Article 2. Municipal Commissions and Boards

Article 2. Municipal Commission

§2-201 Falls City Code §2-220


Article 2. Municipal Commission

§2-201 LIBRARY BOARD.  The Library Board shall consist of five (5) appointed members who shall be residents of the Municipality and who shall serve terms of five (5) years.  The Governing Body shall appoint the members of the Library Board by a majority vote.  Neither the Mayor nor any member of the Governing Body shall be a member of the Library Board.  The terms of members serving on the effective date of change in the number of members shall not be shortened, and any successors to those members shall be appointed as the terms of those members expire.  In case of any vacancy by resignation, removal, or otherwise, the Governing Body shall fill the vacancy for the unexpired term.

No member shall receive any pay or compensation for any services rendered as a member of the Library Board.  The Governing Body may require the members of the Library to give a bond in a sum set by resolution of the Governing Body and conditioned upon the faithful performance of their duties.

At the time of the Boards first (1st) meeting in June of each year, the Board shall organize by selecting from their number a Chairperson and Secretary.  No member of the Library Board shall serve in the capacity of both the Chairperson and Secretary of the Board.  It shall be the duty of the Secretary to keep the full and correct minutes and records of all meetings, and to file the same with the Municipal Clerk where they shall be available for public inspection at any reasonable time.

A majority of the Board members shall constitute a quorum for the transaction of business.  The Board shall meet at such times as the Governing Body may designate.  Special meetings may be held upon the call of the Chairperson, or a majority of the members of the Board.

The Library Board may erect, lease, or occupy an appropriate building for the use of a library, appoint a suitable librarian and assistants, fix the compensation of such appointees, and to remove such appointees at the pleasure of the Board.  The Governing Body shall approve any personnel administrative or compensation policy or procedure before implementation of such policy or procedure by the Board.  The Board shall have supervisory authority over all employees of the Library including the Librarian.

The Library Board may establish rules and regulations for the government of the Municipal Library as may be deemed necessary for its preservation and to maintain its usefulness and efficiency.  The Board may fix and impose, by general rules, penalties and forfeitures for trespasses upon or injury to the Municipal Library grounds, rooms, books, or other property, for failure to return any book, or for violation of any bylaw, rule, or regulation and fix and impose reasonable fees, not to exceed the Municipal Library’s actual cost, for nonbasic service.  The Board shall have and exercise such power as may be necessary to carry out the spirit and intent of Neb. Rev. Stat sections 51-201 to 51-219 in establishing and maintaining a public library and reading room.  All actions of the Board shall be subject to the review and supervision of the Governing Body.  The Board shall be responsible for making such reports and performing such additional duties as the Governing Body may designate from time to time.

The Municipal Library shall make its basic services available without charge to all residents of the political subdivision which supplies its tax support.

No service shall be denied to any person because of race, sex, religion, age, color, national origin, ancestry, physical handicap, or marital status.  (Ref. 51-202 through 51-219 RS Neb.)  (Ord. #99-119)(Ord. #2012-108)

§2-202  PLANNING COMMISSION.  (1) The Planning Commission shall consist of nine (9) regular members who shall represent, insofar as is possible, the different professions or occupations in the Municipality and shall be appointed by the Mayor, by and with the approval of a majority vote of the members elected to the City Council.  Two (2) of the regular members may be residents of the area over which the Municipality is authorized to exercise extraterritorial zoning and subdivision regulation.  When there is a sufficient number of residents in the area over which the Municipality exercises extraterritorial zoning and subdivision regulation, one (1) regular member of the Commission shall be a resident from such area.  If it is determined by the City Council that a sufficient number of residents reside in the area subject to extraterritorial zoning and subdivision regulation, and no such resident is a regular member of the Commission, the first available vacancy on the Commission shall be filled by the appointment of such an individual.  For purposes of this section, a sufficient number of residents shall mean five hundred (500) residents.  The term of each regular member shall be three (3) years, except that three (3) regular members of the first Commission shall serve for terms of one (1) year, three (3) for terms of two (2) years, and three (3) for terms of three (3) years.  All regular members shall hold office until their successors are appointed.  Any member may, after a public hearing before the City Council, be removed by the Mayor, with the consent of a majority vote of the members elected to the City Council, for inefficiency, neglect of duty, or malfeasance in office, or other good and sufficient cause.  Vacancies occurring otherwise than through the expiration of term shall be filled for the unexpired portion of the term by the Mayor.

