MUNICIPAL CODE
of
THE CITY
of
ORDINANCE NO. 1215
AS AMENDED
PUBLISHED BY AUTHORITY
of the
MAYOR AND CITY COUNCIL
REISSUE
2010
Codified by
The City of
CITY OFFICERS
OF
REISSUE
2005
Updated January, 2012
************
Patty Noble......................................................................................... Treasurer/Clerk
James Kramer................................................................................. City
Administrator
Larry Bird............................................................................................... City
Attorney
************
CITY COUNCIL
Dan Willets, Mayor
Al Steen
Doug Russell
Harold Harris
Rick Collins
Gary Ballantine
Ralph Horacek
************
ORDINANCES OF A
GENERAL AND PERMANENT NATURE
of the CITY of
ORDINANCE NO. 1215
An ordinance of the City of Fullerton,
Nebraska, revising the general ordinances of the Municipality, repealing prior
ordinances in conflict herewith.
BE IT ORDAINED BY THE MAYOR AND CITY
COUNCIL OF
Section 1 Codification.
The general ordinances of the Municipality of Fullerton, Nebraska, are hereby
codified into ten (10) chapters and the articles and sections hereunder, which
are adopted and declared to be ordinances of this Municipality.
Section 2 Repeal
of Prior Ordinances in Conflict. All ordinances and parts of ordinances of
a general or permanent nature passed and approved prior to the passage and approval
of this codification ordinance and in conflict with this ordinance or with any
of the provisions of this ordinance, are hereby repealed; Provided, that in
construing the provisions of this ordinance the following ordinances shall not
be considered or held to be ordinances of a general or permanent nature,
to-wit:
1. Ordinances
vacating streets and alleys;
2. Ordinances
authorizing or directing public improvements to be made;
3. Ordinances
levying taxes or special assess- ments;
4. Ordinances
granting a franchise, or special license to persons, firms, or corporations;
5. Ordinances
providing for the issuance of bonds or other instruments of indebtedness;
6. Ordinances
establishing grades;
7. Real
Estate Transactions; or
8. Any
other ordinance which by nature would be considered special.
Section 3 Exceptions.
The repeal of ordinances as provided in Section 2, Ordinance No. 1215 shall not
affect any rights acquired, fines, penalties, forfeitures, or liabilities
incurred thereunder, or actions involving any of the provisions of such
ordinances and parts thereof prior to repeal. Such ordinances above repealed
are hereby continued in force and effect after the passage, approval and
publication of this general codification ordinance for the purpose of all rights,
fines, penalties, forfeitures, liabilities, and actions therefor.
Section 4 Defining
Chapters, Articles, and Sections. The chapters, articles, and
sections as set forth herein shall be and hereby are declared to be the
chapters, articles, and sections of this general codification ordinance. All
ordinances hereafter passed by the local Governing Body of the Municipality shall be numbered
consecutively, beginning with No. 1216.
Section 5 Severability.
If any section, subsection, paragraph, sentence, clause, phrase, term, or
provision of this ordinance should be declared invalid by any court of
competent jurisdiction for any reason whatsoever, such decision shall not
affect the remaining portions of this code, which will remain in full force and
effect, and the provisions of this ordinance are hereby declared to be
severable.
Section 6 Blanket
Penalty. Any person, his agents, or servants who shall violate any of the
provisions of this Municipal Code unless otherwise specifically provided
herein, shall be deemed guilty of an offense and upon conviction thereof, shall
be fined in any sum not exceeding one hundred dollars ($100.00). Whoever aids,
abets, procures, encourages, requests, advises, or incites another to commit
any act which is an offense under this Code or under any other ordinance of the
Municipality may be prosecuted and punished as though he were the principal
offender.
Section 7 General
Definitions:
1. Person.
Whenever used in this code, the word person shall include natural persons,
artificial persons, such as corporations, co-partnerships, associations, and
all aggregate organizations of whatever character.
2. Gender
and Number. All words used herein implying the masculine gender may apply
to, and include the feminine or neuter gender and all words importing the
plural may be applied to, and mean a single person, firm, or thing. All words
importing the singular number may be applied to and mean the plural number.
3. Code,
Ordinance, and Chapter. Municipal Code shall mean the General
Codification Ordinance No. 1215.
Ordinance and chapter are used synonymously unless from the context the
contrary clearly appears.
4. Wholesale
Dealer. The words wholesale dealer or sellers of said product at wholesale
shall embrace and include manufacturers of any product who sell the said
product to other persons for the purpose of future resale to consumers.
5. Municipal
and Municipality. The words Municipal and Municipality whenever used in
this code shall mean the City of Fullerton, Nebraska, a Municipal Corporation.
6. Governing
Body. The words Governing Body, whenever they appear in this Code mean the
Mayor and City Council of the Municipality.
7. Mayor.
The word Mayor means the Chief Administrative Official of the Municipality
whenever it appears in this Code.
