any street, alley or public highway during the period that his or her operator’s license has been revoked or canceled.
(Neb. RS 60-302, 60-320, 60-320.01, 60-321, 60-323, 60-4,186)  (Ord. 570, passed 4-13-1992; Ord. 624, passed 1-8-1996)

§ 5-202 REGISTRATION; TRAILERS.

Bookmark§ 5-202  REGISTRATION; TRAILERS.
   No trailer, semitrailer or cabin trailer shall be operated or parked on any street, alley or public highway within the municipality without having first registered the same in accordance with Neb. RS Chapter 60, Article 3, and Neb. RS 60-321, except as provided in this section. A person may pull such trailer, semitrailer or cabin trailer without registration for a period not to exceed 30 days from the date of purchase. Upon registration, such trailer, semitrailer or cabin trailer shall have the required number plate displayed upon said trailer as provided for by Neb. RS 60-311. If a citation is issued to an owner or operator of a vehicle for a violation of this section and the owner properly registers and licenses the vehicle not in compliance and pays all taxes and fees due and the owner or operator provides proof of such registration to the prosecuting attorney within ten days after the issuance of the citation, no prosecution for the offense cited shall occur.
(Neb. RS 60-302, 60-320, 60-321)  (Ord. 625, passed 1-8-1996)

§ 5-203 VEHICLES; EQUIPMENT AND MAINTENANCE.

Bookmark§ 5-203  VEHICLES; EQUIPMENT AND MAINTENANCE.
   Every motor vehicle, while in use on the streets, alleys or highways of the municipality shall be equipped with efficient brakes adequate to control the movement of, to stop and to hold such vehicle, including two separate means of applying the brakes, and shall be further equipped with a good and sufficient horn in good working order, or other efficient signal devices. From sunset to sunrise, and any other time when there is not sufficient light to render clearly discernible persons or vehicles upon the street, alley or highway at a distance of 500 feet, every motor vehicle shall be equipped with lighted headlights, and every motor vehicle and trailer shall be equipped with one or more taillights, at the rear of the motor vehicle or trailer, exhibiting a red light visible from a distance of at least 500 feet to the rear of such vehicle. No person shall operate any vehicle which is equipped with an electric light or lights that confuse travelers or pedestrians on streets or crosswalks within the municipality. Every motor vehicle having a width of 80 inches or more shall display clearance lights as required by state law. All vehicle brakes shall be maintained in good working order; provided, motorcycles need only be equipped with one brake. All horns on motor vehicles shall be capable of emitting sound audible under normal conditions from a distance of not less than 200 feet; provided, no vehicle except as herein provided, shall be equipped with, nor shall any person use upon a vehicle, any siren, or horn otherwise than as reasonable warning; nor shall any person use any horn or warning device upon a vehicle to make any unnecessary, loud or harsh sound; and provided further that, every Police and Fire Department vehicle, ambulance or other authorized emergency vehicle used for emergency calls shall be equipped with a bell, siren or whistle of the type approved by the governing body.
(Neb. RS 60-6,219, 60-6,220, 60-6,224, 60-6,235, 60-6,244, 60-6,285)  (Ord. 626, passed 1-8-1996)

§ 5-204 VEHICLES; UNOBSTRUCTED VIEW.

Bookmark§ 5-204  VEHICLES; UNOBSTRUCTED VIEW.
   No person shall drive on a street any motor vehicle constructed or loaded in such a way as to prevent the driver from obtaining a view of the street to the rear unless such vehicle is equipped with a mirror so located as to reflect to the driver a view of the street for a distance of at least 200 feet to the rear of such vehicle. It shall be unlawful for any person to drive upon a street, any vehicle with a sign, poster or other non-transparent material upon the front windshield, side windows or rear windows of such motor vehicle other than a certificate, or paper required to be so displayed by law. Every windshield on a motor vehicle shall be equipped with a device for removing rain, snow or other moisture from the windshield, which device shall be so constructed as to be operated by the driver within the vehicle.
(Neb. RS 60-6,254, 60-6,255, 60-6,256)

§ 5-205 VEHICLE; MUFFLER.

