All ordinances embraced in the following Chapters and sections shall constitute and be designated "The Code of the City of Kearney, Nebraska," and may be so cited. Such Code may also be cited as the "Kearney City Code."

(Code 1958, 1.1; Code 1980, 1-1)

State Law reference— Revision, publication of ordinances, Neb. Rev. Stat. §16-247, 16-403 through 16-405; §18-131, 18-132; 19-3701.

In the construction of this Code and all other ordinances of the City, the following rules shall be observed unless such construction would be inconsistent with the manifest intent of the Council, or the context clearly requires otherwise:

CITY: Shall be construed as if followed by the words "of Kearney, Nebraska."

CODE: Shall mean "The Code of the City of Kearney, Nebraska."

COMPUTATION OF TIME: The time within which an act is to be done, as provided in the civil procedure statutes of Nebraska, is computed by excluding the day of the act, event, omission or default and including the last day unless the last day falls upon any legal holiday as defined by Section 25-2221 Nebraska Revised Statutes, as amended, or on Saturday or Sunday; in which case, the last day is also excluded.

COUNCIL: Shall be construed to mean the City Council of the City of Kearney, Nebraska.

COUNTY: Shall mean Buffalo County, Nebraska.

DAY: The period of time between any midnight and the midnight following.

DAYTIME, NIGHTTIME: "Daytime" is the period of time between sunrise and sunset. "Nighttime" is the period of time between sunset and sunrise.

DELEGATION OF AUTHORITY: Whenever a provision appears in this Code requiring an officer of the City to do some act or make certain inspections, it is to be construed to authorize such officer to designate, delegate, and authorize subordinates to perform the required act or make the required inspection unless the terms of the provision or section expressly designate otherwise.

EASEMENT: A right, liberty, privilege or advantage without profit which the owner of one (1) parcel of land may have in the lands of another. A right in the owner of one (1) parcel of land, by reason of such ownership, to use the land of another for a special purpose not inconsistent with a general property right of the owner.

GENDER: A word importing the masculine gender only shall extend and be applied to females and to firms, partnerships, associations and corporations, as well as to males.

IN THE CITY: Shall mean and include any territory within the corporate limits of this City and the police jurisdiction thereof and any other territory over which regulatory power has been conferred on the City by general or special legislative act except as otherwise specified.

INFRACTION: Where specified or declared in this Code, unless the context otherwise requires, "infraction" shall mean the violation of any law, ordinance, order, rule or regulation, not including those related to traffic.

JOINT AUTHORITY: Words purporting to give authority to three (3) or more officers or other persons shall be construed as giving such authority to a majority of such officers or other persons unless it is otherwise specifically declared.

LAW: Any statute, ordinance or regulation promulgated by the United States, the State, the County, the City or any agency thereof, as well as the rules and regulations of other bodies politic that may be appropriate.

MONTH: Shall mean a calendar month.

NUMBER: Any word importing the singular number shall include the plural, and any word importing the plural number shall include the singular.

OATH: Shall be construed to include an affirmation in all cases in which, by law, an affirmation may be substituted for an oath; and in such cases, the words "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed."

OFFENSE: The doing of any act or thing prohibited or the failing to do any act or thing commanded to be done in this Code within the City is hereby declared to be an offense against the public peace, safety, morals and general welfare of the people of the City.

OFFICIAL TIME STANDARD: Whenever certain hours are named in this Code, they shall mean standard time or daylight saving time as may be in current use in the City.

OFFICIALS, EMPLOYEES, BOARDS, COMMISSIONS, ETC.: Whenever reference is made to officials, employees, boards, commissions or other agencies of the City by title only, i.e., "President," "Mayor," "Clerk," "Manager," "Chief of Police," etc., they shall be deemed to refer to the officials, employees, boards, commissions or other agencies of this City.

OR, AND: "Or" may be read "and" and "and" may be read "or" if the context of the provision requires it.

OWNER: Shall, when applied to a building or land, include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole or of a part of such building or land.

PERSON: Shall include and be applied to a firm, partnership, association, corporation, organization, club, society, group acting as a unit, or body politic and corporate, as well as to an individual.

PERSONAL PROPERTY: Shall include money, goods, chattels, evidences of debt, things in action, and any other species of property except real property.

PRECEDING, FOLLOWING: Shall mean the next before and the next after, respectively.

PROPERTY: Shall include real, personal and mixed property.

PUBLIC PLACE: Any public way, park, cemetery, school yard or open space adjacent thereto; any public lake or stream; and any place or business open to the use of the public in general, open to public view or to which the public has access.

PUBLIC WAY: Any street, alley, boulevard, parkway, highway, sidewalk or other public thoroughfare.

REAL PROPERTY: Shall include lands, tenements and hereditaments.

REASONABLE TIME: In all cases where any section of this Code or City ordinance shall require any act to be done in a reasonable time or reasonable notice to be given, such reasonable time or notice shall be deemed to mean such time only as may be necessary for the prompt performance of such duty or compliance with such notice.

RESIDENCE: The place adopted by a person as his/her place of habitation and to which, whenever he/she is absent, he/she has the intention of returning. When a person eats at one place and sleeps at another, the place where such person sleeps shall be deemed to be his/her residence.

ROADWAY: That portion of a street improved, designed or ordinarily used for vehicular traffic.

SHALL, MAY: The word "shall" is mandatory, the word "may" is discretionary.

SIDEWALK: Shall mean any portion of the street between the curb or the lateral line of the roadway and the adjacent property line intended for the use of pedestrians.

SIGNATURE OR SUBSCRIPTION BY MARK: Includes a mark when the signer or subscriber cannot write, such signer's or subscriber's name being written near the mark by a witness who writes his/her own name near the signer's or subscriber's name; but a signature or subscription by mark can be acknowledged or can serve as a signature or subscription to a sworn statement only when one (1) witness shall sign his/her own name thereto.

STATE: Shall be construed to mean the State of Nebraska.

STREET: Shall mean and include public streets, avenues, boulevards, highways, roads, alleys, lanes, viaducts, bridges, public ways and approaches thereto and other public thoroughfares in the City devoted to public use.

TENANT, OCCUPANT: Applied to a building or land shall mean any person who occupies the whole or a part of such building or land, whether alone or with others.

TENSE: Words used in the past or present tense shall include the future as well as the past or present.

TO: Means "to and including" when used in reference to a series of sections of this Code or when reference is made to the Nebraska Revised Statutes.

TRAFFIC INFRACTION: As used in this Code unless the context otherwise requires, shall mean the violation of any provisions of Chapter 8 of this Code or of any law, ordinance, order, rule or regulation, regulating or related to traffic, which is not otherwise declared or specified to be a misdemeanor or an infraction.

WEEK: Consists of seven (7) consecutive days.

WRITING: Includes any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement or record is required or authorized by this Code, it shall be made in writing in the English language unless it is expressly provided otherwise.

YEAR: Shall mean a calendar year except where otherwise provided.

(Code 1958, 1.2; Code 1980, 1-2; Ord. No. 5057, 1, 9-26-89)

The rules of construction and definitions set forth in section 1-102 shall not be applied to any section of this Code or City ordinance which shall contain any express provision, excluding such construction or definition, or when the subject matter or context of such provisions or ordinances may be repugnant thereto.

(Code 1980, 1-3)

The provisions appearing in this Code, so far as they are the same as those of ordinances existing at the time of the effective date of this Code, shall be considered as continuations thereof and not as new enactments.

(Code 1958, 1.3; Code 1980, 1-4)

All standard codes, rules, regulations and other subject matter herein or hereafter properly incorporated by reference, together with subsequent amendments thereto pursuant to State law, and future incorporations by reference shall be kept and preserved in the office of the City Clerk.

(Code 1980, 1-5)

The matter in parentheses at the ends of sections in this Code is for information only and is not a part of this Code. Citations to ordinances indicate only the source of such section. Reference matter not in parentheses is for information only and is not a part of this Code.

(Code 1980, 1-6)

The catchlines of the several sections of this Code printed in boldface type are intended as mere catchwords to indicate the contents of the section and shall not be deemed or taken to be titles of such sections nor as any part of the section, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted.

(Code 1958, 1.6; Code 1980, §1-7)

In addition to the rules of construction and definitions specified in this Article, the following rules shall be observed in the construction of this Code:

A.

All references to Chapters, Articles or sections are to the Chapters, Articles and sections of this Code unless otherwise specified.

B.

If the provisions of different Chapters of this Code conflict with or contravene each other, the provisions of each Chapter shall prevail as to all matters and questions growing out of the subject matter of such Chapter.

C.

If conflicting provisions are found in different sections of the same Chapter, the provisions of the section which is last in numerical order shall prevail unless such construction would be inconsistent with the meaning of such Chapter.

(Code 1980, 1-8)

The police power of the City is hereby extended to include all lands or property owned or leased by the City or any agency of the City, and the general ordinances of the City shall be applicable on such property.

(Code 1980, 1-9)

It shall be unlawful for any person to change or amend by additions or deletions any part or portion of this Code or to insert or delete pages or portions thereof or to alter or tamper with such Code in any manner whatsoever which will cause the law of the City to be misrepresented thereby; provided that supplementation of this Code by authorized persons shall be permitted.

(Code 1980, 1-10)

Whenever in this Code or in any ordinance of the City an act is prohibited or is made or declared to be unlawful for an offense or a misdemeanor, or whenever in such Code or ordinance the doing of any act is required, or the failure to do any act is declared to be unlawful, and no specific penalty is provided therefore, the violation of any such provision or the failure to perform any such act shall be punished by a fine not exceeding three hundred dollars ($300.00) or by imprisonment not to exceed thirty (30) days, or both such fine and imprisonment in the discretion of the court; and such violator may be committed to the City or County jail until such fine and costs of prosecution are paid.

Each day any such violation or failure to perform such act shall continue shall constitute a separate offense unless otherwise specifically provided.

(Code 1958, 1.7; Ord. No. 2939, 1, 2-13-79; Code 1980, 1-11)

State Law reference— Penalties for violation of ordinances, Neb. Rev. Stat. 16-246, 24-517.

Any person found guilty of an infraction when a penalty is not otherwise specified shall:

A.

For the first (1st) offense, be fined not more than one hundred dollars ($100.00);

B.

On a second (2nd) conviction for the same infraction within a two-year period, be fined not less than one hundred dollars ($100.00) and not more than three hundred dollars ($300.00);

C.

On a third (3rd) or subsequent conviction for the same infraction within a two-year period be fined not less than two hundred dollars ($200.00) and not more than five hundred dollars ($500.00). Any person charged with commission of an infraction which was committed more than two (2) years after such person's last conviction for the same infraction shall be charged as though the most recent infraction was a first offense.

(Ord. No. 5057, 2, 9-26-89; Code 1980, 1-11.1)

State Law reference— Similar provisions, Neb. Rev. Stat. 29-436

Any person who is found guilty of a traffic infraction when a penalty is not otherwise specified shall be fined:

A.

Not more than two hundred dollars ($200.00) for the first (1st) offense;

B.

Not more than three hundred dollars ($300.00) for a second (2nd) offense within a one-year period; and

C.

Not more than four hundred dollars ($400.00) for a third (3rd) and subsequent offense within a one-year period. Any person charged with commission of a traffic infraction which was committed more than one (1) year after such person's last conviction for the same traffic infraction shall be charged as though the most recent traffic infraction was a first offense.

(Ord. No. 5057, 3, 9-26-89; Code 1980, 1-11.2; Ord. No. 6185, 10-8-96)

The imposition of a penalty under the provisions of this Code shall not prevent the revocation or suspension of any license, franchise or permit issued or granted under the provisions of this Code.

In the event that any violation of this Code is designated as a nuisance under the provisions of this Code, such nuisance may be summarily abated by the City in addition to the imposition of a fine or imprisonment.

(Code 1980, 1-12)

The City limits of the City shall be in all cases as shown by the registered plats in the office of the Register of Deeds of the County, and it shall be the duty of the City Clerk to maintain a plat in his/her office showing the City Limits and all additions and changes which shall be made from time to time.

(Code 1958, 1.15; Code 1980, 1-13)

The datum line or benchmark from which points on the grades of sewers and streets and other grades and improvements are to be reckoned is hereby established at a level plane one hundred (100) feet below a point on a copper plug imbedded in a cement base located on the southwest corner of the lot in the City is located at the corner of Central Avenue and Twenty-Fourth (24th) Street in the City. This point is the convex-top-point of the copper plug.

(Code 1958, 1.23; Code 1980, 1-14)

The repeal of an ordinance shall not revive any ordinances in force before or at the time the ordinance repealed took effect.

The repeal of an ordinance shall not affect any punishment or penalty incurred before the repeal took effect, nor any suit, prosecution or proceeding pending at the time of the repeal, for any offense committed under the ordinance repealed.

(Code 1958, 1.4; Code 1980, 1-15)

It is hereby declared to be the intention of the Council that the sections, paragraphs, sentences, clauses and phrases of this Code are severable; and if any phrase, clause, sentence, paragraph or section of this Code shall be declared unconstitutional by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Code.

(Code 1958, 1.5; Code 1980, 1-16)

Any and all additions and amendments to this Code, when passed in such form as to indicate the intention of the Council to make the same a part hereof, shall be deemed to be incorporated in this Code so that reference to the "Code of the City of Kearney, Nebraska," shall be understood and intended to include such additions and amendments.

(Code 1980, 2-59)

Amendments to any of the provisions of this Code should be made by amending such provisions by specific reference to the section of this Code in substantially the following language: "That section _____ of the Code of the City of Kearney, Nebraska, is hereby amended to read as follows: …" The new provisions shall then be set out in full as desired.

(Code 1980, 2-60)

(a)

In the event a new section not heretofore existing in the Code is to be added, the following language may be used: "That the Code of the City of Kearney, Nebraska, is hereby amended by adding a section (or article, chapter or other designation as the case may be), to be numbered _____, which reads as follows: …" The new provisions shall then be set out in full as desired.

(b)

In lieu of subsection (a) hereof, when the Council desires to enact an ordinance of a general and permanent nature embracing a subject not previously existing in the Code, which the council desires to incorporate into the Code, a provision in substantially the following language may be made part of such ordinance: "It is the intention of the City Council, and it is hereby ordained, that the provisions of this ordinance shall become and be made part of the Code of the City of Kearney, Nebraska, and the sections of this ordinance may be renumbered to accomplish such intention."

(Code 1980, 2-61)

All sections, articles, chapters or other provisions of this Code desired to be repealed should be specifically repealed by section number, article number, chapter or other number, as the case may be.

(Code 1980, 2-62)

In case of the amendment by the Council of any section of this Code for which a penalty is not provided, the general penalty as provided in section 1-111 of this Code shall apply to the section as amended; or in case such amendment contains provisions for which a penalty, other than the aforementioned general penalty, is provided in another section in the same chapter, the penalty so provided in such other section shall be held to relate to the section so amended, unless such penalty is specifically repealed therein.

(Code 1980, 2-63)

(a)

By contract or by City personnel, supplements to this Code shall be prepared and printed whenever authorized or directed by the Council. A supplement to the Code shall include all substantive permanent and general parts of ordinances passed by the Council or adopted by initiative and referendum during the period covered by the supplement and all changes made thereby in the Code. The pages of a supplement shall be so numbered that they will fit properly into the Code and will, where necessary, replace pages which have become obsolete or partially obsolete, and the new pages shall be so prepared that, when they have been inserted, the Code will be current through the date of the adoption of the latest ordinance included in the supplement.

(b)

In preparing a supplement to this Code, all portions of the Code which have been repealed shall be excluded from the Code by the omission thereof from reprinted pages.

(c)

When preparing a supplement to this Code, the codifier (meaning the person, agency or organization authorized to prepare the supplement) may make formal non-substantive changes in ordinances and parts of ordinances included in the supplement, insofar as it is necessary to do so to embody them into a unified Code. For example, the codifier may:

1.

Organize the ordinance material into appropriate subdivisions;

2.

