The Official City of Norfolk Nebraska Home Page The Official City of Norfolk Nebraska Home Page  
  309 N 5th St
Norfolk, NE 68701
Phone: (402) 844-2000
 

Chapter 2

ADMINISTRATION*

*Cross references--Plumbers examining board, § 6-131 et seq.; elections, Ch. 7; board of health, § 11-1; health division, § 11-16 et seq.; offenses involving the integrity and effectiveness of government operations, § 14-161 et seq.; planning commission, § 19-1; community development agency, § 19-2; police, Ch. 20; sale and disposition of abandoned, recovered, confiscated, etc., property by police divi­sion, § 20-5; application of traffic chapter to government vehicles, § 24-6; parking violations bureau, § 24-51 et seq.; sewer ordinance hearing board, § 26-64; planned unit development compliance review committee, § 27-191.

   
Art.    I. In General, §§ 2-1--2-15
Art.   II. Council, §§ 2-16--2-30
Art.  III. Financial Affairs, §§ 2-31--2-45
Art.  IV. Officers and Employees, §§ 2-46--2-100
    Div. 1.  Generally, §§ 2-46--2-60
    Div. 2.  Administrator, §§ 2-61--2-80
    Div. 3.  Code of Ethics, §§ 2-81--2-100
Art.   V. Purchasing, §§ 2-101--2-130
Art.  VI. Boards and Commissions, §§ 2-131--2-174
    Div. 1.  Generally, §§ 2-131--2-150
    Div. 2.  Civil Service Commission, §§ 2-151--2-174
   

ARTICLE I.  IN GENERAL

Sec. 2-1.   Advisory boards and commissions.

 

The mayor, with the approval of the council, may appoint such advisory boards or advisory commission as he deems necessary.

 

Sec. 2-2.   Charges for rescue and ambulance calls.

 

The fees set forth in Section 2-5 of this Code shall be paid to the city by persons who receive city ambulance and/or rescue service.

Fees per mile shall be charged only to patients who are transported from outside the corporate city limits. 

 

Source:  Code 1962, § 5-23-1; Ord.  No. 3000, § 1, 7-6-81; Ord.  No. 3286, § 1, 2-19-85; Ord.  No. 3424, § 1, 8-4-86; Ord.  No. 3667, § 1, 8-7-89; Ord. No. 4041, § 1, 8-15-94; Ord. No. 4241, § 1, 2-18-97; Ord. No. 4329, § 1, 3-16-98; Ord. No. 4615; § 1, 11-18-02; Ord. No. 4963, § 1, 8-20-07; Ord. No. 5135,  § 1, 9-7-10

Cross reference--Fire division, § 8-16 et seq.

 

Sec. 2-3.  Fee for processing request to have real property declared blighted.

 

No real property within the city shall be declared "blighted" within the meaning of sections 13-1101 to 13-1110 of the Nebraska Revised Statutes, 1943, as amended, without the applicant therefor paying a filing fee to the city clerk for the processing of the same in the amount set for in Section 2-5 of this Code.

 

Source:  Ord.  No. 3252, § 1, 9-5-84; Ord. No. 5135, § 1, 9-7-10

Editor's note--Ord. No. 3252, § 1, adopted September 5, 1984, did not specif­ically amend the Code, therefor codification as § 2-3 was at the discretion of the editor.

 

Sec. 2-4.  Mayor to appoint city officers, and department and division heads.

 

Every four (4) years, the mayor at the first meeting in June after his or her taking office shall appoint all city officers, and department and division heads as is required by law or the ordinances of the city. 

 

Source:  Ord.  No. 3929, § 1, 2-16-93; Ord. No. 5080, § 1, 7-20-09

Editor's note--Section 1 of Ord.  No. 3929, adopted Feb. 16, 1993, repealed § 2-4 and added a new § 2-4.  Former § 2-4 pertained to representation on the league of municipalities' legislative committee and derived from Ord.  No. 3365, § 1, adopted Dec. 2, 1985.

 

Sec. 2-5  Schedule of Fees.

Editor's Note--Click on a column heading to sort the table by that column. Refresh the page to return to default sort of Municipal Code Reference.  (Ord. No. 5135, § 19, 9-7-2010; Ord. No. 5180, § 1, 9-6-2011; Ord. No. 5187, § 1, 11-21-11; Ord. No. 5203, § 1, 4-16-12; Ord. No. 5227, § 1, 9-4-12; Ord. 5243, § 1, 2-19-13; Ord. No. 5259,  § 1, 7-1-13; Ord. No. 5274,§ 1, 11-4-13; Ord. No. 5276, § 1, 12-2-13; Ord. No. 5282, § 1, 2-3-14; Ord. No. 5286, § 1, 3-17-14; Ord. No. 5324,  § 1, 10-6-14; Ord. No. 5355, § 1, 8-3-15; Ord. No. 5422, § 1, 8-15-16; Ord. No. 5429, § 1, 9-6-16; Ord. No. 5436, § 1, 10-3-16; Ord. No. 5456, § 1, 2-21-17)

 

(a)   As used in this section:

 

Category 1 group shall mean a group physically located or having its principal place of business physically located within the city and its zoning jurisdiction.

 

Category 2 group shall mean a group physically located or having its principal place of business physically located outside of the city and its zoning jurisdiction.

 

Norfolk schools shall mean all public and private schools physically located within the city and its zoning jurisdiction.

 

In the event the description of any fee appearing in the Schedule of Fees in subsection (b) is inconsistent with the wording of the corresponding Code section, the wording in the Code section shall be deemed to control.

 

(b)   Schedule of Fees:

 

 

Category Description of Fee Municipal Code Reference
Fee Date Last Modified
Ch Sec Par
Ambulance Fees Basic life support, non-emergency. 2 2   $450.00 10/1/2013
Ambulance Fees Basic life support, emergency. 2 2   $600.00 10/1/2013
Ambulance Fees Basic life support, assist only. 2 2   $100.00 9/1/2015
Ambulance Fees Advanced life support (1), non-emergency. 2 2   $650.00 10/1/2013
Ambulance Fees Advanced life support (1), emergency (one or two ALS interventions). 2 2   $750.00 10/1/2013
Ambulance Fees Advanced life support (2), emergency (at least three different medications/procedures). 2 2   $850.00 10/1/2013
Ambulance Fees Advanced life support, assist only. 2 2   $200.00 9/1/2015
Ambulance Fees Specialty care transport (inter-hospital service beyond scope of paramedic). 2 2   $700.00  
Ambulance Fees Fee per mile loaded outside Norfolk corporate city limits from 1 to 17 miles.  Not including basic life support assistance or advanced life support assistance. 2 2   $14.00 10/1/2013
Ambulance Fees Fee per mile loaded outside Norfolk corporate city limits from 18-50 miles.  Not including basic life support assistance or advanced life support assistance. 2 2   $12.00 10/1/2013
Ambulance Fees Fee per mile loaded outside Norfolk corporate city limits for 50+ miles.  Not including basic life support assistance or advanced life support assistance. 2 2   $10.00 10/1/2013
Blighted Property Processing fee to declare real property blighted. 2 3   $100.00  
Alarm Systems False alarms, not including fire alarms, occurring 7-10 times within a permit year, per occurrence. 2.5 5 a $25.00  
Alarm Systems False alarms, not including fire alarms, occurring 11-15 times within a permit year, per occurrence. 2.5 5 a $50.00  
Alarm Systems False alarms, not including fire alarms, occurring 16-20 times within a permit year, per occurrence. 2.5 5 a $75.00  
Alarm Systems False alarms, not including fire alarms, occurring 21 or more times within a permit year, per occurrence. 2.5 5 a $100.00  
Alarm Systems Fire false alarms occurring 7-10 times within a permit year, per occurrence. 2.5 5 b $150.00  
Alarm Systems Fire false alarms occurring 11-15 times within a permit year, per occurrence. 2.5 5 b $500.00  
Alarm Systems Fire false alarms occurring 16 or more times within a permit year, per occurrence. 2.5 5 b $630.00  
Alcoholic Beverage Occupation Taxes Manufacturer of alcohol and spirits.
3 27 a $2,000.00  
Alcoholic Beverage Occupation Taxes Manufacturer of beer.
3 27 a Same as license  
Alcoholic Beverage Occupation Taxes Manufacturer of wine.
3 27 a $500.00  
Alcoholic Beverage Occupation Taxes Alcoholic liquors distributor. 3 27 a $1,500.00  
Alcoholic Beverage Occupation Taxes Beer distributor.
3 27 a $1000.00  
Alcoholic Beverage Occupation Taxes Retailer of beer only, for consumption on the premises.
3 27 a $200.00  
Alcoholic Beverage Occupation Taxes Retailer of beer only, for consumption off the premises.
3 27 a $200.00  
Alcoholic Beverage Occupation Taxes Retailer of alcoholic liquors for consumption on the premises and off the premises.  3 27 a $600.00  
Alcoholic Beverage Occupation Taxes Retailer of alcoholic liquors for consumption off the premises. 3 27 a $400.00  
Alcoholic Beverage Occupation Taxes Retailer of alcoholic liquors for consumption on the premises. 3 27 a $500.00  
Alcoholic Beverage Occupation Taxes Special designated permit, per day.
 
