(A)  The Mayor of the municipality shall have the general, and immediate control over all property, and officials, whether elected, or appointed, of the municipality. He or she shall preside at all meetings of the City Council, and may vote when his or her vote shall be decisive and the Council is equally divided 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. His or her signature must appear on the Municipal Clerk’s minutes of all meetings, and he or she must sign all resolutions which have been passed, and warrants for the payment of money when ordered by the City Council; provided, any ordinance vetoed by the Mayor may be passed over his or her veto by a two-thirds vote by the members of the City Council, but if the Mayor neglects or refuses to sign any ordinance, and returns it to the Council with his or her objections in writing at the next regular Council meeting, the same shall become a law without his or her signature.

(B)  He or she shall from time to time communicate to the Council such information and recommendations as, in his or her opinion, may improve the municipality. He or she may require at reasonable intervals any municipal official to exhibit his or her accounts and make reports to the Council on any subject pertaining to his or her office. He or she shall have the power to remit fines or pardon any offense arising under the ordinances of the municipality. He or she may remove at any time an appointed police officer of the municipality. His or her territorial authority shall extend over all places within five miles of the corporate limits of the municipality for the enforcement of any health ordinance, and one-half mile in all matters vested in him or her except taxation. He or she shall also have such other duties as the City Council may by resolution confer upon him or her, or in any other matters which the laws of the state repose in him or her. He or she shall be elected at the municipal election, and shall serve a four-year term of office.

(Neb. RS 17-110 through 17-117; 1999 Code, § 1-101)

The City Council shall elect one of its own body each year who shall be styled the President of the Council, and who shall preside at all meetings of the City Council in the absence of the Mayor. In the absence of the Mayor, and the President of the Council, the City Council shall elect one of its own body to occupy his or her place temporarily, who shall be styled Acting President of the Council. Both the

President of the Council and the Acting President of the Council, when occupying the position of the Mayor, shall have the same privileges as the other members of the City Council, and all acts of the President of the Council, or Acting President of the Council, while so acting, shall be as binding upon the City Council, and upon the municipality as if done by the elected Mayor.

(Neb. RS 17-148; 1999 Code, § 1-102)

The members of the City Council shall be elected and serve for a four-year term. The City Council shall be the legislative division of the municipal government, and shall perform such duties, and have such powers as may be authorized by law. The City Council shall maintain the peace, regulate business, protect the public health and safety, and assess such taxes and fees as are necessary and appropriate in the exercise of these functions.

(Neb. RS 17-103, 17-104; 1999 Code, § 1-103)

City Council members of this municipality shall take office, and commence their duties on the first regular meeting in December following their election. The newly elected Council members who have qualified as prescribed by law, together with the members of the City Council holding over, shall assemble in a regular meeting at the hour and place hereinafter prescribed and perfect the reorganization of the City Council as herein provided, and all appointive offices in which the terms of incumbents are expired shall be filled by appointment. After the said meeting has been called to order, the Municipal Clerk shall report to the City Council the names of all City Council members-elect who have qualified for their respective offices, and this report shall be spread upon the minutes of the meeting preceding the roll call. Each ward of the municipality shall be represented by at least two Council members. No person shall be eligible who is not at the time of his or her election an actual resident of the ward for which he or she is qualified and should any City Council member move from the ward from which he or she was elected, his or her office shall thereby become vacant.

(Neb. RS 17-104; 1999 Code, § 1-104)

(A)  Vacancies in city elected offices shall be filled by the Mayor and Council for the balance of the unexpired term, except as provided in this section. 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.

(B)  The City 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.

(C)  The Mayor shall within four weeks after the regular meeting at which such notice has been presented, or upon the death of the incumbent, call a special meeting of the City Council at which time the Mayor shall submit the name of a qualified elector to fill the vacancy for the balance of the unexpired term.