Provide appropriate catchlines, headings and titles for sections and other subdivisions of the Code printed in the supplement, and make changes in such catchlines, headings and titles;

3.

Assign appropriate numbers to sections and other subdivisions to be inserted in the Code and, where necessary, to accommodate new material, change existing section or other subdivision numbers;

4.

Change the words "this ordinance" or words of the same meaning to "this chapter," "this article," "this division," etc., as the case may be, or to "sections _____ to _____" (inserting section numbers to indicate the sections of the Code which embody the substantive sections of the ordinance incorporated into the Code); and

5.

Make other non-substantive changes necessary to preserve the original meaning of ordinance sections inserted into the Code; but, in no case, shall the codifier make any change in the meaning or effect of ordinance material included in the supplement or already embodied in the Code.

(Code 1980, 2-64)

The Governing Body of the City shall be the City Council, which shall exercise all the powers which have been or may be conferred upon the City by the Constitution and laws of the state.

State Law reference— Similar provisions, Neb. Rev. Stat. 19-611

There shall be five (5) Council Members who shall be elected from the City at large in even numbered years. Council members shall serve for a term of four years and until their successors are elected and have qualified. The term of office of all such members shall commence on the first regular meeting of such board in December following their election.

(Code 1958, 2.6-1; Code 1980, 2-16)

State Law reference— Similar provisions, Neb. Rev. Stat. 19-612

Members of the Council shall be residents and registered voters of the City and shall hold no other employment with the City. They shall be permitted to hold other elective office as provided by state law. Any Council Member who ceases to possess any of the qualifications required by this section or who has been convicted of a crime while in office shall forthwith forfeit such office.

(Ord. No. 6222, 1-28-97)

State Law reference— Similar provisions, Neb. Rev. Stat. 19-613

Vacancies in the City Council shall be filled in accordance with Neb. Rev. Stat. 32-560, et seq.

(Ord. No. 6207, 12-23-96)

State Law reference— Vacancies, Neb. Rev. Stat. Chapter 32, Article 5, Subsection (c)

The annual compensation of the Mayor/President and a Council Member shall be payable quarterly in equal installments, and shall be fixed by the Council. The emoluments of any appointive or elective officer shall not be increased or diminished during the term for which such officer was elected or appointed, except that when there are officers elected or appointed to the Council, or a board or commission having more than one (1) member and the terms of one (1) or more members commence and end at different times, the compensation of all members of such Council, board, or commission may be increased or diminished at the beginning of the full term of any member thereof. No person who shall have resigned or vacated any office shall be eligible to the same during the time for which such person was elected or appointed when, during the same time, the emoluments have been increased. For each absence from regular meetings of the Council, unless authorized by a two-thirds (2/3) vote of all members thereof, there shall be deducted a sum equal to two percent (2%) of such annual salary. Absence from five (5) consecutive regular meetings shall operate to vacate the seat of a member, unless the absence is excused by the Council by resolution setting forth such excuse and entered upon the journal.

State Law reference— Similar provisions, Neb. Rev. Stat. 19-616

At the first regular meeting in December following the general election in every even-numbered year, the Council shall meet in the Council Chambers at City Hall and the newly elected Council Members shall assume the duties of their office. The Council shall elect one (1) of its members as president, who shall be ex officio mayor, and another as vice president, who shall serve in the absence of the president. In the absence of the president and the vice president, the Council may elect a temporary chairperson, President Pro Tempore. In all official and unofficial proceedings, the President may be referred to as Mayor. The president shall preside over the Council, and have a voice and vote in its proceedings, but no veto. He/she shall be recognized as the official head of the City for all ceremonial purposes, by the courts for the purpose of serving civil process, and by the Governor for military purposes. In addition, he/she shall exercise such other powers and perform such duties as are conferred upon the Mayor/President of the City.

(Ord. No. 5747, 4-12-1994; Ord. No. 7861, 12-10-2013)

State Law reference— Similar provisions, Neb. Rev. Stat. 19-617

The Council shall appoint a City manager, and a City clerk, but no member of the Council shall be chosen as manager or as city clerk. Neither the Council nor any of its committees or members shall dictate the appointment of any person to office or employment by the City Manager or in any manner seek to prevent him/her from exercising his/her own judgment in the appointment of officers and employees in the administrative service. Except for the purpose of inquiry, the Council and its members shall deal with the administrative service solely through the City Manager, and neither the Council nor any member thereof shall give orders to any of the subordinates of the City Manager, either publicly or privately. The Council, or a committee thereof, may investigate the affairs of any department or the official acts and conduct of any City officer. It shall have power to administer oaths and compel the attendance of witnesses and the production of books and papers and may punish for contempt any person failing to obey its subpoena or refusing to testify. No person shall be excused from testifying, but his/her testimony shall not be used against him/her in any criminal proceeding other than for perjury.

State Law reference— Similar provisions, Neb. Rev. Stat. 19-618

The Council shall have authority, subject to the provisions of Sections 19-601 to 19-648 R.R.S., inclusive, to create and discontinue departments, offices and employments, and by ordinance or resolution to prescribe, limit or change the compensation of such officers and employees.

State Law reference— Similar provisions, Neb. Rev. Stat. 19-620

All meetings of the Council shall be held at the Council Chambers in the City Hall, unless moved to a different location by the City Council.

(Code 1958, 2.5(1); Code 1980, 2-17)

State Law reference— Similar provisions, Neb. Rev. Stat. 19-615

Regular Council meetings shall be held on the second (2nd) and fourth (4th) Tuesdays in each month, at 5:30 o'clock p.m., except for the month of December when Regular Council meetings shall be held on the second (2nd) and third (3rd) Tuesday of the month. If the same falls upon a legal holiday, the meeting shall be held on the preceding or following day, as the Council determines appropriate. The Mayor/President, any two (2) Council Members or the City Manager may call special meetings of the Council. The Mayor/President, any two (2) Council Members or the City Manager may call emergency meetings upon at least six (6) hours' written notice. The meetings of the Council and sessions of committees of the Council shall be public. A majority of the members shall constitute a quorum, but a majority vote of all the members elected shall be required to pass any measure or elect to any office.

(Code 1958, 2.5(1) & (2); Code 1980, 2-18 & 2-19; Ord. No. 6209, 12-23-96; Ord. No. 7140, 12-28-2004; Ord. No. 7861, 12-10-2013; Ord. No. 8324, § 1, 2-12-2019)

State Law reference— Similar provisions, Neb. Rev. Stat. 19-615; Neb. Rev. Stat. §84-1408, et seq.; Emergency meetings without notice, Neb. Rev. Stat. 84-1411(4)

Except as otherwise specifically provided herein, the conduct of the meetings of the Council shall be governed and controlled by the latest edition of Robert's Rules of Order.

(Code 1980, 2-20)

Three (3) members of the Council shall constitute a quorum. A majority vote of all members elected shall be required to pass any measure or elect to any office.

(Code 1958, 2.5(3); Code 1980, 2-21)

State Law reference— Similar provisions, Neb. Rev. Stat. 16-401

At the hour appointed for a Council meeting, the Clerk shall proceed to call the roll of members, and announce whether a quorum be present. Upon the appearance of a quorum, the Council shall be called to order by the Mayor/President, if present. Should the Mayor/President be absent, the Council shall be called to order by the Vice President of the Council. In the absence of both Mayor/President and Vice President, one (1) of the Council Members present shall be elected president pro tempore.

(Code 1958, 2.5(4); Code 1980, 2-22)

Upon being called to order, the Council shall proceed to business which shall be conducted in the following order:

I.

Routine business:

1.

Invocation (Mayor/President or designee of Kearney Ministerial Association);

2.

Pledge of Allegiance;

3.

Roll call;

4.

Oral communication - Recognition of visitors;

II.

Unfinished business;

III.

Public hearing(s);

IV.

Consent agenda. To include, as a minimum, the following:

1.

Minutes of previous meeting;

2.

Claims;

V.

Consent agenda - Ordinances;

VI.

Regular agenda;

VII.

Reports;

VIII.

Adjournment.

The City Manager or his/her duly appointed designee shall be responsible for the preparation of the agenda. Anyone wishing to address the Council during "Oral Communications" must contact the City Clerk not later than 24 hours prior to the scheduled commencement of the meeting, must clearly state the subject to be discussed during "Oral Communications" and will be allowed no more than five (5) minutes speaking time per meeting during "Oral Communications."

Any item on the consent agenda may, at the request of any single Council Member, be removed from the consent agenda and considered as a separate item under the regular agenda section of the agenda.

(Code 1958, 2.5(4); Ord. No. 3431, 1, 9-8-81; Ord. No. 4050, 1, 11-8-88; Ord. No. 4067, 1, 2-14-89; Code 1980, 2-23; Ord. No. 5615, 6-8-93)

The Mayor/President may refer to any order of business after passing it on the agenda if there are no objections by any member of the Council.

(Code 1958, 2.5(5); Code 1980, 2-24)

The Mayor/President shall preserve order and decorum at Council meetings and shall decide all questions of order, subject to an appeal to the Council. When a member is called to order, he/she shall remain silent until the point is decided. While the Mayor/President is putting the question, no member shall leave the council room. When two (2) or more members at once attempt to speak at a meeting, the Mayor/President shall name the member who is first to speak.

(Code 1958, 2.5(6); Code 1980, 2-25)

All resolutions and motions shall be reduced to writing before being acted upon if so required by any member of the Council. Every member who is present at a meeting when a question is stated by the presiding officer shall vote thereon unless excused by a majority of the Council present or having excused themselves due to a conflict of interest. The Council Member shall state clearly the basis or reason of the conflict of interest. No motion shall be put or debated unless it be seconded. When seconded, it shall be stated by the presiding officer before it shall be debatable.

(Code 1958, 2.5(11); Code 1980, 2-29)

State Law reference— Similar provisions, Neb. Rev. Stat. §16-404

In all cases where a motion or a resolution is entered on the minutes of the Council, the name of the member moving or introducing the same shall be entered also.

(Code 1958, 2.5(13); Code 1980, 2-31)

The yeas and nays upon any question shall be taken and entered on the minutes.

(Code 1958, 2.5(14); Code 1980, 2-32)

A resolution, ordinance or motion may be withdrawn by the mover, with the consent of the member who seconded it, before the same shall be voted upon.

(Code 1958, 2.5(16); Code 1980, 2-33)

When a blank is to be filled and different sums of money or times are proposed, the question shall be put on the largest sum and longest time.

(Code 1958, 2.5(17); Code 1980, 2-34)

A motion to reconsider shall be in order when made by a member voting with the majority, but such motion to reconsider must be made before the expiration of the third (3rd) regular meeting after the consideration of the same question.

(Code 1958, 2.5(18); Code 1980, 2-35)

When a question is under debate, no motion shall be made, entertained or seconded, except the following privileged motions:

A.

The previous question;

B.

To lay on the table;

C.

To adjourn.

Each of such privileged motions shall be decided without any debate.

(Code 1958, 2.5(19); Code 1980, 2-36)

Any rule of the Council may be suspended by a two-thirds (2/3) vote of the members present.

(Code 1958, 2.5(20); Code 1980, 2-37)

The Council may reprimand or censure its members for any breach of trust or disorderly behavior.

(Code 1958, 2.5(15); Code 1980, 2-38)

State Law reference— Similar provisions, Neb. Rev. Stat. §84-1408, et seq.

Any motion, resolution, ordinance or other matter under consideration, with the specific exception of claims filed against the City, tabled by a motion of the Council, if not subsequently removed from the table and acted upon by the Council prior to the adjournment of the third (3rd) regular meeting following the meeting at which the matter was tabled, shall be automatically extinguished and voided. Claims presented to the Council may be tabled indefinitely.

(Code 1980, 2-40; Ord. No. 5026, 1, 7-11-89; Ord. No. 5157, 1, 8-28-90)

State Law reference— Similar provisions, Neb. Rev. Stat. §84-1408, et seq.

Council members may remain seated at all times during the meeting unless required to rise to speak by the presiding officer.

State Law reference— Similar provisions, Neb. Rev. Stat. §84-1408, et seq.

The chief executive officer of the City shall be a City manager, who shall be responsible for the proper administration of all affairs of the City. The City Manager shall be chosen by the Council for an indefinite period, solely on the basis of administrative qualifications, and need not be a resident of the City or state when appointed. He/she shall hold office at the pleasure of the Council, and receive such salary as it shall fix by resolution. During the absence or disability of the City Manager, the Council shall designate an emergency chain of command of subordinate officers who the City Manager may appoint while he/she is temporarily absent or disabled to perform the duties of the office.

(Code 1958, 2.24; Code 1980, 2-100)

State Law reference— Similar provisions, Neb. Rev. Stat. 19-645

The powers and duties of the City Manager shall be (1) to see that the laws and ordinances are enforced, (2) to appoint and remove all heads of departments and all subordinate officers and employees in the departments in both the classified and unclassified service, which appointments shall be upon merit and fitness alone, and in the classified service all appointments and removals shall be subject to the civil service provisions of the Civil Service Act, (3) to exercise control over all departments and divisions thereof that may be created by the Council, (4) to attend all meetings of the Council with the right to take part in the discussion, but not to vote, (5) to recommend to the Council for adoption such measures as he/she may deem necessary or expedient, (6) to prepare the annual budget and keep the Council fully advised as to the financial condition and needs of the City, and (7) to perform such other duties as may be required of him/her by ordinance or resolution of the Council.

State Law reference— Similar provisions, Neb. Rev. Stat. 19-646

The City Manager may investigate at any time the affairs of any department or the conduct of any officer or employee. The City Manager, or any person or persons appointed by him/her for the purpose, shall have the same power to compel the attendance of witnesses and the production of books and papers and other evidence, and to punish for contempt, which has herein been conferred upon the Council.

State Law reference— Similar provisions, Neb. Rev. Stat. 19-647

It shall be the duty of the City Clerk or his/her designee to attend every meeting of the Council and keep a correct journal of the proceedings thereof. Whenever required by the Mayor/President, two (2) members of the Council, or the City Manager, the City Clerk shall deliver a notice to the members of the Council of any special meeting thereof, and shall notify any and all committees of the Council of the business entrusted to them.

The Clerk shall keep and carefully preserve all papers and books which may come into his/her possession as Clerk, filing and arranging them in a manner convenient for reference.

The Clerk shall have custody of all laws and ordinances and shall keep the seal of the City and duly attest thereby the Mayor/President's signature to all ordinances and all deeds and papers required to be attested, when ordered by the Council.

The Clerk shall keep a register of all licenses granted and the purpose for which they were issued, and report to the Council at every meeting. At the beginning of each month, he/she shall, if required by the Council, furnish the Police Department with a true copy of the register of all licenses then in force. He/she shall issue licenses and collect license fees connected therewith as provided by the laws of Nebraska or the City.

Within thirty (30) days after any meeting of the Council, the Clerk shall prepare and publish the proceedings of the Council in a legal newspaper, or more than one (1) legal newspaper if directed by the Council. The charge for said publication shall not exceed the rates provided by law. The publication charge shall be paid and allowed as other claims against the General Fund.

Wherever the Clerk is required to issue licenses, occupation tax receipts, or permits, the Director of Finance shall collect the amount required to be paid by the applicant therefor.

The Clerk shall have such additional duties and receive such salary as the Council may prescribe.

(Ord. No. 8375, § 1, 9-10-2019)

State Law reference— Similar provisions, Neb. Rev. Stat. 16-317, § 19-1102 through 19-1104

The City Clerk shall publish the official proceedings of each meeting, including the amount of each claim allowed, the purpose of the claim, and the name of the claimant, except that the aggregate amount of all payroll claims may be included as one (1) item. Between July fifteenth (15th) and August fifteenth (15th) of each year, the employee job titles and the current annual, monthly, or hourly salaries corresponding to such job titles shall be published.