Bookmark§ 5-205  VEHICLE; MUFFLER.
   Every motor vehicle operated within this municipality shall be provided with a muffler in good working order to prevent excessive or unusual noise. It shall be unlawful to use a “muffler cut-out” on any motor vehicle upon any streets; provided, the provisions of this section shall not apply to authorized emergency vehicles.
(Neb. RS 60-6,286)

§ 5-206 LOADS; PROJECTING.

Bookmark§ 5-206  LOADS; PROJECTING.
   When any vehicle shall be loaded in such a manner that any portion of the load extends more than four feet beyond the rear of the bed or the body of such vehicle, a red flag shall be carried by day, and red light after sunset at the extreme rear end of such load.
(Neb. RS 60-6,243)

§ 5-207 LOADS; SPILLING.

Bookmark§ 5-207  LOADS; SPILLING.
   All vehicles used for carrying coal, earth, cinders, sand, gravel, rock, asphalt, tar or any similar substance shall be so constructed as to prevent the sifting or spilling of any of the contents.
(Neb. RS 60-6,304)

§ 5-208 VEHICLE; EMISSIONS.

Bookmark§ 5-208  VEHICLE; EMISSIONS.
   No person shall operate upon any street or alley any motor vehicle in such manner as to permit to escape any unnecessary smoke, gas, steam or offensive odor or in such manner as to discharge any embers, oils or residue from the fuel used in the operation thereof.
 

§ 5-209 VEHICLE; WIDTH, HEIGHT, LENGTH.

Bookmark§ 5-209  VEHICLE; WIDTH, HEIGHT, LENGTH.
   No vehicle shall exceed the total outside limitations on width, height or length which are established under the laws of Nebraska. All such measurements shall include the load of the vehicle.

§ 5-210 VEHICLE; LOAD LIMITATION.

Bookmark§ 5-210  VEHICLE; LOAD LIMITATION.
   No vehicle shall be permitted to operate upon any street or alley of this municipality when any such vehicle is overloaded according to the laws of the state. Whenever any police officer has reason to believe any vehicle is so overloaded, it shall be his or her duty to require the prompt weighing of the same by the driver, owner or operator thereof. If such vehicle is found to be overloaded, the same shall be impounded by said police officer and shall not be removed from the yard of the weighing station until the load has been reduced to the lawful limit. The municipality shall not be liable for any expense, inconvenience or loss in connection with the enforcement of this section. The owner and operator of any vehicle found to be overloaded under this section shall be guilty of a misdemeanor.

§ 5-211 VEHICLES; ENGINE BRAKING PROHIBITED.

Bookmark§ 5-211  VEHICLES; ENGINE BRAKING PROHIBITED.
   (A)   Definition.ENGINE BRAKING is defined as the use of any means by which the engine, transmission or exhaust of any vehicle is employed as a braking mechanism.
   (B)   Use unlawful. It shall be unlawful for anyone to use engine braking within the city limits.
(Ord. 688, passed 2-8-1999; Ord. 701, passed 2-14-2000)

ALL-TERRAIN VEHICLES (ATV), UTILITY-TYPE VEHICLES (UTV) AND GOLF CAR VEHICLES

ALL-TERRAIN VEHICLES (ATV), UTILITY-TYPE VEHICLES (UTV) AND GOLF CAR VEHICLES

§ 5-220 DEFINITIONS.

Bookmark§ 5-220  DEFINITIONS.
   For definitions of ALL-TERRAIN VEHICLES (ATV), UTILITY-TYPE VEHICLES (UTV) and GOLF CAR VEHICLES, see § 5-101.

§ 5-221 OPERATION LIMITS AND VEHICLE REQUIREMENTS.