(D)  No officer who is removed at a recall election or resigns after the initiation of the recall process shall be appointed to fill the vacancy resulting from his or her removal or the removal of any other member of the City Council during the remainder of his or her term of office.

(E)   Upon a majority vote of approval by the City Council, the vacancy shall be filled. If a majority vote is not reached, the nomination shall be rejected and the Mayor shall at the next regular meeting submit the name of another qualified elector. If the vote on the nominee fails to carry by majority vote, the Mayor shall continue at such meeting to submit the names of qualified electors and the City Council shall continue to vote upon such nominations until the vacancy is filled.

(F)   The Mayor shall cast his or her vote only in case of a tie vote of the City Council.

(G)  All City Council members shall cast a ballot for or against each nominee.

(H)  Any member of the City Council who has been appointed to fill a vacancy on the Council shall have the same rights, including voting, as if such person were elected.

(I)    The Mayor and Council may, in lieu of filling a vacancy in a city office as provided above in this section, call a special municipal election to fill such vacancy.

(J)   If there are vacancies in the offices of a majority of the members of the City Council, there shall be a special municipal election conducted by the Secretary of State to fill such vacancies.

(Neb. RS 32-568, 32-569; 1999 Code, § 1-105)

(A)  Whenever a vacancy occurs in the office of Mayor, or in case of his or her disability or absence, the President of the Council shall exercise the office of Mayor for the unexpired term until such vacancy is filled or such disability is removed, or in case of temporary absence, until the Mayor returns.

(B)  When the successful candidate  for Mayor shall be prevented  from assuming office,  the incumbent Mayor shall not be entitled to hold over the term, but such office shall automatically become vacant and the President of the Council shall exercise the office of Mayor until such vacancy is filled.

(C)  If the President of the Council shall for any cause assume the office of Mayor for the remainder of the unexpired term, there shall be a vacancy on the Council which shall be filled as provided in § 33.05.

(Neb. RS 17-107; 1999 Code, § 1-106)

(A)  The Mayor and members of the Council shall hold no other elective or appointive office or employment with the city.

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

Elective Office. Any office which has candidates nominated or elected at the time of a state-wide primary election, any office which has candidates nominated at the time of a state-wide primary election and elected at the time of a state-wide general election, any office which has candidates elected at the time of a state-wide general election, any office which has candidates nominated or elected at a city or village election, and any office created by an act of the legislature which has candidates elected at an election and includes an office which is filled at an election held in conjunction with the annual meeting of a public body created by an act of the legislature.

High Elective Office. A member of the legislature, an elective office described in Article IV, §§ 1 or 20, or Article VII, §§ 3 or 10, of the Constitution of Nebraska, or a county, city or school district elective office.

(C)  No candidate for member of the legislature or an elective office described in Article IV, §§ 1 or 20, or Article VII, §§ 3 or 10, of the Constitution of Nebraska shall be eligible to file as a candidate, to petition on the ballot as a candidate, to accept a nomination by a political party or by party convention, caucus or committee to fill a vacancy, or to be a declared write-in candidate for more than one elective office to be filled at the same election except for the position of delegate to a county, state or national political party convention. No candidate for any other high elective office shall be eligible to file as a candidate, to petition on the ballot as a candidate, to accept a nomination by a political party or by party convention, caucus or committee to fill a vacancy, or to be declared a write-in candidate for more than one high elective office to be filled at the same election.

(D)  Except as provided in divisions (E) or (G) below, no person shall be precluded from being elected or appointed to or holding an elective office for the reason that he or she has been elected or appointed to or holds another elective office.

(E)   No person serving as a member of the legislature or in an elective office described in Article IV, §§ 1 or 20, or Article VII, §§ 3 or 10, of the Constitution of Nebraska shall simultaneously serve in any other elective office, except that such a person may simultaneously serve in another elective office which is filled at an election held in conjunction with the annual meeting of a public body.