State Law reference— Similar provisions, Neb. Rev. Stat. 19-1102

The City Attorney shall be the legal advisor of the Council and City officers. The City Attorney shall commence, and defend all suits and actions necessary to be commenced, or defended on behalf of the City, or that may be ordered by the Council. He/she shall attend meetings of the Council and give them his/her opinion upon any matter submitted to him/her, either orally or in writing as may be required. He/she shall draw all ordinances, contracts and other documents requested by the Mayor/President and Council. The Mayor/President and Council shall have the right to employ additional legal assistance and to pay for such legal assistance out of the funds of the City.

State Law reference— Similar provisions, Neb. Rev. Stat. 16-319

The City Physician shall be a member of the Board of Health and shall perform all duties devolving upon him/her in such capacity. It shall be his/her duty, upon the request of a department chief, in all cases of injury to the person, in cases wherein a liability for such injury may be asserted against the City, to investigate such injury and the extent thereof and the circumstances and condition of the person so injured, and report the same in writing with such other particulars as may have come to his/her knowledge relating to such injury to the Mayor/President. He/she shall perform such other duties as may be required of him/her by the Mayor/President and Council.

The City Physician shall exercise special care with regard to the sanitary conditions of the City, and shall from time to time report to the Mayor/President and Council such measures and recommendations in relation thereto as he/she may deem proper.

State Law reference— Similar provisions, Neb. Rev. Stat. 16-238, 16-308

The City Manager may, at his/her discretion, by ordinance combine and merge any elective or appointive office or employment, or any combination of duties of any such offices or employments, except Mayor/President and Council Member, with any other elective or appointive office or employment so that one (1) or more of such offices or employments or any combination of duties of any such offices or employments may be held by the same officer or employee at the same time. The offices or employments so merged and combined shall always be construed to be separate and the effect of the combination or merger shall be limited to a consolidation of official duties only. The salary or compensation of the officer or employee holding the merged or combined offices or employments shall not be in excess of the maximum amount provided by law for the salary or compensation of the office, offices, employment or employments so merged and combined.

State Law reference— Similar provisions, Neb. Rev. Stat. 16-305

A.

All official bonds of officers of the City of Kearney shall be made payable to the City in which the officers giving such bonds shall be elected or appointed, in such penalty as the City Council may fix. In place of the individual bonds required to be furnished by municipal officers, a schedule, position, blanket bond or undertaking, or evidence of equivalent insurance may be given by municipal officers, or a single corporate surety fidelity, schedule, position, or blanket bond or undertaking, or evidence of insurance coverage covering all the officers, including officers required by law to furnish an individual bond or undertaking, may be furnished. The municipality may pay the premium for the bond or insurance coverage. The bond or insurance coverage shall be, at a minimum, an aggregate of the amounts fixed by law or by the City Council authorized by law to fix the amounts and with such terms and conditions as may be required.

B.

Each Council Member, before entering upon the duties of his or her office, shall be required to give bond or evidence of equivalent insurance to the City. The bond shall be with two or more good and sufficient sureties or some responsible surety company. If by two sureties, they shall each justify that he or she is worth at least two thousand dollars ($2,000.00) over and above all debts and exemptions. Such bonds or evidence of equivalent insurance shall be in the sum of one thousand dollars ($1,000.00) and shall be conditioned for the faithful discharge of the duties of the Council Member giving such bond or insurance, and shall be further conditioned that if the Council Member shall vote for any expenditure or appropriation of money or creation of any liability in excess of the amount allowed by law, such Council Member, and the sureties signing such bond, shall be liable thereon. The bond shall be filed with the City Clerk and approved by the Mayor, and upon the approval, the City may pay the premium for such bond. Any liability sought to be incurred, or debt created in excess of the amount limited or authorized by law, shall be taken and held by every court of the state as the joint and several liability and obligation of the Council Member voting for and the Mayor approving such liability, obligation, or debt, and not the debt, liability, or obligation of the city. Voting for or approving of such liability, obligation, or debt shall be conclusive evidence of malfeasance in office for which such Council Member or Mayor may be removed from office.

(Ord. No. 7496, 12-23-2008)

State Law reference— Similar provisions, Neb. Rev. Stat. §§11-103 through 11-118, §16-219, §16-304

The City Manager shall give a bond in the penal sum of five thousand dollars ($5,000.00) and the Director of Finance shall give a bond in the penal sum of five thousand dollars ($5,000.00) or evidence of equivalent insurance. The premium of the Officers bond shall be paid by the City.

(Ord. No. 7313, 12-12-2006; Ord. No. 7496, 12-23-2008; Ord. No. 8375, § 2, 9-10-2019)

State Law reference— Similar provisions, Neb. Rev. Stat. §16-318 and §19-648

All officials of the City, whether elected or appointed, except when a different oath is specifically provided herein, shall, before entering upon their respective duties, take and subscribe the following oath which shall be endorsed upon their respective bonds:

"I _______ do solemnly swear that I will support the Constitution of the United States and the Constitution of the State of Nebraska against all enemies, foreign and domestic; that I bear true faith and allegiance to the same; that I take this obligation freely, and without mental reservation, or for the purpose of evasion; and that I will faithfully and impartially perform the duties of the office of _______ according to law, and to the best of my ability. And I do further swear that I do not advocate, nor am I a member of any political party or organization that advocates the overthrow of the government of the United States or of this State by force or violence; and that during such time as I am in this position I will not advocate, nor become a member of any political party or organization that advocates the overthrow of the government of the United States or of this State by force or violence. So help me God."

The affirmation of a person conscientiously scrupulous of taking an oath shall have the same effect.

State Law reference— Similar provisions, Neb. Rev. Stat. §11-101, 11-101.03

Every officer and employee of the City or of any of its boards, commissions or departments shall promptly and fully account for and deliver to his/her successor or as otherwise directed by the City Manager, all money, equipment and other property of the City which he/she has in his/her possession or has received from the City during his/her term of office or employment.

There shall be owned by the City and kept in the office of the City Clerk a common seal of the corporation having engraved thereon the words "City of Kearney, Buffalo County, Nebraska, Seal."

(Code 1958, 1.21; Code 1980, 2-1)

State Law reference— City seal, Neb. Rev. Stat. 16-115

The City Clerk shall affix an impression of the corporate seal to all warrants, licenses, ordinances and all papers issued by order of the Mayor/President and Council, which are to be signed by the Mayor/President and countersigned by the City Clerk.

(Code 1958, 1.22; Code 1980, 2-2)

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

State Law reference— Similar provisions, Neb. Rev. Stat. 84-1409(2)

Public Body, as used in this Article, shall mean:

A.

The City Council,

B.

All independent boards, commissions, bureaus, committees, councils, subunits, or any other bodies, now or hereafter created by the Constitution of Nebraska, statute or otherwise pursuant to law, ordinance or resolution,

C.

Advisory committees of the bodies listed above, and

D.

Any instrumentalities exercising essentially public functions.

This Article shall not apply to subcommittees of such bodies unless a quorum of the public body attends a subcommittee meeting, or unless such subcommittees hold hearings, make policy, or take formal action on behalf of their parent body.

State Law reference— Similar provisions, Neb. Rev. Stat. 84-1409(1)

All public meetings shall be held in a building which shall be open to attendance by the public and in which the public body usually holds such meetings unless the publicized notice hereinafter required shall designate some other public building or other specified place. The advance publicized notice of all public convened meetings shall be transmitted to all members of the public body and to the public by a method designated by the public body. Such notice shall contain the time and specific place for each meeting and either an enumeration of the agenda subjects known at the time of the notice, or a statement that such an agenda kept continually current shall be available for public inspection at the office of the City Clerk. The public body shall have the right to modify the agenda to include items of an emergency nature only at the public meeting when convened. The minutes of the public body shall include the record of the manner and advance time by which the advance publicized notice was given, a statement of how the availability of an agenda of the then known subjects was communicated, the time and specific place of the meetings, the names of each member of the public body present or absent at each convened meeting, and the substance of all matters discussed. The minutes of the public body shall be a written public record open to inspection by the public within ten (10) working days after a meeting or prior to the next convened meeting, whichever occurs earlier, upon request at any reasonable time during normal business hours at the office of the City Clerk. Any official action on any question or motion duly moved and seconded shall be taken only by roll call vote of the public body in open session. The record of the City Clerk shall show how each member voted, or that the member was absent and did not vote.

Formal actions taken at any public meeting not in conformity with the provisions of this section may be deemed to be void, or voidable by the District Court. Any official who shall knowingly violate or conspire to violate the provisions of this section shall be deemed to be guilty of a misdemeanor. Nothing herein shall be construed to apply to any preliminary interview or recruitment of prospective officials or employees.

State Law reference— Similar provisions, Neb. Rev. Stat. §84-1408 through 84-1413

Any public body may hold a closed session by the affirmative vote of a majority of its voting members if a closed session is clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual and if such individual has not requested a public meeting. Closed sessions may be held for, but shall not be limited to, such reasons as:

A.

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

B.

Discussion regarding deployment of security personnel or devices;

C.

Investigative proceedings regarding allegations of criminal misconduct; or

D.

Evaluation of the job performance of a person, etc.

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

The vote to hold a closed session shall be taken in open session. The vote of each member on the question of holding a closed session, the reason for the closed session, and the time when the closed session commenced and concluded shall be recorded in the minutes. The meeting shall be reconvened in open session before any formal action may be taken.

For purposes of this section, formal action shall mean a collective decision or a collective commitment or promise to make a decision on any question, motion, proposal, resolution, order or ordinance or formation of a position or policy.

Any member of any public body shall have the right to challenge the continuation of a closed session if the member determines that the session has exceeded the reason stated in the original motion to hold a closed session if the member determines that the session has exceeded the reason stated in the original motion to hold a closed session or if the member contends that the closed session is neither clearly necessary for (a) the protection of the public interest or (b) the prevention of needless injury to the reputation of an individual. Such challenge shall be overruled only by a majority vote of the members of the public body. Such challenge and its disposition shall be recorded in the minutes.

State Law reference— Similar provisions, Neb. Rev. Stat. 84-1410

When it is necessary to hold an emergency meeting without reasonable advance public notice, the nature of the emergency shall be stated in the minutes and any formal action taken in such meeting shall pertain only to the emergency. Such emergency meetings may be held by means of electronic or telecommunication equipment. The provisions of section 1-607 of this Article shall be complied with in conducting emergency meetings.

State Law reference— Similar provisions, Neb. Rev. Stat. 84-1411

Any action taken on any question or motion duly moved and seconded shall be by roll call vote of the public body in open session, and the record of the Clerk shall state how each member voted, or if the member was absent or not voting. The requirements of a roll call or viva voce vote shall be satisfied by the City utilizing an electronic voting device which allows the yeas and nays of each member of the Council to be readily seen by the public.

The vote to elect leadership within a public body may be taken by secret ballot, but the total number of votes for each candidate shall be recorded in the minutes.

State Law reference— Similar provisions, Neb. Rev. Stat. 16-503, 84-1413

The City Clerk, Secretary, or other designee of each public body shall maintain a list of the news media requesting notification of meetings and shall make reasonable efforts to provide advance notification to them of the time and place of each meeting, and the subjects to be discussed at that meeting.

State Law reference— Similar provisions, Neb. Rev. Stat. 84-1411

Subject to the provisions of this Article, the public shall have the right to attend and the right to speak at meetings of public bodies and all or any part of a meeting of a public body may be recorded by any person in attendance by means of a tape recorder or any other means of sonic reproduction or in writing.

Any public body may make and enforce reasonable rules and regulations regarding the conduct of persons attending its meetings and regarding their privilege to speak. A body is not required to allow citizens to speak at each meeting, nor may it forbid public participation at all meetings.

State Law reference— Similar provisions, Neb. Rev. Stat. §84-1408, 84-1412

The Council shall have the responsibility of making all ordinances, by-laws, rules regulations, and resolutions, not inconsistent with the laws of the State, as may be necessary and proper for maintaining the peace, good government, and welfare of the City and its trade, commerce, and security.

State Law reference— Similar provisions, Neb. Rev. Stat. §16-403, 16-404

All ordinances shall be passed pursuant to such rules and regulations as the Council may provide. All ordinances may be proven by the certificate of the City Clerk under the seal of the City. The passage, approval, and publication or posting of any ordinance shall be sufficiently proven by a certificate under the seal of the City from the Clerk showing that such ordinance was passed and approved, and when and in what paper the same was published. The Municipal Code shall be received as evidence of the passage and legal publication of its contents in all courts without further proof.

State Law reference— Similar provisions, Neb. Rev. Stat. 16-403

All ordinances, resolutions, or orders for the appropriation or payment of money shall require for their passage or adoption the concurrence of a majority of all members elected to the Council.

State Law reference— Similar provisions, Neb. Rev. Stat. 16-404

Ordinances of a general or permanent nature shall be read by the title on three (3) different days. This requirement may be suspended by three-fourths (¾) vote of the Council, in such case said ordinance may be read by title or number and then moved for final passage. Three-fourths (¾) of the Council may require any ordinance to be read in full before final passage under either process.

(Code 1958, 2.5(4); Code 1980, 2-49)

State Law reference— Similar provisions, Neb. Rev. Stat. 16-404

All ordinances of a general nature shall be published one (1) time within fifteen (15) days after they are passed in some newspaper in or of general circulation in the City, or in pamphlet form as provided in Section 1-709.

State Law reference— Similar provisions, Neb. Rev. Stat. 16-405, 19-3701

The style of all City ordinances shall be:

"Be it ordained by the Mayor and Council of the City of Kearney, Nebraska."

State Law reference— Similar provisions, Neb. Rev. Stat. 16-405

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

State Law reference— Similar provisions, Neb. Rev. Stat. 16-404

In the case of riot, infectious or contagious diseases, or other impending danger or any other emergency requiring its immediate operation, such ordinance shall take effect upon the proclamation of the Mayor/President, and the posting thereof in at least three (3) of the most public places in the City. Such emergency notice shall recite the emergency and be passed by a three-fourths (3/4) vote of the Council, and entered upon the City Clerk's minutes.

State Law reference— Similar provisions, Neb. Rev. Stat. 16-405

In all cases where an ordinance is passed and approved by the Mayor/President and Council and the ordinance provides that the same shall be published in pamphlet form, it shall be the duty of the City Clerk to have the ordinances published in pamphlet form and to sign a certificate on the original ordinance certifying the day upon which he/she received the ordinance from the printer. It shall be the duty of the City Clerk to place copies of the ordinance in the office of the City Clerk for distribution to the public. The City Clerk shall state in the paragraph of the minutes of the meeting showing the passage of the ordinance that copies of the ordinance upon publication in pamphlet form may be obtained by the public at the office of the City Clerk. The certificates on the published pamphlet shall certify that the ordinance was passed, state the sections of the general ordinance under which it will be known, that the ordinance is published by authority of the Mayor/President and Council and the date upon which the same will be first available to the public.

(Code 1958, 2.6; Code 1980, 2-50)

State Law reference— Publication in pamphlet form, Neb. Rev. Stat. 16-247, 16-403, 16-405, 18-132

The City shall hold its municipal elections in accordance with the provisions of Chapter 32 of the Revised Statutes of Nebraska.

(Code 1958, 2.4-2; Code 1980, 12-1)

The City accepts and makes a part of this Code Chapter 18, Article 25 of the Revised Statutes of Nebraska relating to initiative and referendum.

(Code 1958, 2.44; Code 1980, 2-51)

The City Council shall cause to be published semi-annually a statement of the receipts of the City and the sources thereof and an itemized account of the expenditures and the financial condition of the City.

State Law reference— Similar provisions, Neb. Rev. Stat. 13-501, 16-722

Should any judgment be obtained against the City, the Mayor/President and the committee on finances, with the sanction of the Council, may borrow a sufficient amount to pay the same for a period of time not to extend beyond the close of the next fiscal year. The Council shall then add to the amount authorized to be raised in the general tax levy the sum and interest accrued of the judgment.