(2)     All regular members of the Commission shall serve without compensation and shall hold no other Municipal office except when appointed to serve on the Board of Adjustment as provided in section 19-908 RS Neb.  All members of the Commission may be required, in the discretion of the City Council, to give bond in a sum set by resolution of the Council, and conditioned upon the faithful performance of their duties.  The Commission shall elect its Chairperson and Secretary from its members and create and fill such other of its offices as it may determine.  The term of the Chairperson and Secretary shall be one year, and they shall be eligible for reelection.  No member of the Commission shall serve in the capacity of both the Chairperson and Secretary of the Commission, it shall be the duty of the Secretary to keep the full and correct minutes and records of all meetings and to file them with the Municipal Clerk where they shall be available for public inspection during office hours.  The Commission shall be funded by the City Council from time to time out of the General Fund.  The expenditures of the Commission, exclusive of gifts, shall be within the amounts appropriated for that purpose by the City Council; and no expenditures nor agreements for expenditures shall be valid in excess of such amounts.  A number of Commissioners equal to a majority of the number of regular members appointed to the Commission shall constitute a quorum for the transaction of any business.  The Commission shall hold at least one regular meeting in each calendar quarter, except the City Council mat require the Commission to meet more frequently and the Chairperson of the Commission may call for a meeting when necessary to deal with business pending before the Commission.  Special meetings may also be held upon the call of any three (3) members of the Commission.  The Commission shall adopt rules and regulations for the transaction of business and shall keep a record of its resolutions, transactions, findings, and determinations, which shall be a public record.  The Commission shall make and adopt plans for the physical development of the Municipality, including any areas outside its boundaries which, in the Commission=s judgment, bear relation to the planning of the Municipality, and shall carry out the other duties and exercise the powers specified in section 19-929 RS Neb.  All actions by the Commission shall be subject to the review and supervision of the Mayor and City Council.  The Commission shall make its recommendations to the City Council so that they are received by the City Council within ninety (90) days after the Commission begins consideration of a matter relating to the comprehensive development plan, capital improvements, building codes, subdivision development, the annexation of territory, or zoning.  The Commission shall be responsible for making such reports and performing such other duties as the City Council may, from time to time, designate.

(3)     The Mayor, with the approval of a majority vote of the elected members of the City Council, shall appoint one (1) alternate member to the Commission. The alternate member shall serve without compensation and shall hold no other Municipal office. The term of the alternate member shall be three (3) years, and he or she shall hold office until his or her successor is appointed and approved.  The alternate member may be removed from office in the same manner as a regular member.  If the alternate member position becomes vacant other than through the expiration of the term, the vacancy shall be filled for the unexpired portion of the term by the Mayor with the approval of a majority vote of the elected members of the City Council.  The alternate member may attend any meeting and may serve as a voting and participating member of the Commission at any time when less than the full number of regular Commission members is present and capable of voting (Ref. 19-924 through 19-929 RS Neb.)  (Ord. #99-120)

§2-203 BOARD OF PARK COMMISSIONERS.  The Mayor, with the advice and consent of a majority of the Council, shall appoint the Board of Park Commissioners.  The Board shall consist of five (5) members, who shall be resident freeholders in the Municipality.  The members of the Board shall serve a three (3) year term of office unless reappointed.  Two (2) members of the Board shall be appointed each year, except for every third (3rd) year, when one (1) member shall be appointed, at the first (1st) Council meeting in January.  The Board shall serve without compensation and may be required, in the discretion of the Governing Body, to give a bond in a sum set by resolution of the Governing Body, and conditioned upon the faithful performance of their duties.  At the time of the Board's first (1st) meeting of each year, the Board shall organize by selecting from their number a chairman.  A majority of the Board members shall constitute a quorum for the transaction of business.  The Board shall meet at such times as the Governing Body may designate.  Special meetings may be held upon the call of the chairman, or any two (2) of the Board members.  It shall be the duty of the Board to take the immediate charge of all parks and recreational facilities belonging to the Municipality.  The Board shall establish appropriate rules and regulations for the management, use, and operation of the same.  All actions of the Board shall be subject to the review and control of the Governing Body.  The Board shall report to the City Council quarterly, and be responsible for making such other reports and performing such other duties as the Governing Body may, from time to time, designate.   The Park Commissioners may not enter into a contract of any nature involving an expenditure exceeding seven hundred fifty dollars ($750.00) unless such contracts have been approved by a majority of the members of the City Council.  No member of the Governing Body shall serve as a member of the Park Commission while serving a term of office as a member of the Governing Body.  No member of the Park Commission shall serve in the capacity of both the chairman and secretary of the Board.  (Ref. 17-952 RS Neb.) (Ord. #2011-110)