Bookmark§ 5-221  OPERATION LIMITS AND VEHICLE REQUIREMENTS.
   (A)   Golf car vehicles, ATVs and UTVs may be operated on the streets within the corporate limits of the city if:
      (1)   The operation is between sunrise and sunset;
      (2)   The operation is on streets with a posted speed limit of 35 miles per hour or less;
      (3)   The vehicle is equipped with a safety orange whip flag, measuring no less than six feet in height;
      (4)   Any and all occupants or riders of the vehicle are properly seated in their own seat;
      (5)   The vehicle is equipped with a clearly-displayed and valid City of Franklin permit which the owner of the vehicle has obtained from the City Clerk by January 30 of each year;
      (6)   The vehicle shall be equipped with:
         (a)   A brake system maintained in good operating condition;
         (b)   An adequate muffler system in good working condition; and
         (c)   A United States Forrest Service qualified spark arrestor;
      (7)   The vehicle shall not have an exhaust system with a cut out, bypass or similar device;
      (8)   No ATV nor UTV shall have the spark arrestor removed or modified;
      (9)   ATVs and UTVs shall be equipped with working brake lights.
   (B)   When operating a golf car vehicle, ATV or UTV as authorized under this division, the operator shall not at any times operate such vehicle at a speed in excess of 20 miles per hour.
   (C)   When operating a golf car vehicle, ATV or UTV as authorized under this division, the vehicle shall not be operated at any time on any state or federal highway unless to cross a portion of the highway system which intersects a street in only the following manner:
      (1)   The crossing is made at an angle of approximately 90 degrees to the direction of the highway and at a place where no obstruction prevents a quick and safe crossing;
      (2)   The vehicle is brought to a complete stop before crossing the shoulder or roadway of the highway;
      (3)   The operator yields the right-of-way to all oncoming traffic that constitutes an immediate potential hazard; and
      (4)   In crossing a divided highway, the crossing is made only at an intersection of such highway with a street or road, as applicable.
(Ord. 904, passed 11-9-2015; Ord. 911, passed 5-9-2016; Ord. 920, passed 11-14-2017)

§ 5-222 OPERATOR/OWNER REQUIREMENTS.

Bookmark§ 5-222  OPERATOR/OWNER REQUIREMENTS.
   Any person operating a golf car vehicle, ATV or UTV  as authorized under this subchapter shall have a valid Class O operator's license and the owner of the vehicle shall have liability insurance coverage for the vehicle. The person operating the vehicle shall provide proof of such insurance coverage to any peace officer requesting such proof within five days after such a request and shall present such proof at the time of obtaining the vehicle's annual City of Franklin permit from the City Clerk. The liability insurance coverage shall be subject to limits, exclusive of interest and costs, as follows: $25,000 because of bodily injury to or death of one person in any one accident and, subject to such limit for one person, $50,000 because of bodily injury to or death of two or more persons in any one accident, and $25,000 because of injury to or destruction of property of others in any one accident.
(Ord. 904, passed 11-9-2015; Ord. 911, passed 5-9-2016; Ord. 920, passed 11-14-2017)

ARTICLE 3: PARKING

BookmarkARTICLE 3:  PARKING
Section
   5-301   Regulation or prohibition authorized
   5-302   Roadway outside business or residential district
   5-303   General prohibitions; exceptions
   5-304   Obstructing street, intersection, or entrance
   5-305   Intersections
   5-306   Alleys
   5-307   Truck parking, loading, and unloading
   5-308   Display or repair of vehicle
   5-309   Current registration
   5-310   Time limits
   5-311   Snow; weather emergencies; highway maintenance
   5-312   Parallel, angle, and center parking
   5-313   Backing freight vehicle to curb
   5-314   Unattended motor vehicle
   5-315   Painting of curbs
   5-316   Tickets
   5-317   Removal of illegally stopped vehicles; liability for costs

§ 5-301 REGULATION OR PROHIBITION AUTHORIZED.

Bookmark§ 5-301  REGULATION OR PROHIBITION AUTHORIZED.
   (A)   The City Council with respect to highways under its jurisdiction and within the reasonable exercise of the police power may regulate or prohibit stopping, standing, or parking.
(Neb. RS 60-680)
   (B)   If the City Council regulates or prohibits stopping, standing, or parking all vehicles or a particular kind or class of vehicles on a highway or a portion of a highway, no person shall stop, stand, or park a vehicle subject to such regulation or prohibition on the highway or portion thereof longer than a period of time necessary to load and unload freight or passengers.

