§2-201   Falls City Code   §2-201

Article 2. Municipal Commissions and Boards
§2-201 LIBRARY BOARD. 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 shall have the authority to appoint a
Librarian and all other employees. The Board shall have
supervisory authority over all employees of the Library including
the Librarian.
The Library Board shall have general charge of the Municipal
Library and shall establish appropriate rules and regulations for
the management, operation, and use of the Library. 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 form time to time. (Ref. 51-202 RS Neb.) (Ord. #99-
119)
§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 three (3)
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. One (1) member of the Board shall be
appointed each year, 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. All accounts against the
Park Fund shall be audited by the Board of Park Commissioners and
warrants against such funds shall be drawn by the Chairman.
Warrants so drawn shall be paid by the Municipal Treasurer out of
the appropriate fund. 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 employees of the Municipality doing
work in or for the Municipal park 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 responsible for making such reports and performing such
other duties as the Governing Body may, from time to time,
designate. The Chairman of the Board shall, on January 1 and July
1 of each year, file with the Municipal Clerk an itemized statement
of all the expenditures of the Board. 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.)
§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 Board’s 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 Board’s 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 he\she 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
§2-210 Commissions and Boards §2-211
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:
§2-212 Commissions and Boards §2-212
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 responsible for
making such reports and performing such other duties as the
Governing Body may, from time to time, designate. The chairman of
the Board shall, on January 1 and July 1 of each year, file with
the Municipal Clerk an itemized statement of all the expenditures
of the Board. The Senior Citizens Center Board 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 Senior Citizens Center Board shall serve in the
capacity of both the chairman and secretary of the Board. (Amended
Ord. 95-103).
§2-216 ECONOMIC DEVELOPMENT BOARD; CONTRACTING FOR AN ECONOMIC
DEVELOPMENT PROGRAM. The City Council may:
(a) create an Economic Development Board for the City of Falls
City which will consist of seven (7) members. Four (4) at-large
members of the Board shall be appointed by the Mayor and approved
by the City Council. The remaining three (3) members shall be the
City Administrator, the Manager of the Falls City Area Chamber of
Commerce and the Employment Services Coordinator of the local
Workforce Development Career Center. The City Administrator,
Chamber Manager and Workforce Development Coordinator are permanent
appointments for as long as they hold office. The at-large members
shall hold office for a three (3) year term. Board members may be
reappointed. At-large members shall be residents of the City of
Falls City. The initial appointment of at-large members shall be
for one, two and three years, so as to stagger the terms of such
at-large members.
At the time of the Board’s first meeting each year, the Board
shall organize by selecting from its membership a Chairman,
Secretary and Treasurer. 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 Economic Development Board shall be funded by the
Governing Body from time to time out of the General fund. The
expenditures of the Board shall be within the amounts appropriated
for that purpose by the Governing Body and no expenditures, nor
agreements for expenditures, shall be valid or legal in excess of
such amounts.
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 on the call of the Chairman or any two (2)
members of the Board. All actions of the Board shall be subject to
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.
No member of the Board shall serve in the capacity of both Chairman
and Secretary. It shall be the duty of the Board to develop and
review and present to the City Council policies which the Board
believes shall be beneficial to the economic development of the
City of Falls City, to institute a plan for further economic
development; and
(b) From time to time, contract to an outside entity for an
economic development program for the City of Falls City. (Amended:
Ord. #1995-115; Ord. #2002-113; Ord. #2006-100)
§2-217 HOUSING BOARD. There is hereby created a Housing Board
for the City of Falls City. The Mayor, with the consent of the
council, shall appoint the Housing Board. The Board shall consist
of seven (7) members who shall be residents of the municipality.
One member shall be a member of the Economic Development Board and
shall serve a two (2) year term. The remaining six (6) members
shall be selected at large with three (3) of the initial members
serving a one (1) year term and three (3) of the initial members
serving a two (2) year term. Thereafter all terms shall be for two
(2) years. Members may be reappointed.
At the time of the Board’s first meeting each year, the Board
shall organize, by electing from its membership, 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 reasonable time.
A majority of the Board shall constitute a quorum for the
purpose of doing business. The Board shall address housing issues
throughout the community, including but not limited to, soliciting
and working with developers and builders; providing reference and
information on housing rehabilitation programs within the
municipality; serve as city liaison with the Falls City Affordable
Housing Council, Inc. and act as a housing advocate for Falls City
with state and federal agencies.
All actions of the Board shall be subject to the review of the
Governing Body. The Board shall make such reports and perform such
other duties as the Governing Body may from time to time direct.
No member of the Governing Body shall serve as a member of the
Board. No members of the Board shall serve in the capacity of both
chairman and secretary. (Added Ord. #95-116)
§2-218 COMMUNITY DEVELOPMENT AGENCY
There is hereby created the Falls City Community Development
Agency pursuant to Section 18-2101.01, R.R.S. Neb. 1943.
The Falls City Community Development Agency shall consist of
the Mayor and City Council of the City of Falls City.