3 27 a $80.00  
Alcoholic Beverage Occupation Taxes Non-beverage user:  Class 1.
3 27 a $10.00  
Alcoholic Beverage Occupation Taxes Non-beverage user:  Class 2.
3 27 a $50.00  
Alcoholic Beverage Occupation Taxes Non-beverage user:  Class 3.
3 27 a $100.00  
Alcoholic Beverage Occupation Taxes Non-beverage user:  Class 4.
3 27 a $200.00  
Alcoholic Beverage Occupation Taxes Non-beverage user:  Class 5.
3 27 a $500.00  
Alcoholic Beverage Occupation Taxes Catering permit for Class C, D or I licensees. 3 27 a $200.00  
Alcoholic Beverage Occupation Taxes Bottle club. 3 27 a $500.00  
Animals and Fowl Animal impoundment fee for returned loose animals. 4 6   $10.00  
Animals and Fowl Dog and cat pet licenses. 4 11   Free  
Animals and Fowl Daily boarding fee, payable along with impoundment fee. 4 25   $5.00  
Animals and Fowl First violation per owner or animal, payable along with impoundment fee. 4 25   $15.00  
Animals and Fowl Second violation per owner or animal, payable along with impoundment fee. 4 25   $20.00  
Animals and Fowl Third violation per owner or animal, payable along with impoundment fee. 4 25   $30.00  
Bicycles and Scooters Bicycle registration. 5 2 b $2.00  
Bicycles and Scooters Duplicate bicycle registration. 5 2 b $2.00  
Bicycles and Scooters Motor scooter (gas/electric) registration. 5 25 c $5.00  
Bicycles and Scooters Duplicate scooter (gas/electric) registration. 5 25 c $5.00  
Bicycles and Scooters Release from impoundment (not inclusive of towing or removal fees). 5 27 c $25.00  
Building Permit Fees Building permit fee per finished square foot for new construction and additions: ground floor and above. 6
6
18
162
  $0.20  
Building Permit Fees Building permit fee per finished square foot for new construction and additions: finished basement. 6
6
18
162
  $0.13  
Building Permit Fees Building permit fee per finished square foot for new construction and additions: unfinished basement. 6
6
18
162
  $0.10  
Building Permit Fees Building permit fee per finished square foot for new construction and additions: garage. 6
6
18
162
  $0.10  
Building Permit Fees Building permit fee per finished square foot for remodel of basement or finish. 6
6
18
162
  $0.16  
Building Permit Fees Building permit fee per square foot for unfinished and accessory structures:  Garages, accessory buildings, decks and warehouses. 6
6
18
162
  $0.13 up to 100,000 sq. ft. and $0.01 for each additional sq. ft. 08/15/2016
Building Permit Fees Building permit fee per foot of height for new communication towers. 6
6
18
162
  $5.00  
Building Permit Fees Building permit fee per foot of height to co-locate on a tower. 6
6
18
162
  $2.50  
Building Permit Fees Permit fee to locate a manufactured home in a mobile home park. 6
6
18
162
  $100.00  
Building Permit Fees Permit fee to install an in-ground swimming pool. 6
6
18
162
  $100.00  
Building Permit Fees Building permit fee to install a sign from 0-99 sq. ft. 6 18   $25.00  
Building Permit Fees Building permit fee to install a sign from 100-199 sq. ft. 6 18   $50.00  
Building Permit Fees Building permit fee to install a sign from  200-300 sq. ft. 6 18   $100.00  
Building Permit Fees Demolition permit (when disconnection of water & sewer is NOT requested). 6
6
18
162
  $25.00 10/1/2011
Building Permit Fees Demolition permit (when disconnection of water & sewer is requested). 6
6
18
162
  $40.00 10/1/2011
Building Permit Fees Miscellaneous/minimum permit fee. 6
6
18
162
  $25.00  
Building Permit Fees Permit fee when work commences prior to permit application. 6
6
18
162
  Triple normal permit fee  
Building Permit Fees Re-inspection fee for third and subsequent re-inspection. 6
6
18
162
  $50.00  
Building Code Appeal Application fee for appeal of the decision of a code official. 6 18   $500.00 10/03/2016
Electrical Contractor Registration Fees First time issuance of State of Nebraska electrical contractor, Class B electrical contractor, Class A master electrician, Class B master electrician, special electrician, or a fire alarm installer's 1 year license. 6 71   $75.00 10/03/2016
Electrical Contractor Registration Fees First time issuance of State of Nebraska electrical contractor, Class B electrical contractor, Class A master electrician, Class B master electrician, special electrician, or a fire alarm installer's 2 year license. 6 71   $125.00 10/03/2016
Electrical Contractor Registration Fees Renewal issuance of State of Nebraska electrical contractor, Class B electrical contractor, Class A master electrician, Class B master electrician, special electrician, or a fire alarm installer's 2 year license. 6 71   $100.00 10/03/2016
Electrical Permit Fees Electrical permit fee based on valuation of work to be completed from $1.00 - $1,500.00. 6 94   $25.00  
Electrical Permit Fees Electrical permit fee for work valued between $1,501.00 and $34,000.00.  Permit cost calculated at $5.00 per each $500.00 value increase or fraction thereof, plus $25.00 minimum permit fee. 6 94   $25.00 (permit) +$5.00/$500.00 value increase  
Electrical Permit Fees Electrical permit fee for work valued at greater than $34,000.00.  Permit cost calculated at $10.00 per each $1,000.00 value increase or fraction thereof, after $34,000.00, plus $350.00 minimum permit fee. 6 94   $350.00 (permit)+$10.00/$1000.00 value increase  
Electrical Permit Fees Minimum permit fee. 6 94   $25.00  
Electrical Permit Fees Permit fee when work commences prior to permit application. 6 94   Triple normal permit fee  
Electrical Permit Fees Re-inspection fee for third and subsequent re-inspections. 6 94   $50.00  
Mechanical Permit Fees New installation fee, per number of square feet conditioned. 6 107   $0.015 10/01/2016
Mechanical Permit Fees Heating unit permit fee, under 140,000 BTU. 6 107   $35.00  
Mechanical Permit Fees Heating unit permit fee, 141,000 BTU - 499,000 BTU (per unit). 6 107   $150.00  
Mechanical Permit Fees Heating unit permit fee, greater than 499,000 BTU (per unit). 6 107   $250.00  
Mechanical Permit Fees Cooling unit permit fee, residential (per unit). 6 107   $30.00  
Mechanical Permit Fees Cooling unit permit fee, commercial (per ton). 6 107   $10.00  
Mechanical Permit Fees Cooling unit permit fee, industrial chillers (per unit). 6 107   $750.00  
Mechanical Permit Fees Miscellaneous installation fee (not requiring new/replacement equipment). 6 107   $25.00  
Mechanical Permit Fees Mixing/VAV (variable air volume) boxes. 6 107   $25.00  
Mechanical Permit Fees Exhaust fans: (excludes one- and two-family dwellings) 6 107   $0.05 x exhaust CFM 08/15/2016
Mechanical Permit Fees Infrared pipe heating systems or hanging unit heaters permit fee (per unit). 6 107   $35.00  
Mechanical Permit Fees Minimum permit fee. 6 107   $25.00  
Mechanical Permit Fees Packaged Terminal Air-Conditioner (PTAC Unit) 6 107   $25.00 for first unit plus $10.00 per each additional unit 9/1/2015
Mechanical Permit Fees Permit fee when work commences prior to permit application. 6 107   Triple normal permit fee  
Mechanical Permit Fees Re-inspection fee for third and subsequent re-inspections. 6 107   $50.00  
Mechanical Contractor Registration Fees First time issuance of mechanical contractor's 1 year registration. 6 109   $75.00 10/03/2016
Mechanical Contractor Registration Fees Renewal of mechanical contractor's registration, 1 year. 6 109   $50.00 10/03/2016
Gas Contractor Registration Fees Original gas contractor's registration. 6 111   $75.00  
Gas Contractor Registration Fees Renewal of gas contractor's registration. 6 111   $50.00  
Plumbing Permit Fees 1st trap installation. 6 122   $10.00  
Plumbing Permit Fees Additional trap installation fee (per trap). 6 122   $5.00 plus $0.01 per finished square foot  
Sanitary Sewer Line Installation Installation of 4 inch sanitary sewer line, per 100 feet of line or fraction thereof. 6 122   $12.00  
Sanitary Sewer Line Installation Installation of sanitary sewer line greater than 4 inches, per 100 feet of line or fraction thereof. 6 122   $20.00  
Private Water Line Installation Installation of private water line up to and including 1 inch line, per 100 feet of line or fraction thereof. 6 122   $12.00  
Private Water Line Installation Installation of private water line greater than 1-inch, per 100 feet of line or fraction thereof. 6 122   $20.00  
Private Water Line Installation Minimum permit fee. 6 122   $25.00  
Private Water Line Installation Permit fee when work commences prior to permit application. 6 122   Triple normal fee  
Private Water Line Installation Re-inspection fee for third and subsequent re-inspection. 6 122   $50.00  
Plumbing Contractor Registration Fee Original plumbing contractor's registration. 6 143 a $75.00  
Plumbing Contractor Registration Fee Renewal of plumbing contractor's registration. 6 143 a $50.00  
Journeyman and Apprentice Plumber's Registration Fees Original journeyman plumber's registration fee. 6 144 b $50.00  
Journeyman and Apprentice Plumber's Registration Fees Renewal of journeyman plumber's registration fee. 6 144 b $25.00  
Journeyman and Apprentice Plumber's Registration Fees Apprentice plumber's registration fee. 6 145   $10.00  
Property Maintenance Application fee for appeal of the decision of a code official. 6 183   $500.00  
Fireworks Fireworks stand occupation tax (annually, per permit). 8 5   $200.00  
Fire Code Permit Fees L.P.G. tank, 20 - 500 gallon water capacity. 8 28   $25.00  
Fire Code Permit Fees L.P.G. tank, 501 - 90,000 gallon water capacity. 8 28   $35.00  
Fire Code Permit Fees Flammable and combustible liquid tanks, 50 - 20,000 gallon water capacity. 8 28   $70.00  
Fire Sprinkler and Suppression Contractor Fees Initial registration to install fire sprinkler and suppression systems. 8 29   $75.00  
Fire Code Permit Fees Annual re-registration to install fire sprinkler and suppression systems. 8 29   $50.00  
Fire Sprinkler and Suppression Contractor Fees Fire sprinkler system permit, per head. 8 29   $1.50  
Fire Sprinkler and Suppression Contractor Fees Fire suppression system permit, per extinguishing agent discharge point. 8 29   $3.00  
Fire Alarm Installer Contractor Fees First time issuance of fire alarm installer contractor 1 year registration. 8 31   $75.00 10/03/2016
Fire Alarm Installer Contractor Fees First time issuance of fire alarm installer contractor 2 year registration 8 31   $125.00 10/03/2016
Fire Alarm Installer Contractor Fees Renewal of fire alarm installer contractor 2 year registration. 8 31   $100.00 10/03/2016
Fire Alarm Installer Contractor Fees Fire alarm system permit fee, per initiating device. 8 31   $2.00  
Garbage and Trash Typical municipal solid waste, per ton. 10 27 1 $56.00 6/1/2014
Garbage and Trash NNSWC gate fee, per ton. 10 28 a $24.00  
Garbage and Trash Transfer station inspection fee, per load. 10 28 b $8.00  
Garbage and Trash Transfer station minimum MSW fee, per vehicle. 10 28 c $12.00  
Garbage and Trash Transfer station operating fee, per ton. 10 28 c $32.00 6/1/2014
Garbage and Trash Sorting/loading labor, per hour. 10 28 d $40.00 11/4/2013
Garbage and Trash Crematory, single animal. 10 28 d $42.00 10/01/2016
Garbage and Trash Crematory, multiple animals. 10 28 d $84.00 10/01/2016
Garbage and Trash Crematory, contraband. 10 28 d $84.00 10/01/2016
Garbage and Trash Automotive battery, each. 10 28 d $5.00  
Garbage and Trash Computer/TV monitors, each. 10 28 d $15.00 10/01/2016
Garbage and Trash Computer system disposal, each. 10 28 d $15.00  
Garbage and Trash Concrete, clean and un-coated, per ton. 10 28 d $5.00  
Garbage and Trash Concrete, coated and/or painted, per ton. 10 28 d $5.00  
Garbage and Trash Construction and demolition, untreated dimensional lumber, per ton. 10 28 d $30.00  
Garbage and Trash Car tires, each. 10 28 d $3.00 10/03/2016
Garbage and Trash Hazardous waste. 10 28 d Actual costs associated with handling, storage and disposal  
Garbage and Trash Light truck tires, each. 10 28 d $3.00 10/6/2014
Garbage and Trash Truck tires/skid loader rubber tracks, each. 10 28 d $15.00 10/6/2014
Garbage and Trash Tractor tires, each. 10 28 d $35.00 10/6/2014
Garbage and Trash Tire with rim, each. 10 28 d Twice the stated tire fee  
Garbage and Trash Appliances, each. 10 30 a 8.00  
Garbage and Trash Appliances with Freon, each. 10 30 a $30.00  
Garbage and Trash Yard waste, per 36 gallon bag. 10 30 b $0.60  
Garbage and Trash Yard waste, per cubic yard. 10 30 b $3.00 10/1/2011
Garbage and Trash Yard waste, per ton. 10 30 b $19.00  
Garbage and Trash Yard waste, flat rate for standard size pickup boxes and smaller, each. 10 30 b $3.00  
Garbage and Trash Tree waste, per ton. 10 30 c $19.00  
Garbage and Trash Brush and limbs, flat rate for standard size pickup boxes and smaller, each. 10 30 c $3.00  
Garbage and Trash Floppy discs, flash drives, small tape back-ups shredding, each. NA     $0.50 11/4/2013
Garbage and Trash Large tape back-ups, phones without batteries shredding, each. NA     $1.00 11/4/2013
Garbage and Trash 1-5 Hard drives/phones with batteries shredding, each. NA     $5.00 11/4/2013
Garbage and Trash 6-20 Hard drives/phones with batteries shredding, each. NA     $4.00 11/4/2013
Garbage and Trash 21+ Hard drives/phones with batteries shredding, each. NA     $3.00 11/4/2013
Garbage and Trash Large rubber tractor tracks, each. NA     $100.00 11/4/2013
Garbage and Trash Scale out weighing, one weight from stored weights, one weight is new. NA     $8.00 11/4/2013
Garbage and Trash Scale in weighting, weigh a vehicle in and out. NA     $10.00 11/4/2013
Garbage and Trash Sale of dirt, pickup or small trailer loaded by hand. NA     $5.00 11/4/2013
Garbage and Trash Transfer trailer rent and transportation (within city limits and extraterritorial zoning jurisdiction only), per load. 10 29   $250.00 plus landfill gate fee 10/01/2016
Health and Sanitation Public pool operating permit (class B, C, D, E, or F pools). 11 47   $50.00 10/1/2013
Permits and Business Regulations Circus, annual fee (not required for non-profit or civic clubs). 13 17 a $500.00  
Permits and Business Regulations Carnival, daily fee. 13 17 b $50.00  
Permits and Business Regulations Salvage yard permit annual fee. 13 42 a $50.00  
Permits and Business Regulations Antique and used merchandise annual permit. 13 58 a $25.00  
Permits and Business Regulations Auction permit, annual fee. 13 58 a $25.00  
Permits and Business Regulations Second hand dealer permit, annual fee. 13 58 a $25.00  
Permits and Business Regulations Pawnbroker's permit, annual fee. 13 71 b $100.00 11/21/2011
Permits and Business Regulations Telecommunications occupation tax. 13 80 a 3% gross receipts  
Permits and Business Regulations Failure of telephone company to provide statement of quarterly gross receipts subject to occupation tax. 13 82 b $25,000.00  
Permits and Business Regulations Itinerant merchant, 30-day permit. 13 113 a $25.00 2/21/2017
Permits and Business Regulations Itinerant merchant, 90-day permit. 13 113 a $60.00 2/21/2017
Permits and Business Regulations Itinerant merchant, 180-day permit. 13 113 a $125,00 2/21/2017
Permits and Business Regulations Itinerant merchant, annual permit. 13 113 a $250.00 2/21/2017
Permits and Business Regulations Itinerant merchant (occupation tax), per vehicle. 13 113 a $50.00 2/21/2017
Permits and Business Regulations Peddler/solicitor, 30-day permit. 13 113 b $25.00 2/21/2017
Permits and Business Regulations Peddler/solicitor, 90-day permit. 13 113 b $60.00 2/21/2017
Permits and Business Regulations Peddler/solicitor, 180-day permit. 13 113 b $125.00 2/21/2017
Permits and Business Regulations Peddler/solicitor, annual permit. 13 113 b $250.00 2/21/2017
Permits and Business Regulations Peddler/solicitor (occupation tax) per vehicle. 13 113 b $5.00 2/21/2017
Permits and Business Regulations Street vendor/temporary merchant, 30-day permit. 13 113 c $25.00 2/21/2017
Permits and Business Regulations Street vendor/temporary merchant, 90-day permit. 13 113 c $60.00 2/21/2017
Permits and Business Regulations Street vendor/temporary merchant, 180-day permit. 13 113 c $125.00 2/21/2017
Permits and Business Regulations Street vendor/temporary merchant, annual permit. 13 113 c $250.00 2/21/2017
Permits and Business Regulations Street vendor/temporary merchant (occupation tax), per vehicle. 13 113 c $5.00 2/21/2017
Permits and Business Regulations Appeal of denied itinerant merchant, peddler, solicitor, street vendor, or temporary merchant permit, non-refundable. 13 117   $100.00 11/21/2011
Permits and Business Regulations Games of chance (occupation tax). 13 143   5% of gross receipts per quarter  
Permits and Business Regulations Distributing gambling devices (occupation tax). 13 144   5% of gross receipts per quarter  
Permits and Business Regulations Gambling device permit fee per location. 13 148   $10.00  
Permits and Business Regulations Hotel lodging (occupation tax) 13 163   4% of gross receipts 2/1/2011
Permits and Business Regulations Restaurant and alcohol sales (occupation tax) 13 183   2% of gross receipts 2/1/2011
Permits and Business Regulations Horse-drawn carriage business license 13 202   $25.00 11/21/2011
Mobile Homes and Mobiles Home Parks Mobile home park permit, plus $1.00 per space. 15 33   $25.00 + $1.00 per space  
Nuisances Administrative weed/litter/drainage fee. 17 16   $25.00  
Nuisances Weed abatement fee. 17 16   Cost as billed by contractor plus $0.01 per square foot if weeds are controlled by the city  
Nuisances Litter removal. 17 16   Actual cost of litter removal  
Nuisances Stagnant water mitigation. 17 16   Actual cost of draining and filling to remove stagnant water  
Nuisances Graffiti removal. 17 55 c Actual cost to remove graffiti  
Response to Large Parties Large party response fee. 20 8   Actual cost  
Streets and Sidewalks Sidewalk mobilization fee. 22 23 c $100.00  
Streets and Sidewalks Construction or repair of sidewalks per square foot. 22 23 c $10.00  
Streets and Sidewalks Under concrete pavement minimum fee, includes first 2 square yards. 22 68 a $375.00  
Streets and Sidewalks Under concrete pavement, cost per additional square yard or fraction thereof. 22 68 a $75.00  
Streets and Sidewalks Under gravel or earth roads minimum fee, includes first 2 square yards. 22 68 a $120.00  
Streets and Sidewalks Under gravel or earth roads, cost per additional square yard or fraction thereof. 22 68 a $40.00  
Streets and Sidewalks Concrete paving cuts, cost per foot. 22 68 a $5.00  
Streets and Sidewalks Concrete paving cuts, minimum fee. 22 68 a $50.00  
Streets and Sidewalks Sawing and removing curbs, cost per foot. 22 68 a $8.00  
Streets and Sidewalks Removing curb and gutter, cost per foot. 22 68 a $5.00  
Streets and Sidewalks Curb removal minimum fee. 22 68 a $100.00  
Streets and Sidewalks Curb removal by grinding, permit fee. 22 68 a $15.00  
Streets and Sidewalks Curb removal by grinding, cost per lineal foot. 22 68 a $9.50  
Streets and Sidewalks Curb removal by grinding, minimum fee (non-inclusive of permit fee). 22 68 a $100.00  
Streets and Sidewalks Curb removal by grinding, contractor permit fee. 22 68 a $15.00  
Streets and Sidewalks Fill material for backfilling, cost per cubic yard. 22 68 a $7.00  
Streets and Sidewalks Rental price per day: 12 foot barricade with legs. 22 68 b $3.00  
Streets and Sidewalks Rental price per day: solar lights. 22 68 b $2.00  
Streets and Sidewalks Rental price per day: plastic drum. 22 68 b $3.50  
Streets and Sidewalks Replacement fee: each 12 foot barricade. 22 68 b $20.00  
Streets and Sidewalks Replacement fee: each damaged "A" frame leg. 22 68 b $20.00  
Streets and Sidewalks Replacement fee: each solar light. 22 68 b $25.00  
Streets and Sidewalks Replacement fee: each plastic drum. 22 68 b $75.00  
Moving Buildings Annual building mover's registration. 22 88   $100.00  
Moving Buildings Single event building mover's fee. 22 88   $50.00  
Moving Buildings Permit to move buildings. 22 98   $25.00  
Subdivisions Lot boundary change filing fee. 23 16.1 b $100.00  
Subdivisions Preliminary plat approval. 23 21   $100.00  
Subdivisions Preliminary plat fee per lot. 23 21   $5.00  
Subdivisions Final plat approval. 23 21   $100.00  
Subdivisions Final plat fee per lot. 23 21   $5.00  
Subdivisions Request for a waiver of minimum subdivision improvements. 23 48   $250.00  
Traffic Impounded vehicle storage fee, first day. 24 152 c $25.00  
Traffic Impounded vehicle storage fee, subsequent days. 24 152 c $5.00  
Traffic Cost of towing an impounded vehicle. 24 152 c Actual cost  
Roll Off Refuse Boxes Permit for placement on street right of way (10-day permit) 24 284 a $50.00 10/03/2016
Roll Off Refuse Boxes Permit for placement on street right of way (5-day extension) 24 284 a $25.00 10/03/2016
Trees and Shrubbery Failure to reimburse city for abatement of nuisance, in addition to cost of abatement. 25 2 d $25.00  
Water Final reading required before new water and/or sewer service. 26 2   $30.00  
Water Water and/or sewer service turn on fee for newly constructed residences and businesses. 26 2   $30.00  
Water Water system tap fee. 26 11 a $95.00 + materials 10/6/2014
Water Connection to water system, per front foot of property. 26 11 b $5.00 10/6/2014
Water Restoration of water service during normal business hours. 26 18   $30.00  
Water Restoration of water service outside of normal business hours. 26 18   $45.00  
Water Rates and Charges Water usage rate for the first 660 cubic feet of water inside city limits. 26 41 b minimum fee for meter size  
Water Rates and Charges Water usage rate per 100 cubic feet from 660 to 6,660 cubic feet of water inside city limits. 26 41 b $1.40 10/01/2016
Water Rates and Charges Water usage rate per 100 cubic feet from 6,660 to 33,660 cubic feet of water inside city limits. 26 41 b $1.12 10/01/2016
Water Rates and Charges Water usage rater per 100 cubic feet for water usage over  33,660 cubic feet inside city limits. 26 41 b $0.99 10/01/2016
Water Rates and Charges Water usage rate for the first 660 cubic feet of water outside city limits. 26 41 b minimum fee for meter size  
Water Rates and Charges Water usage rate per 100 cubic feet from 660 to 6,660 cubic feet of water outside city limits. 26 41 b $2.81 10/01/2016
Water Rates and Charges Water usage rate per 100 cubic feet from 6,660 to 33,660 cubic feet of water outside city limits. 26 41 b $2.25 10/01/2016
Water Rates and Charges Water usage rater per 100 cubic feet for water usage over  33,660 cubic feet outside city limits. 26 41 b $1.66 10/01/2016
Water Rates and Charges Minimum charge for 5/8 inch water meter within city limits, per bi-monthly billing period. 26 41 c $12.42 10/01/2016
Water Rates and Charges Minimum charge for 3/4 inch water meter within city limits, per bi-monthly billing period. 26 41 c $13.46 10/01/2016
Water Rates and Charges Minimum charge for 1 inch water meter within city limits, per bi-monthly billing period. 26 41 c $15.80 10/01/2016
Water Rates and Charges Minimum charge for 1 1/2 inch water meter within city limits, per bi-monthly billing period. 26 41 c $28.89 10/01/2016
Water Rates and Charges Minimum charge for 2 inch water meter within city limits, per bi-monthly billing period. 26 41 c $44.69 10/01/2016
Water Rates and Charges Minimum charge for 3 inch water meter within city limits, per bi-monthly billing period. 26 41 c $85.02 10/01/2016
Water Rates and Charges Minimum charge for 4 inch water meter within city limits, per bi-monthly billing period. 26 41 c $130.80 10/01/2016
Water Rates and Charges Minimum charge for 6 inch water meter within city limits, per bi-monthly billing period. 26 41 c $250.70 10/01/2016
Water Rates and Charges Minimum charge for 5/8 inch water meter outside city limits, per bi-monthly billing period. 26 41 c $24.85 10/01/2016
Water Rates and Charges Minimum charge for 3/4 inch water meter outside city limits, per bi-monthly billing period. 26 41 c $26.92 10/01/2016
Water Rates and Charges Minimum charge for 1 inch water meter outside city limits, per bi-monthly billing period. 26 41 c $31.61 10/01/2016
Water Rates and Charges Minimum charge for 1 1/2 inch water meter outside city limits, per bi-monthly billing period. 26 41 c $57.77 10/01/2016
Water Rates and Charges Minimum charge for 2 inch water meter outside city limits, per bi-monthly billing period. 26 41 c $89.38 10/01/2016
Water Rates and Charges Minimum charge for 3 inch water meter outside city limits, per bi-monthly billing period. 26 41 c $170.04 10/01/2016
Water Rates and Charges Minimum charge for 4 inch water meter outside city limits, per bi-monthly billing period. 26 41 c $261.60 10/01/2016
Water Rates and Charges Minimum charge for 6 inch water meter outside city limits, per bi-monthly billing period. 26 41 c $501.40 10/01/2016
Water Rates and Charges Service fee:  delinquent charges collected more than once in a 12 month period. 26 46 a $30.00  
Sewers Connection to, extension or alteration of, existing sewer lines per front foot of property. 26 58 a $5.00 10/6/2014
Sewers Building sewer application, permit, and inspection fee (building sewer terminated in sewer main). 26 59 b $20.00 12/2/2013
Sewers Building sewer application, permit, and inspection fee (building sewer terminated in  manhole). 26 59 l $20.00 12/2/2013
Sewers Appeal of decision of city engineer. 26 64 a $500.00 + publication and court reporter costs 11/4/2013
Sewers Individual sewage system construction permit filing fee. 26 80   $50.00  
Water and Sewer Inspection Inspection of water, sewer or disposal system as a condition of the sale of real estate or for the financing thereof. 26 86 c $50.00  
Wastewater Treatment Residential and commercial waste water treatment, minimum bi-monthly charge. 26 97 e  $24.34
($25.11 effective 9/1/2017)
10/01/2016
Wastewater Treatment Additional charge per 100 cubic feet of waste water over 400 cubic feet of waste water per bi-monthly billing period. 26 97 e $1.86
($2.05 effective 9/1/2017)
10/01/2016
Wastewater Treatment Normal charge, per 1,000,000 gallons, for wastewater of greater strength than normal domestic sewage where BOD is equal or less than 300mg/L, TSS is equal or less than 300mg/L, and TKN is equal to or less than 40 mg/L. 26 97 f $2,474.24
($2,740.64 effective 9/1/2017)
10/01/2016
Wastewater Treatment Charge for biological oxygen demand (BOD) for high strength waste. 26 97 f $0.1913 per pound above 300mg/L 9/1/2015
Wastewater Treatment Charge for total suspended solids (TSS) for high strength waste. 26 97 f $0.1961 per pound above 300 mg/L 10/01/2012
Wastewater Treatment Charge for total Kjeldahl nitrogen for high strength waste. 26 97 f $0.6986 per pound above 40 mg/L 9/1/2015
Wastewater Treatment Minimum charge for mud pit waste disposed of at the wastewater plant's dump station. 26 97 i $165.00, plus transfer station tipping fees established in section 10-28 10/01/2016
Wastewater Treatment Minimum charge for septic waste. 26 97 i $67.00 per 1,800 gallon load 10/01/2011
Wastewater Treatment Sewer reconnection fee, inside normal business hours for users of city sewer and water. 26 99.5   $30.00  
Wastewater Treatment Sewer reconnection fee, outside normal business hours for users of city sewer and water. 26 99.5   $45.00  
Wastewater Treatment Sewer only customers, second attempt to collect delinquent payment. 26 99.6   $15.00  
Wastewater Treatment Sewer only customers, third and subsequent attempts to collect delinquent payment. 26 99.6   $30.00  
Wastewater Treatment Exposure and disconnection of sewer. 26 99.6   Actual cost  
Wastewater Treatment Permit to discharge waste industrial waste into a public sewer. 26 141 c $100.00  
Zoning Application of appeal to zoning board of adjustment. 27 31 3 $500.00 + publication costs 10/1/2013
Zoning Amendment to zoning district map. 27 38 b $300.00 + publication costs  
Zoning Conditional use permit. 27 56 2 a $300.00 + publication costs  
Zoning Release of a temporary sign removed from public right-of-way and held in the street division's enclosed yard. 27 323 a 4 $50.00  
Zoning Post-platting hard surface waiver filing fee. 27 351   $250.00 + publication costs  
Miscellaneous:  Administration Returned check fee NA     $25.00 10/1/2011
Miscellaneous:  Baseball fields Practice and games, annual per team. NA     $70.00 10/6/2014
Miscellaneous:  Cabin Rentals Club house daily rental fee. NA     $60.00  
Miscellaneous:  Cabin Rentals Club house refundable damage deposit (cash only). NA     $100.00 2/19/2013
Miscellaneous:  Cabin Rentals Elkhorn lodge daily rental fee. NA     $200.00 2/19/2013
Miscellaneous:  Cabin Rentals Elkhorn lodge refundable damage deposit (cash only). NA     $200.00 2/19/2013
Miscellaneous:  Cabin Rentals Shelter house daily rental fee. NA     $35.00  
Miscellaneous:  Cabin Rentals Shelter house refundable damage deposit (cash only). NA     $100.00 2/19/2013
Miscellaneous:  Cabin Rentals Woodland cabin daily rental fee. NA     $45.00  
Miscellaneous:  Cabin Rentals Woodland cabin refundable damage deposit (cash only). NA     $100.00 2/19/2013
Miscellaneous:  Cross country course Practice and meets, annual per team. NA     $40.00 10/6/2014
Miscellaneous:  Fire Department Copy of a fire report. NA     $10.00  
Miscellaneous:  Fire Department Copy of plat, mailed. NA     $6.00 11/4/2013
Miscellaneous:  Fire Department Detailed zoning verification questionnaire response NA     $50.00 10/1/2011
Miscellaneous:  Fire Department Detailed code compliance questionnaire response NA     $50.00 10/1/2011
Miscellaneous:  Fire Department Special operations/activities. NA     Actual cost  
Miscellaneous:  Fire Department Subpoenaed copy of a rescue report. NA     $10.00  
Miscellaneous:  Football/soccer Field Adult practice
Category 1 group, per hour (2 hour minimum)
NA     $100.00 4/5/2012
Miscellaneous:  Football/soccer Field Adult practice
Category 2 group, per hour (2 hour minimum)
NA     $125.00 4/5/2012
Miscellaneous:  Football/soccer Field Adult game, single
Category 1 group
NA     $750.00 4/5/2012
Miscellaneous:  Football/soccer Field Adult game, single
Category 2 group
NA     $1,000.00 4/5/2012
Miscellaneous:  Football/soccer Field Adult tournament
Category 1 group, per day
NA     $1,000.00 4/5/2012
Miscellaneous:  Football/soccer Field Adult tournament
Category 2 group, per day
NA     $1,250.00 4/5/2012
Miscellaneous:  Football/soccer Field Youth practice,
Category 1 group, per hour (2 hour minimum)
NA     $50.00 4/5/2012
Miscellaneous:  Football/soccer Field Youth practice,
Category 2 group, per hour (2 hour minimum)
NA     $75.00 4/5/2012
Miscellaneous:  Football/soccer Field Youth games outside of regular season, (i.e. tournaments)
Category 1 groups
NA     $250.00 4/5/2012
Miscellaneous:  Football/soccer Field Youth games outside of regular season, (i.e. tournaments)
Category 2 groups
NA     $250.00 4/5/2012
Miscellaneous:  Football/soccer Field Special event NA     To be determined by nature of event 4/5/2012
Miscellaneous:  Football/soccer Field Adult, per day (depending upon availability) NA     $500.00 4/5/2012
Miscellaneous:  Library Late book fee, per day. NA     $.10 10/1/2011
Miscellaneous:  Library Late DVD fee, per day. NA     $1.00  
Miscellaneous:  Library Late hotspot fee, per day. NA     $5.00 10/01/2016
Miscellaneous:  Library Late audio book fee, per day. NA     $0.10  
Miscellaneous:  Library Late CD fee, per day. NA     $.25 10/1/2011
Miscellaneous:  Library Late video game fee, per day. NA     $1.00 10/1/2011
Miscellaneous:  Library Photo copy, each. NA     $0.10  
Miscellaneous:  Library Lost materials. NA     Actual cost of replacement  
Miscellaneous:  Library Genealogy research fee. NA     $10.00  
Miscellaneous:  Library Interlibrary loan:  microfilm/roll. NA     $3.00  
Miscellaneous:  Parking Replacement parking tag NA     $25.00 2/3/2014
Miscellaneous:  Parking stall rental Annual fee NA     $55.00 10/1/2013
Miscellaneous:  Parking stall rental Quarterly fee NA     $15.00 10/1/2013
Miscellaneous:  Parks Overnight camping in Ta-Ha-Zouka Park, per night NA     $18.00 10/1/2011
Miscellaneous:  Parks Overnight camping in Ta-Ha-Zouka Park (primitive), per night NA     $12.00 4/5/2012
Miscellaneous:  Parks Reservable picnic shelter NA     $35.00 10/1/2011
Miscellaneous:  Parks Reservable stage at Central Park NA     $35.00 9/1/2015
Miscellaneous:  Parks Reservable stage at Skyview Park NA     $35.00 9/1/2015
Miscellaneous:  Police Department Copy of an accident report, picked up. NA     $3.00  
Miscellaneous:  Police Department Copy of an accident report, mailed. NA     $4.00  
Miscellaneous:  Police Department Records subpoena. NA     $18.00  
Miscellaneous:  Police Department Copy of a video. NA     $20.00  
Miscellaneous:  Police Department Copy of a photo. NA     $1.00/sheet  
Miscellaneous:  Police Department Criminal history check. NA     $5.00  
Miscellaneous:  Police Department Finger printing. NA     $10.00  
Miscellaneous:  Police Department Towed vehicle. NA     Towing Cost  
Miscellaneous:  Police Department Towed vehicle storage, first day. NA     $25.00  
Miscellaneous:  Police Department Towed vehicle, subsequent days. NA     $5.00  
Miscellaneous:  Police Department Gun permit (background check). NA     $5.00  
Miscellaneous:  Police Department Breath test related to DUI. NA     $35.00  
Miscellaneous:  Police Department Blood/urine test related to DUI. NA     $155.00 10/1/2013
Miscellaneous:  Recreational Programs Girls softball, per child. NA     $15.00 10/1/2011
Miscellaneous:  Recreational Programs Girls softball, late registration, per child. NA     $18.00 10/1/2011
Miscellaneous:  Recreational Programs Kreative Kids per child, per session. NA     $20.00 10/1/2011
Miscellaneous:  Recreational Programs Men's basketball, per team. NA     $255.00 10/1/2011
Miscellaneous:  Recreational Programs Women's volleyball, per team. NA     $160.00 10/1/2011
Miscellaneous:  Recreational Programs Coed volleyball, per team. NA     $160.00 10/1/2011
Miscellaneous:  Recreational Programs Summer girl's volleyball, per team. NA     $120.00  
Miscellaneous:  Recreational Programs Summer girl's basketball, per team. NA     $250.00  
Miscellaneous:  Recreational Programs Men's flag football, per team. NA     $220.00 10/1/2011
Miscellaneous:  Recreational Programs Swimming lessons, per student. NA     $45.00 08/15/2016
Miscellaneous:  Soccer fields (other than Veterans Memorial) Practice and games, annual per team. NA     $40.00 10/6/2014
Miscellaneous:  Softball fields Practice and games, annual per team. NA     $70.00 10/6/2014
Miscellaneous:  Street Department Special operations/activities. NA     Actual cost  
Miscellaneous: Swimming Pool Admissions AquaVenture Daily admission:  youth (age 4-15). NA     $6.00 2/21/2017
Miscellaneous: Swimming Pool Admissions AquaVenture Daily admission:  adult (age 16-54) NA     $8.00 10/1/2012
Miscellaneous: Swimming Pool Admissions AquaVenture Daily admission:  senior (age 55 & up). NA     $7.00 10/1/2012
Miscellaneous: Swimming Pool Admissions AquaVenture Group daily admission:  (maximum 6 people). NA     $35.00 2/21/2017
Miscellaneous: Swimming Pool Admissions Liberty Bell, daily admission. NA     $3.00 10/1/2011
Miscellaneous: Swimming Pool Admissions Individual season pass:  (all ages). NA     $100.00 2/21/2017
Miscellaneous: Swimming Pool Admissions Group season pass (maximum 6 people). NA     $200.00 2/21/2017
Miscellaneous: Swimming Pool Admissions Children 3 and under. NA     Free 10/1/2011
Miscellaneous:  Tennis Practice and meets, annual per team. NA     $40.00 10/6/2014
Miscellaneous:  Tournaments Category 1 group       10% of gate fee
or 5% of entry fee
10/6/2014
Miscellaneous:  Tournaments Category 2 group       20% of gate fee
or 10% of entry fee
10/6/2014