(F)   Whenever an incumbent serving as a member of the legislature or in an elective office described in Article IV, §§ 1 or 20, or Article VII, §§ 3 or 10, of the Constitution of Nebraska assumes another elective office, except an elective office filled at an election held in conjunction with the annual meeting of a public body, the office first held by the incumbent shall be deemed vacant.

(G)  No person serving in a high elective office shall simultaneously serve in any other high elective office.

(H)  Notwithstanding divisions (E) through (G) above, any person holding more than one high elective office upon September 13, 1997, shall be entitled to serve the remainder of all terms for which he or she was elected or appointed.

(Neb. RS 17-108.02, 32-109, 32-603, 32-604; 1999 Code, § 1-107)

(A)  The Mayor, with the consent of the City Council, may appoint such officers as shall be required by ordinance or otherwise required by law. The Mayor, by and with the consent of the City Council, shall appoint such a number of regular police officers as may be necessary. The City Council may establish and provide for the appointment of members of a law enforcement reserve force as provided by law.

(B)  All police officers and other appointed officials may be removed at any time by the Mayor, except that if the municipality has a Municipal Water Commissioner, he or she may at any time, for sufficient cause, be removed from office by a two-thirds vote of the City Council.

(Neb. RS 17-107, 17-541, 81-1438; 1999 Code, § 1-201)

(A)  The governing body 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. The salary or compensation of the officer or employee holding the merged or combined offices or employments or offices and employments shall not be in excess of the maximum amount provided by law for the salary or compensation of the office, offices, employment or employments so merged and combined. For purposes of this section, volunteer firefighters and ambulance drivers shall not be considered officers.

(Neb. RS 17-108.02; 1999 Code, § 1-202)

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

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

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

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

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

(F)   The Municipal Clerk may charge a reasonable fee for certified copies of any record in his or her office as set by resolution of the governing body. He or she shall destroy municipal records under the direction of the Nebraska Records Board pursuant to Neb. RS 84-1201 through 84-1220; provided, the governing body shall not have the authority to destroy the minutes of the Municipal Clerk, the permanent ordinances, and resolution books, or any other records classified as permanent by the Nebraska Records Board.

(Neb. RS 17-605, 19-1102, 19-1104, 84-1201 through 84-1220, 84-712; 1999 Code, § 1-203)

(A)  The Municipal Treasurer shall be the custodian of all moneys belonging to the municipality. He or she shall keep all money belonging to the municipality separate, and distinct from his or her own money. He or she shall keep a separate account of each fund or appropriation, and the debits, and credits belonging thereto. He or she shall issue duplicate receipts for all moneys received by him or her for the municipality. He or she shall give to every person paying money into the Municipal Treasury, a receipt therefor, specifying the date of payment, and the account paid. One of the receipts shall be filed with his or her monthly report, and the last copy of the said receipt shall be kept on file in his or her office. His or her books, and accounts shall always be open for inspection by any citizen of the municipality whenever any municipal fiscal record, audit, warrant, voucher, invoice, purchase order, requisition, payroll check, receipt or other record of receipt, cash or expenditure involving public funds is involved. He or she shall cancel all bonds, coupons, warrants and other evidences of debt against the municipality, whenever paid by him or her, by writing, or stamping on the face thereof, “Paid by the Municipal Treasurer”, with the date of payment written or stamped thereon.

(B)  He or she shall collect all special taxes, allocate special assessments to the several owners, and shall obtain from the County Treasurer a monthly report as to the collection of delinquent taxes. The Treasurer’s daily cash book shall be footed and balanced daily, and he or she shall adopt such bookkeeping methods as the governing body shall prescribe. He or she shall invest and collect all money owned by, or owed to, the municipality as directed by the governing body.