State Law reference— Similar provisions, Neb. Rev. Stat. 16-706

All special assessments provided for by the laws of the state shall become due fifty (50) days after the date of levy and may be paid within that time without interest. If not so paid, they shall bear interest at a rate to be determined by resolution of the Council until the date of delinquency. Such assessments shall become delinquent in equal annual installments over such period of years as the Council may determine at the time of making the levy. Delinquent assessments shall bear interest at the maximum rate allowed by the laws of the State until paid and shall be collected in the usual manner for the collection of general taxes and shall be subject to the same penalty.

(Ord. No. 3263, 1, 8-12-80; Ord. No. 3737, 1, 4-9-85; Code 1980, 2-4)

Notice that special assessments are due shall be mailed or otherwise delivered to the last-known address of the person against whom such special assessments are assessed or the lending institution or the party responsible for paying such special assessments.

(Ord. No. 5160, 1, 9-11-90; Code 1980, 2-5)

State Law reference— Similar provisions, Neb. Rev. Stat. 19-4501

Salaries of officers and employees of the Municipality shall be in such amount as the Council shall fix by ordinance; provided, that after the Council has adopted a wage and salary schedule with appropriate employee classifications and wage ranges for each classification, by ordinance, such ordinance shall be sufficient for all changes in salary for City employees included thereunder without further ordinances being passed, approved, and published. All salaries shall be on file at the office of the City Clerk and available for public inspection at any reasonable time.

(Code 1958, 2.65; Code 1980, 2-77)

For purposes of this section, "Officer" shall mean (a) any member of any Board or Commission of the City, (b) any Appointed Official if such Municipal Official (i) serves on a Board or Commission which spends and administers its own funds and (ii) is dealing with a contract made by such Board or Commission, or (c) any elected City Official. Unless specified otherwise, volunteer firefighters shall not be considered officers for purposes of this section, with respect to their duties as firefighters.

No officer of the City shall be permitted to benefit from any contract to which the City is a party. The existence of such an interest in any contract renders the contract voidable by decree of a court of competent jurisdiction as to any person who entered into the contract or took assignment thereof with actual knowledge of the prohibited conflict. An action to have a contract declared void under this section may be brought by the City or by any resident thereof and must be brought within one (1) year after the contract is signed or assigned. Any such decree may provide for the reimbursement of any person for the reasonable value of all money, goods, material, labor, or services furnished under the contract, to the extent that the City has benefited thereby. The prohibition in this section shall apply only when the officer or his/her parent, spouse, or child (a) has a business with which the individual is associated or business association which shall mean a business: (1) in which the individual is a partner, director, or officer or (2) in which the individual or a member of the individual's immediate family is a stockholder of a closed corporation stock worth one thousand dollars ($1,000.00) or more at fair market value or which represents more than five percent (5%) equity interest, or is a stockholder of publicly traded stock worth ten thousand dollars ($10,000.00) or more at fair market value or which represents more than ten percent (10%) equity interest or (b) will receive a direct pecuniary fee or commission as a result of the contract; provided however, if such officer (a) is an employee of the business involved in the contract and (b) has no ownership interest or will not receive a pecuniary fee such officer shall not be deemed to have an interest within the meaning of this section.

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

A.

Makes a declaration on the record to the City responsible for approving the contract regarding the nature and extent of his/her interest, prior to official consideration of the contract;

B.

Does not vote on the matter of granting the contract, except that if the number of members of the Board declaring an interest in the contract would prevent the Board, with all members present, from securing a quorum on the issue, then all members may vote on the matter; and

C.

Does not act for the City as to inspection or performance under the contract in which he/she has an interest.

The receiving of deposits, cashing of checks, and buying and selling of warrants and bonds of indebtedness of any City by a financial institution shall not be considered a contract under the provisions of this section. The ownership of less than five percent (5%) of the outstanding shares of a corporation shall not constitute an interest within the meaning of this section. Notwithstanding the provisions of subsections A through C above, 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/her parent, spouse, or child for special action. If an officer has the power to employ personnel and he/she hires his/her parent, spouse, or child, such officer shall disclose the hiring pursuant to subsections 1 through 5 below, except that if the parent, spouse, or child is already employed in the position at the time the officer takes office and such position does not change, no disclosure need be made. Notwithstanding any other provision of this section, any contract entered into with an interested officer shall be subject to applicable competitive bidding requirements and shall be fair and reasonable to the City.

The City Clerk shall maintain, separately from other records, a ledger containing the information listed in subsections 1 through 5 of this section about every contract entered into by the City in which an officer has an interest as specified above for which disclosure is made as provided in subsections A through C above. Such information shall be kept in the ledger for five (5) years from the date of the officer's last day in office and shall include the:

1.

Names of the contracting parties;

2.

Nature of the interest of the officer in question;

3.

Date that the contract was approved by the City involved;

4.

Amount of the contract; and

5.

Basic terms of the contract.

The information supplied relative to the contract shall be provided to the Clerk not later than ten (10) days after the contract has been signed by both parties. The ledger kept by the Clerk shall be available for public inspection during the normal working hours of the office in which it is kept.

An open account established for the benefit of any City or entity thereof, with a business in which an officer has an interest, shall be deemed a contract subject to the provisions of this section. The statement required to be filed pursuant to this section shall be filed within ten (10) days after such account is opened. Thereafter, the Clerk shall maintain a running account of all amounts purchased on the open account. Purchases made from petty cash or a petty cash fund shall not be subject to the provisions of this section.

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

State Law reference— Similar provisions, Neb. Rev. Stat. 14-101; 16-502, §18-305 through 18-312, §49-14,101 through 49-14,103.03

A.

In accordance with the terms and conditions of the Nebraska General Emergency Succession Act, sections 84-1101 to 84-1117, Revised Statutes of Nebraska, Supplement, 1959, hereinafter referred to as "act," the Mayor/President and Council declare that it is necessary and advisable to invoke the provisions of such act in the City.

B.

The provisions of the act referred to in subsection A of this section are hereby invoked in this City; and, from and after the date of August 8, 1961, shall become and be binding upon the officers of the City, whether now in office or hereafter elected or appointed, including, but not necessarily limited to the following: Each member of the Council; each member of the Civil Service Commission; the City Manager; Chief of Police; Fire Administrator; Director of Finance; City Attorney; Director of Public Works; and Director of Utilities.

(Code 1958, 2.67; Code 1980, 2-78; Ord. No. 8383, § 1, 10-22-19)

A.

Definitions. For the purposes of this section, the term "officer" shall include any elected or appointed official of the City; the term "employee" shall include all employees of the City, whether under civil service or not; and the term "malicious acts" shall mean the willful intentional doing of a wrongful act without justification or excuse in order to purposely injure another person.

B.

Right to Indemnification. The City shall indemnify its officers and employees, including Council Members and its past officers, against any judgment or settlement for money damages and costs as a result of an act or omission occurring in the course and scope of employment or official performance of duty of such officer or employee, including Council Members (after January 1, 1983). Such official's, employee's, and Council Member's right to indemnification shall not exceed the amount subject to collection by a party directly from the said official, employee, or Council Member.

C.

Applicability; Interpretation. The provisions of subsection B of this section shall not apply in the case of illegal or malicious acts in office or willful or wanton neglect of duty. This section shall not be interpreted as an expansion of any officer's, employee's or Council Member's personal liability.

D.

Notice. The provisions of this section shall apply only where the City has been given notice of any actions brought against any City employee or officer based upon any action of such employee or officer within the scope of his/her authority as such.

E.

Conflict of Interest. Nothing in this section or in any ordinance of the City, and nothing in any agreement with the City Attorney shall be construed to require the City Attorney to provide legal services in any manner which would cause the Attorney to be involved in a conflict of interest.

F.

Defense in Actions. Among the duties of the City Attorney shall be that of representing as counsel, without charge to the persons involved, any City officer or employee in connection with any claim, suit for damages, or other action against such officer or employee of his/her public duties; provided that such employee or officer may have his/her own counsel to assist in the defense, at the expense of the employee or officer. In the event that the City Attorney is in a conflict, the Council may authorize and pay for retention of private counsel.

G.

City's Defenses. Nothing in this section shall be construed as waiving the City's defense of governmental immunity to it or its employees or officers in any action brought against the City or such officer or employee.

(Ord. No. 4065, §1-7, 1-24-89; Code 1980, 2-79)

State Law reference— Similar provisions, Neb. Rev. Stat. 13-1801

Any elected officer of the City may be charged, tried and removed from office for official misconduct in the manner and for the causes following:

A.

For habitual or willful neglect of duty;

B.

For gross partiality;

C.

For oppression;

D.

For extortion;

E.

For corruption;

F.

For malfeasance in office; or

G.

For conviction of a felony.

(Code 1958, 2.7; Code 1980, 2-86)

Any person may make a charge under the provisions of the preceding section in writing and under oath, specifying the nature of the misconduct or malfeasance and file the same with the City Clerk. Such charge and specifications shall be read at the first (1st) regular meeting of the Council, or at any special meeting called for that purpose, and a copy of such charge, certified by the Clerk, together with a notice to show cause at the meeting of the Council why he/she should not be removed from office, shall be served upon the officer so accused, at least five (5) days before the time fixed to show cause; provided, that any police officer of the City, without any complaint being filed against him/her as provided in this Article, may be summarily removed from office by the City Manager.

(Code 1958, 2.8; Code 1980, 2-87)

The notice provided for in section 1-1006 of this Code may be served by any police officer of the City and the return of such officer shall be sufficient evidence of the service of the same. Service and return of every such notice shall be made in the manner provided by law.

(Code 1958, 2.11; Code 1980, 2-88)

In case any officer accused as provided by the preceding section shall neglect to appear and file a denial in writing, or render a satisfactory reason for not doing so, at the time and place he/she was notified to appear before the Council, the charge and specifications shall be taken as true and the Council shall declare the office vacant.

(Ord. No. 2723, 1, 10-11-77; Code 1980, 2-89)

In case any officer accused as provided by this Article shall file a denial of the charge and specifications in writing, the Council may forthwith proceed to try such officer and if, after the trial, the Council shall be satisfied that such officer has been guilty of the offense charged, it shall cause such finding to be entered upon the records and declare the office vacant.

(Ord. No. 2723, 2, 10-11-77)

The proceedings at the trial of any person under the provisions of this Article shall be as nearly like those in ordinary actions at law as the nature of the case will admit, and it shall be the duty of the City Attorney, if so directed by the Council, to prosecute the case against the accused officer, or the Council may employ such special assistant attorneys as it may deem necessary to act as prosecutors.

(Code 1958, 2.12; Code 1980, 2-91)

(Code 1958, 2.32; Code 1980, 2-119; Ord. No. 8384, § 1, 10-22-19)

(Code 1958, 2.33; Code 1980, 2-120; Ord. No. 8384, § 2, 10-22-19)

(Code 1958, 2.34; Code 1980, 2-121; Ord. No. 8384, § 3, 10-22-19)

(Code 1958, 2.35; Code 1980, 2-122; Ord. No. 8384, § 4, 10-22-19)

(Code 1958, 2.36; Code 1980, 2-123; Ord. No. 8384, § 5, 10-22-19)

(Code 1958, 2.37; Code 1980, 2-124; Ord. No. 8384, § 6, 10-22-19)

(Code 1958, 2.38; Code 1980, 2-125; Ord. No. 8384, § 7, 10-22-19)

(Code 1958, 2.39; Code 1980, 2-126; Ord. No. 8384, § 8, 10-22-19)

The City is hereby authorized to join with any incorporated villages, cities or counties that are eligible and may wish to participate in the creation of the Buffalo County Council of Governments through the execution of an intergovernmental agreement. The Mayor/President is hereby authorized for and on behalf of the City, as its corporate act and deed under its corporate name and seal, to execute an agreement for participation by the City in the Buffalo County Council of Governments, which agreement shall be substantially in the words and figures set forth in that certain agreement.

(Code 1958, 2.4-1; Code 1980, 2-3)

The Civil Service Act shall apply only to full-time police officers and full-time firefighters of the City. 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.

(Ord. No. 3789, Art. I, 1, 10-8-85; Code 1980, 31-51; Ord. No. 5260, 5-28-91)

State Law reference— Similar provisions, Neb. Rev. Stat. 19-1829

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

(Ord. No. 3789, Art. I, 2, 10-8-85; Code 1980, 31-52)

It shall be the duty of the Council 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 the Civil Service Act. The City Manager may establish the rate of pay of any special counsel.

(Ord. No. 3789, Art. I, 3, 10-8-85; Code 1980, 31-53)

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.

(Ord. No. 3789, Art. I, 4, 10-8-85; Code 1980, 31-54)

State Law reference— Similar provisions, Neb. Rev. Stat. 19-1841

No commissioner or any other person shall by himself/herself or in cooperation with one (1) or more persons:

A.

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;

B.

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;

C.

Make any false representation concerning the same or concerning the persons examined;

D.

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

E.

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

(Ord. No. 3789, Art. I, 5, 10-8-85; Code 1980, 31-55)

State Law reference— Similar provisions, Neb. Rev. Stat. 19-1840

There is hereby created in the City of Kearney a Civil Service Commission consisting of three (3) members, each being 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.

(Ord. No. 3789, Art. II, 1, 10-8-85; Code 1980, 31-61)

State Law reference— Similar provisions, Neb. Rev. Stat. 19-1827

The members of the Civil Service Commission shall be appointed by the City Manager. At the time of any appointment, not more than two (2) members of the Civil Service Commission, including the one or ones appointed, shall be registered electors of the same political party.

(Ord. No. 3789, Art. II, 2, 10-8-85; Code 1980, 31-62)

The first persons appointed to the Civil Service Commission shall be for terms of two (2) years, four (4) years, and six (6) years respectively. Thereafter, all appointments shall be for six (6) years.

(Ord. No. 3789, Art. II, 3, 10-8-85; Code 1980, 31-63)

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 City Manager, except that no member of the Civil Service Commission shall be removed until written charges have been preferred, due notice given such member, and a full hearing had before the City Manager.

(Ord. No. 3789, Art. II, 4, 10-8-85; Code 1980, 31-64)

Members of the Civil Service Commission shall serve without compensation.

(Ord. No. 3789, Art. II, 5, 10-8-85; Code 1980, 31-65)

The Civil Service Commission shall hold meetings as may be required for the proper discharge of its duties.

(Ord. No. 3789, Art. II, 6, 10-8-85; Code 1980, 31-66)

The Civil Service Commission shall annually elect one of its members as chairperson.

(Ord. No. 3789, Art. II, 7, 10-8-85; Code 1980, 31-67)

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 (1) 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 Manager.

(Ord. No. 3789, Art. II, 8, 10-8-85; Code 1980, 31-68)

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

(Ord. No. 3789, Art. II, 9, 10-8-85; Code 1980, 31-69)

A.

The Commission shall adopt and promulgate procedural rules and regulations which shall provide in detail the manner in which examinations may be held and any other matters assigned to it by the City Manager. At least one (1) copy of the rules and regulations, and any amendments, shall be made available for examination and reproduction by members to the public. One (1) copy of the rules and regulations and any amendments shall be given to each full-time police officer and full-time firefighter.

B.

The Commission shall provide that all tests shall be practical and consist only of subjects which will fairly determine the capacity of persons who are to be examined to perform the duties of the position to which an appointment is to be made and may include, but not be limited to, tests of physical fitness and of manual skill and psychological testing.

C.

The Commission shall provide, by the rules and regulations, for a credit of ten percent (10%) in favor of all applicants for an appointment to an entry level position, as defined by the City Manager, under civil service who, in time of war or in any expedition of the Armed Forces of the United States, have served in and been honorably discharged from the Armed Forced of the United States and who have equaled or exceeded the minimum qualifying standards established by the City Manager.

D.

The Commission may conduct an investigation concerning and report upon all matters regarding the enforcement and effect of the Civil Service Act and the rules and regulations prescribed.

E.