Sec. 2-6.  Satisfaction of bond or surety requirements.

 

Whenever provisions of the Nebraska Revised Statutes or this Code provide for an elected or appointed official of the city to give bond or surety for the faithful performance of their duties, insurance in the amount of the required bond or surety shall satisfy the stated bond or surety requirement. 

 

Source:  Ord.  No. 5345, § 1, 5-18-15;

 

 

Editor's note--Ord. No. 3365, § 1, adopted December 2, 1985, did not specifi­cally amend the Code; therefore inclusion as § 2-4 was at the discretion of the editor.

Cross reference--Council president, § 2-17.1.5.

ARTICLE II.  COUNCIL*

*Cross reference--Wards, § 7-2.

State law reference--Council generally, R.R.S. 1943, 16-401 et seq.

 

Sec. 2-16.  Regular meetings.

 

The city council shall hold its regular meetings on the 1st and 3rd Mondays of each and every month at a time to be established by resolution of the mayor and city council.  If the day fixed for any regular meeting of the council falls upon any day designated by law as a legal or national hol­iday, such meeting shall be held the same hour on the next suc­ceeding day not a holiday.  Regular meeting of the council shall be held in the council chambers, provided, that the council may ad­journ any meeting to such other place as it may deem necessary, desirable or convenient for holding of its meeting; provided fur­ther, that if such meeting is adjourned to some other place, notice of the place the meeting is being held shall be affixed to the door of the council chamber. 

 

Source:  Ord. No. 2992, § 1, 6-1-81; Ord. No. 5039, § 1, 10-20-08

State law reference--Authority to determine time, date, etc., of regular meetings, R.R.S. 1943, § 16-401.

 

Sec. 2-16.1.  Special meetings.

 

The mayor shall call special meetings of the council whenever, in his or her opinion, the public business may require it, or at the ex­press request of any five (5) members of the council.  Whenever a special meeting shall be called, a notice in writing signed by the mayor or president of the council shall be delivered to each member either in person or by notice left at or mailed to their place of residence, stating the day and hour of the special meeting; pro­vided, that such notice may be waived in writing either at, before or after such meeting by any member of the council and the at­tendance of any member of the council at such special meeting shall be deemed to be a waiver of any such notice. 

 

Source:  Ord.  No. 2992, § 2, 6-1-81; Ord. No 5240, § 1, 12-3-12 

Sec. 2-17.  Agenda.

 

All reports, communications, ordinances, resolutions, contract documents or other matters to be submitted to the city council shall be submitted to the city administrator whereupon the city administrator shall create an agenda setting forth the order of business and furnish the mayor, each member of the city council, the city clerk, and the city attorney with a copy of the same prior to the city council meeting and as far in advance of the meeting as time for preparation will permit.  None of the foregoing matters shall be presented to the city council by administrative officials, except those of an urgent or emergency nature, and the same, when so presented, shall have been approved by the city admin­istrator prior to its presentation.  Any member of the city council may bring before the city council any matter, although not on said agenda, which complies with the Nebraska Open Meetings Law and which concerns a matter of an emergency nature. 

 

Source: Ord.  No. 2292, § 3, 6-1-81; Ord.  No. 3109, § 1, 11-15-82; Ord.  No. 3782, § 1, 2-19-91; Ord. No. 5033, § 1, 10-6-08

 

Sec. 2-17.1.  Presiding officer.

 

The presiding officer of the city council shall be the mayor, or in his or her absence, the president of the council.  The presiding officer shall preserve strict order and decorum at all regular and special meetings of the council.  He or she shall state every question coming before the council on all subjects and decide all questions of order, subject however, to an appeal to the council, in which event a majority vote of the council shall govern and conclusively deter­mine such question of order.  Such appeal shall be immediately presented and voted upon by the council.  The mayor shall vote only as prescribed by the statutes of the state; however, if the presiding officer is the president of the council or some other member of the council in his or her absence, said council member shall retain his or her right to vote on any matter coming before the council.  The mayor or other presiding officer shall sign all ordinances and resolutions adopted by the council during his or her presence. 

 

Source: Ord.  No. 2992, § 4, 6-1-81; Ord. No. 5240, § 2, 12-3-12

 

Sec. 2-17.1.5.  Council president; term of office; acting pres­ident; duties.

 

(a)   The city council shall elect at its first meeting in December of each even numbered calendar year one (1) of its members as president of the city council and he or she shall preside at all meetings of the city council in the absence of the mayor.

 

(b)   In the absence of the president of the city council, the council shall elect one (1) of its members to occupy the place temporarily, who shall be designated as acting president of the city council.  The president and acting president of the city council, when oc­cupying the place of mayor, shall have the same privileges as other members of the city council; and all acts of the president or acting president of the city council while so acting shall be as binding upon the city council and upon the city as if done by the mayor.

 

(c)   The president of the city council is hereby empowered to be the city's representative on the Nebraska League of Municipali­ties' Legislative Committee or in the alternative to appoint from the city council the city's representative to said committee with the approval of the city council.  The term of the president of the city council or his or her appointee on said committee shall be co-terminus with the office of the president of the city council as provided herein.

 

(d)   The president of the city council shall, at the next regular city council meeting following his or her election, appoint the members of the city council to the city council's standing subcommittees as set forth in Section 2-21.l(a) of this Code.  The president of the city council's appointments to the city council's standing subcommittees shall be co-terminus with the office of the president of the city council as provided herein. 

 

Source: Ord.  No. 3272, § 1, 12-3-84; Ord.  No. 3929, § 2, 2-16-93; Ord. No. 5240, § 2, 12-3-12

Cross reference--Representation on the League of Municipalities' legislative committee, § 2-4.

State law references--Council; president; acting president; duties, R.R.S. 1943, 16-402.

 

Sec. 2-17.2.  Call to order.

 

The mayor, or in his or her absence the president of the council, shall take the chair precisely at the hour appointed for the council meeting, and shall immediately call the city council meeting to order.  In the absence of the mayor or president of the council, the city clerk or his or her deputy shall call the council meeting to order, whereupon a temporary presiding officer shall be elected by the members of the council present.  Upon the arrival of the mayor or president of the council, the temporary presiding officer shall immediately relinquish the chair upon the conclusion of the busi­ness immediately before the council. 

 

Source: Ord.  No. 2992, § 5, 6-1-81; Ord. No. 5240, § 2, 12-3-12

 

Sec. 2-17.3.  Roll call.

 

Before proceeding with the business of the city council, the city clerk or his or her deputy shall call the roll of the members of the council, and the names of those present shall be entered in the minutes. 

 

Source: Ord.  No. 2992, § 6, 6-1-81; Ord. No. 5240, § 2, 12-3-12

 

Sec. 2-18.  Quorum.

 

A majority of all the members of the city council shall consti­tute a quorum at any regular or special meeting of the council.  In the absence of a quorum, a smaller number may adjourn from time to time and may compel the attendance of the absent mem­bers. 

 

Source: Ord.  No. 2992, § 7, 6-1-81

 

Sec. 2-18.1.  Order of business.