§2-204    BOARD OF ADJUSTMENT.  The Governing Body shall appoint the Board of Adjustment which shall consist of five (5) regular members plus one (1) additional member designated as an alternate who shall attend and serve only when one of the regular members is unable to attend for any reason.  Each member of the Board shall serve a term of three (3) years, unless reappointed, and shall be removable only for good and sufficient cause by the Governing Body upon written charges and after a public hearing.  The members of the Board shall serve without compensation and may be required, in the discretion of the Governing Body, to give a bond in a sum set by resolution of the Governing Body, and conditioned upon the faithful performance of their duties.  One (1) member of the Board of Adjustment shall be at the same time a member of the Planning Commission at all times.  Upon the loss of membership on the Planning Commission the said member shall also lose his membership on the Board of Adjustment.  The Board shall organize at its first (1st) meeting in January of each year and elect from its membership a chairman and secretary.  It shall be the duty of the secretary to keep complete and accurate minutes of all Board meetings and to file the same at the office of the Municipal Clerk for examination at any reasonable time by the public.  The Board of Adjustment shall be funded from time to time out of the General Fund by the Governing Body.  Meetings of the Board shall be held at such times as the Governing Body may designate, or at such other times as the chairman may, in his discretion call a meeting.  Special meetings may be also held upon the call of any three (3) members of the Board.  A majority of the Board shall constitute a quorum for the purpose of doing business, except five (5) members must be present to hear appeals or requests for variances or transact any business which required the concurrence of at least four (4) members.  It shall be the duty of the Board: 

A.  To hear and decide appeals where it is alleged that there is error in any order, requirement, decision, or determination made by a Municipal official based on or made in enforcement of the zoning ordinance of the Municipality or any ordinance relating to the location or soundness of structures;

B.   To hear and decide in accordance with the provisions of the zoning ordinance, requests for interpretation of any map;

C.  Authorize variances under the provisions of section 11-407.01 of this code.  The concurring vote of four (4) members of the Board shall be necessary to reverse any order, requirement, decision, or determination may by a Municipal official on any matter which was governed by any Municipal zoning ordinance or to grant any variance.  The Board shall be responsible for making such reports and performing such other duties as the Governing Body may designate.  No member of the Governing Body shall serve as a member of the Board of Adjustment.  No member of the Board of Adjustment shall serve in the capacity of both chairman and secretary of the Board.  (Ref.  19-907 through 19-911 RS Neb.) Amended by Ord. 96-106.

§2-205    BOARD OF PLUMBING EXAMINERS. The Board of Plumbing Examiners shall consist of not less than four (4) members, at least one (1) member to be know as the Chief Health Officer of the Municipality, one (1) member to be know as the Plumbing Inspector of the Municipality, one (1) journeyman plumber, and one (1) master plumber.  The journeyman and master plumbers shall be appointed by the Mayor, by and with the consent of the City Council.  No member of the Governing Body shall serve as a member of the Plumbing Board.  All vacancies in the Board may be filled by the Mayor and Council as provided in this section.  Any member of the Board may be removed from the office for cause by the district court of the county in which the Municipality is situated.

All member of the Plumbing Board shall be residents or live within the zoning jurisdiction of the Municipality, and the Plumbing Inspector and journeyman and master plumbers shall be licensed plumbers.  The Governing Body of the Municipality may require that each member of the Plumbing Board give bond in the sum of one thousand dollars ($1,000.00), conditioned according to law, the cost of which may be paid by the Municipality.

The Chief Health Officer and the Plumbing Inspector shall be appointed by and hold office during the term of office of the Mayor.  The terms of office of the journeyman plumber and the master plumber shall be for three (3) years.  Upon the expiration of the term of each appointed member, appointments shall be made for succeeding terms by the same process as the previous appointments.

The Board shall organize by the selection of one of their number as Chairperson.  The Plumbing Inspector shall be the Secretary of the Board.  No member of the Plumbing Board shall serve in the capacity of both the Chairperson and Secretary of the Board.  It shall be the duty of the Secretary to keep the full and correct minutes and records of all meetings and to file them with the Municipal Clerk where they shall be available for public inspection at any reasonable time.

If the Municipality has a Chief Health Officer or Health Director and Plumbing Inspector, then they shall act as members of the Plumbing Board ex officio and shall receive no extra compensation.  If there are no such officers in the Municipality, then, on being appointed, they shall each receive as a salary an amount to be determined by resolution of the Governing Body.  The members of the Board who are not ex officio members shall be paid an amount to be determined by resolution of the Governing Body.

The Board shall be funded from time to time by the Governing Body out of the General Fund.  The Board shall meet only upon call by the Chairperson.  Three (3) members of the Board shall constitute a quorum for the purpose of doing business.

It shall be the duty of the Board to adopt rules and regulations, not inconsistent with other Municipal ordinances and State law, for the sanitary construction, alteration, and inspection of plumbing and sewerage connections and drains placed in, or in connection with, any and every building in the Municipality.  Such rules and regulations, except those that are adopted for the Boards own convenience only, shall be approved by ordinance by the Mayor and City Council.  Subject to the same approval requirements, the Board shall have the power to amend or repeal its rules and regulations at any time.

