The official corporate seal of the municipality shall be kept in the office of the Municipal Clerk, and shall bear the following inscription: “The City of Hebron, Nebraska, Corporate Seal”. 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; 1999 Code, § 1-401)

Meetings, as used in this chapter, shall mean all regular, special or called meetings, formal or informal, of a public body for the purposes of briefing, discussion of public business, formation of tentative policy or the taking of any action.

(Neb. RS 84-1409(2); 1999 Code, § 1-501)

(A)  Public Body, as used in this chapter, shall mean:

(1)   The governing body of the municipality;

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

(3)   Advisory committees of the bodies listed above.

(B)  This chapter shall not apply to subcommittees of such bodies unless a quorum of the public body attends a subcommittee meeting or unless such subcommittees are holding hearings, making policy or taking formal action on behalf of their parent body.

(Neb. RS 84-1409(1); 1999 Code, § 1-502)

(A)  All public meetings as defined by law shall be held in a municipal public building, which shall be open to attendance by the public.

(B)  All meetings shall be held in the public building in which the governing body usually holds such meetings unless the publicized notice hereinafter required shall designate some other public building or other specified place.

(C)  The advance  publicized notice of all public convened meetings shall be simultaneously transmitted to all members of the governing body and to the public by a method designated by the governing body, or by the Mayor, if the governing body has not designated a method. Such notice shall contain the time and specific place for each meeting, and either an enumeration of the agenda subjects known at the time of the notice, or a statement that such an agenda kept continually current shall be readily available for public inspection at the office of the Municipal Clerk.

(D)  Except for items of an emergency nature, the agenda shall not be altered later than:

(1)   Twenty-four hours before the scheduled commencement of the meeting; or

(2)   Forty-eight hours before the scheduled commencement of a meeting of the governing body scheduled outside the corporate limits of the municipality.

(E)   The governing body shall have the right to modify the agenda to include items of an emergency nature only at such public meetings.

(F)   The minutes of the Municipal Clerk shall include the record of the manner and advance time by which the advance publicized notice was given, a statement of how the availability of an agenda of the then known subjects was communicated, the time and specific place of the meetings, and the names of each member of the governing body present or absent at each convened meeting.

(G)  The minutes of the governing body shall be a public record open to inspection by the public upon request at any reasonable time at the office of the Municipal Clerk.

(H)  Any official action on any question or motion duly moved and seconded shall be taken only by roll call vote of the governing body in open session.

(I)    The record of the Municipal Clerk shall show how each member voted, or that the member was absent and did not vote.

(Neb. RS 84-1408, 84-1409, 84-1411, 84-1413; 1999 Code, § 1-503)

(A)  Any public body may hold a closed session by the affirmative vote of a majority of its voting members if a closed session is clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual and if such individual has not requested a public meeting.

(1)   Closed sessions may be held for, but shall not be limited to, such reasons as:

(a)   Strategy sessions with respect to collective bargaining, real estate purchases, pending litigation or litigation which is imminent as evidenced by communication of a claim or threat of litigation to or by the public body;

(b)   Discussion regarding deployment of security personnel or devices;

(c)   Investigative proceedings regarding allegations of criminal misconduct; or

(d)   Evaluation of the job performance of a person when necessary to prevent needless injury to the reputation of a person and if such person has not requested a public meeting.

(2)   Nothing in this section shall permit a closed meeting for discussion of the appointment or election of a new member to any public body.

(B)  The vote to hold a closed session shall be taken in open session. The vote of each member on the question of holding a closed session, the reason for the closed session, and the time when the closed session commenced and concluded shall be recorded in the minutes. The public body holding such a closed session shall restrict its consideration to matters during the closed portions to only those purposes set forth in the minutes as the reason for the closed session. The meeting shall be reconvened in open session before any formal action may be taken. For purposes of this section, FORMAL ACTION shall mean a collective decision or a collective commitment or promise to make a decision on any question, motion, proposal, resolution, order or ordinance or formation of a position or policy but shall not include negotiating guidance given by members of the public body to legal counsel or other negotiators in closed sessions authorized under division (A)(1)(a) above.

(C)  Any member of the 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. Such challenge and its disposition shall be recorded in the minutes.

(D)  Nothing in this section shall be construed to require that any meeting be closed to the public. 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 the provisions of this subchapter. No closed session, informal meeting, chance meeting, social gathering or electronic communication shall be used for the purpose of circumventing the provisions of this subchapter.

(E)   The provisions of this subchapter shall 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 and 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; 1999 Code, § 1-504)

When it is necessary to hold an emergency meeting without reasonable advance public notice, the nature of the emergency shall be stated in the minutes, and any formal action taken in such meeting shall pertain only to the emergency. Such emergency meetings may be held by means of electronic or telecommunication equipment. The provisions of § 30.22 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; 1999 Code, § 1-505)

(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 84-1412, 84-1413; 1999 Code, § 1-506)

(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 the municipality utilizing an electronic voting device which allows the yeas and nays of each member of the governing body 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 17-616; 1999 Code, § 1-507)

The Municipal Clerk, Secretary or other designee of each 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; 1999 Code, § 1-508)

(A)  Subject to the provisions of this subchapter, the public shall have the right to attend and the right to speak at meetings of public bodies and all or any part of a meeting of a public body, except for closed meetings called pursuant to § 30.18, may be videotaped, televised, photographed, broadcast or recorded by any person in attendance by means of a tape recorder, camera, video equipment or any other means of pictorial or sonic reproduction or in writing.