(Neb. RS 17-606 through 17-609, 84-712; 1999 Code, § 1-204)

(A)  Treasurer’s monthly report. The Municipal Treasurer shall, at the end of each and every month, and such other times as the governing body may deem necessary, render an account to the governing body under oath showing the financial state of the municipality at that date, the amount of money remaining in each fund and the amount paid therefrom, and the balance of money remaining in the Treasury. He or she shall accompany the said account with a statement of all receipts, and disbursements, together with all warrants redeemed, and paid by him or her. He or she shall also produce depository evidence that all municipal money is in a solvent, and going bank in the name of the municipality. If the Municipal Treasurer shall neglect, or fail for the space of ten days from the end of each and every month to render his or her accounts as aforesaid, the governing body shall, by resolution, declare the office vacant, and appoint some person to fill the vacancy. The Municipal Treasurer shall be present at each regular meeting of the governing body at which time he or she shall read, and file his or her monthly report.

(B)  Treasurer’s annual report. The Municipal Treasurer shall publish in a legal newspaper having general circulation within the municipality, within 60 days following August 1 of each year, a report of the activities of his or her office which said report shall show in detail. Said report shall include all receipts, disbursements, warrants outstanding, and the debit, or credit balance of the municipality.

(Neb. RS 17-606; Neb. RS 19-1101; 1999 Code, § 1-205:206)

The Municipal Attorney is the municipality’s legal advisor, and as such he or she shall commence, prosecute, and defend all suits on behalf of the municipality. When requested by the governing body, he or she shall attend meetings of the governing body, and shall advise any municipal official in all matters of law in which the interests of the municipality may be involved. He or she shall draft such ordinances, bonds, contracts and other writings as may be required in the administration of the affairs of the municipality. He or she shall examine all bonds, contracts and documents on which the governing body will be required to act, and attach thereto a brief statement in writing to all such instruments, and documents as to whether, or not, the document is in legal, and proper form. He or she shall prepare complaints, attend and prosecute violations of the municipal ordinances when directed to do so by the governing body. Without direction, he or she shall appear, and prosecute all cases for violation of the municipal ordinances that have been appealed to, and are pending in any higher court. He or she shall also examine, when requested to do so by the governing body, the ordinance records, and advise, and assist the Municipal Clerk as much as may be necessary to the end that each procedural step will be taken in the passage of each ordinance to ensure that they will be valid, and subsisting local laws in so far as their passage, and approval are concerned. The governing body shall have the right to compensate the Municipal Attorney for legal services on such terms as the governing body and the Municipal Attorney may agree, and to employ any additional legal assistance as may be necessary out of the funds of the municipality.

(Neb. RS 17-610; 1999 Code, § 1-207)

The Municipal Physician shall be a member of the Board of Health of the municipality, and perform the duties devolving upon him or her as the medical advisor of the said Board. In all injuries where a liability may be asserted against the municipality, the Municipal Physician shall immediately investigate the said injuries, the extent thereof, and the circumstances. He or she shall then report the results of his or her investigation with the name of the party injured, and all other persons who may have personal knowledge of the matter. He or she shall make all physical examinations, and necessary laboratory tests incident thereto, and issue such health certificates as are required by ordinance. For the purpose of making examinations of the sanitary conditions of the property, and the state of health of the inhabitants therein, he or she shall have the right at all reasonable hours to go upon, and enter all premises, buildings or other structures in the municipality. He or she shall perform such other duties as may be required of him or her by the laws of the state, and the ordinances of the municipality. When ordered to do so by the governing body, he or she shall disinfect, or fumigate the premises, or persons in or about the premises, when the premises are quarantined, and to call upon indigent sick persons, and perform other professional services at the direction of the governing body. The Municipal Physician shall receive as compensation for his or her services such sum as the governing body may from time to time set. He or she shall receive no compensation for his or her services as a member of the Municipal Board of Health.

(Neb. RS 17-121, 17-208; 1999 Code, § 1-208)

The County Sheriff shall direct the police work of the municipality and shall be responsible for the maintenance of law and order.  He or  she shall act as  Health Inspector except in the event  the municipality appoints another person to that office. He or she shall file the necessary complaints in cases arising out of violations of municipal ordinances, and shall make all necessary reports required by the Municipal ordinances or the laws of the state.