The Commission may inspect all institutions, departments, positions, and employments affected by such Act to determine whether such Act and all such rules and regulations are being obeyed. The Commission shall also make a like investigation on the written petition of a citizen, duly verified, stating that irregularities or abuses exist or setting forth, in concise language, the necessity for such an investigation. The Commission may be represented in such investigations by the City Attorney, if authorized by the City Manager. If the City Attorney does not represent the Commission, the Commission may be represented by special counsel appointed by the Commission in any such investigation. In the course of such an investigation, the Commission or Chief Examiner shall have the power to administer oaths, issue subpoenas to require the attendance of witnesses and the production by them of books, papers, documents, and accounts appertaining to the investigation, and to cause the deposition of witnesses, residing within or without the State, to be taken in the manner prescribed by law for like depositions in civil actions in the courts of this State. The oaths administered and subpoenas issued shall have the same force and effect as the oaths administered by a district judge in a judicial capacity and subpoenas issued by the district courts of Nebraska. The failure of any person so subpoenaed to comply shall be deemed a violation of the Civil Service Act and be punished as such. No investigation shall be made pursuant to this section if there is a written accusation concerning the same subject matter against a person in the Civil Service. Such accusation shall be handled pursuant to Section 1-1220 of this Article.

F.

The Commission shall provide that all hearings and investigations before the Commission or Chief Examiner shall be governed by the Civil Service Act and the rules of practice and procedure to be adopted by the Commission. In the conduct thereof, they shall not be bound by the technical rules of evidence. No informality in any proceedings or hearing or in the manner of taking testimony shall invalidate any order, decision, rule or regulation made, approved or confirmed by the Commission.

G.

The Commission shall establish and maintain a roster of officers and employees.

H.

The Commission shall provide for, establish, and hold competitive tests to determine the relative qualifications of persons who seek employment in any position and, as a result thereof, establish eligible lists for the various positions.

I.

The Commission shall make recommendations concerning a reduction in force policy to the City Manager.

J.

The Commission shall keep such records as may be necessary for the proper administration of the Civil Service Act.

K.

The Commission, upon request of the City Manager, shall establish and maintain a list of names and addresses, for a period of time established by the City Manager, of those eligible for appointment to or promotion within the department.

L.

The Commission, upon request of the City Manager, shall certify the names of the persons who are the three (3) highest on the eligible list, following the most recent examination, and whose qualifications have been validated by the Commission for the vacant position.

M.

The Commission shall begin and conduct all civil suits which may be necessary for the proper enforcement of the Civil Service Act and of the rules of the Commission. The Commission may be represented in such suits and all investigations pursuant to the Act by the City Attorney if authorized by the City Manager. If the City Attorney does not represent the Commission, the Commission may be represented by special counsel appointed by it in any particular case.

(Ord. No. 3789, Art. II, 10, 10-8-85; Code 1980, 31-70; Ord. No. 5260, 5-28-91)

State Law reference— Similar provisions, Neb. Rev. Stat. 19-1830

All appointments to and promotions in the Police or full-time 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.

(Ord. No. 3789, Art. III, 1, 10-8-85; Code 1980, 31-76; Ord. No. 5260, 5-28-91)

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 positions established by the City Manager, and be of good moral character. An applicant shall be required to disclose his/her past employment history and his/her criminal record, if any. Prior to certifying to the City Manager the names of the persons eligible for the position or positions, the Commission shall validate the qualifications of such person.

(Ord. No. 3789, Art. III, 2, 10-8-85; Code 1980, 31-77)

A.

Considerations. If the City Manager fills a vacancy in a position subject to the Civil Service Act, he/she shall consider factors including, but not limited to:

1.

The multiple job skills recently or currently being performed by the applicant which are necessary for the position;

2.

The knowledge, skills, and abilities of the applicant which are necessary for the position;

3.

The performance appraisals of any applicant who is already employed in the department, including any recent or pending disciplinary actions involving the employee;

4.

The employment policies and staffing needs of the department together with contracts, ordinances, and statutes related thereto;

5.

Required Federal, State or local certifications or licenses necessary for the position; and

6.

The qualifications of the applicants who are already employed in the department and have successfully completed all parts of the examination for the position. No person shall be reinstated in or transferred, suspended, or discharged from any such position or employment contrary to the Civil Service Act.

B.

Procedure for Filling Vacant Positions. Whenever a position subject to the Civil Service Act becomes vacant, the City Manager shall make requisition upon the Commission for the names and addresses of the persons eligible for appointment and may decline to fill such vacancy for an indefinite period. If the Commission certifies fewer than three (3) names for each vacancy to the City Manager, the City Manager may appoint one (1) of such persons to fill the vacancy, may decline to fill the vacancy, or may order that another examination be held by the Civil Service Commission.

C.

Temporary Appointments. If a vacancy occurs and there is no eligible list for the position or if the Commission has not certified persons from the eligible list, a temporary appointment may be made by the City Manager. Such temporary appointment shall not continue for a period longer than four (4) months. No person shall receive more than one (1) temporary appointment or serve more than four (4) months as a temporary appointee in any one (1) fiscal year.

(Ord. No. 3789, Art. III, 3, 10-8-85; Code 1980, 31-78)

State Law reference— Similar provisions, Neb. Rev. Stat. §19-1829, 19-1835

To enable the City Manager to exercise the choice in the filling of positions, no appointment, employment, or promotions in any position in the service shall be deemed complete until after the expiration of a period of one (1) year after the date of hire, employment, appointment or promotion for police officers or six months for full-time firefighters, during which time the City Manager may terminate the employment of the person appointed by him/her if, during the performance test thus afforded and upon an observation or consideration of the performance of duty, the City Manager deems such person unfit or unsatisfactory for service in the department.

(Ord. No. 3789, Art. III, 4, 10-8-85; Ord. No. 3930, 1, 7-14-87; Code 1980, 31-79; Ord. No. 5260, 5-28-91)

State Law reference— Similar provisions, Neb. Rev. Stat. 19-1835

A.

Tenure of Employment. The tenure of a person holding a position of employment under the Civil Service Act shall be only during good behavior.

B.

Causes for Disciplinary Action. Any person subject to the Civil Service Act may be removed or discharged, suspended with or without pay, demoted, reduced in rank, or deprived of vacation, benefits, compensation, or other privileges, except pension benefits, for any of the following reasons:

1.

Incompetency, inefficiency, or inattention to or dereliction of duty;

2.

Dishonesty, prejudicial conduct, immoral conduct, insubordination, discourteous treatment of the public or a fellow employee, any act of omission or commission tending to injure the public service, any willful failure on the part of the employee to properly conduct himself/herself, or any willful violation of the Civil Service Act or the rules and regulations adopted pursuant to such Act;

3.

Mental or physical unfitness for the position which the employee holds;

4.

Drunkenness or the use of intoxicating liquors, narcotics, or any other habit-forming drug, liquor or preparation to such an extent that the use interferes with the efficiency or mental or physical fitness of the employee or precludes the employee from properly performing the functions and duties of his/her position;

5.

Conviction of a felony or misdemeanor tending to injure the employee's ability to effectively perform the duties of his/her position; or

6.

Any other act or failure to act which, in the judgment of the Civil Service Commissioners, is sufficient to show the offender to be an unsuitable and unfit person to be employed in the public service.

C.

Disciplinary Action Procedure.

1.

No employee in the civil service who shall have been permanently appointed or inducted into civil service shall be removed, suspended, demoted, or discharged, except for cause and then only upon the written accusation of the Police Chief or Fire Administrator in the case of firefighters, or City Manager, or any citizen or taxpayer.

2.

The written accusation shall set forth, in concise language, the alleged misconduct, charges, or grounds for investigation against the employee. The written accusation shall be filed by the complainant with the Secretary of the Commission who shall cause a copy of such written accusation to be delivered within seventy-two (72) hours after the filing (a) to the Police Chief, or Fire Administrator in the case of full-time firefighters, (b) to the City Manager, and (c) to the employee personally or by certified mail, addressed to the employee at the residence address of the employee shown in the personnel records. The Secretary of the Commission shall cause a return showing such delivery or mailing to be executed and filed in the Secretary's office.

3.

The Police Chief, or Fire Administrator in the case of full-time firefighters, shall have the authority to immediately suspend, with or without pay, an employee against whom such written accusation has been filed, pending the confirmation of the suspension, or a decision of the City Manager to reinstate the employee, remove, demote, discharge, or suspend the employee, with or without pay.

4.

Prior to the decision of the City Manager to reinstate the employee or remove, demote, discharge, or suspend the employee, with or without pay, the Police Chief or Fire Administrator in the case of full-time firefighters, shall within a reasonable period of time investigate the alleged misconduct, charges, or grounds against the employee and explain the basis of the employer's evidence to the employee and provide the employee an opportunity to present his/her version of the circumstances which resulted in the filing of the written accusation. If the Chief/Administrator's investigation reveals other misconduct, charges, or grounds, the Chief/Administrator shall amend the written accusation to include the misconduct, charges, or grounds by filing an amendment to the written accusation with the Secretary of the Commission who shall cause a copy of such amended accusation to be delivered within seventy-two (72) hours after the filing (a) to the Police Chief, or Fire Administrator in the case of full-time firefighters, (b) to the City Manager, and (c) to the employee personally or by certified mail, addressed to the employee at the residence address of the employee shown in the personnel records. The Secretary of the Commission shall cause a return showing such delivery or mailing to be executed and filed in the Secretary's office. In the event that the Police Chief is being disciplined, the City Manager shall follow the same procedures as are followed by the Police Chief in disciplining employees under the Act. Upon completion of this procedure within a reasonable period of time, the Police Chief or Fire Administrator shall recommend in writing to the City Manager that the alleged misconduct, charges, or grounds set forth in the written accusation be deemed:

(a)

To be without merit;

(b)

Insufficient grounds to warrant disciplinary action;

(c)

To warrant disciplinary action less severe than removal, demotion, discharge, or suspension, with or without pay, such as an oral or written reprimand; or

(d)

To warrant removal, demotion, discharge or suspension, with or without pay.

5.

Within three (3) calendar days after receiving the written recommendation of the Police Chief or Fire Administrator, the City Manager shall decide that the alleged misconduct, charges, or grounds for investigation against the employee set forth in the written accusation be deemed:

(a)

To be without merit;

(b)

Insufficient grounds to warrant disciplinary action;

(c)

To warrant disciplinary action less severe than removal, demotion, discharge, or suspension, with or without pay, such as an oral or written reprimand; or

(d)

To warrant removal, demotion, discharge, or suspension, with or without pay.

The City Manager shall file a copy of his/her decision within three (3) calendar days after receiving the written recommendation of the Police Chief or Fire Administrator, with the Secretary of the Commission who shall cause a copy of such decision to be delivered within seventy-two (72) hours after the filing (a) to the Police Chief or Fire Administrator, (b) to the employee, personally or by certified mail, addressed to the employee at the residence address of the employee shown in the personnel records, (c) to the complaining party by certified mail, and (d) to each member of the Commission. The Secretary of the Commission shall cause a return showing such delivery or mailing to be executed and filed in the Secretary's office. In the event the City Manager decides the complaint is without merit, or does not warrant disciplinary action, the Commission shall review and either affirm, modify or reject the decision of the City Manager. Review of the matter may be conducted by a standing committee of at least one (1) member of the Commission, or through the use of special counsel or investigator who shall report his/her findings and recommendations to the Commission. In the event the Commission finds that there are or may be grounds to sustain the accusation, the employee, Police Chief or Fire Administrator, City Manager and complaining party shall be notified by certified mail. The Commission shall then conduct a full investigation.

6.

Any employee so removed, suspended, demoted or discharged may, within ten (10) calendar days after receiving written notice of the City Manager's decision, file a written demand for an investigation and public hearing by the Civil Service Commission. The employee shall file the request for the hearing with the Secretary of the Commission and simultaneously send a copy of the request to the City Manager. The failure to file such a request with the Secretary of the Commission within ten (10) calendar days of receipt of notice of the action by the City Manager shall constitute a waiver of the employee's right to review by the Civil Service Commission and the City Manager's decision shall become final.

7.

Within five (5) calendar days of receipt of the employee's notice of appeal, the City Manager shall cause to be mailed or delivered the following notice to the employee and Secretary of the Civil Service Commission:

(a)

A statement of the charge(s);

(b)

The names of the witnesses who will be called on behalf of the City Manager and a general statement of the nature of their testimony;

(c)

Copies of the documents to be introduced.

8.

Within ten (10) calendar days of the filing of the written demand for an investigation and public hearing by the Commission, the employee shall mail or deliver the following to the City Manager and Commission:

(a)

A response to the statement of the charge(s);

(b)

The names of the witnesses who will be called on behalf of the employee and a general statement of the nature of their testimony;

(c)

Copies of the documents to be introduced.

9.

Upon receipt of a written demand, the Commission shall conduct an investigation. The investigation shall consist solely of a review of the written submissions of the City Manager and employee to determine whether any individuals or documents should be subpoenaed by the Commission for the subsequent public hearing before the Commission ultimately to determine whether the City Manager acted in good faith for cause. Good faith for cause shall mean that the action was not arbitrary or capricious and was not made for political or religious reasons.

10.

The Commission shall schedule a public hearing not less than ten (10) days nor more than twenty (20) calendar days from the date of filing of the employee's written demand for an investigation. The Commission shall notify the City Manager and employee in writing at least three (3) calendar days prior to the date of the hearing, of the date, time and place of the hearing.

11.

The City Manager or Police Chief or Fire Administrator shall be permitted to appear in person and by counsel and to present his/her case. The City Manager or Police Chief may present evidence by testimony and documents and shall be permitted to cross-examine the employee's witnesses. At the hearing, the employee shall be permitted to appear in person and by counsel and to present his/her defense. The employee may present evidence by testimony and documents and shall be permitted to cross-examine the witnesses called by the City Manager, Police Chief or Commission.

12.

The Commission may affirm the action taken by the City Manager if such action is supported by a preponderance of the evidence. If the Commission finds that the removal, suspension, demotion or discharge was made for political or religious reasons or was not made in good faith for cause, it shall order the immediate reinstatement or reemployment of such employee in the position or employment from which such employee was removed, suspended, demoted, or discharged, which reinstatement shall, if the Commission in its discretion so provides, be retroactive and entitle such person to compensation and restoration of benefits and privileges from the time of such removal, suspension, demotion or discharge.

13.

After the hearing, in lieu of affirming the removal, suspension, demotion, or discharge, the Commission may modify the order of removal, suspension, demotion, or discharge by directing a suspension, with or without pay, for a given period and the subsequent restoration to duty or demotion in position or pay. No later than ten (10) calendar days after the hearing the Commission shall certify its findings in writing to the employee and the City Manager who shall enforce them.

(Ord. No. 3789, Art. III, 5, 10-8-85; Ord. No. 3793, 1, 10-22-85; Code 1980, 31-80; Ord. No. 5260, 5-28-91)

State Law reference— Similar provisions, Neb. Rev. Stat. §19-1832, 19-1833

A.

Establishment. The City Manager, in establishing a reduction in force policy, shall consider recommendations from the Civil Service Commission, but shall not be bound by them. Prior to the adoption of a reduction in force policy the Council and City Manager shall, after giving reasonable notice to each police officer or full-time firefighter by first-class mail, conduct a public hearing.

B.

Factors. The City Manager shall adopt a reduction in force policy which shall consider factors including, but not limited to:

1.

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

2.

The knowledge, skills, and abilities of the employee;

3.

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

4.

The employment policies and staffing needs of the department together with contracts, ordinances, and statutes related thereto;

5.

Required Federal, State, or local certifications or licenses;

6.

Seniority.

(Ord. No. 3789, Art. III, 6, 10-8-85; Code 1980, 31-81)

State Law reference— Similar provisions, Neb. Rev. Stat. 19-1830

A leave of absence with or without pay may be granted by the City Manager to any person under civil service. The City Manager shall give notice of such leave to the Commission. All appointments for temporary employment resulting from such leaves of absence shall be made from the eligible list, if any, of the civil service.

(Ord. No. 3789, Art. III, 7, 10-8-85; Code 1980, 31-82)

All other provisions of the Civil Service as set forth in sections 19-1825 to 19-1847 of the Nebraska Revised Statutes, which are not in conflict with this Article and are not specifically set forth in this Article are hereby approved and adopted by the City of Kearney as a part of the civil service ordinance of the City of Kearney.