8. Municipal
Police. Municipal Police shall mean any police officer of the Municipality
or shall mean any officer of the Nance County Sheriff's Department whenever it
appears in this Code as it may be changed from time to time by the Governing
Body.
Section 8
Time. Whenever words fixing or importing time or the hour of the
day are used in this Code, they shall be construed to mean Central Standard
Time or Central Daylight Savings Time whichever is applicable.
Section 9 Construction
of Chapters, Articles, and Sections. For purposes of
construction each chapter contained and arranged in this Code shall be
considered as a separate and distinct ordinance grouped for convenience under
the General Codification Ordinance No. 1215, each section appearing in the
several chapters of this Code shall be considered a separate and distinct unit
of legislation germane to the chapter or article under which it is grouped and
each article appearing in the said chapters shall be considered as a group of
legislative units germane to the chapter wherein it is placed. Any chapter,
article, or section duly enacted by the Governing Body of the Municipality and
included in this Code, and any other independent ordinance, chapter, article,
section, or subsection of an ordinance duly enacted shall be altered, amended,
or revised only by the complete nullification and repeal of such ordinance,
chapter, article, section, or subsection and by the substitution of a new
ordinance, chapter, article, section, or subsection containing the entire
ordinance, chapter, article, section, or subsection as amended, altered, or
revised.
Section 10 Supplementation
of Municipal Code. When preparing a
supplement to this Code, the codifier (meaning the person, agency or
organization authorized to prepare the supplement) may make formal
nonsubstantive changes in ordinances and parts of ordinances included in the
supplement, insofar as it is necessary to do so to embody them into a unified
Code. For example, the codifier may:
1. Organize
the ordinance material into appropriate subdivisions;
2. Provide
appropriate catchlines, headings and titles for section and other subdivisions
of the Code printed in the supplement, and make changes in such catchlines,
headings and titles;
3. Assign
appropriate numbers to sections and other subdivisions to be inserted in the
Code and, where necessary, to accommodate new material, change existing section
or other subdivision numbers;
4. Change
the words "this ordinance" or words of the same meaning to "this
chapter", "this article", "this section", etc., as the
case may be, or to "sections to " (inserting section numbers
to indicated the sections of the Code which embody the substantive section of
the ordinance incorporated into the Code); and
5. Make
other nonsubstantive changes necessary to preserve the original meaning of
ordinance sections inserted into the Code; but in no case, shall the codifier
make any change in the meaning or effect of ordinance material included in the
supplement or already embodies in the Code.
Section 11 Publication
and Distribution. This code was printed in book form under the direction of
the Governing Body, and shall be distributed as it may see fit. (Ref.
17-613, 17-614 RS Neb.)
Section 12 When
Operative. This ordinance shall be in full force and shall take effect from
and after its passage, approval and publication according to law.
Passed
and approved
Sandy Carey Mayor
(SEAL)
Lois Plebanek
Municipal Clerk
PREFACE
This 2005 Reissue of the Municipal Code of
Fullerton, Nebraska, 1995, contains all the ordinances of the Municipality of a
general and permanent nature. Certain ordinances which were in effect prior to
1995 or have been passed since then that are not general and permanent have
been omitted from this publication. In
addition, certain zoning ordinances and regulations are published in a separate
code book.
A Table of Contents appears after this
page, and a complete index to the subject matter is found at the end of this
volume. Convenient cross-references to
the Statutes of Nebraska indicate the source of legislative power and
supplement the text. However, those
statute numbers may have changed since the ordinance was adopted.
The text of the Fullerton Municipal Code, Reissue
2005, is arranged in the same manner as the Revised Statutes of Nebraska. The
number preceding the hyphen is the chapter number; immediately following the
hyphen is the article number; and following that is the section number. Each section number is complete within itself
indicating the number of the chapter, article, and section.