Any person desiring to do any plumbing or to work at the business of plumbing in the Municipality shall make a written application to the Plumbing Board for an examination for a license.  The Board shall examine the applicant as to his or her practical and theoretical knowledge of plumbing, house drainage, ventilation, and sanitation.  If the applicant shows himself or herself competent, the Board shall cause the Chairperson and Secretary to execute and deliver to the applicant a license authorizing him or her to do plumbing in the Municipality.

All original licenses may be renewed and all renewal licenses may be renewed by the Plumbing Board at the dates of their expiration.  Such renewal licenses shall be granted, without a reexamination, upon the written application of the licensee filed with the Board and showing that his or her purposes and condition remain unchanged, unless it is made to appear by affidavit before the Board that the applicant is no longer competent, or entitled to such renewal license, in which event the renewal license shall not be granted until the applicant has undergone the required examination.

All original and renewal licenses shall be good for one year or two years from the date of issuance as determined by the Plumbing Board, except that any license may be revoked or suspended by the Plumbing Board at any time upon a hearing upon sufficient written, sworn charges filed with the Board showing the holder of the license to be incompetent or guilty of a willful breach of the rules, regulations, or requirements of the Board or of the laws or municipal ordinances relating thereto or of other causes sufficient for the revocation or suspension of his or her license, of which charges and hearing the holder of such license shall have written notice.

The licensing requirements of this section shall not apply to employees of the water and utility acting with the scope of their employment.

The Board shall be responsible for making such reports and performing such additional duties as the Governing Body may, from time to time, designate.  All actions of the Board shall be subject to the review and supervision of the Governing Body.  (Ref. 18-1901 through 18-1909 RS Neb.) (Ord. #99-121)

§2-206 BOARD OF ELECTRICAL EXAMINERS.  The Mayor with the advice and consent of a majority or the Council shall appoint the Board of Electrical Examiners.  The Board shall consist of four (4) members: The Municipal Engineer, the Municipal Electrical Inspector, and two (2) electricians. All members shall be residents of the Municipality and, except for the Municipal employees and officials of the Board shall be licensed electricians; Provided, however, that members of the Board of Electrical Examiners who are employees of the Municipality need not be licensed by the Municipality.  Each member of the Board shall be required to give a bond in the sum of one thousand dollars ($1,000.00).  The term of office of the Chairman of the Board and the Electrical Inspector shall be four (4) years unless removed or reappointed.  The term of office of the licensed electricians shall be one (1) and two (2) years respectively.  At the time of the Board's first (1st) meeting in January of each year, the Board shall organize by selecting from the membership one (1) person to serve as chairman.  The Electrical Inspector shall serve as secretary.  It shall be the duty of the secretary to keep the full and correct minutes and records of all meetings and to file the same with the Municipal Clerk where they shall be available for public inspection at any reasonable time.  The members of the Board shall serve without compensation.  The licensed electricians may be compensated with a salary in an amount to be determined by resolution of the Governing Body.  The Board shall be funded from time to time by the Governing Body out of the General Fund.  The Board shall meet at such times as the Governing Body may designate.  Special meetings may be held upon the call of the chairman, or any two (2) members of the Board.  A majority of the membership shall constitute a quorum for the purpose of doing business.  It shall be the duty of the Board to adopt rules and regulations, not inconsistent with other Municipal ordinances and State law, for the construction, alteration, and inspection of electrical connections and wires placed in, or in connection with, any and every building in the Municipality.  The Board shall have the authority to compel the owner or contractor of any building to first submit the plans for any electrical work that is to be installed for approval prior to such installation.  Any person desiring to do any electrical work, or to work at the business of an electrician in the Municipality shall make a written application to the Electrical Board for an examination to test the applicant's practical and theoretical knowledge of electrical wiring, fire prevention, and appliance installation.  The Board may then cause the chairman and secretary to execute and deliver to the applicant a license authorizing him to do electrical work in the Municipality.  Licenses so granted will be automatically renewable by the Electrical Board; Provided, the Board shall have the discretion to waive the examination if the Board is satisfied by other evidence that the applicant is competent to do electrical work.  If it comes to the attention of the Board that the licensee may not be competent or entitled to renewal, the Board shall have the power to compel the licensee to take an examination prior to renewal.  Any license so granted may be removed at any time by the Board for good and sufficient cause after a hearing before the Board.  The Board shall be responsible for making such reports and performing such additional duties as the Governing Body may, from time to time, designate.  All actions of the Board shall be subject to the review and supervision of the Governing Body.  No member of the Governing Body shall serve as a member of the Board of Electrical Examiners.  No member of the Board of Electrical Examiners shall serve in the capacity of both the chairman and secretary of the Board.  (Ref.  81-5,100 RS Neb.)