(Ord. No. 3789, Art. III, 8, 10-8-85; Code 1980, 31-83)

(Ord. No. 6618, 1-25-2000)

(Ord. No. 6618, 1-25-2000)

(Ord. No. 6618, 1-25-2000)

(Ord. No. 6618, 1-25-2000)

(Ord. No. 6618, 1-25-2000)

(Ord. No. 6618, 1-25-2000)

The previously created and existing Housing Authority shall continue to exist as a Housing Agency under the Nebraska Housing Agency Act and shall hereafter conduct its operations consistent with the said Act. It shall be named the Kearney Housing Agency and all property, rights and land, buildings, records, and equipment and any funds, money, revenue, receipts or assets of the Housing Authority shall belong to the Kearney Housing Agency as successor. All obligations, debts, commitments, and liabilities of the Housing Authority shall become obligations, debts, commitments and liabilities of the Kearney Housing Agency. Any previously passed Resolutions of the Housing Authority and any actions taken by the Housing Authority prior to January 1, 2000 with regard to any project or program which is to be completed within or to be conducted for a twelve month period following January 1, 2000 and which Resolution or action is lawful under Nebraska law as it exists prior to the operative date of LB-105 shall be a lawful Resolution or action of the Kearney Housing Agency, binding upon and enforceable by or against the Kearney Housing Agency, notwithstanding that such Resolution or action is inconsistent with, not authorized, or prohibited under the provisions of the Nebraska Housing Agency Act. All Commissioners of the Housing Authority and all Officers, legal council, technical experts, directors, and other appointees or employees of the Housing Authority holding office or employment by virtue of any such prior law on January 1, 2000 shall be deemed to have been appointed or employed under the Nebraska Housing Agency Act.

(Ord. No. 6618, 1-25-2000)

State Law reference— Similar provisions, Neb. Rev. Stat. 71-1576, 71-1579

The Mayor/President shall appoint, subject to confirmation or denial of the Council, five (5) persons who, along with the Resident Commissioner, if any, shall constitute the Housing Agency Board, and such persons shall be called the Commissioners. One (1) Commissioner shall be appointed each year. Each Commissioner shall serve a five-year term of office or until his/her successor is duly appointed and qualified; provided that all vacancies shall be filled for the un-expired terms. The Council may appoint one (1) of its members to serve as one of the five (5) members of such Housing Agency for such term as the Council may determine. No person shall serve as a Commissioner unless he/she resides within the area of operation of the Kearney Housing Agency. A certificate of the appointment or re-appointment of any Commissioner shall be filed with the City Clerk, and such certificate shall be conclusive evidence of the proper appointment of such Commissioner. The Commissioner shall receive no compensation for his/her services, but he/she shall be entitled to the necessary expenses, including travel expenses, incurred in discharge of his/her duties as provided by Sections 81-1174 thru 81-1177, R.R.S. A majority of Commissioners shall constitute a quorum of the Agency for the purpose of conducting its business, exercising its powers, and for all other purposes. Action may be taken by the Agency upon the vote of the majority of the Commissioners present and voting, unless the by-laws of the Agency or the Ordinance creating the Agency require a larger number. The Commissioners shall elect a Chairperson and Vice-Chairperson from among the Commissioners and shall have the power to employ an executive director who shall serve as ex-officio secretary of the Agency. The Agency may also employ legal counsel for said services as it may require. It may employ accountants, appraisers, technical experts and such other officers, agents, and employees as it may require and shall determine their qualifications, duties, compensations, and terms of office. The Agency may delegate such other powers and duties to its agents or employees, as it may deem proper. During his/her tenure and for one year thereafter, no Commissioner, officer or employee of the Housing Agency shall voluntarily acquire any interest, direct or indirect, in any project or in any property included or planned to be included in any project, or in any contact or proposed contract relating to an housing project. If any such commissioner, officer or employee involuntarily acquires any such interest, or voluntarily or involuntarily acquired any such interest prior to appointment or employment as commissioner, office, or employee, he/she shall immediately disclose his/her interest in writing to the Agency, and such disclosure shall be entered upon the minutes of the Agency, and he/she shall not participate in any action by the Agency relating to the property or contract in which he/she has any such interest. Any violation of the provisions of this section shall constitute misconduct in office. This prohibition shall not apply to the acquisition of any interest in notes or bonds of the Agency issued in connection with any housing project, or to the execution of the agreements by banking institutions for deposit or handling of funds in connection with a project or to act as trustee under any trust indenture, or to utility services, the rates for which are fixed or controlled by a governmental agency. This section shall not be construed to preclude, regulate or restrict the participation of any tenant of the Agency from serving, if appointed, as a commissioner of such authority, but he/she may not participate in any decision solely affecting his/her individual interest.

(Ord. No. 6618, 1-25-2000)

State Law reference— Similar provisions, Neb. Rev. Stat. 71-1594, 71-1595, 71-15,106, 71-15,149, 71-15,150

A sixth Commissioner, to be known as the Resident Commissioner, shall be appointed to the governing body by the President of the City Council, subject to confirmation or denial by the Council. To select the initial Resident Commissioner, or to fill subsequent vacancies in the position, the Housing Agency shall notify any Resident Advisory Board or other Resident Organization and all adult persons directly assisted by such Agency, to the effect that the position of Resident Commissioner is open and that if any such person is interested in being considered as a candidate for the position, such person should notify the Housing Agency, in writing, within 30 days of the person's willingness to be considered and to serve as Resident Commissioner. The names of all persons interested who have notified the Housing Agency of their interests in so serving shall be forwarded to the President of the Council and the Resident Commissioner shall be appointed from the list of names, subject to confirmation by the Council. Upon the appointment of a Resident Commissioner, the Certificate of Appointment shall state the term is for five (5) years or when no longer an eligible resident, whichever occurs first. In the event that no qualified person has submitted his or her name to the Housing Agency as being interested as a candidate for the position, and the Housing Agency has received no notification of interest in serving as a Resident Commissioner by any person, no Resident Commissioner shall be required to be selected. In the event a Resident Commissioner is appointed and resigns from the position prior to completion of the appointed term, or is no longer an eligible resident, or is otherwise disqualified or removed from the Board, and a vacancy is created, the Housing Agency shall solicit new candidate(s) for the position following the same procedure set forth above. In the event that no Resident Commissioner is selected and the position is un-filled, the Agency shall re-notify all adult persons directly assisted by the Agency that the position of Resident Commissioner is open and solicit these persons for candidates for the position not less than once annually.

(Ord. No. 6618, 1-25-2000)

State Law reference— Similar provisions, Neb. Rev. Stat. 71-15,104

The Mayor/President may remove a Commissioner for neglect of duty, misconduct in office, or conviction of any felony, in the manner prescribed hereinafter. The Mayor/president shall send a notice of removal to such commissioner, which notice shall set forth the charges against him/her. Unless within the ten (10) days from the receipt of such notice, the Commissioner files with the Clerk a request for a hearing before the Council, the Commissioner shall be deemed removed from office. If a request for a hearing is filed with the Clerk, the Council shall hold a hearing not sooner than ten (10) days after the date a hearing is requested, at which time the Commissioner shall have the right to appear in person or by counsel and the Council shall determine whether the removal shall be upheld. If the removal is not upheld, the Commissioner shall continue to hold his/her office.

(Ord. No. 6618, 1-25-2000)

State Law reference— Similar provisions, Neb. Rev. Stat. 71-15,105

The Kearney Housing Agency is a political Subdivision, independent from the City of Kearney and operated by the Housing Agency. The Housing Agency shall constitute a public body, corporate and politic, and shall have all the powers necessary or convenient to carry out and effectuate the purposes and provisions of the Nebraska Housing Agency Act.

(Ord. No. 6618, 1-25-2000)

State Law reference— Similar provisions, Neb. Rev. Stat. 71-1575(16)

Except as otherwise herein specifically provided, the definitions, terms, provisions and conditions set forth in the Nebraska Statutes under the Nebraska Housing Agency Act are hereby adopted by reference, as they now exist, or may hereafter be amended, for the operation and management of the Kearney Housing Agency, and the Housing Agency Commission shall fully comply with and be governed by the terms of the Nebraska Housing Agency Act.

(Ord. No. 6618, 1-25-2000)

State Law reference— Similar provisions, Neb. Rev. Stat. 71-1575(10), 71-1576

The Housing Agency shall adopt and promulgate fair and equitable policies establishing a plan for selection of applicants. The plan shall include standards for eligibility, procedures for prompt notification of eligibility or disqualification, and procedures for maintaining a waiting list of eligible applicants for whom vacancies are not immediately available. Eligible applicants shall be offered available vacancies as provided in such policies.

(Ord. No. 6618, 1-25-2000)

State Law reference— Similar provisions, Neb. Rev. Stat. 71-15,133

The Housing Agency may adopt, promulgate, and enforce rules and regulations related to carrying out the purposes of the local housing agency and exercising its powers and to amend or repeal such rules and regulations from time to time.

(Ord. No. 6618, 1-25-2000)

State Law reference— Similar provisions, Neb. Rev. Stat. 71-15,113(5)

Within six months after the end of the Housing Agency's fiscal year, the Housing Agency shall prepare an annual report. This report shall contain financial statements and the results of the operations. The report shall be approved by the Board of Commissioners and signed by the Chairperson. The annual report of the Housing Agency shall be a public record and available for inspection and copying by members of the general public at the Housing Agency office. The annual report shall be placed on file with the City Clerk upon completion thereof.

(Ord. No. 6618, 1-25-2000)

State Law reference— Similar provisions, Neb. Rev. Stat. 71-15,141

The Housing Agency shall file with the City Clerk a copy of the five-year plan and annual plan required by Section 511 of The Federal Quality Housing and Work Responsibility Act of 1998. The plans shall be filed within 30 days after the date the plan is filed with the Department of Housing & Urban Development.

(Ord. No. 6618, 1-25-2000)

There is hereby created the Community Redevelopment Authority of the City of Kearney, Nebraska. (Ord. No. 5647, 1, 8-10-93)

State Law reference— Similar provisions, Neb. Rev. Stat. 18-2102.01

The City Manager shall appoint five (5) persons who shall constitute the Authority. The Authority shall organize by electing one of its members Chairperson of the Authority, and another of its members Vice Chairperson. The presence of three (3) members shall constitute a quorum for the transaction of business. The Authority shall adopt rules for the transaction of its business and shall keep a record of its resolutions, transactions, findings and determinations, which records shall be made available for public inspection during regular business hours.

(Ord. No. 5647, 2, 8-10-93; Ord. No. 7544, 9-8-2009)

State Law reference— Similar provisions, Neb. Rev. Stat. 18-2102.01

The Authority may appoint a Director, a Community Redevelopment Administrator or Coordinator and such other officers and employees as may be desired through contract with the Department of Economic Development upon terms which are mutually agreeable. The Director, when appointed, shall serve as Ex-Officio Secretary of the Community Redevelopment Authority, and shall perform such duties as may be assigned by the Authority, including the necessary administrative functions described in the statutes under which the Authority has been created.

(Ord. No. 5647, 3, 8-10-93)

State Law reference— Similar provisions, Neb. Rev. Stat. 18-2102.01

All income, revenue, profits and other funds received by the Authority shall be deposited with the City Treasurer as Ex Officio Treasurer of such Authority without commingling such money with any other money under his/her control and disbursed by him/her by check or draft only upon warrants, orders or requisitions by the Chairperson of such Authority or other person authorized by such Authority, which shall state distinctly the purpose for which the same are drawn. A permanent record shall be kept by the Authority of all warrants, orders or requisitions so drawn, showing the date, amount, consideration and to whom payable.

(Ord. No. 5647, 4, 8-10-93)

State Law reference— Similar provisions, Neb. Rev. Stat. 18-2102.01

The Authority shall be vested with all the powers, duties and responsibilities set forth at Chapter 18, Article 21, the Community Development Law, Sections 18-2101, et seq.

(Ord. No. 5647, 5, 8-10-93)

This article shall be known and may be cited as the "Purchasing Ordinance of the City of Kearney".

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: Shall mean the City of Kearney, Nebraska.

CONTRACTUAL SERVICES: Shall mean work performed by an independent contractor requiring specialized knowledge, experience, expertise or similar capabilities wherein the service rendered does not consist primarily of acquisition of supplies, materials, and equipment. The services may include (by way of illustration, not limitation) services such as maintenance of buildings or equipment, employee training, postage, equipment service contracts, rental of equipment and machinery, and cleaning services. The term shall not include professional services, as defined in this article, or other contractual services which are in their nature unique and not subject to competition such as public utility services, telephone, and cable services.

PROFESSIONAL SERVICES: Shall mean and include all architect, engineering, accounting, legal, medical, and consultant services.

SUPPLIES: Shall mean all property including all supplies, materials, and equipment.

USING AGENCY: Shall mean any department, division, commission, or other unit in the City using supplies, procuring contractual services, or procuring professional services as provided for in this article.

There is hereby created and established an office of the Purchasing Agent. The Director of Finance shall be the Purchasing Agent of the City and shall be responsible to the City Manager for the efficient conduct of his/her office.

(Ord. No. 7170, 4-26-2005; Ord. No. 7954, 12-22-2014)

The Purchasing Agent, or his/her designee, shall have the responsibility:

A.

To purchase or contract for all supplies, equipment, 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 Purchasing Agent, or his/her designee, shall adopt for the internal management and operation of the purchasing functions.

B.

To procure for the City the highest quality in supplies, equipment, 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.

C.

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 Manager, or his/her duly authorized representative, so as to secure for the City the maximum efficiency in budgeting and accounting.

D.

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.

E.

To prepare or cause to be prepared written specifications of all such standard supplies.

F.

To have the authority to declare vendors who default on their quotation irresponsible vendors and to disqualify them from receiving any business from the City for a stated period of time.

G.

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.

H.

To perform any related duties assigned by the City Manager.

A.

When the estimated cost of supplies, equipment or contractual services exceeds fifty thousand dollars ($50,000.00), no formal contract for purchase shall be authorized until the contract, if any, has been reviewed by the City Attorney, and without prior approval of the City Council. All supplies, equipment, and contractual services in this category shall be purchased by formal written contract or purchase order, from the lowest responsible and responsive bidder, after due notice inviting bids.

B.

Notice inviting bids shall be published once in at least one (1) official newspaper in the city and at least ten (10) days preceding the last day set for the receipt of bids. The notice shall include a general description of the items to be purchased, and shall state where bid forms and specifications may be secured, and the date, time and place for opening bids. The Purchasing Agent, or his/her designee, shall also endeavor to distribute bid documents to responsible prospective suppliers of whom the Purchasing Agent, or his/her designee, may be aware.

C.

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

D.

Bids shall be submitted sealed to the City Clerk 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 (1) or more supplies or contractual services included in the proposed contract, when the public interest will be served thereby.

2.

The City Council shall have the authority to 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 City Council 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 Purchasing Agent, or his/her designee, 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;

11.

A "responsive bidder" shall be defined as a person or company who has submitted a bid that 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 Purchasing Agent, or his/her designee, and filed with other papers relating to the transaction.

G.

No contract in excess of fifty thousand dollars ($50,000.00) for enlargements or general improvements, such as (by way of illustration, not limitation) water/sewer main extensions, street improvements, park improvements, or airport improvements, shall be awarded by the City Council until the plans/specifications and estimate of the cost are approved by the City Council.

H.

Except in the case of tie bids, there shall be neither formal nor 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 Purchasing Agent, or his/her designee, shall award the contract to one (1) of the tie bidders by drawing lots in public.

I.

The City, whenever applicable, may, by the use of purchasing under a State of Nebraska contract, purchase supplies, equipment or services without the necessity of using the formal bid requirements as set forth in this section.

J.

The Purchasing Agent, or his/her designee, shall have the authority to join with other units of government in cooperative purchasing of supplies, equipment or services when the best interests of the City would be served thereby.