 

All meetings of the city council shall be open to the public.  Promptly at the hour set by this Code on the day of each regular meeting, the mayor, members of the city council, city clerk, city administrator, and city attorney or their assistants, shall take their place in the council chambers, and the business of the city council shall be taken up pursuant to an agenda created by the city administrator. 

 

Source: Ord.  No. 2992, § 8, 6-1-81; Ord.  No. 3782, § 2, 2-19-91; Ord. No. 4202, § 1, 9-16-96; Ord. No. 5033, § 2, 10-6-08

 

Sec. 2-18.2.  Reading of minutes.

 

Unless a reading of the minutes of a city council meeting is requested by a member of the council, such minutes may be ap­proved without reading if the city clerk has previously furnished each member with a synopsis thereof. 

 

Source: Ord.  No. 2992, § 9, 6-1-81

 

Sec. 2-18.3.  Rules of procedure.

 

Unless otherwise specified or unless changed by a specific pro­vision of this ordinance, the city council shall be governed in matters of procedure by the most current revision of "Robert's Rules of Order." 

 

Source: Ord.  No. 2992, § 10, 6-1-81

 

Sec. 2-19.  Rules of debate.

 

(a)   The presiding officer may debate any matter coming before the council.  The member of the city council as may be presiding in the absence of the mayor, may move, second, debate and vote from the chair, subject only to such limitations of debate as are imposed by these rules on all members, and shall not be deprived of any of the rights and privileges of a councilman by reason of his acting as presiding officer.

 

(b)   Every member desiring to speak shall address the chair, and upon recognition by the presiding officer, shall confine him­self to the question under debate, avoiding all personalities and indecorous language.

 

(c)   A member once recognized, shall not be interrupted when speaking, unless it is to call him to order or as otherwise provided in this article.  If a member, while speaking, is called to order, he shall cease speaking until the question of order is determined, and if in order, he shall be permitted to proceed.

 

(d)   A member having the floor shall yield the same for a point of order addressed to the chair, a question of personal privilege raised by any member and an inquiry for information addressed to the chair.  He may, upon request of any other member, temporarily yield the floor for any interrogation or a statement by any member, at the conclusion of which he will again be entitled to the floor.

 

(e)   The council may, by general rule, limit debate or discussion on any matter, or may, by motion adopted at the time, limit debate or discussion on any particular subject or motion, and may by majority of the members present, extend any such limit.

 

(f)    The councilman moving the adoption of an ordinance or resolution shall have the privilege of closing the debate.

 

(g)   A motion to reconsider any action taken by the council may be made only on the day such action was taken.  It may be made either immediately during the same meeting or at a recessed or adjourned meeting thereof.  Such motion must be made by one (1) of the prevailing side, but may be seconded by any member, and may be made at any time and have precedence over all other motions or while a member has the floor and it shall be debatable.  Nothing in this subsection shall be construed to prevent any member of the council from making or remaking the same or any other motion at a subsequent meeting of the council.

 

(h)   A councilman may request, through the mayor, the privi­lege of having a transcript of his statement on any subject under consideration by the council entered in the minutes.

 

Source:  Ord.  No. 2992, § 11, 6-1-81

 

Sec. 2-19.1.  Addressing the council.

 

(a)   The presiding officer of the city council shall provide oppor­tunity during council meetings for discussion by interested per­sons or their authorized representatives on any council agenda item prior to final action thereof; provided, that a preference shall be given to any person who, at least three (3) days prior to the council meeting, shall have requested opportunity for discussion by notice directed to the city clerk.

 

(b)   Any person may direct a written communication to the city council on any matter concerning the city's business by directing the communication to the city council through the mayor, city administrator or city clerk.  Any such written communication may be referred to a subcommittee or may be placed on the agenda of a city council meeting as deemed appropriate under the order of business enti­tled "Special presentations."

 

(c)   After a motion is made in the city council, the presiding officer shall govern the discussion and/or debate on the issue or subject.

 

(d)   The presiding officer shall, from time to time, make such rules as he may deem necessary to fulfill and carry out the intent of the provisions of this section.

 

Source: Ord.  No. 2992, § 12, 6-1-81; Ord.  No. 3929, § 3, 2-16-93; Ord. No. 5076, § 1, 6-15-09

 

Sec. 2-19.2.  Manner of address; time limit.

 

Each person addressing the city council shall step up to the podium, sign the register, state his or her name for the record, and unless further time is granted by the council, limit his or her address to five (5) minutes in length.  All remarks shall be addressed to the council as a body and not to any member thereof.  No person, other than the council and the person having the floor, shall be permitted to enter into any discussion, either directly or through a member of the council, without the permission of the mayor or presiding officer. 

 

Source:  Ord. No. 2992, § 13, 6-1-81

 

Sec. 2-20.  Decorum generally.

 

While the city council is in session, the members shall preserve order and decorum. 

 

Source:  Ord.  No. 2992, § 14, 6-1-81

 

Sec. 2-21.  Who may attend meetings.

 

Any subcommittee of the city council or the city council sitting as a committee of the whole may determine who, besides its mem­bers, may be present. 

 

Source:  Ord. No. 2992, § 14, 6-1-81; Ord. No. 3782, § 3, 2-19-91

 

Sec. 2-21.1  City council subcommittees.

 

(a)   The city council shall have the following subcommittees:

 

(1)        Public works;

 

(2)        Public safety;

 

(3)        Planning and community development;

 

(4)        Culture and recreation.

 

(5)        Economic development.  The economic development subcommittee shall have four council members appointed to it.

 

(b)    The mayor shall be a member of all subcommittees listed in subsection (a) above.

 

(c)    The members of the subcommittees of the city council shall be appointed by the council president and serve as set forth in Section 2-17-1.5(d) of this Code.

 

(d)   The subcommittees shall meet at such time and place as the subcommittees shall determine for their convenience and necessity or as requested by the city administrator. 

 

Source:  Ord. No. 3109, §§ 2, 3, 11-15-82; Ord. No. 3261, § 1, 10-15-84; Ord. No. 3454, § 1, 2-17-87; Ord. No. 5076, § 2, 6-15-09; Ord. No. 5240, § 3, 12-3-12

Editor's note--Sections 2 and 3 of Ord.  No. 3109, enacted Nov. 15, 1982, amended §§ 17 and 18 of Ord.  No. 2992, enacted June 1, 1981, to read as set out in § 2-21.1(a), (b) and (c), (d), respectively; designation of said amended section as § 2-21.1 was at the editor's discretion.

 

Sec. 2-21.3.  Protest by council member.

 

Any member of the council shall have the right to have the reasons for his dissent from or protest against any action by the council entered in the minutes. 

 

Source:  Ord. No. 2992, § 20, 6-1-81

 

Sec. 2-21.4.  Ordinances, resolutions, motions and contracts.

 

(a)   The city attorney shall, on the request of the mayor, city council or any member thereof, city administrator or de­partment or division head, prepare any ordinance or resolution.

 

(b)   Before any ordinance or resolution shall be finally adopted, the city attorney or his authorized assistant shall endorse thereon his approval as to form.  Before any bond, contract or other legal document binding the city shall be presented to the council for final approval, the city attorney or his authorized assistant shall approve the same as to its form and shall endorse such approval thereon.

 

(c)   Any ordinance, except those containing an emergency clause, relating to the duties, powers, and functions of any administra­tive department, division or office, or affecting in any substantial manner the administration of the city government shall, on first reading, be referred by the presiding officer to the city adminis­trator for his report and recommendation thereon.

 

Source:  Ord. No. 2992, § 21, 6-1-81; Ord. No. 3782, § 4, 2-19-91

 

Sec. 2-22.  Procedure for the introduction and passage of ordi­nances and resolutions.

 

(a)   Ordinances, resolutions and other matters or subjects requiring action by the council may be introduced and spon­sored by any member of the council and by no other person; provided, that the city administrator or the city attorney may present ordinances, resolutions and other matters or subjects to the council, and any councilman may assume sponsorship thereof by introducing the same and moving its adoption; otherwise, such matters shall not be considered by the council.

 

(b)   Upon its introduction, each ordinance shall be put upon its first reading, whereupon the presiding officer shall first open it up for discussion from the public and thereafter for discussion by the council.  After terminating the discussion as provided herein, the ordinance may be:

 

(1)       Amended by appropriate motion, second and majority vote of the council; and/or

 

(2)       Advanced to second reading by appropriate motion, second and majority vote of the council; or

 

(3)       Passed on all three (3) readings by an appropriate motion suspending the statutory rules requiring three (3) readings, second and a three-fourths vote of the council.

 

(c)   Any ordinance which shall have had its first reading shall be taken up by the city council at its next regular meeting and shall be read the second time, whereupon the presiding officer, after its introduction on second reading, shall open it up for dis­cussion first from the public and then by the city council.  After terminating the discussion on second reading as provided herein, the ordinance may be:

 

(1)       Amended by appropriate motion, second and majority vote of the city council and referred to the city attorney pur­suant to subsection (e) below; and/or

 

(2)       Passed on second reading and advanced to third reading by majority vote of the city council; or

 

(3)       Passed on second reading, and by appropriate motion, second, and a three-fourths vote of the city council, suspend the rules and pass the same on third reading.

 

(d)   Any ordinance which shall have had its first and second readings shall be taken up by the city council at its next regular meeting and shall be read for a third time, whereupon the pre­siding officer shall call for the introduction of the ordinance and without further discussion or debate from the public or the city council, the city council shall vote on the same.

 

(e)   If any ordinance shall have been amended upon its second reading or on prior consideration thereof by the council, it shall be referred to the city attorney for approval as to form as amended before it comes on for third reading; and if the amendment shall constitute a change in substance, the ordi­nance, as amended, shall be filed in the office of the city clerk for at least one additional week, and opportunity afforded for a further public hearing, after which third reading of the ordinance may be had.

 

(f)    No ordinance except those making appropriations and those codifying and rearranging existing ordinances, shall relate to more than one subject, which shall be clearly ex­pressed in the title thereof; and no ordinance or section thereof or section of the revised ordinances of the city shall be amended or repealed unless the amending ordinance refers to the ordi­nance, section thereof or section of the revised ordinances by number sufficient to identify the items to be repealed or amended.

 

(g)   All ordinances to be adopted must be advanced and passed on all three (3) readings, except in the case where by appropriate motion, second and a three-fourths vote of the council the statutory rules requiring three (3) readings are suspended.  If an ordinance is not advanced to either second or third reading, a motion to kill or to table the ordinance would be in order, and after an appropriate motion thereto, second and majority vote of the council, the ordinance would be deemed tor have died or have been tabled.

 

(h)   Any resolution may be passed at the meeting at which it is introduced.

 

(i)    All ordinances and resolutions shall be deemed to have died on the table when they shall have been tabled or referred to any committee of the city council or to the administration, and no formal action shall have been taken upon such ordinance or res­olution prior to the next succeeding formal organizational meeting of the city council as provided in section 2-17.1.5 of this Code.  The city clerk shall expunge from the records all such ordinances and resolutions not acted upon prior to the time of the formal organi­zational meeting of the city council as set forth above. 

 

Source:  Ord. No. 2992, § 22, 6-1-81; Ord. No. 3782, §§ 5--7, 2-19-91

 

Sec. 2-23.  Committee reports.

 

All committees of the city shall make their reports in writing when so directed by the presiding officer.  All reports so made shall be filed with the city clerk and entered on the minutes of the city council. 

 

Source:  Ord. No. 2992, § 23, 6-1-81

 

Sec. 2-24.  Motion to adjourn.

 

A motion to adjourn shall always be in order and shall be decided on without discussion or debate. 

 

Source:  Ord. No. 2992, § 24, 6-1-81

 

Sec. 2-25.  Mayor; veto power; passage over veto.

 

The mayor shall have the power to approve or veto any ordi­nance passed by the city council, and to approve or veto any order, bylaw, resolution, award or vote to enter into any contract, or the allowance of any claim; provided, that the mayor shall exercise his or her right to veto any such item as set forth above by notifying the city clerk of such action within seven (7) calen­dar days of the city council meeting where such item was ap­proved.  The city clerk shall notify the city council in writing of the mayor's veto within twenty-four (24) hours of being so noti­fied by the mayor.  Any such ordinance, order, bylaw, resolution, award or vote to enter into any contract, or the allowance of any claim vetoes by the mayor, may be passed over his veto by a vote of two-thirds of all members of city council, notwithstanding his or her veto.  If the mayor neglects or refuses to sign any ordi­nance, order, bylaw, resolution, award or vote to enter into any contract, or the allowance of any claim, and returns the same with his objection in writing at the next regular meeting of the city council, the same shall become law without his or her signa­ture.  The mayor may veto, as set forth above, any item or items of any appropriation bill, and approve the remainder thereof, and the item or items so vetoed may be passed by the city council over the veto as in other cases. 

 

Source:  Ord. No. 3298, § 1, 4-1-85

Editor's note--Ord.  No. 3298, § 1, adopted April 1, 1985, did not specifically amend the Code; therefore, codification as § 2-25 was at the discretion of the editor.

State law reference--Similar provisions, R.R.S. 1943, 16-313.

 

Sec. 2-26.  Procedure for filling vacancy in the office of mayor and/or city councilman.

 

(a)   In the case of a vacancy in the office of mayor, the president of the council shall serve as mayor for the unexpired term, except that if at least one-half of the previous mayor's term remains and a general election is to be held more than sixty (60) days from the date of the vacancy, a successor shall be elected at the next general election for the balance of the previous mayor's unex­pired term under the following terms and conditions:

 

(1)       If, before a primary election, there shall be a vacancy on account of death or declination of the mayor after the time for filing and before the primary election, such vacancy can only be filled by a petition candidate after the primary election.  Petition signers and petition circulators shall con­form to the requirements of section 32-713 of the Nebraska Revised Statutes, 1943, as amended.

 

(2)       If, after a primary election, there shall, through any cause whatsoever, be a vacancy in the office of mayor, such va­cancy shall be filled by filing petitions with the Madison County clerk no later than seventy (70) days prior to the general election.

 

a.         Said petitions shall conform to the requirements of section 32-4, 156 of the Nebraska Revised Statutes, 1943, as amended, and shall show the name, address of the candidate, the office to be filled, and the signa­tures, printed names, and addresses of the qualified, registered signers, the truth of which must be sworn to by the circulator thereof. 

b.         Said petitions must bear the signatures of at least five (5) per cent of the total number of registered voters voting for governor or president in the preceding gen­eral election in the City of Norfolk.  In no event shall the total number of signatures required exceed seven hundred fifty (750). 

c.         Accompanying each petition shall be a receipt from the Madison County treasurer for the sum which would have been required had the candidate filed before the primary election.  Within five (5) days after all peti­tions have been filed with the Madison County clerk, each candidate shall file a written statement of accep­tance with the Madison County clerk.

 

(3)       Candidates placed on the ballot by petitions shall be termed candidates by petition, and upon the ballot upon which their names are printed shall be printed after each name the words "By Petition."

 

(4)       The names of the candidates shall rotate as provided in section 32-424(2) of the Nebraska Revised Statutes, 1943, as amended.

 

(5)       The candidate receiving the highest number of votes in the general election shall be declared the winner and serve as mayor for the remainder of the previous mayor's unexpired term.

 

(b)       In the case of a vacancy in the office of city councilman, such vacancy shall be filled by the mayor with the consent and approval of the city council for the previous councilman's unex­pired term as follows:

 

(1)       Notice of such vacancy, except that resulting from the death of a councilman, shall be in writing and presented to the city council at a regular meeting of the council and shall appear as part of the minutes of such meeting.

 

(2)       The city council shall at once give public notice of the vacancy by causing a notice to be published in a newspa­per of general circulation within the city or by posting in three (3) public places in the city setting forth the city council vacancy by ward number and the length of the unexpired term.

 

(3)       Persons from the city ward in which the vacancy exists interested in being considered for the filling of said va­cancy shall within seven (7) days after the regular meeting at which said notice of vacancy was presented or upon the death of a councilman, file with the city administrator a written statement of his or her intention to be considered along with a personal resume.

 

(4)       The mayor and city council shall be entitled to personally interview any and all interested persons who have applied to fill said vacancy prior to the time of the special meeting required to be called under subsection (5) below.

 

(5)       The mayor shall within two (2) weeks after the regular meeting at which said notice of vacancy was presented or upon the death of a councilman, call a special meeting of the city council at which time the mayor shall submit the name of a qualified elector of the city ward in which the vacancy exists to fill the vacancy for the balance of the unexpired term.  The city council shall vote upon said nom­inee and if a majority of the city council shall vote in favor of said nominee, the vacancy shall be declared filled for the remainder of the unexpired term.  If a majority vote of the city council is not reached, the nomination shall be re­jected and the mayor shall at the next regular meeting of the city council submit the name of another qualified elec­tor from the city ward in which the vacancy exists to fill the vacancy for the unexpired term.  If the vote on the nominee fails to carry by a majority vote of the city coun­cil, the mayor shall continue to submit names of qualified electors in nomination and the city council shall continue to vote upon said nominations until a qualified elector receives a majority vote of the city council, at which time said vacancy shall be declared filled for the remainder of the unexpired term.  The mayor shall vote on a nominee only in a case of a tie vote of the city council on the nominee.  All city council members present shall cast a ballot for or against the nominee.

 

(6)       The mayor and city council may, in lieu of filling a va­cancy as provided herein, call a special municipal election to fill a vacancy in the office of city councilman. 

 

Source:  Ord. No. 3402, § § 1, 2, 5-5-86

Editor's note--Ord. No. 3402, § § 1, 2, adopted May 5, 1986, did not specifically amend the Code; therefor, inclusion as § 2-26 was at the discretion of the editor.

 

ARTICLE III.  FINANCIAL AFFAIRS*

*Cross reference--Licenses, permits and business regulations, Ch. 13.

 

Sec. 2-31.  Operating accounts.

 

The treasurer shall deposit and at all times keep on deposit, for safekeeping, operating accounts in state or national banks, of approved and responsible standing, all money collected, received or held by said treasurer.  Such deposits shall be kept in interest-bearing accounts at the maximum allowable interest rate avail­able on such accounts.

 

Source:  Code 1962, § 1-15-2; Ord.  No. 3098, § 1, 10-18-82

State law reference--City depositories, R.R.S. 1943, 16-712 et seq.

 

Sec. 2-32.  Investment of surplus funds.