§2-207      BOARD OF HEALTH.  (1) The Governing Body shall appoint a Board of Health which shall consist of four (4) members.  The members of the Board shall include the Mayor, who shall serve as Chairperson, the President of the City Council, and two (2) other members.  One member shall be a physician or health care provider, if one can be found who is willing to serve.  Such physician or health care provider, if appointed, shall be the Boards medical advisor.  If the Mayor has appointed a Chief of Police, the Chief of Police shall serve on the Board as Secretary and quarantine officer.  The members of the Board shall serve, without compensation, a one (1) year term of office, unless reappointed, and shall reorganize at the first meeting in December of each year.  No member of the Board of Health shall hold more than (1) Board of Health position.

(2)  The Secretary shall keep full and correct minutes and records of all meetings and file the same with the Municipal Clerk where they shall be available for public inspection during office hours.  The Board of Health shall be funded by the Governing Body from time to time out of the General Fund.  A majority of the Board shall constitute a quorum for the purpose of doing business.  The Board shall meet at such times as the Governing Body may designate.  Special meetings may be held upon the call of the Chairperson, or any two (2) members of the Board.

(3)  The Board shall enact rules and regulations, which shall have the full force and effect of law, to safeguard the health of the people of the Municipality.  The Board shall enforce the rates and regulations and provide fines and punishments for any violations thereof.  It may regulate, suppress, and prevent the occurrence of nuisances and to matters of sanitation which affect the health and safety of the people.  The Board shall regularly inspect such premises and businesses as the Governing Body may direct.  All members of the Board shall be responsible for making such reports and performing such other duties as the Governing Body may, from time to time, designate.  (Ref. 17-121 RS Neb.) (Amended: Ord. #97-119)

§2-208       CEMETERY BOARD.  The Mayor with the advice and consent of a majority of the Council shall appoint a Board of six (6) members to be known as the Cemetery Board.  The Board shall have the entire control and management of the Municipal Cemetery, any subsequent addition thereto, or any other Cemetery belonging to the Municipality.  The members of the Board shall be selected from among the citizens at large who are bona fide residents of the Municipality; Provided, neither the Mayor nor any member of the Council shall be eligible to membership on the Board while holding the office of the Mayor or Council member.  Two (2) members of the Board shall be appointed each year.

Each appointee before assuming the duties of his office shall in the presence of the Municipal Clerk take the oath required for Municipal officers for whom no bond is required and said oath shall be filed in the office of the Municipal Clerk.  Vacancies in the Cemetery Board shall be filled in like manner for the unexpired term. The Board shall meet during the month of January in each year at such time as the Board shall by their own rules fix and shall elect from their own number a chairman and a secretary.  The secretary need not be a member of the Board.  The chairman shall preside at all meetings of the Board, shall sign all warrants for money to be paid out of the Cemetery Fund, and shall execute and sign all contracts and such other written instruments on behalf of the Board as may be necessary.  The secretary shall keep a true and complete record of the proceedings of the Board; shall draw and countersign all warrants for the payment of money out of the Cemetery Fund; shall attest all contracts and other written instruments of the Board; shall keep a true and correct list of the lots sold and to be sold with the price thereof, the same also to be indicated and kept current on accurate maps or plats of the Cemetery in the possession of the secretary; shall keep a true and accurate account of the receipts and expenditures of the Board; and shall file an annual report on the same with the Municipal Clerk on or before July first (1st) of each year.  No warrant shall be issued on the Cemetery Fund by the chairman and secretary as aforesaid, except on claims filed, verified by oath of the claimant, audited, and allowed by the action of a majority of the Cemetery Board at any regular or special meeting.  The minutes of the proceedings of the Cemetery Board shall set forth in detail the allowance, disallowance, or other disposition of all claims filed.

The Cemetery Board is hereby empowered to employ such labor and assistants as may be needful in caring for, improving, beautifying, and maintaining the Cemetery and to purchase implements, equipment, and materials suitable and necessary for said purposes.   

The Cemetery Board shall keep its records in the office of the Municipal Clerk or at such other convenient place in the business district of the Municipality as the Board may determine to be best suited for the economical administration of the affairs of the Cemetery.  All the records, plats, papers, correspondence, and documents shall be safely kept and preserved in said office.  The Board shall pay over all moneys collected once each thirty (30) days to the Municipal Treasurer, and take a receipt therefor in duplicate.  On or before the last day of each calendar month, the board shall file a written report with the Municipal Clerk, setting forth in detail the amount of money collected during the current month on account of lot sales with or without perpetual care, endowments for perpetual care of lots or parts of lots, grave digging charges and recording expense and service in connection with Cemetery certificates issued, and the amount of money expended by the Cemetery Board during the current month and for what purpose expended, identifying each item of expenditure by the corresponding Cemetery Board warrant number, together with the Municipal Treasurer's duplicate receipt of money paid over.  The monthly report of the Board shall be referred to the City Administrator for examination and the Governing Body shall in its proceedings accept or reject said report.     