(Ord. No. 7170, 4-26-2005; Ord. No. 7449, 7-8-2008; Ord. No. 7954, 12-22-2014, Ord. No. 8173, 8-22-2017; Ord. No. 8622, § 1, 2-14-2023)

State Law reference— Similar provisions, Neb. Rev. Stat. 16-321

A.

When the estimated cost of supplies, equipment or contractual services is less than fifty thousand dollars ($50,000.00), the purchase shall be made in the open market, without newspaper advertisement and without observing the procedure prescribed for the award of formal contracts in this article and shall be referred to as open market purchases. All such purchases shall be awarded by the Purchasing Agent, or his/her designee.

B.

All open market purchases greater than three thousand dollars ($3,000.00) and not more than fifty thousand dollars ($50,000.00) shall be acquired after solicitation of two (2) quotations, if possible, and after being assigned a purchase order by the Purchasing Agent, or his/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.

C.

All open market purchases of three thousand dollars ($3,000.00) or less may be made by utilizing a purchase card without the necessity of soliciting two (2) quotations.

D.

The Purchasing Agent, or his/her designee, may solicit open market quotes by direct mail request to prospective vendors, by public notice on the bulletin board at City Hall, by telephone, by facsimile transmission, by electronic mail or other electronic means.

(Ord. No. 7170, 4-26-2005; Ord. No. 7449, 7-8-2008; Ord. No. 7954, 12-22-2014, Ord. No. 8173, 8-22-2017; Ord. No. 8214, 2-13-2018; Ord. No. 8622, § 2, 2-14-2023)

For the purpose of procuring professional services, any using agency requiring such services may procure them on its own behalf, in accordance with the selection procedures specified in this section. A using agency procuring such services shall consult with the Purchasing Agent, or his/her designee. No contract for professional services exceeding fifty thousand dollars ($50,000.00) may be awarded until the contract has been reviewed by the City Attorney, and without the prior approval of the City Council.

All using agencies shall follow the following selection procedure when procuring professional services exceeding fifty thousand dollars ($50,000.00):

A.

Persons engaged in providing the designated types of professional services may submit statements of qualifications and expressions of interest in providing such professional services. A using agency using such professional services may specify a uniform format for statements of qualifications.

B.

Adequate public notice of the need for such professional services shall be given by the using agency requiring professional services through a request for proposals. Such notice may include publication in a newspaper of general circulation not less than ten (10) days prior to the final date of receipt of proposals. The request for proposals shall describe the services required, list the types of information and data required of each offeror, and state the relative importance of particular qualifications.

C.

The head of a using agency procuring the required professional services, or a designee of such officer, may conduct discussions with any offeror who has submitted a proposal to determine such offeror's qualifications for further consideration. Discussions shall not disclose any information derived from proposals submitted by other offerors.

D.

Award shall be made to the offeror determined in writing by the head of the using agency procuring the required professional services, or a designee of such officer, to be best qualified offeror based on the evaluation factors set forth in the request for proposals, and negotiation of compensation determined to be fair and reasonable. If compensation cannot be agreed upon with the best qualified offeror, then negotiations will be formally terminated with the selected offeror. If proposals were submitted by one (1) or more other offerors determined to be qualified, negotiations may be conducted with such other offeror or offerors, in the order of their respective qualification ranking, and the contract may be awarded to the offeror then ranked best qualified if the amount of compensation is determined to be fair and reasonable.

E.

All professional services costing three thousand dollars ($3,000.00) or less may be made by utilizing a purchase card without the necessity of a request for proposals.

(Ord. No. 7170, 4-26-2005; Ord. No. 7409, 12-26-2007; Ord. No. 7449, 7-8-2008; Ord. No. 7954, 12-22-2014, Ord. No. 8173, 8-22-2017; Ord. No. 8622, § 3, 2-14-2023)

A contract may be awarded without competition when the Purchasing Agent, or his/her designee, determines that there is only one source for the required supplies, materials, or contractual services. The Purchasing Agent, or his/her designee, shall conduct negotiations, as appropriate, as to price, delivery, and terms.

A.

In the event of an emergency which requires immediate purchase of supplies or contractual services, the City Manager shall be empowered to authorize the Purchasing Agent, or his/her designee, 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 that 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 Purchasing Agent, or his/her designee, any purchase necessary shall be made by the department in charge and such purchase reported to the Purchasing Agent, or his/her designee, without delay.

D.

A report of the circumstances of an emergency purchase shall be filed by the Purchasing Agent, or his/her designee, with the City Manager.

The expenditure of public funds is hereby subject, pursuant to the State of Nebraska Local Government Miscellaneous Expenditure Act, to the following:

A.

Authorized expenses may include:

1.

Registration costs, tuition costs, fees, or charges; and

2.

Mileage at the then current rate allowed by Section 81-1176 of the Nebraska Revised Statutes, or actual travel expense if travel is by commercial or charter means. When travel mode is optional, the lower of the reimbursable cost is authorized; and

3.

Meals expense at the then current rate of the applicable federal standard per diem rate for meals when required to travel away from home overnight; and

4.

When required to travel away from home overnight, and traveling includes a partial day on the departure day or a partial day on the return day, the per diem rate for meals will apply at the rate of seventy-five percent (75%) of the daily federal "standard" per diem rate; and

5.

Actual lodging rate is allowed, but no additional hotel charges or transportation costs, such as car rentals, shall be paid for commuting during the lodging stay if lodging is at a location hosting the function.

B.

Authorized expenditures shall not include expenditures for meals of City Council members provided while attending a public meeting of the City Council unless such meeting is a joint meeting with one (1) or more other governing bodies.

C.

Authorized expenditures shall not include expenditures for any expenses incurred by a spouse of an elected or appointed official, employee, or volunteer unless the spouse is also an elected or appointed official, employee, or volunteer of the City.

The expenditure of public funds is hereby authorized, pursuant to the State of Nebraska Local Government Miscellaneous Expenditure Act, for the following purposes:

A.

Nonalcoholic beverages provided to individuals attending public meetings of the City Council.

B.

Nonalcoholic beverages and meals:

1.

Provided for any individuals while performing or immediately after performing relief, assistance, or support activities in emergency situations, including, but not limited to, tornado, severe storm, fire or accident;

2.

Provided for any volunteers during or immediately following their participation in any activity approved by the City Council, including, but not limited to, mowing parks, picking up litter, removing graffiti, or snow removal;

3.

Provided at one (1) recognition dinner each year held for elected and appointed officials, employees. The maximum cost per person for such dinner shall not exceed fifty dollars ($50.00). The annual recognition dinner may be held separately for employees of each department or separately for volunteers, or any of them in combination.

C.

Plaques, certificates of achievement, or items of value awarded to elected or appointed officials, employees, or volunteers, including persons serving on local government boards or commissions, subject to the following dollar limit on value:

The following procedures shall be used for business travel:

A.

Transportation Method:

1.

When travel is by air, advance ticketing by purchase card will be utilized whenever possible to obtain the lowest available coach fare.

2.

All refunds, sponsor reimbursements, travel coupons, and other promotions in connection with business travel shall be returned to the City.

B.

Lodging:

1.

Reimbursement for non-commercial lodging is not permitted.

2.

When City personnel are accompanied by non-City personnel, only the costs attributed to the City personnel are reimbursable.

C.

Expenses:

1.

The following expenses are reimbursable upon submission of paid receipts: parking fees; taxi fares; shuttle fares; bus fares; highway tolls; registration fees; lodging; tuition fees; supplies or equipment required for travel or training; rental cars; and fees for official functions related to travel.

2.

The following expenses are not reimbursable: entertainment, including television rentals; personal expenses, e.g. hygiene items, laundry, magazines; travel insurance; and alcoholic beverages.

3.

The use of purchase cards and advance purchase order payments of registration fees, lodging, and transportation expenses are encouraged.

E.

Expense Claims:

1.

Personnel on authorized travel must submit expense claims to the Finance Department immediately upon return, but not later than ten (10) working days after return to duty.

2.

All receipts shall be returned at that time.

3.

All expenses (including prepaid expenses) shall be summarized and accounted for on a "Request for Travel and Statement of Expenses" form.

(Ord. No. 7170, 4-26-2005; Ord. No. 7449, 7-8-2008; Ord. No. 7626, 1-11-2011; Ord. No. 7954, 12-22-2014, Ord. No. 8165, 7-25-2017; Ord. No. 8393, § 1, 1-14-2020; Ord. No. 8449, § 1, 10-13-2020; Ord. No. 8622, § 4, 2-14-2023)

State Law reference— Similar provisions, Neb. Rev. Stat. 13-2203

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

A.

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

B.

After obtaining the written approval of the department or division head, the employee shall forward the information regarding the proposed purchase to the Purchasing Agent, or his/her designee. The Purchasing Agent, or his/her designee, shall determine the disposition of the proposed purchase according to the procedures and authority specified in this article;

C.

Any City employee who desires to appeal a decision of the Purchasing Agent, or his/her designee, shall appeal only to the City Manager, unless the City Manager determines that the final decision should rest with the City Council and be determined in public session, his decision in all cases shall be final;

D.

No City employee shall circumvent that prescribed authority structure of this policy without permission of the City Manager

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 Purchasing Agent, or his/her designee, detailed requisitions or estimates of their requirements for any supplies, equipment, or contractual services, in such manner, at such times, and for such future periods as the Purchasing Agent, or his/her designee, shall prescribe.

B.

A using agency, department or division shall not be prevented from filing in the same manner with the Purchasing Agent, or his/her designee, at any time, a requisition or estimate for any supplies, equipment, and contractual services, the need for which was not foreseen when the detailed estimates were filed.

C.

The Purchasing Agent, or his/her designee, 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 Manager.

D.

Purchases under three thousand dollars ($3,000.00), not involving supply needs that can be ordered in bulk, may be accomplished through the use of a purchase card.

(Ord. No. 7170, 4-26-2005; Ord. No. 7954, 12-22-2014; Ord. No. 8622, § 6, 2-14-2023)

Except in cases of emergency, the Purchasing Agent, or his/her designee, 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.

A.

When a construction contract is awarded in excess of twenty thousand dollars ($20,000.00), the following bonds or security shall be delivered to the City and shall become binding on the parties upon the execution of the contract:

1.

A performance bond satisfactory to the City, executed by a surety company authorized to do business in the State of Nebraska or otherwise secured in a manner satisfactory to the City, in an amount equal to 100% of the price specified in the contract; and

2.

A payment bond satisfactory to the City, executed by a surety company authorized to do business in the State of Nebraska or otherwise secured in a manner satisfactory to the City, for the protection of all persons supplying labor and material to the contractor or its subcontractors for the performance of the work provided for in the contract. The bond shall be in an amount equal to 100% of the price specified in the contract.

B.

Nothing in this section shall be construed to limit the authority of the City to require a performance bond or other surety in addition to those bonds, or in circumstances other than specified in this section.

C.

Unless otherwise authorized by law, any person who has furnished labor or material to the contractor or subcontractors for the work provided in the contract, for which a payment bond is furnished under this section, and who has not been paid in full within ninety (90) days from the date on which that person performed the last of the labor or supplied the material, shall have the right to sue on the payment bond for any amount unpaid at the time the suit is instituted and to prosecute the action for the amount due that person. However, any person having a contract with a subcontractor of the contractor, but no express or implied contract with the contractor furnishing the payment bond, shall have a right of action upon the payment bond upon giving written notice to the contractor within ninety (90) days from the date on which that person performed the last of the labor or supplied the material. That person shall state in the notice the amount claimed and the name of the party to whom the material was supplied or for whom the labor was performed. The notice shall be served personally or be registered or certified mail, postage prepaid, in an envelope addressed to the contractor at any place the contractor maintains an office or conducts business.

D.

Unless otherwise authorized by law, every suit instituted upon a payment bond shall be brought in a court of competent jurisdiction for the county or district in which the construction contract was to be performed.

Insofar as the authority of the Purchasing Agent, or his/her designee, is concerned, this policy shall not apply to construction contracts for state or federally funded programs that mandate a different contracting procedure.

Any purchase order or contract within the purview of this article in which the Purchasing Agent, or any other City employee, 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.

The Purchasing Agent, and any other City employee, 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.

It shall be the responsibility of the Purchasing Agent, or his/her designee, to supervise the preparation and maintenance of a current inventory of all real and personal City property having a value of ten thousand dollars ($10,000.00) or more and an anticipated life of more than one (1) year. Periodic checks will be made by the Purchasing Agent, or his/her designee, to ensure reliability.

(Ord. No. 8622, § 7, 2-14-2023)

A.

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

B.

The Purchasing Agent, or his/her designee, shall have the authority to sell or dispose of all surplus supplies and equipment of less than twenty thousand dollars ($20,000.00) in value which have become unsuitable or unnecessary for public use. The Purchasing Agent, or his/her designee, shall sell or dispose of the property by any method which is most advantageous to the City, including auction, online auction, sealed bid, private or public sale, trade-in for other property, or disposal at the landfill. All sales of equipment or supplies of twenty thousand dollars ($20,000.00) or more in value shall require the prior approval of the City Council.

(Ord. No. 7170, 4-26-2005; Ord. No. 8493, § 1, 5-25-2021)

A.

Purpose. The purpose of the below recommended guidelines and procedures is to authorize the City, through the Political Subdivision Construction Alternatives Act (Sections §13-2901 through §13-2914 of the Nebraska Revised Statutes), to enter into a design-build contract which is subject to qualification-based selection or a construction management at risk contract for public contracts.

B.

Definitions. For purposes of this policy the following are the definitions outlined in the Political Subdivisions Construction Alternatives Act.

CONSTRUCTION MANAGEMENT AT RISK CONTRACT is a contract by which a construction manager:

a.

Assumes the legal responsibility to deliver a construction project within a contracted price;

b.

Acts as a construction consultant during the design development phase of the project; and

c.

Is the builder during the construction phase of the project. The construction manager is the legal entity which proposes to enter into a construction management at risk contract.

DESIGN-BUILD CONTRACT is a contract subject to qualification-based selection of the design-builder to furnish:

a.

Architectural, engineering, and related design services for a project; and

b.

Labor, materials, supplies, equipment and construction services.

A DESIGN BUILDER is the legal entity which proposes to enter into a design-build contract by qualification-based selection.

A LETTER OF INTEREST is a statement indicating interest to enter into a design-build or construction management at risk contract for a project.

A PERFORMANCE-CRITERIA DEVELOPER is any person licensed or any organization issued a certificate of authorization to practice architecture or engineering who is selected to assist in the development of project performance criteria, requests for proposals, evaluations of proposals, evaluation of construction under a design-build contract to determine adherence to performance criteria, and any additional requested services to represent the City's interest in relation to a project.

The performance criteria developer is ineligible to be included as a provider of any services in a proposal for any project on which he/she/it has acted as performance-criteria developer and is not employed by or does not have a financial or other interest in a design-builder or construction manager who will submit a proposal.

THE PROJECT PERFORMANCE CRITERIA are the performance requirements of the project suitable to allow the design-builder to make a proposal. Performance requirements include the following:

a.

Capacity;

b.

Durability;

c.

Standards;

d.

Ingress and egress requirements;

e.

Description of the site;

f.

Surveys;

g.

Soil and environmental information concerning the site;

h.

Interior space requirements;

i.

Material quality standards;

j.

Design and construction schedules;

k.

Site development requirements;

l.

Provisions for utilities and storm water retention and disposal;

m.

Parking requirements;

n.

Applicable governmental code requirements; and

o.

Other criteria for the intended use of the project.

A PROPOSAL is an offer in response to a request for proposals a) by a design-builder to enter into a design-build contract or b) by a construction manager to enter into a construction management at risk contract.

THE QUALIFICATION-BASED SELECTION PROCESS is the process of selecting a design-builder based first on qualifications of the design-builder and then on the design-builder's proposed approach to the design and construction of the project.

A REQUEST OF LETTERS OF INTEREST is the documentation or publication by which the City solicits letters of interest.