(Neb. RS 19-3801; 1999 Code, § 1-209)

The Municipal Fire Chief shall be elected by the members of the Fire Department. He or she shall enforce all laws and ordinances covering the prevention of fires; the storage and use of explosives and flammable substances; the installation of fire alarm systems; the maintenance of fire extinguishing equipment; the regulation of fire escapes; and the inspection of all premises requiring adequate fire escapes. He or she shall within two days investigate the cause, origin and circumstances of fires arising within his or her jurisdiction. He or she shall, on or before April 1 and October 1 of each year, cause the Secretary to file with the Municipal Clerk, and the Clerk of the District Court a certified copy of the rolls of all members in good standing in their respective companies in order to obtain the exemptions provided by law. He or she shall have the power during the time of a fire, and for a period of 36 hours thereafter to arrest any suspected arsonist, or any person for hindering the Department’s efforts, conducting himself or herself in a noisy and disorderly manner, or who shall refuse to obey any lawful order by the Fire Chief or Assistant Fire Chief. The Fire Chief, or his or her assistant in charge of operations at a fire may command the services of any person present at any fire in extinguishing the same or in the removal and protection of property. Failure to obey such an order shall be an offense punishable by a fine. The Fire Chief shall have the right to enter at all reasonable hours into buildings, and upon all premises within his or her jurisdiction for the purpose of examining the same for fire hazards and related dangers.

(Neb. RS 17-147, 17-505, 35-102, 35-108, 81-506, 81-512; 1999 Code, § 1-210)

The Municipal Engineer shall make all surveys, estimates and calculations necessary to be made for the establishment of any public utilities, and the costs of labor and materials therefor. He or she shall accurately make all plats, sections and maps as may be necessary under the direction of the governing body. Upon request, he or she shall make estimates of the cost of labor and material which may be done or furnished by contract with the municipality, 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 and the improvement of streets and erection and repair of buildings, and shall perform such other duties as the governing body may require.

(Neb. RS 17-150, 17-405, 17-568.01, 17-919; 1999 Code, § 1-211)

The governing body may employ a Special Engineer to make or assist the Municipal Engineer in making any particular estimate, survey or other work. The Special Engineer shall make a record of the minutes of his or her surveys and all other work done for the municipality. He or she shall, when directed by the governing body, accurately make all plats, sections, profiles and maps as may be necessary in the judgment of the governing body. He or she shall, upon request of the governing body, make estimates of the costs of labor and material which may be done or furnished by contract with the municipality, and make all surveys, estimates and calculations necessary for the establishment of grades, bridges, building of culverts, sewers, electric light system, waterworks, power plant, public heating system, curbing and gutters, and the improvement of streets and erection and repair of buildings, and shall perform such other duties as the governing body may require. All records of the Special Engineer shall be public records which shall belong to the municipality, and shall be turned over to his or her successor.

(Neb. RS 17-405, 17-568, 17-568.01, 17-919; 1999 Code, § 1-212)

The Municipal Street Superintendent shall, subject to the orders and directives of the governing body, have general charge, direction and control of all work on the streets, sidewalks, culverts and bridges of the municipality, and shall perform such other duties as the governing body may require. It shall be his or her responsibility to see that gutters and drains therein function properly, and that the same are kept in good repair. He or she shall, at the request of the governing body make a detailed report to the governing body on the condition of the streets, sidewalks, culverts, alleys and bridges of the municipality, and shall direct their attention to such improvements, repairs, extensions, additions and additional employees as he or she may believe are needed to maintain a satisfactory street system in the municipality along with an estimate of the cost thereof. He or she shall issue such permits, and assume such other duties as the governing body may direct.