§ 5-302 ROADWAY OUTSIDE BUSINESS OR RESIDENTIAL DISTRICT.

Bookmark§ 5-302  ROADWAY OUTSIDE BUSINESS OR RESIDENTIAL DISTRICT.
   (A)   No person shall stop, park, or leave standing any vehicle, whether attended or unattended, upon a roadway outside of a business or residential district when it is practicable to stop, park, or leave such vehicle off such part of a highway, but in any event an unobstructed width of the roadway opposite a standing vehicle shall be left for the free passage of other vehicles and a clear view of such stopped vehicle shall be available from a distance of 200 feet in each direction upon such highway. Such parking, stopping, or standing shall in no event exceed 24 hours.
   (B)   No person shall stop, park, or leave standing any vehicle on a freeway except in areas designated or unless so directed by a peace officer, except that when a vehicle is disabled or inoperable or the driver of the vehicle is ill or incapacitated, such vehicle shall be permitted to park, stop, or stand on the shoulder facing in the direction of travel with all wheels and projecting parts of such vehicle completely clear of the traveled lanes, but in no event shall such parking, standing, or stopping upon the shoulder of a freeway exceed 12 hours.
   (C)   No person, except law enforcement, fire department, emergency management, public or private ambulance, or authorized Department of Roads or local authority personnel, shall loiter or stand or park any vehicle upon any bridge, highway, or structure which is located above or below or crosses over or under the roadway of any highway or approach or exit road thereto.
   (D)   Whenever a vehicle is disabled or inoperable in a roadway or for any reason obstructs the regular flow of traffic for reasons other than an accident, the driver shall move or cause the vehicle to be moved as soon as practical so as to not obstruct the regular flow of traffic.
   (E)   This section does not apply to the driver of any vehicle which is disabled while on the roadway in such manner and to such extent that it is impossible to avoid stopping and temporarily leaving such disabled vehicle in such position until such time as it can be removed pursuant to division (D) of this section.
(Neb. RS 60-6,164)

§ 5-303 GENERAL PROHIBITIONS; EXCEPTIONS.

Bookmark§ 5-303  GENERAL PROHIBITIONS; EXCEPTIONS.
   (A)   Except when necessary to avoid conflict with other traffic or when in compliance with law or the directions of a peace officer or traffic control device, no person shall:
      (1)   Stop, stand, or park any vehicle:
         (a)   On the roadway side of any vehicle stopped or parked at the edge or curb of a street;
         (b)   On a sidewalk;
         (c)   Within an intersection;
         (d)   On a crosswalk;
         (e)   Between a safety zone and the adjacent curb or within 30 feet of points on the curb immediately opposite the ends of a safety zone unless the City Council indicates a different length by signs or markings;
         (f)   Alongside or opposite any street excavation or obstruction when stopping, standing, or parking would obstruct traffic;
         (g)   Upon any bridge or other elevated structure over a highway or within a highway tunnel;
         (h)   On any railroad track; or
         (i)   At any place where official signs prohibit stopping.
      (2)   Stand or park a vehicle, whether occupied or not, except momentarily to pick up or discharge a passenger or passengers:
         (a)   In front of a public or private driveway;
         (b)   Within 15 feet of a fire hydrant;
         (c)   Within 20 feet of a crosswalk at an intersection;
         (d)   Within 30 feet of any flashing signal, stop sign, yield sign, or other traffic control device located at the side of a roadway;
         (e)   Within 20 feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within 75 feet of such entrance when properly signposted;
         (f)   At any place where official signs prohibit standing; or
      (3)   Park a vehicle, whether occupied or not, except temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers:
         (a)   Within 50 feet of the nearest rail of a railroad crossing; or
         (b)   At any place where official signs prohibit parking.
   (B)   No person shall move a vehicle not lawfully under his or her control into any such prohibited area or away from a curb such a distance as shall be unlawful.
(Neb. RS 60-6,166)

§ 5-304 OBSTRUCTING STREET, INTERSECTION, OR ENTRANCE.