The Cemetery Board shall have such additional duties and make such additional reports as the Governing Body may from time to time require.  (Ref.  12-401 through 12-403 RS Neb.)

§2-209 (A) RIGHTS & DUTIES OF HOUSING AGENCY.  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 Falls City 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 Falls City Housing Agency as successor.  All obligation, debts, commitments, and liabilities of the Housing Authority shall become obligations, debts, commitments and liabilities of the Falls City 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 Falls City Housing Agency, binding upon and enforceable by or against the Falls City Housing Agency, not withstanding 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.

B. THE FALLS CITY HOUSING AGENCY  BOARD.  The Mayor 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 unexpired 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 heshe resides within the area of operation of the Falls City Housing Agency.  A certificate of the appointment or reappointment 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 of 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 contract 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, officer 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.

C. APPOINTMENT OF RESIDENT COMMISSIONER.  A sixth Commissioner, to be known as the Resident Commissioner, shall be appointed to the governing body by the Mayor 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 interest in so serving shall be forwarded to the Mayor 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 unfilled, the Agency shall renotify 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.

D. REMOVAL OF COMMISSIONERS.  The Mayor may remove a Commissioner for neglect of duty, misconduct in office, or conviction of any felony, in the manner prescribed hereinafter.  The Mayor shall send a notice of removal to such commissioner, which 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 if 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.

E. AUTONOMY OF AGENCY.  The Falls City Housing Agency is a political subdivision, independent from the City of Falls City 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.

F. HOUSING AGENCY ACT ADOPTED.  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 Falls City Housing Agency, and the Housing Agency Commission shall fully comply with and be governed by the terms of the Nebraska Housing Agency Act.

G. POLICIES AND PROCEDURES.  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.

H. RULES AND REGULATIONS.  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.

I. ANNUAL REPORTS.  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 statement 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.

J. FILING OF PLANS.  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 and Urban Development. (Neb. RS 71-1572 to 71-15,168)(Amended: Ord. #2000-04)

§2-210   POLICE & FIRE EMPLOYMENT SELECTION BOARD.  (1)  The Police & Fire Employment Selection Board shall consist of four (4) regular members as follows: City Administrator; two (2) citizens of Falls City; and a Police Officer or Fire chief as herein provided.  In filling a vacancy for a Police Officer, the remaining Board member shall consist of the Chief of Police or in the absence of the Chief of Police then such Police Officer as designated by the Mayor.  In filling a vacancy for a Fire Truck Driver the remaining Board member shall consist of the Fire Chief or in the absence of the Fire Chief then such Assistant Fire Chief as designated by the Mayor.  The two (2) citizens of Falls City shall be appointed by the Mayor, by and with the approval and majority vote of the members of the City Council.  The term for each citizen shall be four (4) years, except that one member of the first Board shall serve for a term of two (2) years.  All citizen members shall hold office until their successors are appointed.  All citizen members vacancies occurring otherwise than through the expiration of their term, shall be filled for the unexpired portion of their term by the Mayor, by and with the approval and majority vote of the City Council.

(2) The members of the Board shall serve without compensation and may be required, in the discretion of the governing body, to give a bond in the sum set by resolution of the governing body, and conditioned upon the faithful performance of their duties.  It shall be the duty of the secretary to keep complete and accurate minutes of all Board meetings, showing the vote of each member upon each question, or, if absent or failed to vote, indicating such fact, and shall keep records of its examinations and other officials actions, all of which shall be immediately filed in the office of the City Clerk and shall be public record.  The Board shall organize at its first meeting in January and elect from its membership a Chairman and Secretary.  A majority of the Board shall constitute a quorum for purposes of doing business and the Board shall adopt rules in accordance with the direction of the governing body.

(3) It shall be the duty of the Board to advertise, review applications, give tests as directed by the governing body, give interviews, evaluate and give a recommendation to the Mayor for any vacancies of Police officers in the Falls City Police Department or Fire Truck Drivers in the Falls City Fire Department.  All recommendations shall be submitted to the Mayor for appointment to the Falls City Police Department or Falls City Fire Department subject to and with the approval and majority vote of the City Council.

(4) The Board shall be responsible for making reports and performing such duties as the governing body may designate. Ord. #97-138)

§2-211 INDUSTRIAL DEVELOPMENT BOARD; DEFINITION.  As used in this Article, unless the context requires otherwise:

1.  "Board" shall mean the Industrial Development  Board.      

2. "Industry" or "Business" shall include any and all types of commercial enterprise, including but not limited to, manufacturing, wholesaling, retail sales, processing, fabricating, and the assembling of products; Provided, however, it shall not include the business of the commercial feeding of livestock.

3.  "Public Service Facilities" shall mean those facilities and services provided by the Municipality such as sewage, water, and electrical power. 