(Neb. RS 17-107 17-119, 17-214; 1999 Code, § 1-213)

The Mayor may appoint a Zoning Administrator, by and with the consent of the City Council. In the absence of a specific appointment by the Mayor, the City Supervisor is hereby designated as the Zoning Administrator.

(Neb. RS 17-604; 1999 Code, § 1-214)

The Municipal Economic Development Director shall have of the duties of encouraging immigration, new industries and investment and conducting and carrying on municipal publicity campaigns pursuant to Neb. RS 13-315. The Municipal Economic Development Director shall have such other duties as the governing body may delegate to that position.

(Neb. RS 13-315, 17-604; 1999 Code, § 1-215)

(A)  The position of City Building Permit Administrator is hereby established. This position shall be filled by appointment of the Mayor, with approval of the City Council.

(B)  The responsibilities of the City Building Permit Administrator shall be as follows:

(1)   To accept and review all building permits filed with the city, as required by ordinance;

(2)   To make an initial onsite inspection to determine compliance with all building and zoning ordinances of the city prior to approval of said permit;

(3)   To recommend approval or denial of building permit to the City Planning Commission;

(4)   To make at least one additional onsite inspection during the period of construction for the purpose of verifying that construction is proceeding in accordance with the original building permit;

(5)   To conduct a final review after construction is complete; and

(6)   To report all recommendations of denial to the Mayor and City Council.

(1999 Code, § 1-216; Ord. 792; Ord. 821; Ord. 905; Ord. 948B)

(A)  Qualifications. The City Administrator shall be chosen on the basis of executive and administrative qualifications with special reference to actual experience or knowledge of accepted practice in respect to the duties of the office. The Administrator need not be a resident of Hebron, Nebraska.

(B)  Duties. The City Administrator shall:

(1)   Attend all meetings of the City Council and its committees unless excused, with the duty of reporting on any matter concerning the city under the Administrator’s direction; and to attend such other meetings of departments and officials as the duties may require or as may be directed by the Mayor or Council.

(2)   Make investigation into all affairs of the city and to make recommendations to the Mayor and Council for the adoption of such measures and ordinances as are deemed necessary and expedient for good city government.

(3)   Analyze the functions, duties and activities of the various departments, divisions and services of the city, and all employees thereof, and to make recommendations regarding the same to the Mayor and Council in coordinating the administrative functions and operations of the various departments, divisions and services.

(4)   Keep the Mayor and Council fully advised as to the financial condition of the city and its needs. The Administrator shall assist in the preparation of the annual estimates of revenues and expenditures of the proposed budget for the presentation of a complete financial plan for the city to the Mayor and Council prior to the consideration and adoption of the appropriation ordinances by the City Council. With the adoption of the budget and the passage of the appropriations ordinances by the Council, the City Administrator shall be responsible for the supervision and control of the budgeted expenditures.

(5)   Assist in the preparation and submission to the Mayor and Council as of the end of the fiscal year a complete report on the finances and Administrator exercises jurisdiction.

(6)   Recommend to the Mayor the appointment, discipline, transfer or dismissal of all city personnel over which the Administrator exercises jurisdiction.

(7)   Investigate or have investigated all complaints filed against an employee, department, division or service of the city, and to report such investigation with recommendation to the Mayor and Council.

(8)   Act as the city’s liaison to state and federal economic/industrial development agencies; actively pursue community grant funding and promote new business and industrial development within the city.

(9)   Perform all other duties and exercise such other power as may be required by ordinance or prescribed by resolution of the Mayor and Council.

(Ord. 855)

(A)  Official bonds of the municipality shall be in form, joint and several, and shall be made payable to the municipality in such penalty as the governing body may set by resolution; provided, 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. All official bonds of the municipal officials shall be executed by the principal named in such bonds and by at least two sufficient sureties who shall be freeholders of the county, or by the official as principal and by a guaranty, surety, fidelity or bonding company; provided no municipal official, while still in his or her official term of office, shall be accepted as surety on any other official’s bond, contractor’s bond, license bond or appeal bond under any circumstances.