A REQUEST FOR PROPOSALS is the documentation by which the City solicits proposals.

C.

Policies. The City Council shall adopt a resolution selecting the design-build contract or construction management at risk contract delivery system prior to proceeding with any of the steps involved with solicitation or execution of any construction contract by the City. The resolution requires the affirmative vote of at least two-thirds (⅔)of the City Council. For a project authorized under subsection (3) of Section 13-2914 of the Nebraska Revised Statutes, the resolution shall include a statement that the political subdivision has made a determination that the design-build contract or construction management at risk contract delivery system is in the public interest based, at a minimum, on one (1) of the following criteria: (a) savings in cost or time or (b) requirement of specialized or complex construction methods suitable for the design-build contract or construction management at risk contract delivery system.

D.

Procedures.

1.

Design-Build Contract.

i.

Letters of Interest. The City shall prepare a request for letters of interest for design-build proposals. Requests shall describe the project in sufficient detail to permit the design-builder to submit a letter of interest. The details should include the items listed under the project performance criteria under the definition section of this policy.

Requests for letters of interest shall be published in a newspaper of general circulation within the City's area at least thirty (30) days prior to the receipt of letters of interest deadline. Requests for letters of interest should also be sent via first class mail to any design-builder upon request.

Letters of interest shall be reviewed by the City in consultation with the performance-criteria developer. The City shall select prospective design-builders in accordance with the procedures and standards adopted by the City pursuant to Section 13-2905 of the Nebraska Revised Statutes.

At least three (3) prospective design-builders shall be selected, except that if only two (2) design-builders have submitted letters of interest, the City shall select at least two (2). Selected design-builders shall then be considered pre-qualified and eligible to receive a request for proposal.

ii.

Request for Proposal. The City shall prepare a request for proposal for each design-build contract. Notice of the request for proposal shall be published in a newspaper of general circulation within the City's service area at least thirty (30) days prior to the deadline for receipt and opening of proposals.

The request for proposal shall contain, at a minimum, the following elements.

a.

That the City Council will execute the design-build contract.

b.

The policies adopted by the City Council to be used when executing a design-build contract.

c.

The proposed terms and conditions of the design-build contract, including any terms and conditions which are subject to further negotiation. The general terms and conditions shall be consistent with nationally recognized model general terms and conditions which are standard in the design and construction industry in Nebraska. The terms and conditions may set forth an initial determination of the manner by which the design-builder selects any subcontractor and may require that any work subcontracted be awarded by competitive bidding.

d.

A project statement which contains information about the scope and nature of the project.

e.

The project performance criteria.

f.

The budget parameters for the project.

g.

Any bonds and insurance required by law or as may be additionally required by the City.

h.

The criteria for evaluation of proposals and the relative weight of each criterion.

i.

A requirement that the design-builder provide a written statement of the design-builder's proposed approach to the design and construction of the project, which may include graphic materials illustrating the proposed approach to design and construction but shall not include price proposals.

j.

A requirement that the design-builder agree to the following conditions:

i.

An architect or engineer licensed to practice in Nebraska will participate substantially in those aspects of the offering which involve architectural or engineering services;

ii.

At the time of the design-build offering, the design builder will furnish to the City Council a written statement identifying the architect or engineer who will perform the architectural or engineering work for the design-build project;

iii.

The architect or engineer engaged by the design-builder to perform the architectural or engineering work with respect to the design-build project will have direct supervision of such work and may not be removed by the design-builder prior to the completion of the project without the written consent of the City Council;

iv.

A design-builder offering design-build services with its own employees who are design professionals licensed to practice in Nebraska will comply with the Engineers and Architects Regulation Act by procuring a certificate of authorization to practice architecture or engineering and will submit proof of sufficient professional liability insurance; and

v.

The rendering of architectural or engineering services by a licensed architect or engineer employed by the design-builder will conform to the Engineers and Architects Regulation Act and rules and regulations adopted under the act.

k.

Other information which the City chooses to require.

iii.

Proposal Evaluation. The request for proposals shall be sent only to the pre-qualified design-builders selected. Design-builders shall submit proposals as required by the request for proposals.

The City may only proceed to negotiate and enter into a design-build contract if there are at least two (2) proposals from pre-qualified design-builders.

Proposals shall be sealed and shall not be opened until expiration of the time established for making proposals as set forth in the request for proposals. Proposals may be withdrawn at any time prior to acceptance. The City shall have the right to reject any and all proposals except for the purpose of evading the provisions and policies of the Political Subdivisions Construction Alternatives Act. The City may thereafter solicit new proposals using the same or a different project performance criteria.

The City shall refer the proposals for recommendation to the selection committee. The selection committee shall be at least five (5) persons designated by the City. Members of the selection committee shall include:

a.

Members of the City Council;

b.

Members of the administration or staff of the City;

c.

The performance-criteria developer;

d.

Any person having special expertise relevant to selection of a design-builder under the Political Subdivisions Construction Alternatives Act; and

e.

A resident of the City's service region other than any individual listed above.

Any selection committee member designated under item "d" or item "e" above, shall not be employed by or have a financial or other interest in a design-builder who has a proposal being evaluated and shall not be employed by the City or the performance-criteria developer.

The City shall rank in order of preference the design-builders pursuant to the criteria in the request for proposals and taking into considerations the recommendation of the selection committee.

The City and the selection committee shall evaluate proposals taking into consideration the criteria listed below with the maximum percentage of total points for evaluation which may be assigned to each criterion as indicated immediately following the criterion.

a.

The financial resources of the design-builder to complete the project, ten percent (10%);

b.

The ability of the proposed personnel of the design-builder to perform, thirty percent (30%);

c.

The character, integrity, reputation, judgment, experience, and efficiency of the design-builder, thirty percent (30%);

d.

The quality of performance on previous projects, thirty percent (30%);

e.

The ability of the design-builder to perform within the time specified, thirty percent (30%);

f.

The previous and existing compliance of the design-builder with laws relating to the contract, ten percent (10%); and

g.

Other information as may be secured having a bearing on the selection, twenty percent (20%).

The records of the selection committee in evaluating proposals and making recommendations shall be considered public records.

The City may attempt to negotiate a design-build contract with the highest ranked design-builder selected by the City and may enter into a design-build contract after negotiations. The negotiations shall include a final determination of the manner by which the design-builder selects a subcontractor.

If the City is unable to negotiate a satisfactory design-build contract with the highest ranked design-builder, the City may terminate negotiations with that design-builder. The City may then undertake negotiations with the second highest ranked design-builder and may enter into a design-build contract after negotiations. If the City is unable to negotiate a satisfactory contract with the second highest ranked design-builder, the City may undertake negotiations with the third highest ranked design-builder, if any, and may enter into a design-build contract after negotiations.

If the City is unable to negotiate a satisfactory contract with any of the ranked design-builders, the City may either revise the request for proposals and solicit new proposals or cancel the design-build process.

A design-build contract may be conditioned upon later refinements in scope and price and may permit the City in agreement with the design-builder to make changes in the project without invalidating the contract. Later refinements shall not exceed the scope of the project statement contained in the request for proposals.

The City shall not use a design-build contract for a project, in whole or in part, for road, street, or highway construction.

2.

Construction Management at Risk Contract.

i.

Request for Proposal. The City shall prepare a request for proposal for each construction management at risk contract. Notice of the request for proposal shall be published in a newspaper of general circulation within the City's service area at least thirty (30) days prior to the deadline for receipt and opening of proposals.

The request for proposal shall contain, at a minimum, the following elements.

a.

That the City Council will execute the contract.

b.

The policies adopted by the City Council to be used when executing a construction management at risk contract.

c.

The proposed terms and conditions of the contract, including any terms and conditions which are subject to further negotiation. The general terms and conditions shall be consistent with nationally recognized model general terms and conditions which are standard in the design and construction industry in Nebraska. The terms and conditions may set forth an initial determination of the manner by which the construction manager selects any subcontractor and may require that any work subcontracted be awarded by competitive bidding.

d.

Any bonds and insurance required by law or as may be additionally required by the City.

e.

General information about the project which will assist the City in its selection of the construction manager, including a project statement which contains information about the scope and nature of the project, the project site, the schedule and the estimated budget.

f.

The criteria for evaluation of proposals and the relative weight of each criterion.

g.

A description of any other information which the City chooses to require.

ii.

Proposal Evaluation. Proposals shall be sealed and shall not be opened until expiration of the time established for making proposals as set forth in the request for proposals.

The City shall refer the proposals for recommendation to the selection committee. The selection committee shall be at least five (5) persons designated by the City. Members of the selection committee shall include:

a.

Members of the City Council;

b.

Members of the administration or staff of the City;

c.

The City's architect or engineer;

d.

Any person having special expertise relevant to selection of a construction manager under the Political Subdivisions Construction Alternatives Act; and

e.

A resident of the City's service region other than any individual listed above.

Any selection committee member designated under item "d" or item "e" above, shall not be employed by or have a financial or other interest in a construction manager who has a proposal being evaluated and shall not be employed by the City or the performance-criteria developer.

The City shall evaluate and rank each proposal on the basis of best meeting the criteria in the request for proposals and taking into considerations the recommendation of the selection committee.

The City and the selection committee shall evaluate proposals taking into consideration the criteria listed below with the maximum percentage of total points for evaluation which may be assigned to each criterion as indicated immediately following the criterion.

a.

The financial resources of the construction manager to complete the project, ten percent (10%);

b.

The ability of the proposed personnel of the construction manager to perform, thirty percent (30%);

c.

The character, integrity, reputation, judgment, experience, and efficiency of the construction manager, thirty percent (30%);

d.

The quality of performance on previous projects, thirty percent (30%);

e.

The ability of the construction manager to perform within the time specified, thirty percent (30%);

f.

The previous and existing compliance of the construction manager with laws relating to the contract, ten percent (10%); and

g.

Other information as may be secured having a bearing on the selection, twenty percent (20%).

The records of the selection committee in evaluating proposals and making recommendations shall be considered public records.

The City may attempt to negotiate a construction management at risk contract with the highest ranked construction manager and may enter into a construction management at risk contract after negotiations. The negotiations shall include a final determination of the manner by which the construction manager selects a subcontractor.

If the City is unable to negotiate a satisfactory contract with the highest ranked construction manager, the City may terminate negotiations with that construction manager. The City may then undertake negotiations with the second highest ranked construction manager and may enter into a construction management at risk contract after negotiations. If the City is unable to negotiate a satisfactory contract with the second highest ranked construction manager, the City may undertake negotiations with the third highest ranked construction manager, if any, and may enter into a construction management at risk contract after negotiations.

If the City is unable to negotiate a satisfactory contract with any of the ranked construction managers, the City may either revise the request for proposals and solicit new proposals or cancel the construction management at risk process.

A construction management at risk contract may be conditioned upon later refinements in scope and price and may permit the City in agreement with the construction manager to make changes in the project without invalidating the contract. Later refinements shall not exceed the scope of the project statement contained in the request for proposals.

The City shall not use a construction management at risk contract for a project, in whole or in part, for road, street, or highway construction.

Nothing in the Political Subdivisions Construction Alternatives Act shall limit or reduce statutory or regulatory requirements regarding bonding or insurance.

(Ord. No. 8551, § 1, 1-11-2022; Ord. No. 8554, § 1, 2-22-2022)

State Law reference— Similar provisions, Neb. Rev. Stat. §§ 13-2901—13-2914.

There is hereby created a Senior Services Advisory Board in and for the City of Kearney. The Board shall act in an advisory capacity and shall advise and assist the Senior Services Coordinator and the City Manager to insure the efficient and economical management and operation of City senior services programs and related facilities.

(Ord. No. 7551, 9-22-2009; Ord. No. 7904, 6-10-2014)

The Senior Services Advisory Board shall consist of five (5) members chosen from the citizens at large with a minimum of three (3) members residing within the corporate limits of the City of Kearney. However all members must be residents of Buffalo County. The members shall be qualified by general knowledge or experience in matters related to senior activities and community social programs, must be active at the Petersen Senior Activity Center and/or attend their events or programs. All members must be age fifty (50) or older and shall not hold any elective position in the City.

(Ord. No. 7551, 9-22-2009; Ord. No. 8025, 8-25-2015)

The members of the Senior Services Advisory Board shall be appointed by the Mayor with the approval of the majority of the City Council. The appointment for the members of the Board shall be staggered for overlapping terms of three (3) years.

All members of the Senior Services Advisory Board shall serve as such without compensation.

A City staff person shall serve as the recording secretary. The Senior Services Coordinator shall serve as an ex-officio member of the Board.

The term of each appointed member of the Senior Services Advisory Board shall be three (3) years. All members shall hold office until their successors are appointed. A Board member shall serve a maximum of two (2) consecutive terms. Interim appointments for terms of less than two (2) years shall not be considered a term. In order to establish staggered terms for the members, the initial terms of three (3) members shall be three (3) years, and two (2) members shall be two (2) years. All terms of office will expire on July 31.

Members of the Senior Services Advisory Board are expected to attend meetings on a regular basis. Whenever a Board member misses three (3) consecutive meetings or his/her attendance falls below seventy-five (75) percent in a 12-month period, the Mayor will formally request, by letter, clarification from the identified board member of the reason for lack of attendance. If no attendance improvement plan can be agreed upon by the Mayor and board member, the board member may be asked to consider resignation.

In case of vacancies by resignation, removal, illness or any other reason, the Mayor with the approval of the majority of the City Council shall immediately appoint a new member to the Board for the unexpired vacated term.

The Senior Services Advisory Board shall meet every other month or as needed in the meeting room at the Peterson Senior Activity Center. The time of the meetings shall be fixed by the Board at its first meeting in October. At its first meeting, and then at the regular August anniversary meeting, the members shall elect from its membership a Chairperson and a Vice-Chairperson. The proceedings of the Board shall be recorded and preserved in accordance with the Public Meetings Law, Neb. Rev. Stat. §84-1408 R.R.S., et seq.

Three (3) members of the Board shall constitute a quorum for the transaction of business.

The Senior Services Advisory Board is an advisory board, thus having only that duty and power to advise and recommend to the City Manager and City Council. The Board shall have the duties and responsibilities as may be delegated to it by the City Council. The primary functions and duties include:

•

Recommend policies and procedures for development of the senior services.

•

Recommend services and programs for the senior citizens of the City and to promote and stimulate public interest which encourages social, recreational, and business interaction of the citizens of the City of Kearney.

•

Assist in developing short and long-range priorities for the provision of senior services.

•

Promote coordination of senior services activities with those of public officials, civic groups and other organizations.

(Ord. No. 7551, 9-22-2009)

(Ord. No. 7862, 12-10-2013; Ord. No. 8064, 1-26-2016)

(Ord. No. 7862, 12-10-2013; Ord. No. 8064, 1-26-2016)

(Ord. No. 7862, 12-10-2013; Ord. No. 8064, 1-26-2016)

(Ord. No. 7862, 12-10-2013; Ord. No. 8064, 1-26-2016)

(Ord. No. 7862, 12-10-2013; Ord. No. 8064, 1-26-2016)

(Ord. No. 7862, 12-10-2013; Ord. No. 8064, 1-26-2016)

(Ord. No. 7862, 12-10-2013; Ord. No. 8064, 1-26-2016)

(Ord. No. 7862, 12-10-2013; Ord. No. 8064, 1-26-2016)

(Ord. No. 7862, 12-10-2013; Ord. No. 8064, 1-26-2016)

(Ord. No. 7862, 12-10-2013; Ord. No. 8064, 1-26-2016)

(Ord. No. 7862, 12-10-2013; Ord. No. 8064, 1-26-2016)

The City hereby affirms and ratifies the existing pension and retirement plans it has established which specifically includes the following plans:

A.

A Police Officers Retirement System Fund and retirement plan pursuant to State law;

B.

A Fire Fighters Retirement System Fund and retirement plan pursuant to State law;

C.

A general employee pension fund and pension plan pursuant to State law.

Said funds and plans are hereby ratified and confirmed.

(Ord. No. 8385, § 1, 10-22-19)