 

The treasurer shall keep all funds determined to be surplus invested in such investments as allowed by the laws of the State of Nebraska in state or national banks of approved and responsible standing or as authorized by law, for such lengths of time and at such rates of interest as the treasurer determines to be most advantageous to the city; provided, that nothing in this section shall authorize the treasurer to place funds in any state or national bank in excess of the limitations provided by the laws of the State of Nebraska. 

 

Source:  Code 1962, § 1-15-3; Ord. No. 3098, § 2, 10-18-82; Ord. No. 3333, § 1, 7-1-85

State law reference--City depositories, R.R.S. 1943, 16-712 et seq.

 

Sec. 2-33.   Sales and use tax use; property tax relief assurance committee, composition, duties; accelerated street improvement program; amendment.

 

(a)   All revenue collections from the imposition of the original one percent sales and use tax effective April 1, 1985 on affected transactions within the corporate limits of the City of  Norfolk and any interest accruing on the same, shall be used only for property tax relief purposes.

 

(b)   To ensure compliance with subsection (a) above, the mayor and city council shall appoint a five (5) member property tax relief assurance committee which shall review and audit the use of sales and use tax revenue collections and annually report its findings in a newspaper of general circulation in Madison Coun­ty, Nebraska.  The committee shall be appointed by the mayor with the approval of the city at large and one member of each from each of the city's four (4) city council wards.  At least one member of the committee shall be a certified public accountant (CPA).  The term of office of each committee person shall be three (3) years. 

 

Source:  Ord. No. 3240, § 1, 11-6-84; Ord. No. 4016, § 1, 5-10-94

 

Sec. 2-34.  Adoption of sales and use tax.

 

(a)   There is hereby adopted pursuant to the provisions of sec­tions 77-2701 to 77-27,135 N.R.S. 1943, known as the Nebraska Revenue Act of 1967, and sections 77-27,142 to 77-27,148 N.R.S. 1943, known as the Local Option Revenue Act of 1969, a sales and use tax effective on and after April 1, 1985, of one per cent upon the same transactions within the corporate limits of the City of Norfolk, Madison County, Nebraska, as the same may from time to time be extended, on which the State of Nebraska is authorized to impose a tax pursuant to the provisions of the aforementioned statutes of the State of Nebraska as the same may from time to time be amended.

 

(b)   The administration of the sales and use tax imposed by this section, the making of returns for the ascertainment and assess­ment, the provisions for tax claims and remedies, the laws gov­erning consummation of sales, penalties and collection, and for the disposition and distribution of the taxes so imposed and collected shall be as provided by sections 77-27,142 to 77-27,148 N.R.S. 1943, as amended, sections 77-2701 to 77-27,135 N.R.S. 1943, as amended, and Ordinance No. 3240 of the City of Norfolk, as enacted by the approval of the electors of the City of Norfolk, Nebraska, at the general election held on November 6, 1984.

 

(c)  That pursuant to the approval of the electors of the City of Norfolk, Nebraska, at the special election held on October 1, 2002, there is hereby adopted pursuant to the provisions of Sections 77-2701 to 77-27,135.01 and Section 77-27,222 of the Nebraska Revised Statutes, known as the Nebraska Revenue Act of 1967, and Sections 77-27,142 to 77-27,148, of the Nebraska Revised Statutes known as the Local Option Revenue Act of 1969, a Sales and Use Tax effective on and after January 1, 2003, of an additional one-half of one percent (0.5%) upon the same transactions within the corporate limits of the City of Norfolk, Madison County, Nebraska, as the same may from time to time be extended, on which the State of Nebraska is authorized to impose a tax pursuant to the provisions of the aforementioned statutes of the State of Nebraska as the same may from time to time be amended.

 

(d)  That the administration of the Sales and Use Tax imposed by this Ordinance, the making of returns for the ascertainment and assessment, the provisions for tax claims and remedies, the laws governing consummation of sales, penalties and collection, and for the disposition and distribution of the taxes so imposed and collected shall be as provided by the Local Option Revenue Act, as amended, and the Nebraska Revenue Act of 1967, as amended. 

 

Source:  Ord. No. 3270, § § 1, 2, 11-19-84; Ord. No. 4610, § § 1, 2, 10-7-02

Editor's note--Ord. No. 3270, §§ 1, 2, adopted November 19, 1984, did not specifically amend the Code; therefore codification as § 2-34 was at the discretion of the editor.  The sales and use tax was approved at a general election held November 6, 1984.  Ord.  No. 3240 as referred to in § 2-34(b) is set out herein as § 2-33.

 

Sec. 2-35.  Reserved.

 

Editor's note--Section 2 of Ord. No. 3641, adopted April 17, 1989, repealed Ord. No. 3318, adopted May 20, 1985, from which the provisions of former § 2-35, relative to the restricted capital outlay fund, derived.

 

Sec. 2-36.  General Fund; budgetary policy.

 

The mayor and city council hereby establish by ordinance a budgetary policy to provide sound fiscal management for the city by providing that the beginning general fund balance plus bud­geted revenues for each fiscal year shall exceed the budgeted expenditures for that fiscal year by not less than one million dollars ($1,000,000.00), unless otherwise established by the mayor and city council. 

 

Source:  Ord. No. 3577, § 1, 8-15-88

Editor's note--Ord. No. 3577, § 1, adopted Aug. 15, 1988, did not specifically amend the Code, hence inclusion herein as § 2-36 was at the discretion of the editor.

 

ARTICLE IV.  OFFICERS AND EMPLOYEES*

*Cross references--Employee classification, compensation, etc., ordinances saved from repeal, § 1-3(11); officers and employees relieved from liability for criminal penalty for failure to perform official acts, § 1-17; offenses against the person, § 14-16 et. seq., impersonating a public servant, § 14-92.

 

DIVISION 1. GENERALLY

Sec. 2-46.  Qualifications of officers.

 

All elected city officials shall be qualified electors of the city, entitled to vote at all elections. 

 

Source:  Ord. No. 2901, § 3, 8-4-80; Ord. No. 3058, § 1(3), 3-1-82

State law reference--Similar provisions, R.R.S. 1943, 16-311.

 

Sec. 2-47.  Reserved.

 

Editor's note--Section 1 or Ord. No. 4226, adopted Nov. 18, 1996 repealed § 2-47, response time of employees in case of emergency in its entirety.  Former § 2-47 derived from Ord. No. 3026, §§ 2-5, adopted Nov. 16, 1981; Ord. No. 3058, § 1(4), adopted Mar. 1, 1982; and Ord. No. 3183, § 1, adopted Jan. 3, 1984.

 

Sec. 2-48.  Separate office of city clerk and city treasurer created.

 

(a)   There is hereby established the separate office of city clerk.  In the absence of the city clerk, the secretary to the city clerk shall be the acting city clerk with the power to execute and affix the city seal to documents signed by the mayor and to certify documents in the city clerk's office as true and correct copies.

 

(b)   There is hereby established the separate office of city trea­surer. 

 

Source:  Code 1962, § 1‑9-2; Ord. No. 3099, § 1, 10-18-82; Ord. No. 3743, § 1, 9-4-90

State law references--Duties, bond record, annual report of city clerk, R.R.S. 1943, 16-317; bond, premium, duties, reports of city treasurer, R.R.S. 1943, 16-318.

 

Sec. 2-49.  City attorney.

 

There is hereby established the position of city attorney.  The city attorney shall render advisory opinions if a written request for such an opinion has been made by the council, or any member thereof desiring the same, setting out in ordinary clear and con­cise language, the question upon which the opinion is desired.  The clerk shall preserve for permanent record all such written requests for written opinions and all written opinions given. 

 

Source:  Code 1962, §§ 1-11-1, 1-11-2

State law references--Appointment of city attorney, R.R.S. 1943, 16-308, 16-309; functions of city attorney, R.R.S. 1943, 16-319.

 

Sec. 2-50.  City engineer.

 

There is hereby established the position of city engineer. 

 

Source:  Code 1962, § 1-18-1

State law references--Appointment of city engineer, R.R.S. 1943, 16-308; functions of engineer, R.R.S. 1943, 16-320 et seq.

 

Sec. 2-51.  Reserved

 

 

Source:  Ord. No. 3524, § § 1, 2, 1-4-88; Ord. No. 4624, § 1, 1-6-03; Ord. No. 5150, § 1, 1-18-11; Ord. No. 5421, § 1, 8-1-16

Editor's note--Ord. No. 3524, § § 1, 2, adopted Jan. 4, 1988, did not specifically amend the Code, hence inclusion herein as § 2-51 was at the discretion of the editor.

 

DIVISION 2. ADMINISTRATOR*

*State law reference--City administrator authorized, R.R.S. 1943, 16-308.

 

Sec. 2-61.  Created.

 

There is hereby created the office of city administrator. 

 

Source:  Ord. No. 2900, § 1, 8-4-80

 

Sec. 2-62.  Purpose.

 

The purpose of the office of city administrator is to provide for the centralization of the administrative responsibilities of all affairs of the city which are under the direction of the mayor and council. 

 

Source:  Ord. No. 2900, § 1, 8-4-80

 

Sec. 2-63.  Qualifications.

 

The city administrator shall be chosen solely on the basis of his or her executive and administrative qualifications with special reference to his or her actual experience, or knowledge of, accepted practice in respect to the duties of his or her office.

 

Source:  Ord. No. 2900, § 4, 8-4-80; Ord. No. 5175, § 1, 8-15-11

State law reference--Appointment of administrator, R.R.S. 1943, 16-308, 16-309.

 

Sec. 2-64.  Bond.

 

The city administrator shall have on file with the city clerk a bond in favor for the city for the faithful performance of his duties and responsibilities in the amount fixed by ordinance.  The premium for such bond shall be a city expense. 

 

Source:  Ord. No. 2900, § 8, 8-4-80

 

Sec. 2-65.  Acting administrator.

 

In the event the city administrator shall be absent from the city, the city administrator shall designate an acting city admin­istrator from the city's department and division heads to act in his or her place.  In the event the city administrator's position shall become vacant, the mayor with the approval of the city council shall appoint an acting city administrator until such time as a permanent city administrator shall be hired to fill the va­cancy.  In any event, pursuant to section 16-308 N.R.S. 1943, as amended, the office of city administrator may not be held by the mayor. 

 

Source:  Ord. No. 2900, § 3, 8-4-80; Ord. No. 3782, § 8, 2-19-91

 

Sec. 2-66.  Powers and duties.

 

The city administrator shall be the administrative head of the city government under the direction and control of the mayor and council and shall be responsible to the governing body for the efficient conduct of his office.  The city adminis­trator shall be responsible to see that all the ordinances of the city are faithfully executed.  In addition to the general author­ity as administrative head, and not as a limitation thereof, it shall be the duty of the city administrator:

 

(a)       To attend all meetings of the city council with the duty of reporting any matter concerning city affairs under his supervision and direction; and to attend such other meetings of departments and officials as his duties may require, or as may be directed by the mayor and council.

 

(b)       To make investigations into all of the 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 or expedient for the good government of the city.

 

(c)       To supervise and analyze the functions, duties and activities of the various departments, divisions and services of the city and of all employees thereof, and to make recommendations regarding the same to the mayor and council; and to faithfully carry out the directives and recommendations of the mayor and coun­cil in coordinating the administrative functions and operations of the various departments, divisions and services.

 

(d)       Reserved.

 

(e)       To keep the mayor and council fully advised as to the financial condition of the city and its needs, and he shall be responsible for the preparation of the annual estimates of revenues and expenditures of a 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 annual appropriations ordinance by the governing body.  With the adoption of the budget and the passage of the appropriations ordinance by the governing body, the city administrator shall be responsible for the supervision and control of the budget expenditures.

 

(f)        To prepare and submit to the mayor and council as of the end of the fiscal year, a complete report on the finances and administrative activities of the city for the preceding year.

 

(g)       To recommend to the mayor and council the appoint­ment and dismissal of all department or division heads over which he or she exercises direct supervision except for those positions requiring mayoral appointment pursuant to Nebraska Statute.  The administrator is responsible for the appointment and dismissal of all other division heads and all subordinate employees in the departments, divisions, and services over which he exercises jurisdiction ac­cording to the limitations and provisions of the city civil service laws.  He may also provide for the transfer of such employees within such departments, divisions and services to meet the varying workload of the various departments and divisions.

 

(h)       To serve as public relations officer of the city govern­ment; to endeavor to investigate and adjust all com­plaints made or filed against the city government or against any department, division, service, officer, or employee thereof; and to cooperate with all community organizations whose aim and purpose is to advance the best interests of the city and its citizens.

 

(i)        To perform such other duties and exercise such other powers as may be required by ordinance, or prescribed by resolution of the mayor and council.

 

The city administrator shall work within the policies set forth by the mayor and council.  The city administrator shall deal with the mayor and council as a body.  All official city affairs and all reports shall be provided to the mayor and council. 

 

Source:  Ord. No. 2900, § 2, 8-4-80; Ord. No. 3754, § 1, 11-5-90; Ord. No. 5080, § 2, 7-20-09

 

Sec. 2-67.  Inquiries or interference by mayor and council.

 

The mayor and council reserve the right to make inquiries of any personnel relative to municipal activities.  Except for purposes of inquiry, the city council shall deal with the administrative services of the city through the administrator and neither the council nor members thereof shall give orders directly to any subordinate of the city administrator. 

 

Source:  Ord. No. 2900, § 6, 8-4-80

 

Sec. 2-68.  Political activity prohibited.

 

The city administrator shall not participate in a local election that affects the offices of mayor, city councilman, or any other elective municipal position, except for the casting of an individual ballot. 

 

Source:  Ord. No. 2900, § 7, 8-4-80

 

DIVISION 3. CODE OF ETHICS*

*Editor's note--Ord. No. 3625, §§ 1, 2, adopted February 21,1989, repealed §§ 2-81 -- 2-93 in their entirety and enacted new provisions therefor.  Former §§ 2-­81 -- 2-93 was concerned with similar provisions, and derived from Ord.  No. 3529, § 2, adopted February 16, 1988.

 

Sec. 2-81.  Declaration of policy.

 

It is the policy of the city that the proper operation of demo­cratic government requires that public officials and employees be independent, impartial and responsible to the people; that gov­ernmental decisions and policy be made in proper channels of the governmental structure; that public office not be used for per­sonal gain; and that the public have confidence in the integrity of its government.  In recognition of these goals, a code of ethics for all city officials and employees is adopted.

 

This code has four (4) purposes: (1) to encourage high ethical standards in official conduct by city officials and employees; (2) to establish guidelines for ethical standards of conduct for all such officials and employees by setting forth those acts or actions that are incompatible with the best interests of the city; (3) to require disclosure by such officials and employees of private financial or other interests in matters affecting the city; and (4) to serve as a basis for disciplining those who fail to abide by its terms.

 

The provisions of this chapter shall not apply to political con­tributions, loans, expenditures, reports or regulation of political campaigns or the conduct of candidates in such campaigns.

 

The city council may adopt, amend, and rescind rules of proce­dure to carry out the provisions of this chapter.  Such rules shall be consistent with this chapter and other applicable law. 

 

Source:  Ord. No. 3625, § 2, 2-21-89

 

Sec. 2-82.  Definitions.

 

When used in this chapter, the following terms shall have the following meanings:

 

Affected in the case of a person, entity or property means rea­sonably likely to be subject to a direct economic effect or conse­quence, either positive or negative, as a result of the vote or decision in question.  For instance, a person or entity owning real property, entering into a contract with the city, or seeking a permit or franchise is "affected" by votes or decisions such as zoning of the property, approval of the contract, or granting of the permit.  "Affected" does not include those persons or entities who are subject to an indirect or secondary effect from official action.  Cred­itors, independent contractors, or guarantors of a person "affected" by a vote or decision are not also deemed to be "affected" by virtue of their relationship with the affected person.  The vote or decision need not be the only producing cause of the economic effect or consequence reasonably likely to result.  In determining whether a person, entity or property is or was "affected by" a vote or decision, it shall not be necessary to prove the actual existence or occurrence of an economic effect or consequence if such effect or consequence would be reasonably expected to exist or occur.  Ad­ditionally, a vote or decision to place a matter on a ballot is deemed to affect a person, entity or property to the same extent that the results of the election would effect the person, entity or property.

 

Business means any corporation, partnership, sole proprietor­ship, firm, enterprise, franchise, association, organization, self-employed individual, holding company, joint stock company, re­ceivership, trust, activity or entity.

 

Business interest or business with which the individual is associated means a business: (1) in which the individual is a partner, director, officer; or (2) in which the individual or a member of the individual's immediate family is a stockholder of closed corpora­tion stock worth one thousand dollars ($1,000) or more at fair market value or which represents more than a five (5) per cent equity interest, or is a stockholder of publicly traded stock worth ten thousand dollars ($10,000) or more at fair market value or which represents more than ten (10) per cent equity interest.  This definition does not include an individual retained or otherwise employed by a client when the employment creates a confidential professional relationship protected by law, unless that individual is a regularly salaried employee for whom the business withholds income tax or pays social security.  A partnership or professional corporation whose officers, directors or employees occupy a confi­dential professional relationship protected by law is also not in­cluded.  This definition shall not apply to publicly traded stock under a trading account if the official reports the name and ad­dress of the stockbroker.

 

City employee or employee means any person employed by the City of Norfolk, but does not include independent contractors hired by the city.

 

City official or official, unless otherwise expressly defined, means the mayor, members of the city council, city administrator, all division and department heads, whether such person is salaried, hired or elected, and all other persons holding appointed positions desig­nated by the City Code, as it may be amended from time to time.  City official also includes individuals appointed by the mayor and city council to all city commissions, committees, boards, task forces, or other city bodies unless specifically exempted from this chapter by the city council.

 

Decision means any ordinance, resolution, contract, franchise, formal action or other matter voted on by the city council or other city board or commission, as well as the discussions or delibera­tions of the council, board or commission which can or may lead to a vote or formal action by that body.  A "decision" of a city employee means any action in which the employee exercises dis­cretionary authority, including but not limited to the issuance of permits, imposition or collection of fines or fees, authorizations for expenditures, and other non-ministerial acts.

 

Discretionary authority means the power to exercise any judg­ment in a decision or action.