4.   "Public Improvements" shall mean such improvements as sidewalks, streets, curbs, alleys, and  storm sewers.  

5.   "Industrial Tracts" shall mean areas of real estate set aside or dedicated to the location of   industry or business.

6.   "Real Estate" shall include hereditaments and improvements such as buildings located and attached to real estate. 

7.   "Municipality" shall mean the City of Falls City, Nebraska, and the Governing Body of the City of Falls City, Nebraska.         

§2-212   INDUSTRIAL DEVELOPMENT BOARD; MEMBERSHIP AND DUTIES.  The Board shall consist of five (5) members to be appointed by the Mayor, subject to the approval of the City Council.  Members shall serve without remuneration.  As the term of each Board member ends, the Mayor shall appoint a member to serve for a term of five (5) years from the date of said appointment.  One (1) member shall be appointed each year.  Each member shall be a resident of the Municipality and upon his or her appointment shall take an oath of office to be filed with the Municipal Clerk that he or she will support the Constitution of the United States, the Constitution of the State of Nebraska, the laws of the Municipality, and to perform faithfully and impartially the duties of his office.  At the first (1st) meeting of the Board, each year, following the third (3rd) Monday of January, the Board shall elect from the membership a chairman, treasurer, and secretary to serve for a period of one (1) year, or until their successors are elected and qualified.  The Board shall thereafter meet monthly at the time and place determined by the Board.  At the initial meeting of the Board, the members shall also:

1.  Select a time and place for the monthly meeting. 

2. Make such committee assignments and appointments as may be necessary.

3.  Consider the adoption of rules, regulations, and  bylaws to govern the internal affairs of the Board and  to promote  the activities  of  the  Board.          

The Board shall have full power and authority to carry out and implement the powers granted to the Municipality under the Nebraska Industrial Development Act, except as otherwise herein reserved to the Municipality.  It shall be the duty of the Board to:

1.   Actively  seek  for the  purposes of this section  and  the purposes prescribed in the Industrial  Development Act, tracts of real estate for their development as Industrial Tracts.  

2.   To negotiate and otherwise deal with owners of  any real estate for the purchase, lease, or rental thereof as Industrial Tracts and to that end  be empowered to enter into options for the purchase or leasing of real estate in the name of the Municipality.

3.   To negotiate and otherwise deal with public service corporations, utility companies, and private corporations for the purchase or acquisition of public service facilities, public improvements, or the construction and improvement of buildings and other permanent improvements of any  Industrial Tract owned or leased to the Municipality or upon which the Municipality holds  an  option or contract to purchase.     

4.  To negotiate for the leasing, rental, or sale of real  estate to private owners for the purpose of the location of new or the expansion of existing businesses.

The activities of the Board shall be financed each year from the General Funds of the Municipality upon appropriation by the Governing Body.  All funds received either by taxes levied or collected and all funds donated or in any way collected shall be kept for the use of the Board in carrying out the activities herein authorized and shall be kept separate and apart from the other funds of the Municipality, which funds shall be known as the Industrial Development Board Fund.  Expenditures drawn upon said fund shall be paid out by the Municipal Treasurer upon vouchers signed by the chairman of the Board and shall only be used for the purposes authorized herein.  The Board shall not enter into contracts, of any nature, involving an expenditure of more than three hundred dollars ($300.00) unless such contract has been approved by the Governing Body.           

The Board shall, on or before the first (1st) day of July of each year, file with the Governing Body, an annual report showing the amount of moneys received by said Board, an itemized list of the disbursements of said funds, and a review of the activities of the Board for the past year.  Said report should also contain the recommendations for the future activities of the Board for the ensuing year.  The Board shall make such other and further reports as, from time to time, the Governing Body may request or order.  Nothing herein contained shall authorize the Board to violate or attempt to violate any of the zoning laws of the Municipality.  Nothing herein contained shall authorize the Board to issue or otherwise deal in revenue bonds, which power is reserved to the Municipality.    (Ref. 13-1101 through 13-1110 RS Neb.)

§2-213  AIRPORT AUTHORITY BOARD.  The Airport Authority Board shall have the full and exclusive jurisdiction and control over all facilities owned or hereafter acquired by the Municipality for the purpose of aviation operation, air navigation, and air safety operation.  The Board is a body corporate and politic, constituting a public corporation, and an agency of the Municipality.  The Board shall consist of five (5) members.  Members of the Board shall be nominated and elected in the manner provided by law for the election of other elected officials and shall take office on the first (1st) Tuesday in December of each Municipal election year.  Members of the Board shall be residents of the Municipality and shall serve a term of six (6) years.  Two (2) members of the Board shall be elected in each Municipal election year; Provided, that in each third (3rd) election year, one (1) member only shall be elected to the Airport Authority Board.  Any vacancy on the Board resulting from any other cause than the expiration of a term of office, shall be filled by temporary appointment by the Mayor, with the approval of the City Council, until a successor can be elected at the next general Municipal election to serve the unexpired portion of the term.  A member of the Board may be removed from office for incompetence, neglect of duty, or malfeasance in office.  An action for the removal of such officer may be brought, upon resolution of the City Council, in the District Court of the County.  The Board shall have such other powers and duties as may be prescribed by State law.  (Ref.  3-501 through 3-514 RS Neb.)