(B)  Only companies that are legally authorized to transact business in the state shall be eligible for suretyship on the bond of an official of the municipality. All said 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 the municipality and any persons who may be injured by a breach of the conditions of such bonds. No bond shall be deemed to be given or complete until the approval of the governing body, and all sureties are endorsed in writing on the said instrument by the Mayor and Municipal Clerk pursuant to the said approval of the governing body. The premium on any official bond required to be given may be paid out of the General Fund, or other proper municipal fund, upon a resolution to that effect by the governing body at the beginning of any municipal year. All official bonds, meeting the conditions herein, shall be filed with the Municipal Clerk for his or her official records, and it shall be the duty of the Municipal Clerk to furnish a certified copy of any bond so filed upon the payment of a fee which shall be set by resolution of the governing body.

(C)  In the event that the sureties on the official bond of any officer of the municipality, in the opinion of the governing body, become insufficient, the governing body may, by resolution, fix a reasonable time within which the said officer may give a new bond or additional sureties as directed. In the event that the officer should fail, refuse or neglect to give a new bond, or additional sureties to the satisfaction, and approval of the governing body, then the office shall, by such failure, refusal or neglect, become vacant, and it shall be the duty of the governing body to appoint a competent, and qualified person to fill the said office. Any official who is re-elected to office shall be required to file a new bond after each election.

(Neb. RS 11-103 through 11-118, 17-604; 1999 Code, § 1-301)

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 then-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 overthrow of the government of the United States or of this State by force or violence. So help me God.”

(Neb. RS 11-101; 1999 Code, § 1-302)

(A)  The compensation of any elective official of the municipality shall not be increased or diminished during the term for which he or she shall have been elected, except when there has been a merger of offices; provided, the compensation of the members of the governing body, a board or commission may be increased or diminished at the beginning of the full term of any member whether or not the terms of one or more members commence and end at different times.

(B)  No elected official may be rehired at a greater salary if he or she resigns and desires to be rehired during the unexpired term of office. He or she may be rehired after the term of office during which he or she resigned at a greater salary. All salaries shall be set by ordinance of the governing body.

(Neb. RS 17-108.02, 17-612; 1999 Code, § 1-901)

(A)  (1)     For purposes of this section, Officer shall mean:

(a)   Any member of any board or commission of the municipality;

(b)   Any appointed official if such municipal official:

1.    Serves on a board or commission which spends and administers its own funds; and

2.    Is dealing with a contract made by such board or commission.

(c)   Any elected municipal official.

(2)   Unless specified otherwise, volunteer firefighters and ambulance drivers shall not be considered “officers” for purposes of this section, with respect to their duties as firefighters and ambulance drivers.

(B)  No officer of the municipality shall be permitted to benefit from any contract to which the municipality is a party.

(1)   The existence of such an interest in any contract renders the contract voidable by decree of a court of competent jurisdiction as to any person who entered into the contract or took assignment thereof with actual knowledge of the prohibited conflict.

(2)   An action to have a contract declared void under this section may be brought by the municipality or by any resident thereof and must be brought within one year after the contract is signed or assigned. Any such 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 municipality has benefitted thereby.

(3)   The prohibition in this section shall apply only when the officer or his or her parent, spouse

(a)   Has a business with which the individual is associated or “business association,” which shall mean a business:

1.    In which the individual is a partner, director or officer;

2.    In which the individual or a member of the individual’s immediate family is a stockholder of a closed corporation stock worth $1,000 or more at fair market value or which represents more than 5% equity interest; or

3.    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)   Will receive a direct pecuniary fee or commission as a result of the contract; provided, however, if such officer is an employee of the business involved in the contract and has no ownership interest or will not receive a pecuniary fee such officer shall not be deemed to have an interest within the meaning of this section.