Bookmark§ 5-304  OBSTRUCTING STREET, INTERSECTION, OR ENTRANCE.
   No person shall, except in case of an accident or emergency, stop any vehicle in any location where stopping will obstruct any street, intersection, or entrance to an alley or public or private drive.

§ 5-305 INTERSECTIONS.

Bookmark§ 5-305  INTERSECTIONS.
   Except when necessary to avoid conflict with other traffic or when in compliance with law or the directions of a peace officer or traffic control device, no person shall park a vehicle or leave a vehicle standing for any purpose, except momentarily to load or discharge passengers, within 25 feet of the intersection of curb lines, or if none, then within 15 feet of the intersection of property lines, or where the curb lines are painted red or another color specified by the City Council to indicate such prohibition.

§ 5-306 ALLEYS.

Bookmark§ 5-306  ALLEYS.
   (A)   No person shall park a vehicle with any portion thereof projecting into any alley entrance.
   (B)   No person shall park a vehicle in any alley, except for the purpose of loading or unloading during the time necessary to load or unload, which shall not exceed the maximum limit of one-half hour. Every vehicle while loading or unloading in an alley shall be parked in such manner as will cause the least obstruction possible to traffic in the alley.

§ 5-307 TRUCK PARKING, LOADING, AND UNLOADING.

Bookmark§ 5-307  TRUCK PARKING, LOADING, AND UNLOADING. 
   (A)   It shall be unlawful for the operator of any truck with an overall length of more than 20 feet to park or stop such vehicle on a street within the business district except to load or unload when loading or unloading in an alley is impossible and then only for the period of time reasonably necessary to load or unload.
   (B)   If the City Council provides truck parking areas adjoining or adjacent to the business district, all truck operators shall use such parking areas for all parking purposes.
   (C)   Except in an area provided for by the City Council by resolution, it shall be unlawful for the operator of any truck, including an oil tanker, to park or stop for any period of time within the limits of any street outside the business district except for the purpose of loading or unloading the cargo thereof in the ordinary course of business.

§ 5-308 DISPLAY OR REPAIR OF VEHICLE.

Bookmark§ 5-308  DISPLAY OR REPAIR OF VEHICLE.
   It shall be unlawful for any person to park upon any highway or public place within the city any vehicle displayed for sale. Except when necessary due to a breakdown or other emergency, no person shall adjust or repair, or race the motor of, any motor vehicle or motorcycle while standing on the highways of the city. No person or employee connected with a garage or repair shop shall use sidewalks or highways in the vicinity of the garage or shop for the purpose of working on vehicles of any description.

§ 5-309 CURRENT REGISTRATION.

Bookmark§ 5-309  CURRENT REGISTRATION.
   It shall be unlawful to park or place on the highways or other public property any vehicle required to be registered by the Motor Vehicle Registration Act that is not registered in accordance with the Act.
Statutory reference:
   Motor Vehicle Registration Act, see Neb. RS  60-301

§ 5-310 TIME LIMITS.

Bookmark§ 5-310  TIME LIMITS.
   (A)   The governing body may, by resolution, entirely prohibit, or fix a time limit for, the parking and stopping of vehicles on any street, streets or district designated by such resolution, and the parking or stopping of any vehicle on any such street, streets or district for a period of time longer than fixed in such resolution shall constitute a violation of this article.
   (B)   It shall be unlawful for recreational trailers, motor homes, campers, flat-bed trailers, stock trailers, equipment trailers, car trailers, boat trailers or any type of trailer or combination thereof, to be parked on residential streets within the corporate limits of the city, except while loading or unloading, for a period in excess of 24 hours.
   (C)   It shall be unlawful for any truck, or truck tractor and trailer combination, commonly known as semi-trucks, in excess of 35 feet in length to be parked upon any street within the city for a time in excess