 

Entity means a sole proprietorship, partnership, limited part­nership, firm, corporation, professional corporation, holding com­pany, joint stock company, receivership, trust or any other entity recognized by law through which business may be conducted.

 

Interest in real property means an interest in real property in­volving either an equitable or legal ownership interest regardless of value.

 

Ministerial act means an act performed in a prescribed manner and not requiring the exercise of any judgment or discretion.

 

Other interests.  If a city official or employee with regard to a partnership, professional corporation or other entity's interest in a client, has personally acted within the preceding six (6) months in a professional or fiduciary capacity for the client.

 

Source:  Ord.  No. 3625, § 2, 2-21-89; Ord. No. 5080, § 3, 7-20-09

 

Sec. 2-83.  Standards of conduct.

 

(a)   No city official or employee shall transact any business in his official capacity with any entity in which he has a business interest.

 

(b)   No city official or employee shall formally appear before the body of which the official or employee is a member while acting as an advocate for himself or any other person, group, or entity.

 

(c)   No elected city official or employee shall represent, for com­pensation, any other private person, group or entity before any department, commission, board or committee of the city.

 

(d)   No city official or employee shall represent, directly or in­directly, any other private person, group or entity in any action or proceeding directly against the interests of the city, or in any litigation in which the city or any department, commission, or board or committee thereof is a named party; provided, however, nothing herein shall limit an official from representing a court appointed criminal defendant or representing a party to a civil action where the city is named a party by way of its holding a lien interest for a special assessment where the validity of the special assessment is not an issue; and provided further, that nothing herein shall limit the authority of the city attorney and his staff to represent the city, its boards, commissions, committees and officers in the discharge of their duties.

 

(e)   No city official or employee shall represent, directly or in­directly, any private person, group or entity in any action or proceeding in court which was instituted by a city official or em­ployee in the course of official duties, except as provided in sub­section (d) above.

 

(f)    No city official shall represent any private person, group or entity in any action or proceeding in court which was instituted by or arising from a decision of a board, commission, committee, task force or other body on which the official serves.

 

(g)   No city official or employee shall accept or solicit any gift or favor, that might reasonably tend to influence that individual in the discharge of official duties or that the official or employee knows or should know has been offered with the intent to influ­ence or reward official conduct.

 

(h)

(1)       No city official or employee shall solicit or accept other employment to be performed or compensation to be received while still a city official or employee, if the employment or compensation could reasonably be expected to impair independence in judgment or perfor­mance of city duties.

 

(2)       If a city official or employee accepts or is soliciting a promise of future employment from any person or en­tity who has a substantial interest in a person, entity or property which would be affected by any decision upon which the official or employee might reasonably be expected to act, investigate, advise, or make a rec­ommendation, the official or employee shall disclose that fact to the council, board or commission on which he serves or to his supervisor and shall take no further action on matters regarding the potential future em­ployer.

 

(i)    No city official or employee shall use his official position to secure a special privilege or exemption for himself or others, or to secure confidential information for any purpose other than offi­cial responsibilities.

 

(j)    No city official or employee shall use city facilities, per­sonnel, equipment or supplies for private purposes, except to the extent such are lawfully available to the public.

 

(k)   City officials and employees shall not exceed their au­thority or breach the law or ask others to do so and they should work in full cooperation with other public officials and employees unless prohibited from so doing by law or officially recognized confidentiality of their work.

 

(l)    No city official or employee in the course of his official duties shall grant any special consideration, treatment, or advantage to any citizen beyond that which is available to every other citizen in the same circumstances.

 

(m)  Preferential consideration of the request or petition of any individual citizen or group of citizens shall not be given.  No person shall receive special advantages beyond that which are available to any other citizen. 

 

Source:  Ord. No. 3625, § 2, 2-21-89

 

Sec. 2-84.  Prohibition on conflict of interest.

 

A city official or employee may not participate in a vote or decision on a matter affecting a person, entity, or property in which the business which the official or employee is associated is involved.  Where the interest of a city official or employee in the subject matter of a vote or decision is remote or incidental, the city official or employee may participate in the vote or decision and need not disclose the interest.

 

Remote interest means an interest of a person or entity, in­cluding a city official or employee, who would be affected in the same way as the general public.  The interest of a council-member in the property tax rate, general city fees, city utility charges, or a comprehensive zoning ordinance or similar decisions is inci­dental to the extent that the council member would be affected in common with the general public.

 

Incidental interest means an interest in a person, entity or prop­erty which has insignificant value, or which would be affected only in a de minimis fashion by a decision.  This chapter does not establish dollar limits on the terms "insignificant value" and "de minimis," which shall have their usual meanings and be subject to interpretation on a case by case basis. 

 

Source:  Ord. No. 3625, § 2, 2-21-89

 

Sec. 2-85.  Conflict of interest; disclosure.

 

(a)   A city official shall disclose the existence of any business with which the official is associated involving a person, entity or property which would be affected by a vote or decision of the body of which the city official is a member or that he serves as a corporate officer or member of the board of directors of a non­profit entity for which a vote or decision regarding funding by or through the city is being considered.  City officials and employees of the city shall comply with applicable provisions of state law relative to conflicts of interest and generally regulating the con­duct of public officials or employees.

 

(b)   To comply with this section, any council member who has a conflict of interest, as set forth in subparagraph (a) above, in any matter before the city council, shall disclose such fact on the records of the city council and refrain from participating in any discussion or voting thereon, provided that such exceptions shall be observed as is permitted by law.  This provision shall apply if a council member has disqualified himself or herself from voting.

 

(c)   To comply with this section, any member of any official board, commission or committee who has a conflict of interest as defined herein, in any matter before the board, commission or committee, of which he is a member, shall disclose such fact on the records of such board, commission or committee and refrain from participating in any discussion or voting thereon, provided that such exceptions shall be observed as are permitted by law.

 

(d)   To comply with this section, a city employee shall notify in writing his supervisor of any substantial interest he may have in a person, entity or property which would be affected by an exer­cise of discretionary authority by the city employee and a super­visor shall reassign the matter.  In addition, any employee, who has a financial or other special interest in a matter before the city council or any board, commission, or committee, and who partic­ipates in discussion with or gives an official opinion to the council or to such board, commission or committee relating to such matter, shall disclose on the records of the council or such board, commis­sion or committee, as the case may be, the nature and extent of such interest. 

 

Source:  Ord. No. 3625, § 2, 2-21-89

 

Sec. 2-86.  Interest of spouse.

 

(a)   A spouse of a city official or employee involved in a business with which he or she is associated shall be deemed to apply to that official or employee for the purposes of sections 2-84 and 2-85 concerning disclosure.

 

(b)   A city official or a city employee may not participate in a vote or decision affecting a business with which an individual is associated if that individual is related in the first or second de­gree of consanguinity or affinity.  For the purposes of this section, "business with which the individual is associated" shall be de­fined in section 2-82. 

 

Source:  Ord. No. 3625, § 2, 2-21-89

 

Sec. 2-87.  Misuse of official information.

 

(a)   No city official or employee shall wilfully and knowingly use confidential information for pecuniary gain to any other person confidential information acquired by him in the course of and by reason of his official duties, nor shall any public official or em­ployee use any such information for the purpose of pecuniary gain.

 

(b)   No former city official or former employee shall use any confidential information to which he had access by virtue of his official capacity and which has not been made public concerning the property, operations, policies, or affairs of the city. 

 

Source:  Ord. No. 3625, § 2, 2-21-89

 

Sec. 2-88.  Financial disclosure.

 

All city officials shall file with the city clerk by the last Friday in March of each year, a public statement of financial information which shall cover the previous year which is defined as January 1 through December 31, as follows:

 

(1)       Any business or business interest as defined by section 2-82 in which the official is associated, as well as the names and addresses of the clients or customers from whom the official received at least ten (10) per cent of his, her or its gross income during the reporting period.

 

(2)       Any bonds issued by the City of Norfolk having a value exceeding five thousand dollars ($5,000.00). Said disclosure shall not require the amount of bonds so held by the official, only that said official holds bonds issued by the City of Norfolk in excess of five thousand dollars ($5,000.00).

 

(3)       All boards of directors of which the official is a member and the offices or executive positions which the official holds in corporations, partnerships, limited partnerships, profes­sional corporations or other entities, including non-busi­ness entities, stating for each the name of the entity and the position held.  There shall be excluded from this item positions on corporations or other entities owned by the City of Norfolk or created by the city council. 

 

Source:  Ord. No. 3625, § 2, 2-21-89

 

Sec. 2-89.  Financial disclosure by candidates.

 

(a)   Nonincumbent candidates for election to city offices shall file a public statement of financial information as provided by section 2-88 with the city clerk within five (5) days after filing for their respective offices for the year prior to the date of filing.  Incumbent candidates for election to city offices shall file a public statement of financial information with the city clerk within five (5) days after filing for their respective offices for the year prior to the date of filing; provided that if such financial statement for the appropriate reporting period has already been filed pursuant to section 2-88, such incumbent candidate shall not be required to refile an identical statement.

 

(b)   Incumbent and nonincumbent candidates for election to city offices shall file the same information as is required by city offi­cials under this chapter. 

 

Source:  Ord. No. 3625, § 2, 2-21-89

 

Sec. 2-90.  Penalties.

 

Any violation of the provisions of sections 2-81 through 2-89 shall be subject to the general penalty section of this Code, which is found at section 1-10. 

 

Source:  Ord. No. 3625, § 2, 2-21-89

 

Sec. 2-91.  Disposition of alleged violations; hearings.

 

In addition to the penalty set forth in section 2-91 for a viola­tion of this chapter, complaints and alleged violations of this chapter shall be handled as follows:

 

(1)       In the case of city employees, disciplinary action shall be maintained as provided in the city's personnel rules as the same may from time to time be amended.

 

(2)       In the case of city officials, upon the complaint of any person filed with the city clerk's office or on its own initiative, the city council shall consider possible violations of this chapter.

 

(a)       A complaint alleging a violation of this chapter must be filed with the city clerk within one year from the commission of the action alleged as a violation, and not afterward.

 

(b)       Not later than five (5) working days after the city clerk receives a complaint, the city clerk shall acknowledge the receipt of the complaint to the complainant, and provide a copy of the complaint to the city adminis­trator, the city attorney, and the city council and the person complained against.  Not later than ten (10) working days after receipt of a complaint, the city council shall notify in writing the person who made the complaint and the person complained against of a date for a preliminary hearing.

 

(c)       The city council may consider possible violations of this chapter on its own initiative.  Within five (5) working days of the city council's decision to consider a possible violation of this chapter, the city council shall draft a written complaint specifying the sec­tion(s) of this chapter alleged to have been violated and shall file a copy with the city clerk, and provide a copy to the city administrator, the city attorney and the person complained against.  Not later than ten (10) working days after the filing of the complaint with the city clerk, the city council shall notify in writing the person complained against of the date for the prelim­inary hearing.

 

(d)       The hearing before the city council may be either in public or in private.  All hearings shall be in public, unless the person complained against shall notify the city clerk in writing of his or her desire to have a private hearing at least seventy-two (72) hours prior to the time set for said hearing.

 

(3)       Preliminary hearing.

 

(a)       The issue at a preliminary hearing shall be the exist­ence of reasonable grounds to believe that a violation of this chapter has occurred.  The person filing a com­plaint, or the legal counsel for the city council in cases considered upon the city council's own initiative, shall state the alleged violation and shall describe in nar­rative form the testimony and other evidence which would be presented to prove the alleged violation as stated in the written complaint.  Statements at a pre­liminary hearing shall be under oath, but there shall be no cross-examination or requests for persons or ev­idence issued for the hearing.  Members of the city council may question the complainant, legal counsel for the city council, or the city official named in the complaint.

 

(b)       The city official named in the complaint shall have the opportunity to respond, but is not required to attend or make any statement.  The official may describe in nar­rative form the testimony and other evidence which would be presented to disprove the alleged violation.  If the official agrees that a violation has occurred, he may so state and the city council may consider the appropriate sanction or prosecution.

 

(c)       The complainant and the city official named in the complaint shall have the right of representation by counsel.

 

(d)       At the conclusion of the preliminary hearing, the city council shall decide whether a final hearing should be held.  If the city council determines that there are rea­sonable grounds to believe that a violation of this chapter has occurred, it shall schedule a final hearing.

If the city council does not determine that there are reasonable grounds to believe that a violation of this chapter has occurred, the complaint shall be automat­ically dismissed.  A decision to conduct a final hearing is not a finding that a violation has occurred.

 

(e)       The city council, at any time during the preliminary hearing, may also dismiss a complaint if the complaint does not allege conduct which would be a violation of this chapter.  Before a complaint is dismissed for failure to allege a violation, the complainant or the legal counsel for the city council shall be permitted one op­portunity, within a period to be specified by the city council, to revise and resubmit the complaint.

 

(f)        The complainant, legal counsel for the city council, and the city official named in the complaint may ask the city council at a preliminary hearing to request certain persons and evidence for a final hearing, if one is scheduled pursuant to the city council's subpoena power granted under Section 16-406, N.R.S. 1943, as amended.

 

(4)       Final hearing.

 

(a)       The final hearing shall be held as expeditiously as possible following the determination by the city council that there are reasonable grounds to believe that a violation of this chapter has occurred, but in no event shall it be held more than thirty (30) days after said determination.  The city council may grant one post­ponement, not to exceed fifteen (15) days each, upon the request of the city official named in the complaint or the complainant.

 

(b)       The issue at a final hearing shall be whether a viola­tion of this chapter has occurred.  The city council shall make its determination based on the preponderance of the credible evidence in the record.  All witnesses shall make their statements under oath.  If the city council determines that a violation has occurred, it shall state its findings in writing, shall identify the particular section(s) of this chapter which have been violated, and within five (5) working days shall deliver a copy of the findings to the complainant, if any, the person named in the complaint and the city clerk.  Said findings shall constitute a public record for the purpose of access by the public. 

 

Source:  Ord. No. 3625, § 2, 2-21-89

 

Sec. 2-92.  Oaths and requests for information.

 

If a complaint proceeds to a final hearing, the city council may subpoena witnesses to attend and testify, administer oaths and affirmations, take evidence and request the production of books, papers, records, or other evidence needed for the performance of the city council's duties or exercise of its powers, including its duties and powers of investigation.  All hearings of the city council under this chapter shall be recorded by means of a mechanical recording device or by a certified court reporter. 

 

Source:  Ord. No. 3625, § 2, 2-21-89

 

Sec. 2-93.  Sanctions.

 

(a)   If the city council determines that a violation of this chapter has occurred, it shall proceed directly to determination of the appropriate sanction(s).  The city council may receive additional testimony or statements before considering sanctions, but is not required to do so.  If the city official named in the complaint acted in reliance upon a public written opinion of the city attorney, the city council shall consider that fact.

 

(b)   If the city council determines that a violation has occurred, it may impose the following sanctions:

 

(1)       A letter of notification shall be the appropriate sanction when the violation is clearly unintentional, or when the official's conduct complained of was made in reliance on a public written opinion of the city attorney.  A letter of no­tification shall advise the official or employee to whom it is directed of any steps to be taken to avoid future violations.  The city council may direct a letter of notification to any official or employee covered by this chapter.

 

(2)       A letter of admonition shall be the appropriate sanction in those cases in which the city council finds that the viola­tion is minor and/or may have been unintentional, but calls for a more substantial response than a letter of notifica­tion.  The city council may admonish any official covered by this chapter.

 

(3)       A reprimand shall be the appropriate sanction when the city council finds that a violation has been committed in­tentionally or through disregard of this chapter.  The city council may reprimand any official covered by this chapter.

 

(4)       A letter of censure shall be the appropriate sanction when the city council finds that a serious or repeated violation(s) of this chapter has been committed intentionally or through culpable disregard of this chapter by an elected city offi­cial.  A letter of censure directed to an elected city official shall be transmitted to the city clerk, and published in a newspaper of general circulation within the city. 

 

Source:  Ord. No. 3625, § 2, 2-21-89

 

Sec. 2-94.  Officer defined.

 

For the purposes of sections 2-94 through 2-100 of this division, "officer" shall mean 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 any elected city official.  For the purpose of sections 2-94 through 2-100, vol­unteer firefighters and ambulance drivers shall not be considered officers with respect to their duties as firefighters and ambulance drivers. 

 

Source:  Ord. No. 3152, § 1, 9-7-83; Ord. No. 3220, § 1, 5-21-84; Ord. No. 3626, § 1, 2-21-89

 

Sec. 2-95.  Officers' interest in contracts -- Prohibited.

 

Except as provided by Sections 49-1499.01 and 70-624.04, N.R.S., 1943, no officer may have an interest in any contract to which the city or anyone for its benefit, is a party.  The existence of such an interest in any contract renders the contract voidable by decree of a court of proper jurisdiction as to any person who entered into the contract or took assignment thereof with actual knowledge of the prohibited conflict.  An action to have a contract declared void under this section may be brought by the city or any resident thereof, and must 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 the city has benefited thereby.  This prohibition shall apply only when the officer or his or her parent, spouse or child has a business association as defined by Section 49-1408, N.R.S., 1943, as amended or will receive a direct pecuniary fee or commission as a result of the contract. 

 

Source:  Ord. No. 3152, § 2, 9-7-83; Ord. No. 3220, § 2, 5-21-84; Ord. No. 3626, § 2, 2-21-89

 

Sec. 2-96.  Same -- Exceptions.

 

The provisions of section 2-95 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 governmental body declaring an interest in the contract would prevent the governmental body, with all members present, from securing a quorum on the issue, then all members may vote on the matter;

 

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

 

An officer who has no business association as defined in Section 49-1408, N.R.S., 1943, as amended with the business involved in the contract or will not receive a pecuniary fee, as prescribed in section 2-95, shall not be deemed to have an interest within the meaning of this chapter. 

 

Source:  Ord. No. 3152, § 3, 9-7-83; Ord. No. 3220, § 3, 5-21-84; Ord. No. 3626, § 3, 2-21-89

 

Sec. 2-97.  Certain transactions not considered contracts.

 

The receiving of deposits, cashing of checks, and buying and selling of warrants and bonds of indebtedness of the city by a financial institution shall not be considered a contract under sec­tions 2-94 through 2-100 of this division.  The ownership of less than five (5) per cent of the outstanding shares of a corporation shall not constitute an interest within the meaning of this sec­tion. 