(B)  It shall not be a violation of this section for any public body to make and enforce reasonable rules and regulations regarding the conduct of persons attending, speaking at, videotaping, televising, photographing, broadcasting or recording its meetings. A body may not be required to allow citizens to speak at each meeting, but it may not forbid public participation at all meetings. No public body shall require members of the public to identify themselves as a condition for admission to the meeting. The body may require any member of the public desiring to address the body to identify himself or herself. No public body shall for the purpose of circumventing the provisions of this subchapter hold a meeting in a place known by the body to be too small to accommodate the anticipated audience. 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. An agency which contracts with municipalities outside the state may hold meetings of any committee outside the state if such meetings are held only in such contracting municipalities. Final action on any agenda item shall only be taken by the agency at a meeting in the state, which meeting shall comply with Neb. RS 84-1408 to 84-1414. 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. 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.

(Neb. RS 84-1412, 18-2438; 1999 Code, § 1-509)

All meetings of the governing body shall be open to the public. Promptly at the hour set by law on the day of each regular meeting, the members of the governing body, the Municipal Clerk, the Mayor and such other municipal officials that may be required shall take their regular stations in the meeting place, and the business of the municipality shall be taken up for consideration, and disposition in the manner prescribed by the official agenda on file at the office of the Municipal Clerk.

(1999 Code, § 1-510)

The change in office shall be made as follows: the Mayor and Council shall meet on the first regular meeting date in December of each year in which a municipal election is held and the outgoing officers and the outgoing members of the Council shall present their reports, and upon the old Council having completed its business up to the said time, the outgoing members of the Council shall surrender their offices to the incoming members, and the outgoing officers shall thereupon each surrender to his or her successor in office all property, records, papers and moneys, belonging to the same.

(1999 Code, § 1-511)

(A)  The newly elected Council shall convene at the regular place of meeting in the city on the first regular meeting in December of each year in which a municipal election is held immediately after the prior Council adjourns and proceed to organize themselves for the ensuing year.

(B)  The Mayor elected for the new municipal year shall call the meeting to order.

(C)  The Council shall then proceed to examine the credentials of its members and other elective officers of the city to see that each has been duly and properly elected, and to see that such oaths and bonds have been given as are required. After ascertaining that all members are duly qualified, the Council shall then elect one of its own body who shall be styled as “President of the Council”.

(D)  The Mayor shall then nominate his or her candidates for appointive offices. He or she shall then proceed with the regular order of business. It is hereby made the duty of each and every member of the Council, or his or her successor in office, and of each officer elected to any office, to qualify prior to the first regular meeting in December following his or her election. All appointive officers shall qualify within two weeks following their appointments. Qualification for each officer who is not required to give bond shall consist in his or her subscribing and taking an oath to support the Constitution of the United States, the Constitution of the state, the laws of the municipality and to perform faithfully and impartially the duties of his or her office, said oath to be filed in the office of the Municipal Clerk.

(E)   Each officer who is required to give a bond shall file the required bond in the office of the Municipal Clerk with sufficient sureties, conditioned on the faithful discharge of the duties of his or her office, with the oath endorsed thereon.

(1999 Code, § 1-512)

(A)  The meetings of the City Council shall be held in the City Hall Council Chambers. Regular meetings shall be held on the first Monday of each month at the hour of 6:30 p.m.

(B)  A majority of all members elected to the City 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; 1999 Code, § 1-513; Ord. 847)

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

(B)  At the hour appointed for the meeting, the Municipal Clerk shall proceed to call the roll of members and announce whether a quorum is present. If a quorum is present, the Council shall be called to order by the Mayor, if present, or if absent, by the President of the Council. In the absence of both the Mayor and the President of the Council, the City Council members shall elect a President Pro Tempore. All ordinances passed at any special meeting shall comply with procedures set forth in §§ 30.45 through 30.54.

(Neb. RS 17-106; 1999 Code, § 1-514)

(A)  A meeting of an organization created under the Interlocal Cooperation Act, the Joint Public Agency Act or the Municipal Cooperative Financing Act or of the governing body of a risk management pool or its advisory committees organized in accordance with the Intergovernmental Risk Management Act may be held by means of videoconferencing if:

(1)   Reasonable advance publicized notice is given;

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

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

(4)   At least one member of the governing body or advisory committee is present at each site of the videoconference; and

(5)   No more than one-half of the governing body’s or advisory committee’s meetings in a calendar year are held by videoconference.

(B)  Videoconferencing shall not be used to circumvent any of the public government purposes established in Neb. RS 84-1408 to 84-1414.