The Falls City Community Development Agency shall function as
a community redevelopment authority and shall have all the power
and authority granted to a community redevelopment authority set
forth in Sections 18-2101 to 18-2154, R.R.S. Neb. 1943 and
amendments thereto.(Added by Ord. 96-107)
§2-219 CITIZENS ADVISORY REVIEW COMMITTEE (1) (A) There is hereby
created a Citizens Advisory Review Committee. The Mayor shall
appoint seven registered voters of the City of Falls City to the
Committee, subject to approval by the City Council. At least one
member of the Committee shall have expertise or experience in the
field of business finance or accounting. Ex officio members of the
Committee with responsibility for assisting the Committee and
providing it with necessary information and advice on the economic
development plan shall consist of the economic development
coordinator, city engineer/public works director and city
administrator/clerk, treasurer. The economic development
coordinator shall have the responsibility for the administration of
the economic development program.
(B) No member of the Citizens Advisory Review Committee shall
be an elected or appointed city official, an employee of the city,
a participant in a decision making position regarding the
expenditures of program funds, or an official or employee of any
qualifying business receiving financial assistance under the
economic development program or of any financial institution
participating directly in the economic development program. The
term for each citizen shall be three years commencing on the 1st of
July of each term, except that two members of the first Citizens
Advisory Review Committee shall serve for a term of one year and
two members of the first Citizens Advisory Review Committee shall
serve for a term of two 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.
(C) 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 official
actions, all of which shall be public record. The Board shall
organize at its first meeting 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.
(D) Said Citizens Advisory Review Committee shall conduct
regular meetings to review the functioning and progress of the
economic development program and to advise the governing body of
the City of Falls City with regard to the program. At least once
in every six-month period after the effective date of the
ordinance, the Committee shall report to the governing body on its
findings and suggestions at a public hearing called for that
purpose.
(E) The members of the Citizens Advisory Review Committee, in
their capacity as members and consistent with their
responsibilities as members, may be permitted access to business
information received by the City in the course of its
administration of the economic development program, which
information would otherwise be confidential (a) under section 84-
712.05, R.R.S. Neb. 1943, as amended, (b) by agreement with a
qualifying business participating in the economic development
program, or (c) under any ordinance of the City of Falls City
providing access to such records to members of the Committee and
guaranteeing the confidentiality of the business information
received by reason of its administration of the economic
development program. Any unauthorized disclosure of any business
information which is confidential under section 84-712.05 R.R.S.
Neb. 1943, as amended, shall be punishable as provided by law.
(2) Economic Development Plan. That pursuant to the approval
of the electors of the City of Falls City, Nebraska at a special
election held on May 13, 1997, there is hereby adopted pursuant to
provisions 18-2701 to 18-2738 R.R.S. Neb. 1943, as amended, known
as the Local Option Municipal Economic Development Act as said
statutes of the State of Nebraska, as the same may be from time to
time amended, the following economic development plan: (A)
Description of terms, conditions and goals: The goal of the Plan is
to provide jobs and capital investment in the City of Falls City,
Nebraska, by encouraging and assisting local businesses with
expansion and to recruit new businesses which will create new jobs
and expand the tax base. Success will be measured by the number
of jobs created and retained, the total dollars invested in the
buildings and equipment and the growth in total valuation in the
City of Falls City. Activities eligible are (1) Industrial Site
Development, including a spec building; (2) Revolving Loan and
Investment Fund from which low interest or performance based loans
will be made to qualifying businesses based on their job creation
or job retention targets; (3) Job Training; (4) Marketing or
Promotion of Falls City; and (5) Required Audit Fees.
(B) Duration of Program: The Program shall be in existence
from October 1, 1997 to September 30, 2007 (10 years).
(C) Years for Collection of Funds: Collection of funds shall
begin with the 1997-1998 fiscal year and each year thereafter
ending with the fiscal year 2006-2007.
(D) Source of Funds: The Source from which Funds are to be
collected shall be one-half of one percent of the City Sales and
Use Tax.
(E) Total Amount to be Collected: The total amount to be
collected from the local sources of revenue for the Economic
Development Program will not exceed $1,500,000.00 over a ten year
period and not exceed $150,000.00 per year.
(F) Additional Funds to be Sought from Other Non-City Sources:
Additional funds from other non-city sources shall be sought beyond
those derived from local sources of revenue.
(Ord. #98-108)
§2-220 COMMUNITY REDEVELOPMENT AUTHORITY OF THE CITY OF FALLS CITY.
(1) There is hereby created the Community Redevelopment
Authority of the City of Falls City pursuant to Nebraska Revised
Statutes Section 18-2102.10 which shall consist of five members.
(2) The Community Redevelopment Authority of the City Falls
City shall have all the powers set forth in the Nebraska Revised
Statues Section 18-2101 through 18-2154 and any additional powers
granted by the legislature of the State of Nebraska from time to
time for community redevelopment authorities.
(3) The affairs of the Community Redevelopment Authority of
the City of Falls City shall be administered by the members of the
authority appointed by the Mayor of the City of Falls City and
approved by the City Council. The terms of office the members of
the five member authority initially appointed shall be for one
year, two years, three years, four years, and five years, as
designated by the Mayor. As the terms of the members of the
authority expire, the Mayor, with the approval of the City Council
of the city shall appoint or reappoint a member of the authority
for a term of five years to succeed the member whose term expires.
(4) The Community Redevelopment of the City of Falls City, at
its organizational meeting each year, shall elect a chairman, vice
chairman and shall have the power to employ council and a director
and such other officers and employees as may be desired. (Ord.
#2009-110)