(C)  The provisions of this section shall not apply if the interested officer:

(1)   Makes a declaration on the record to the governmental 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 matter of granting the contract, except that if the number of members of the Board declaring an interest in the contract would prevent the Board, with all members present, from securing a quorum on the issue, then all members may vote on the matter; and

(3)   Does not act for the municipality as to inspection or performance under the contract in which he or she has an interest.

(D)  The receiving of deposits, cashing of checks and buying and selling of warrants and bonds of indebtedness of any municipality by a financial institution shall not be considered a contract under the provisions 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. Notwithstanding the provisions of division (C) above, if an officer’s parent, spouse or child is an employee of the municipality, 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. If an officer has the power to employ personnel and he or she hires his or her parent, spouse or child, such officer shall disclose the hiring pursuant to division (E) below, except that if the parent, spouse or child is already employed in the position at the time the officer takes office and such position does not change, no disclosure need be made. Notwithstanding any other provision of this section, any contract entered into with an interested officer shall be subject to applicable competitive bidding requirements and shall be fair and reasonable to the municipality.

(E)   (1) The Municipal Clerk shall maintain, separately from other records, a ledger containing the information listed in divisions (E)(2)(a) through (E)(2)(e) below about every contract entered into by the municipality in which an officer has an interest as specified above for which disclosure is made as provided in division (C) above.

(2)   Such information shall be kept in the ledger for five years from the date of the officer’s last day in office and shall include the:

(a)   Names of the contracting parties;

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

(c)   Date that the contract was approved by the municipality involved;

(d)   Amount of the contract; and

(e)   Basic terms of the contract.

(F)   The information supplied relative to the contract shall be provided to the Clerk not later than ten days after the contract has been signed by both parties. The ledger kept by the Clerk shall be available for public inspection during the normal working hours of the office in which it is kept.

(G)  An open account established for the benefit of any municipality or entity thereof, with a business in which an officer has an interest, shall be deemed a contract subject to the provisions of this section. The statement required to be filed pursuant to this section shall be filed within ten days after such account is opened. Thereafter, the Clerk shall maintain a running account of all amounts purchased on the open account. Purchases made from petty cash or a petty cash fund shall not be subject to the provisions of this section.

(H)  The municipality may enact ordinances exempting from the provisions of this section, contracts involving $100 or less in which an officer of such municipality may have an interest.

(I)    No officer, including volunteer firefighters and ambulance drivers, shall receive any pay or perquisites from the municipality other than his or her salary. The governing body shall not pay or appropriate any money or other valuable thing to pay a person who is not an officer for the performance of any act, service or duty, which shall come within the proper scope of the duties of any officer of the municipality.

(Neb. RS 17-611, 18-305 through 18-312, 49-14,103.01 through 49-14,103.03, 70-624.04; 1999 Code; § 1-902)

(A)  Salaries of the following officers of the city, payable in monthly installments, in full payment for services rendered by them shall be:

(1)   Mayor, per year: $12,000.00; and

(2)   Each Council member, per year: $4,800.00.

(B)  The salary of the Mayor and City Council Members, as identified above, shall not be increased or diminished during the term for which he or she has been elected except when there has been a combination and merger of offices, as authorized by Neb. Rev. Stat. §17-108.02 and 17-209.02, and except when there are officers elected to the City Council, the compensation of all members of the City Council may be increased or diminished at the beginning of the full term of any member thereof.

(C)  The salaries or wages of all other employees of the City shall be in such amount as fixed and determined by the Mayor and City Council at the time of hiring or when the annual budget is made.

(D)  Claims for the salaries of the Mayor and City Council Members, as fixed herein, need not be verified as other claims against the City and payment of the monthly amount due shall be made as a matter of course.

(E)   The salaries and compensation fixed herein shall not be construed to preclude the additional payment of mileage and expenses to elected City officials, officers and employees, if and when claims are duly filed, audited and allowed therefor.

(1999 Code, § 1-903; Ord. 736; Ord. 951)