 

Source:  Ord. No. 3152, § 4, 9-7-83; Ord. No. 3220, § 4, 5-21-84; Ord. No. 3626, § 4, 2-21-89

 

Sec. 2-98.   Permitted contracts with officers not exempt from competitive bidding, etc., requirements.

 

(1)   Notwithstanding the provisions of sections 2-94 through 2-100, if an officer's parent, spouse, or child is an employee of the city, 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.

 

(2)   If an officer or employee has the power to employ personnel and he or she hires his or her parent, spouse, or child, or recom­mends or supervises the same, such officer or employee shall dis­close the hiring pursuant to section 14-1449.01 N.R.S. 1943, as amended; except, that if the parent, spouse, or child is already employed in the position at the time the officer takes office or the employee with the power to employ becomes employed, no disclo­sure need be made. 

 

Source:  Ord. No. 3152, § 5, 9-7-83; Ord.  No. 3220, § 5, 5-21-84; Ord. No. 3626, § 5, 2-21-89; Ord. No. 3782, § 9, 2-19-91

 

Sec. 2-98.1. Competitive bidding.

 

Notwithstanding any other provision of this section, any con­tract entered into with an interested officer of the city shall be subject to applicable competitive bidding requirements and shall be fair and reasonable to the city.

 

Source:  Ord. No. 3220, § 6, 6-21-84; Ord. No. 3626, § 6, 2-21-89

 

Sec. 2-99.  Contract ledger to be maintained by city clerk.

 

The city clerk shall maintain, separately from other records, a ledger containing the information listed in subsections (1) to (5) of this section about every contract entered into by the city in which an officer or employee of the city has an interest and for which disclosure is required under sections 14‑1499.01 or 49-14, 103.01, N.R.S. 1943, as amended, and as provided in section 2-95 of this Code and for which disclosure is made as provided in section 2-96 of this Code.  Such information shall be kept in the ledger for five (5) years from the date of the officer or employee's last day in office or on the job, and shall include the following:

 

(1)       Names of the contracting parties;

 

(2)       Nature of the interest of the officer or employee in ques­tion;

 

(3)       Date that the contract was approved by the city;

 

(4)       Amount of the contract; and

 

(5)       Basic terms of the contract.

 

The information supplied related to the contract shall be pro­vided to the clerk no later than ten (10) days after the contract has been signed by both parties.  The ledger kept by the city clerk shall be available for public inspection during normal working hours. 

 

Source:  Ord. No. 3152, § 6, 9-7-83; Ord. No. 3320, § 7, 5-21-84; Ord. No. 3626, § 7, 2-21-89; Ord. No. 3782, § 10, 2-19-91

 

Sec. 2-100.  Open account deemed a contract.

 

An open account established for the benefit of the city or entity thereof, with a business in which an officer has an interest, shall be deemed a contract subject to the provisions of Sections 49­14,103.01 to 49-14,103.06, N.R.S., 1943, as amended and, sections 2-94 through 2-100.  The statement required to be filed pursuant to section 2-99 shall be filed within ten (10) days after such ac­count is opened.  Thereafter, the city 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 Sections 49-14,103.01 to 49-14,103.06, N.R.S., 1943, as amended, and sections 2-94 through 2-100.  (Ord. No. 3152, § 7, 9-7-83; Ord. No. 3220, § 8, 5-21-84; Ord. No. 3626, § 8, 2-21-89)

 

ARTICLE V.  PURCHASING*

*Editor's note--Ord. No. 3078, §§ 1-17, enacted July 6, 1982, did not expressly amend this Code; therefore, inclusion as Art.  V, §§ 2-101 -- 2-117 was at the editor's discretion.

 

Sec. 2-101.  Title.

 

This article shall be known and may be cited as the "Purchasing Ordinance of the City of Norfolk."  (Ord. No. 3078, § 1, 7-6-82)

 

Sec. 2-102.  Definitions.

 

For the purposes of this article, the following terms, phrases, words and their derivations shall have the meaning given herein.  When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number.  The word “shall” is always mandatory and not merely directory.

 

Bid shall mean and include all bids and proposals.

 

City is the City of Norfolk, Nebraska.

 

City risk manager is the risk manager of the City of Norfolk.

 

Contractual services shall mean and include all telephone, gas, water, electric light and power service, towel and cleaning service, insurance, lessee for all grounds, building, office or other space required by the using agencies; and the rental, repair or maintenance of equipment, machinery, and other city-owned property.  The term shall not include professional and other contractual services which are in their nature unique and not subject to competition.

 

Supplies shall mean and include all supplies, materials, and equipment.

 

Using agency is any department, agency, commission, bureau, or other unit in the city government using supplies or procuring contractual services as provided for in this article. 

 

(Ord. No. 3078, § 2, 7-6-82; Ord. No. 4330, § 1, 3-16-98; Ord. No. 5080, § 4, 7-20-09; Ord. No. 5334, § 1, 2-2-15)

 

Sec. 2-103. Office of risk manager.

 

The risk manager shall be appointed by the city adminis­trator and under the direction and control of the city administrator, and shall be responsible to the city administrator for the efficient conduct of his or her office.  (Ord. No. 3078, § 3, 7-6-82; Ord. No. 3754, § 2, 11-5-90; Ord. No. 5080, § 4, 7-20-09; Ord. No. 5334, § 1, 2-2-15)

 

Sec. 2-104.  Responsibilities and duties of risk manager.

 

The risk manager shall have the responsibility:

 

(1)       To purchase or contract for all supplies and contractual services needed by any using agency which derives its support wholly or in part from the city, in accordance with procedures as prescribed by city ordinance and such rules and regulations as the risk manager shall adopt for the internal management and operation of the purchasing functions;

 

(2)       To procure for the city the highest quality in supplies and contractual services at the least expense to the city; to discourage uniform bidding and endeavor to obtain as full and open competition as possible on all purchases and sales; and to establish and amend, when necessary, all rules and regulations authorized by city ordinance and any others necessary to its operations;

 

(3)       To explore the possibilities of purchasing "in bulk," so as to take full advantage of discounts; to procure for the city all tax exemptions to which it is entitled; and to cooperate with the city administrator or his or her duly authorized representative, so as to secure for the city the maximum effi­ciency in budgeting and accounting;

 

(4)       To prescribe and maintain such forms as shall be reason­ably necessary to the operation of purchasing; to prepare and adopt standard purchasing terms for city departments, divisions, agencies and suppliers; and to prepare, adopt and maintain a vendor's catalog file according to materials;

 

(5)       To classify all supplies used by the various departments, divisions and agencies of the city, to adopt as standards the minimum number of quantities, sizes and varieties of supplies consistent with the successful operation of the municipal government; to prepare or cause to be prepared written specifications of all such standard supplies;

 

(6)       To have the authority to declare vendors who default on their quotation irresponsible vendors and to disqualify them from receiving any business from the municipality for a stated period of time;

 

(7)       To keep informed on current developments in the field of purchasing, prices, market conditions and new products, and secure for the city the benefits of research done in the field of purchasing by other governmental jurisdictions having national recognition and by private businesses and organizations;

 

(8)       To perform any related duties assigned by the city administrator. 

 

(Ord. No. 3078, § 4, 7-6-82; Ord. No. 5080, § 4, 7-20-09; Ord. No. 5334, § 1, 2-2-15)

 

Sec. 2-105.  Requisitions and estimates.

 

(a)   All using agencies, departments or divisions, either by or with the authorization of the agency, department or division head under which they operate, shall file with the risk manager detailed requisitions or estimates of their requirements in supplies, materials and contractual services, in such manner, at such times, and for such future periods as the risk manager shall prescribe.

 

(b)   A using agency, department or division shall not be pre­vented from filing in the same manner with the risk manager, at any time, a requisition or estimate for any supplies and con­tractual services, the need for which was not foreseen when the detailed estimates were filed.

 

(c)   The risk manager shall examine such requisition or estimate and shall have the authority to revise it as to estimated cost; but revisions as to quality and quantity shall be directly approved by the city administrator.

 

(d)   Purchases under seventy-five dollars ($75.00), not involving supply needs that can be ordered in bulk, may be accomplished through the use of a minor supply requisition. 

 

(Ord. No. 3078, § 5, 7-6-82; Ord. No. 5080, § 4, 7-20-09; Ord. No. 5262, § 1, 8-19-13; Ord. No. 5334, § 1, 2-2-15)

 

Sec. 2-106.  Encumbrance of funds.

 

Except in cases of emergency, the risk manager shall not issue any order for delivery on a contract or open market pur­chase until it has been certified, after pre-audit, that there is sufficient unencumbered appropriation balance to the credit of the using agency or department, in excess of all unpaid obliga­tions, to defray the amount of such orders.  (Ord. No. 3078, § 6, 7-6-82; Ord. No. 5080, § 4, 7-20-09; Ord. No. 5334, § 1, 2-2-15 )

 

Sec. 2-107.  Prohibition of interest; adoption of state law.

 

Any purchase order or contract within the purview of this article in which the risk manager is financially interested, directly or indirectly, shall be void, except that before the execu­tion of a purchase order or contract, the city council shall have the authority to waive compliance with this section when it finds such action to be in the best interest of the city.

 

Section 16-502 of the Revised Statutes of Nebraska is hereby incorporated into this article.  (Ord. No. 3078, § 7, 7-6-82; Ord. No. 5080, § 4, 7-20-09; Ord. No. 5294, § 1, 6-2-14; Ord. No. 5334, § 1, 2-2-15)

 

Sec. 2-108.  Gifts and rebates.

 

The risk manager is expressly prohibited from accepting, di­rectly or indirectly, from any person, company, firm or corpora­tion to which any purchase order or contract is or might be awarded, any rebate, gift, money, or anything of value whatsoev­er, except where given for the use and benefit of the city.  (Ord. No. 3078, § 8, 7-6-82; Ord. No. 5080, § 4, 7-20-09; Ord. No. 5334, § 1, 2-2-15)

 

Sec. 2-109.  Reserved.

 

Editor's note--Section 2 of Ord. No. 4330, deleted § 2-109 which has pertained to competition bidding and derived from Ord. No. 3078, adopted July 6, 1982.

 

Sec. 2-110.  Formal contract procedure.

 

(a)  When the estimated cost of supplies, equipment or contractual services exceeds thirty thousand dollars ($30,000.00), no formal contract for purchase or sale shall be authorized without prior approval of the city council.  All supplies, equipment, and contractual services in this cate­gory shall be purchased or sold by formal written contract, from the lowest responsible and responsive bidder, after due notice inviting bids.

 

(b)  Notice inviting bids shall be published once in at least one official newspaper in the city and at least seven (7) days preceding the last day set for the receipt of bids.  The notice shall include a general description of the articles to be purchased or sold, and shall state where bid blanks and specifications may be secured, and the date, time and place for opening bids.

 

(1)       The risk manager shall also endeavor to distribute bid documents to responsible prospective suppliers of whom the risk manager may be aware.

 

(2)       The risk manager shall also advertise all pending pur­chases or sales by a notice posted on the public bulletin board in the city administrative offices.

 

(c)  When deemed necessary by the risk manager, bid deposits shall be prescribed in the public notice inviting bids.  Un­successful bidders shall be entitled to a return of surety required by the risk manager.  Successful bidder shall forfeit his or her bid deposit upon failure on his or her part to enter a contract within ten (10) days after the award.

 

(d)  Bids shall be submitted sealed to the risk manager and shall be identified as bids on the envelope.  Bids shall be opened in public on the date and at the time and place stated in the public notices.  A tabulation of all bids received shall be available for public inspection.

 

(1)       The city council shall have the authority to reject all bids, parts of all bids, or all bids for any one or more supplies or contractual services included in the proposed contract, when the public interest will be served thereby.

 

(2)       The risk manager shall not accept the bid of a contrac­tor who is in default on the payment of taxes, licenses, or other monies due the city.

 

(e)  Contracts shall be awarded to the lowest responsible and responsive bid­der.  In determining "lowest responsible bidder," in addition to price, the risk manager shall consider:

 

(1)       The ability, capacity, and skill of the bidder to perform the contract required;

 

(2)       The character, integrity, reputation, judgment, experience and efficiency of the bidder;

 

(3)       Whether the bidder can perform the contract within the time specified;

 

(4)       The quality of performance of previous contracts;

 

(5)       The previous and existing compliance by the bidder with laws and ordinances relating to the contract;

 

(6)       The life-cost of the personal property in relation to the purchase price and specific use of the item;

 

(7)       The performance of the personal property, taking into consideration any commonly accepted tests and standards of product usability and user requirements;

 

(8)       Energy efficiency ratio as stated by the bidder for alternative choices of appliances or equipment;

 

(9)       The information furnished by each bidder when deemed applicable by the risk manager, concerning life-cycle costs between alternatives for all classes of equipment, evidence of expected life, repair and maintenance costs, and energy consumption on a per-year basis;

 

(10)      Such other information as may be secured having a bearing on the decision to award the contract.

 

A “responsive bidder” shall be defined as a person or company who has submitted a bid which conforms in all material respects to the “Invitation for Bids”.

 

(f)  When the award is not given to the lowest bidder, a full and complete statement of the reasons for placing the order elsewhere shall be prepared by the risk manager and filed with other papers relating to the transaction.

 

(g)  No contract in excess of thirty thousand dollars ($30,000.00) for enlargement or general improvements, such as water extensions, sewers, public heating system, bridges, works on streets, or any other work or improvement when the cost of such enlargement or improvement is assessed to the property shall be awarded by the city council until an estimate of the cost shall be made by the city engineer and submitted to the council.

 

(h)  Except in the case of tie bids, there shall be neither formal or tacit local vendor's preference policies.  The city shall neither impose nor condone any bidding or procurement policies that result in exclusionary or anti-competitive bidding or violate state or federal antitrust laws.  If all bids received are for the same total amount or unit price, quality and service being equal, the contract shall be awarded to a local bidder.  Where there is no local bidder or when two (2) or more local bidders are equal, the risk manager shall award the contract to one of the tie bid­ders by drawing lots in public.

 

(i)  The city, whenever applicable, may purchase supplies, equipment, or services without the necessity of using the formal bid requirements as set forth in this section by either:

 

(1)       Purchasing under a State of Nebraska contract; or

 

(2)       Purchasing the same supplies, equipment, or services from another vendor at or below the purchase price of a State of Nebraska contract.

 

(3)        Purchasing under a contract or agreement compliant with the Interlocal Cooperation Act where the acquisition cost of the item being purchased has been established through a public procurement process.

 

(4)        Purchasing under a contract or agreement with a Joint Public Agency where the cost of the item being purchased has been established through a public procurement process.

 

(5)        Purchasing where the entire cost of the supplies, or services is one hundred percent (100%) funded by a donation to the city for said supplies, equipment, or services, and the following criteria are met:

 

             a)  the project utilizing said supplies, equipment, or services has been approved by the city in advance of the donation to the city, and

 

             b)  the donor has requested that particular supplies, equipment, or services be acquired by the city with the donated funds, and

 

             c)  the city, before accepting the donation, has considered the criteria set forth in subsection (e) of this section and has declared that, having considered the criteria set forth in subsection (e), it is in the best interest of the city. 

 

 

(Ord. No. 3078, § 10, 7-6-82; Ord. No. 3094, § 1, 10-4-82; Ord. No. 3160, § 2, 9-7-83; Ord. No. 4330, § 3, 33-16-98; Ord. No. 5080, § 4, 7-20-09; Ord. No. 5262, § 2, 8-19-13; Ord. No. 5293, § 1, 6-2-14; Ord. No. 5334, § 1, 2-2-15; Ord. No. 5375, § 1, 12-7-15; Ord. No. 5468, § 1, 4-17-17)

 

Sec. 2-111.  Informal bidding.

 

(a)   When the estimated cost of supplies, equipment or contractual services is less than thirty thousand dollars ($30,000.00), the purchase shall be made in the open market, without news­paper advertisement and without observing the procedure pre­scribed for the award of formal contracts and shall be referred to as open market purchases.  All such purchases shall be awarded by the risk manager.

 

(b)   All open market purchases in an amount greater than one thousand five hundred dollars ($1,500.00) but less than thirty thousand dollars ($30,000.00) shall, whenever possible, be based on at least three (3) competitive bids, and shall be awarded to the "lowest responsible and responsive bidder," in accordance with the same criteria established in this article for the formal contract procedure.  All such purchases shall be awarded by the risk manager.

 

(c)   All open market purchases greater than six hundred dollars ($600.00) and not more than one thousand five hundred dollars ($1,500.00) may be acquired after solicitation of three (3) informal bids and after being assigned a purchase order by the risk manager or his or her designee.  Purchases provided for under this subsection should be made from the "lowest responsible and responsive bidder," in accordance with the same criteria established in this article for the formal contract procedure.

 

(d)   All open market purchases of six hundred dollars ($600.00) or less may be made by utilizing open monthly purchase orders or by purchasing from available sources without the necessity of a bid.

 

(e)   The risk manager may solicit open market bids by di­rect mail request to prospective vendors, by public notice on the bulletin board of the city administrative offices, by telephone, by facsimile transmission, by electronic mail or other electronic means.

 

(f)   The risk manager shall keep a record of all open market orders, and the bids submitted in competition thereon, and such records shall also be open to public inspection. 

 

Source:  Ord. No. 3078, § 11, 7-6-82; Ord. No. 3754, § 3, 11-5-90; Ord. No. 4232, § 1, 12-16-96; Ord. No. 4330, § 3, 3-16-98; Ord. No. 5021, § 1, 8-4-08; Ord. No. 5080, § 4, 7-20-09; Ord. No. 5262, § 2, 8-19-13; Ord. No. 5334, § 1, 2-2-15)

 

Sec. 2-112.  Emergency purchases.

 

(a)   In the event of an emergency which requires immediate purchase of supplies or contractual services, the city administra­tor shall be empowered to authorize the risk manager to secure by open market procedure as herein set forth, at the lowest obtainable price, any supplies or contractual services.

 

(b)   An "emergency" shall be defined as any event which inter­rupts the normal administration of municipal services, thereby jeopardizing the life, health or convenience of citizens.