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

Videoconferencing means conducting a meeting involving participants at two or more locations through the use of audio-video equipment which allows participants at each location to hear and see each meeting participant at each other location, including public input. Interaction between meeting participants shall be possible at all meeting locations.

(Neb. RS 84-1409, 84-1411; 1999 Code, § 1-515; Ord. 744)

(A)  A meeting of the governing body of a joint entity formed under the Interlocal Cooperation Act or of the governing body of a risk management pool or its advisory committees organized in accordance with the Intergovernmental Risk Management Act may be held by telephone conference call if:

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

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

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

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

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

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

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

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

(B)  Nothing in this section shall prevent the participation of consultants, members of the press, and other nonmembers of the governing body  at sites not identified in the public notice. Telephone conference calls shall not be used to circumvent any of the public government purposes established in Neb. RS 84-1408 to 84-1414.

(Neb. RS 84-1411(3); 1999 Code, § 1-516; Ord. 744)

The governing body may make all ordinances, by-laws, rules, regulations and resolutions, not inconsistent with the laws of the state, as may be expedient for maintaining the peace, good government and welfare of the municipality and its trade, commerce and manufactures.

(Neb. RS 17-505; 1999 Code, § 1-601)

Ordinances shall be introduced by members of the governing body 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 governing body, read aloud the substance of the proposed ordinance and file a copy with the Municipal 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 governing body, shall read aloud the substance of the ordinance and file it for future consideration.

(1999 Code, § 1-602)

Resolutions and motions shall be introduced in one of the methods prescribed for the introduction of ordinances. After their introduction, they shall be fully and distinctly read one time in the presence and hearing of a majority of the members elected to the Council. The issue raised by said resolutions or motions shall be disposed of in accordance with the usage of parliamentary law adopted for the guidance of the 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.

(1999 Code, § 1-603)

The style of all municipal ordinances shall be: “Be it ordained by the Mayor and Council of the City of Hebron, Nebraska”.

(Neb. RS 17-613; 1999 Code, § 1-604)

No ordinance shall contain a subject not clearly expressed in its title.

(Neb. RS 17-614; 1999 Code, § 1-605)

(A)  Ordinances of a general or permanent nature shall be read by title on three different days, unless three-fourths of the governing body vote to suspend this requirement, except that such requirement shall not be suspended for any ordinance for the annexation of territory. In case such requirement is suspended, the ordinance shall be read by title and then moved for final passage. Three-fourths of the governing body may require a reading of any ordinance in full before enactment under either procedure set out in this section.

(B)  All ordinances and resolutions or orders for the appropriation or payment of money shall require for their passage or adoption the concurrence of a majority of all members elected to the governing body. On the passage or adoption of every bylaw or ordinance, and every resolution or order to enter into a contract by the governing body, the yeas and nays shall be called and recorded. To pass or adopt any bylaw, ordinance or any such resolution or order, a concurrence of a majority of the whole number of members elected to the governing body shall be required.

(C)  All appointments of the officers by the governing body shall be made viva voce; and the concurrence of a like majority shall be required, and the names of those, and for whom they voted, on the vote resulting in an appointment, shall be recorded. The requirements of a roll call or viva voce vote shall be satisfied by a municipality which utilizes an electronic voting device which allows the yeas and nays of each member of the governing body to be readily seen by the public.

(Neb. RS 17-614, 17-616; 1999 Code, § 1-606)

All ordinances of a general nature shall, before they take effect, be published one time, within 15 days after they are passed:

(A)  In some newspaper published in the municipality or, if no paper is published in the municipality, then by posting a written or printed copy in each of three public places in the municipality; or

(B)  In book or pamphlet form.

(Neb. RS 17-613; 1999 Code, § 1-607)

The passage, approval and publication or posting of all ordinances shall be sufficiently proven by a certificate under the seal of the municipality from the Municipal Clerk showing that the said ordinance was passed and approved, and when, and in what paper the same was published, or when, and by whom, and where the same was posted.

(Neb. RS 17-613; 1999 Code, § 1-608)

(A)  Except as provided in § 30.51 and division (B) below, an ordinance for the government of the municipality which has been adopted by the governing body without submission to the voters of the municipality shall not go into effect until 15 days after the passage of the ordinance.

(B)  In the case of riot, infectious or contagious diseases, or other impending danger, failure of a public utility, or any other emergency requiring its immediate operation, an ordinance shall take effect upon the proclamation of the Mayor and the posting thereof in at least three of the most public places in the municipality. Such emergency ordinance shall recite the emergency, be passed by a three-fourths vote of the governing body, and be entered of record on the Municipal Clerk’s minutes.

(Neb. RS 17-613, 19-3701; 1999 Code, § 1-609)

No ordinance or section thereof shall be revised or amended unless the new ordinance contains the entire ordinance or section as revised or amended and the ordinance or section so amended is repealed, except that an ordinance revising all the ordinances of the municipality and modifications to zoning or building districts may be adopted as otherwise provided by law.

(Neb. RS 17-614; 1999 Code, § 1-610)

(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; 1999 Code, § 1-1001; Ord. 744)