§2-214 BOARD OF PUBLIC WORKS.  The Governing Body shall appoint the Board of Public Works.  The Board shall consist of not less than three (3) nor more than six (6) members who are residents of the Municipality.  The members of the Board shall serve a four (4) year term of office, at a salary set by ordinance of the Governing Body.  Each of the members shall be required to give a bond to the Municipality in the sum of five thousand dollars ($5,000.00) and shall be conditioned on the faithful performance of the duties of their office; Provided, the premium on the said bond shall be paid out of a Municipal fund designated by the Governing Body.  No member of the Board shall ever be financially interested in a contract entered into by the Board on behalf of the Municipality.  The members of the Board shall be required to take an oath to faithfully perform the duties of their office before entering upon the discharge thereof.  At the time of the Board's first (1) meeting in June of each year, the Board members shall organize by selecting from among their number a chairman and secretary.  It shall be the duty of the secretary to keep the full and correct minutes and records of all meetings and to file the same with the Municipal Clerk where they shall be available for public inspection at any time.  The minutes of each meeting shall be published in a legal newspaper of general circulation in the Municipality within thirty (30) days after it is held.  The Board shall meet at such times as the Governing Body may designate.  Special meetings may be held upon the call of the chairman, or any three (3) members of the Board.  A majority of the Board members shall constitute a quorum for the transaction of business.  It shall be the duty of the Board to operate any utility owned by the Municipality and to exercise all powers conferred by law upon the Municipality for the operation of utilities to the same extent as the Governing Body, except that the Board shall not make an expenditure other than ordinary operational expenses exceeding the amount of twenty thousand dollars ($20,000.00) without first obtaining the approval of the Governing Body.  The Board may, in its discretion employ a commissioner to operate one (1) or more of the Municipal Utilities and who shall be under the immediate authority of the Board of Public Works.  All actions of the Board shall be subject to the review and supervision of the Governing Body.  The Board shall be responsible for making such reports and performing such other duties as the Governing Body may, from time to time, designate.  No member of the Governing Body shall serve as a member of the Board of Public Works while serving a term of office as a member of the Governing Body.  No member of the Board of Public Works shall serve in the capacity of both the chairman and secretary of the Board.  (Ref.  17-801 through 17-810 RS Neb.)  

§2-215 SENIOR CITIZENS CENTER BOARD.  The mayor, with the Council shall appoint the Senior Citizens Center Board. The Board shall consist of seven (7) members who shall be residents of the Municipality.  The majority of the members shall be fifty-five (55) years of age or older.  One (1) of the members shall be a City Council member who will be an ex officio member of the Board and will vote only in the case of a tie.  The members shall represent insofar as is feasible different interest and occupations.  The members of the Board shall serve a three (3) year term of office unless reappointed.  The term of office of the Board members shall be for a period of three (3) years except for the City Council ex officio member who shall serve one (1) year.  Two (2) members of the Board shall be appointed or reappointed each year.  Each Board member so appointed shall serve until his successor is appointed and qualified.  Any Board member may be removed from office for the causes and in the manner prescribed by law.  Two (2) members of the original Board shall be appointed for a one (1) year term, two (2) members for a two (2) year term, and two members for a three (3) year term.  The Board shall serve without compensation and may be required, in the discretion of the Governing Body, to give a bond in a sum set by resolution of the Governing Body, and conditioned upon the faithful performances of their duties. 

At the time of the Board member's first (1st) meeting of each year, the Board shall organize by selecting from its membership a chairman and a secretary.  It shall be the duty of the secretary to keep the full and correct minutes and records of all meetings and to file the same with the Municipal Clerk where they shall be available for public inspection at any reasonable time. 

The Senior Citizens Center Board shall be funded by the Governing Body from time to time out of the General Fund.  A majority of the Board shall constitute a quorum for the purpose of doing business.  The Board shall meet monthly.  Special meetings may be held upon the call of the chairman or any two (2) members of the Board.  It shall be the duty of the Board to take the immediate charge of the Senior Citizens Center facility belonging to the Municipality.  The Board shall establish appropriate rules and regulations for the management, use, and operation of the same.  All employees of the Municipality doing work in or for the Senior Citizens Center shall be under the supervision and direction of the Board.  All actions of the Board shall be subject to the review and control of the Governing Body.  The Board shall be

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