 

(c)   Should an emergency situation arise on a weekend or holi­day, and where it is not possible or convenient to reach the risk manager, any purchase necessary shall be made by the department in charge and such purchase reported to the risk manager without delay.

 

(d)   A report of the circumstances of an emergency purchase shall be filed by the risk manager with the city administra­tor. 

 

Source:  Ord. No. 3078, § 12, 7-6-82; Ord. No. 5080, § 4, 7-20-09; Ord. No. 5334, § 1, 2-2-15)

 

Sec. 2-113.  Inspection and testing.

 

(a)   The risk manager shall inspect, or supervise the in­spection of, all deliveries of supplies or contractual services to determine their conformance with the specifications set forth in the order or contract.

 

(b)   The risk manager may authorize using agencies, divi­sions or departments having the staff and facilities for adequate inspection to inspect all deliveries made to such agencies, divi­sions or departments, under rules and regulations which the risk manager shall prescribe.

 

(c)   The risk manager may require chemical and physical tests of samples submitted with bids and samples of deliveries which are necessary to determine their quality and conformance with the specifications.  In the performance of such tests, the risk manager shall have the authority, to make use of labora­tory facilities of any agency of the city government or any outside laboratory. 

 

Source:  Ord. No. 3078, § 13, 7-6-82; Ord. No. 5080, § 4, 7-20-09; Ord. No. 5334, § 1, 2-2-15)

 

Sec. 2-114.  Inventory.

 

It shall be the responsibility of the risk manager to super­vise the preparation and maintenance of a current inventory of all real and personal city property having a value of one hundred fifty dollars ($150.00) or more.  Periodic checks will be made by the risk manager to ensure reliability.

 

Source:  Ord. No. 3078, § 14, 7-6-82; Ord. No. 5080, § 4, 7-20-09; Ord. No. 5262, § 3, 8-19-13; Ord. No. 5334, § 1, 2-2-15)

 

Sec. 2-115.  Surplus stock.

 

All agencies and departments shall submit to the risk manager, at such time and in such form as he or she shall prescribe, re­ports showing stocks of all supplies which are no longer used or which have become obsolete, worn out or scrapped.

 

The risk manager shall have the authority to sell or dispose of all surplus supplies and equipment of less than thirty thousand dollars ($30,000.00) in value which have become unsuitable or unnecessary for public use.  The risk manager shall sell or dispose of the property by any method which is most advantageous to the city, including auction, sealed bid, private or public sale, or trade-in for other property.  All sales of equipment or supplies of thirty thousand dollars ($30,000.00) or more in value shall require the prior approval of the mayor and city council.

 

Source:  Ord. No. 3078, § 15, 7-6-82; Ord. No. 4330, § 4, 3-16-98; Ord. No. 5080, § 4, 7-20-09; Ord. No. 5262, § 3, 8-19-13; Ord. No. 5334, § 1, 2-2-15)

 

Sec. 2-116.  Prescribed authority structures.

 

Insofar as the sale or purchasing procedures of this policy are concerned, the following authority structure shall apply:

 

(1)        Every city employee shall requisition for supplies, equip­ment or services only with the written approval of the employee's department or division head or duly authorized representative;

 

(2)        After obtaining the written approval of the department or division head, the employee shall forward the information regarding the proposed purchase or sale to the risk manager.  The risk manager shall determine the disposi­tion of the proposed purchase or sale according to the pro­cedures and authority specified in this article;

 

(3)        Any city employee who desires to appeal a decision of the risk manager shall appeal only to the city administra­tor, unless the city administrator determines that the final decision should rest with the mayor and city council and be determined in public session, his decision in all cases shall be final;

 

(4)        No city employee shall circumvent that prescribed author­ity structure of this policy without permission of the city administrator. 

 

Source:  Ord. No. 3078, § 16, 7-6-82; Ord. No. 5080, § 4, 7-20-09; Ord. No. 5334, § 1, 2-2-15)

 

Sec. 2-117.  Exceptions.

 

Insofar as the authority of the risk manager is concerned, this policy shall not apply to construction contracts for special improvement districts nor to state or federally funded programs that mandate a different contracting procedure, nor to contracts for legal services. 

 

Source:  Ord. No..3078, § 17, 7-6-82; Ord. No. 5080, § 4, 7-20-09; Ord. No. 5334, § 1, 2-2-15)

 

ARTICLE VI.  BOARDS AND COMMISSIONS

DIVISION 1. GENERALLY

DIVISION 2. CIVIL SERVICE COMMISSION*

*Editor's note--Ord. No. 3368, §§ 1-24, adopted December 16, 1985, did not specifically amend the Code; therefore, inclusion as §§ 2-151 -- 2-174 was at the discretion of the editor.

Cross references-Fire division, Ch. 8; Police, Ch. 20.

 

Sec. 2-151.  Positions--Covered.

 

The Civil Service Act shall apply only to all present full-time firefighters or full-time police officers of the city, including any paid full-time police or fire chief of such department, and future appointees to such full-time positions.  Full-time police officers shall mean police officers in positions which require certification by the Nebraska Law Enforcement Training Center, who have the power of arrest, who are paid regularly by the city, and for whom law enforcement is a full-time career, but shall not include clerical, custodial or maintenance personnel.  Full-time firefight­ers shall mean duly appointed firefighters who are paid regularly by the city and for whom firefighting is a full-time career, but shall not include clerical, custodial or maintenance personnel who are not engaged in fire suppression. 

 

Source:  Ord. No. 3368, § 1, 12-16-85

 

Sec. 2-152.  Same--Created and eliminated.

 

All positions subject to the Civil Service Act shall be created or eliminated by the mayor and council. 

 

Source:  Ord. No. 3368, § 2, 12-16-85

 

Sec. 2-153.  Establishment of salaries and compensation.

 

The Civil Service Act shall not be construed to infringe upon the power and authority of the mayor and council to establish sala­ries and compensation of all employees within the compensation schedule or ranges established by the mayor and council for the positions. 

 

Source:  Ord. No. 3368, § 3, 12-16-85

 

Sec. 2-154.  Payment of compensation for services.

 

No treasurer, auditor, comptroller or other officer or employee of the city shall subject to the Civil Service Act approve the payment of or be in any manner concerned in paying, auditing or approving any salary, wage or other compensation for services to any person subject to the jurisdiction and scope of the Civil Ser­vice Act unless the person to receive such salary, wage or other compensation has been appointed or employed in compliance with such act. 

 

Source:  Ord. No. 3368, § 4, 12-16-85

 

Sec. 2-155.  City's duty to commission.

 

The mayor and council shall provide the commission with suit­able and convenient rooms and accommodations and cause the same to be furnished, heated, lighted, and supplied with all office supplies and equipment necessary to carry on the business of the commission and with such clerical assistance as may be neces­sary.  It shall be the duty of the city to appropriate each fiscal year, from the general funds of the city, a sum of money sufficient to pay the necessary expenses involved in carrying out the pur­poses of such act, including, but not limited to, reasonable at­torney's fees for any special counsel appointed by the commission when the city attorney is not authorized by the mayor and city council to represent the commission.  The mayor and city council may establish the hourly or monthly rate of pay of such special counsel.  The city shall afford the commission, its members and employees all reasonable facilities and assistance to inspect all books, papers, documents and accounts applying or in any way appertaining to any and all positions and employments subject to civil service and shall produce such books, papers, documents and accounts.  All city officers and employees shall attend and testify whenever required to do so by the commission, the ac­cused or the appointing authority. 

 

Source:  Ord.  No. 3368, § 5, 12-16-85

 

Sec. 2-156.  Political fund contribution and political service.

           

No person holding any position subject to civil service shall be under any obligation to contribute to any political fund or to render any political service to any person or party whatsoever.  No person shall be removed, reduced in position or salary or otherwise prejudiced for refusing to do so.  No public officer, whether elected or appointed, shall discharge, promote, demote or in any manner change the official rank, employment or compensation of any person under civil service, or promise or threaten to do so for giving, withholding or neglecting to make any contribution of money, services or any valuable thing for any political purposes. 

 

Source:  Ord. No. 3368, § 6, 12-16-85

 

Sec. 2-157.  Obstructing examinations.

 

No commissioner or any other person shall by himself or herself or in cooperation with one or more persons:

 

(1)       Defeat, deceive, or obstruct any person in respect to the right of examination according to the rules and regula­tions made pursuant to the Civil Service Act;

 

(2)       Falsely mark, grade, estimate or report upon the examina­tion and standing of any person examined or certified in accordance with such act or aid in so doing;

 

(3)       Make any false representation concerning the same or concerning the persons examined;

 

(4)       Furnish any person any special or secret information for the purpose of improving or injuring the prospects or chances of any person so examined or certified to be examined or certified; or

 

(5)       Persuade any other person or permit or aid in manner any other person to impersonate him or her in connection with any examination, application, or request to be examined.

 

Source:  Ord. No. 3368, § 7, 12-16-85

 

Sec. 2-158.  Civil service commission created.

 

There is hereby created in the city, a civil service commission which shall have three (3) members who shall each be a citizen of the United States, a resident of such city for at least three (3) years immediately preceding such appointment, and an elector of the county wherein such person resides. 

 

Source:  Ord. No. 3368, § 8, 12-16-85

 

Sec. 2-159.  Appointment of members.

 

The members of the civil service commission shall be appointed by the mayor and approved by the city council.  At the time of any appointment, not more than two (2) members of the civil service commission, including the one or ones to be appointed, shall be registered electors of the same political party.  Confirmation of the appointment(s) by any other legislative body shall not be required. 

 

Source:  Ord. No. 3368, § 9, 12-16-85

 

Sec. 2-160.  Member's terms of office.

 

The first persons appointed to the civil service commission shall serve for terms of two (2) years, four (4) years, and six (6) years, respectively.  Thereafter, all appointments shall be for six (6) years. 

 

Source:  Ord. No. 3368, § 10, 12-16-85

 

Sec. 2-161.  Removal from office.

 

Any member of the civil service commission may be removed from office for incompetency, dereliction of duty, malfeasance in office, or other good cause by the mayor with the approval of the city council, except that no member of the civil service commis­sion shall be removed until written charges have been preferred, due notice given such member, and full hearing had before the mayor and city council. 

 

Source:  Ord. No. 3368, § 11, 12-16-85

 

Sec. 2-162.  Compensation of members.

 

Members of the civil service commission shall serve without compensation. 

 

Source:  Ord. No. 3368, § 12, 12-16-85

 

Sec. 12-163.  Meetings.

 

The civil service commission shall hold meetings as may be required for the proper discharge of its duties. 

 

Source:  Ord. No. 3368, § 13, 12-16-85; Ord. No. 3785, § 2, 4-1-91

 

Sec. 2-164.  Chairperson.

 

The civil service commission shall annually elect one of its members as chairperson. 

 

Source:  Ord. No. 3368, § 14, 12-16-85

 

Sec. 2-165.  Secretary and chief examiner.

 

The civil service commission shall appoint a secretary and a chief examiner who shall keep the records of the commission, preserve all reports made to it, superintend and keep a record of all examinations held under its direction, and perform such other duties as the commission may prescribe.  The commission may merge the positions of secretary and chief examiner and appoint one person to perform the duties of both positions.  The commis­sion shall appoint the city's personnel officer as secretary and chief examiner, if requested to do so by the city administrator.  The secretary and/or chief examiner of the civil service commis­sion may be removed from office for incompetency, dereliction of duty, malfeasance in office, or other good cause by the mayor, with the approval of the city council, except that the secretary and/or chief examiner shall not be removed until written charges have been preferred, due notice given such person, and a full hearing had before the mayor and city council. 

 

Source:  Ord. No. 3368, § 15, 12-16-85

 

Sec. 2-166.  Quorum.

 

Two (2) members shall constitute a quorum for the transaction of business. 

 

Source:  Ord. No. 3368, § 16, 12-16-85

 

Sec. 2-167.  Powers and duties.

 

The commission shall adopt and promulgate procedural rules and regulations which shall detail all matters assigned to it by the mayor and city council or city administrator.  At least one copy of the rules and regulations, and any amendments, shall be made available for examination and reproductions by members of the public.  One copy of the rules and regulations, and any amend­ments, shall be given to each full-time firefighter and full-time police officer. 

 

Source:  Ord. No. 3368, § 17, 12-16-85; Ord. No. 3785, § 3, 4-1-91

 

Sec. 2-168.  Appointments and promotions.

 

All appointments to and promotions in the police or fire de­partment shall be made solely on merit, efficiency and fitness, which shall be ascertained by open competitive examination and impartial investigation by the commission.  Appointments shall mean all means of selecting, appointing or employing any person to hold any position or employment subject to civil service.  Pro­motion or demotion shall mean changing from one position to another, accompanied by a corresponding change in current rate of pay.  Position shall mean an individual job which is designated by an official title indicative of the nature of the work. 

 

Source:  Ord. No. 3368, § 18, 12-16-85

 

Sec. 2-169.  Requirements for civil service position applicants.

 

An applicant for a position of any kind under civil service shall be able to read and write the English language, meet the mini­mum job qualifications of the position as established by the city administrator, and be of good moral character.  An applicant shall be required to disclose his or her past employment history and his or her criminal record, if any.  Prior to certifying to the city administrator the names of the persons eligible for the position or positions, the commission shall validate the qualifications of such persons. 

 

Source:  Ord. No. 3368, § 19, 12-16-85

 

Secs. 2-170 -- 2-172.  Reserved.

 

Editor’s note--Ord. No. 3785, § 1, adopted April 1, 1991, repealed former §§ 2-170 -- 2-172, relative to the filling of vacant positions, probationary period and disciplinary actions, which derived from Ord.  No. 3368, §§ 20--22, adopted Dec. 16, 1985.

 

Sec. 2-173.Reduction in force policy for employees covered under civil service and for general employees.

 

(a)   Establishment.  There is hereby established a reduction in force policy for all employees of the City of Norfolk.  This policy is being adopted after having:

 

(1)       Considered the recommendation of the Norfolk Civil Ser­vice Commission on such policy;

 

(2)       Given reasonable notice to each employee of the time, date and location of a public hearing on the policy; and

 

(3)       Conducted said public hearing in accordance with the noti­fication provided to each city employee.

 

(b)   Factors.  An employee who has successfully fulfilled the probationary period for the position which he or she holds, will be removed from the city payroll only after any probationary employees in the same position have been removed.  In the event there are no such probationary employees, or if further reduction is to occur after removal of probationary employees, then the following factors shall be considered for a reduction in force:

 

 (1)       The employment policies and staffing needs of the depart­ment or division together with the contracts, ordinances and statutes related thereto;

 

(2)       Required federal, state, or local certifications or licenses;

 

(3)       The multiple job skills recently or currently being per­formed by the employee;

 

(4)       The knowledge, skills, and abilities of the employee;

 

(5)       The performance appraisal of the employee including any recent or pending disciplinary actions involving the employee;

 

(6)       Seniority;

 

(7)       Such other factors as may be determined to be relevant under the facts and circumstances of such reduction in force.

 

Theses factors may be documented or supported by employee evaluations, disciplinary actions, employee files, commendations, documented training, citizen reports, and other verifiable com­ments or data relevant to the factors to be considered.

 

(c)   Weighting of factors.  Equal weight shall be accorded to each of the foregoing factors.

 

(d)   Determination.  Prior to the termination of any employment due to a reduction in force, the department head or division head of the department or division in which the reduction is to occur shall meet with the city administrator for the purpose of deter­mining which employee or employees should be terminated, tak­ing into consideration the factors described above.

 

They shall first determine the class in which the reduction is to occur, and then they shall apply the factors to each employee within that class, and determine which employee or employees should be terminated.

 

If an employee class other than entry level is selected for the reduction in force, the process used shall be applied to the class selected and all other subordinate classes within the division.

 

(e)   Notification.  When it has been determined that an employee is to be terminated due to a reduction in force, he or she shall be notified in writing by the department or division head of:

 

(1)       The fact that his or her employment is being terminated due to a reduction in force;

 

(2)       The effective date of the termination;

 

(3)       The reason that such employee was selected for a reduc­tion in force; and

 

(4)       The employee's right to appeal the action taken to the Norfolk Civil Service Commission if the employee is a police officer or firefighter; or to the mayor and city coun­cil, as a governing body, for any other employee, to be represented by an attorney, and to confront and cross-examine available adverse witnesses at such hearing.

 

(f)   Effective date.  No reduction in force as to any employee shall be effective until fourteen (14) days have elapsed from the time such employee has been notified in writing that his or her employment is being terminated due to a reduction in force.

 

(g)   Appeal.  An employee whose employment is terminated due to a reduction in force shall have the right to appeal such action to the Norfolk Civil Service Commission (for a police officer or firefighter) or to the mayor and city council, as a governing body, (for all other employees), which shall proceed to hear such matter as in other cases.  The general rules pertaining to appeals of other matters to the commission (or mayor and city council, as a gov­erning body,) under this article shall prevail.  The commission (or mayor and city council, as a governing body,) in considering the matter, shall determine whether the department head, division head and city administrator fairly and reasonably applied the factors described above and acted from honest convictions with­out any ill will, fraud, collusion, or other such improper motives.

 

(h)   Reinstatement.  Within two (2) years following the effective date of the reduction in force, any person terminated solely be­cause of the reduction in force shall be afforded an opportunity for reinstatement to the same position from which the termina­tion occurred or a position below the former position, provided that the person is qualified to perform the duties of the position and such reinstatement would be in the best interest of the city. 

 

Source: Ord. No. 3368, § 23, 12-16-85; Ord. No. 3492, § 1, 7-6-87

 

Sec. 2-174.  Reserved.

 

Editor's note--Ord. No. 3785, § 1, adopted April 1, 1991, repealed former § 2-174, relative to leaves of absence, which derived from Ord. No. 3368, § 24, adopted Dec. 16, 1985.

 

The public information contained herein is furnished as a public service by the City of Norfolk. The official record is maintained by the City Clerk's Office as required by Neb. Rev. Stat. § 16-317. A printed version of the Norfolk Municipal Code is available at the City Clerk's Office and the Norfolk Public Library.

 

The City Clerk's Office may be contacted at (402) 844-2000 or by email bdeck@ci.norfolk.ne.us