TABLE OF CONTENTS
Officials of the
Municipality
Ordinance Adopting Code
Preface
Table of Contents
Chapter 1
Administrative
Article 1. Elected Officials
Article 2. Appointed Officials
Article 3. Bonds and Oaths
Article 4. Corporate Seal
Article 5. Meetings
Article 6. Ordinance
Article 7. Elections
Article 8. Fiscal Management
Article 9. Compensation
Article 10. Repealed
Article 11. Penal Provision
Chapter 2
Commissions and Boards
Article 1. Standing Committees
Article 2. Commissions and Boards
Article 3. Penal Provision
Chapter 3
Departments
Article 1. Water Department
Article 2. Sewer Department
Article 3. Utilities Generally
Article
4. Fire Department
Article
5. Rescue Unit
Article 6. Parks
Article 7. Swimming Pool
Article
8. Library
Article
9. Municipal Tree Dump
Article
10. Penal Provision
Chapter 4
Health and Sanitation
Article 1. General Provisions
Article 2. Solid Waste Disposal
Article 3. Nuisances
Article 4. Penal Provisions
Chapter 5
Traffic Regulations
Article 1. General Provisions
Article 2. Prohibitions and Enforcement
Article 3. Parking
Article 4. Penal Provision
Chapter 6
Police Regulations
Article 1. Dogs
Article 2. Animals Generally
Article 3. Municipal Offenses
Article 4. Penal Provisions
Chapter 7
Fire Regulations
Article 1. Fires
Article 2. Fire Limits
Article 3. Fire Prevention
Article 4. Penal Provision
Chapter 8
Public Ways and Property
Article 1. Municipal Property
Article 2. Sidewalks
Article 3. Streets
Article 4. Curb and Gutter
Article 5. Trees
Article 6. Penal Provision
Chapter 9
Building Regulations
Article 1. Building Permits
Article 2. Building Moving
Article 3. Unsafe Buildings
Article 4. Building Regulations
Article 5. Minimum Lighting and Thermal Efficiency Standards
Article 6. Penal Provisions
Chapter 10
Business Regulations
Article 1. Alcoholic Beverages
Article 2. Peddlers and Hawkers
Article 3. Bingo
Article 4. Junk Yards
Article 5. Occupation Taxes
Article 6. Franchises
Article 7. Penal Provisions
Chapter 11
Municipal Planning
Article 1. General Provisions
Article 2. Penal Provision
Code Index
CHAPTER 1
ADMINISTRATIVE
Article 1. Elected Officials
§
§1‑102
§
§1‑104 CITY COUNCIL ORGANIZATION. City Council members of this
Municipality shall take office, and commence their duties on the first regular
meeting in December following their election. The newly elected Council members
who have qualified as prescribed by law, together with the members of the City
Council holding over, shall assemble in a regular meeting at the hour and place
hereinafter prescribed and perfect the reorganization of the City Council as
herein provided, and all appointive offices in which the terms of incumbents
are expired shall be filled by appointment. After the said meeting has been
called to order, the Municipal Clerk shall report to the City Council the names
of all City Council members‑elect who have qualified for their respective
offices, and this report shall be spread upon the minutes of the meeting
preceding the roll call. Each ward of the Municipality shall be represented by
at least two (2) Council members unless Council members are elected at large.
No person shall be eligible who is not at the time of his election an actual resident
of the ward for which he is qualified and should any City Councilmember move
from the ward from which he was elected, his office shall thereby become
vacant. (Ref. 17‑104, 17‑107.02RS
1‑105 ELECTED OFFICIALS; VACANCY.
(1) Vacancies in City elected offices
shall be filled by the Mayor and Council for the balance of the unexpired term
except as provided in this section. Notice of a vacancy, except a vacancy
resulting from the death of the incumbent, shall be in writing and presented to
the Council at a regular or special meeting and shall appear as a part of the
minutes of such meeting.
(2) The City Council shall at once
give public notice of the vacancy by causing to be published in a newspaper of
general circulation within the City or by posting in three (3) public places in
the City the office vacated and the length of the unexpired term.
(3) The Mayor shall within four (4)
weeks after the regular meeting at which such notice has been presented, or
upon the death of the incumbent, call a special meeting of the City Council at
which time the Mayor shall submit the name of a qualified elector to fill the
vacancy for the balance of the unexpired term.
(4) No officer who is removed at a
recall election or resigns after the Initiation of the recall process shall be
appointed to fill the vacancy resulting from his or her removal or the removal
of any other member of the City Council during the remainder of his or her term
of office.
(5) Upon a majority vote of approval
by the City Council the vacancy shall be filled. If a majority vote is not
reached the nomination shall be rejected and the Mayor shall at the next
regular meeting submit the name of another qualified elector. If the vote on
the nominee fails to carry by majority vote, the Mayor shall continue at such
meeting to submit the names of qualified electors and the City Council shall
continue to vote upon such nominations until the vacancy is filled.
(6) The Mayor shall cast his or her
vote only in case of a tie vote of the City Council.
(7)
(8) The Mayor and Council may, in lieu
of filling a vacancy in a City office as provided above in this section, call a
special Municipal Election to fill such vacancy.
(9) If there are vacancies in the
offices of a majority of the members of the City Council, there shall be a
special Municipal Election conducted by the Secretary of State to fill such
vacancies. (Ref.32‑4,152,32‑1406RS
§1‑106 ELECTED
OFFICIALS; MAYOR: . (1) Whenever a vacancy occurs in the office of Mayor, or in case of his
disability or absence, the President of the Council shall exercise the office
of Mayor for the unexpired term until such vacancy is filled or such disability
is removed, or in case of temporary absence, until the Mayor returns.
(2) When the successful candidate for
Mayor shall be prevented from assuming office, the incumbent Mayor shall not be
entitled to hold over the term, but such office shall automatically become
vacant and the President of the Council shall exercise the office of Mayor
until such vacancy is filled.
(3) If the President of the Council
shall for any cause assume the office of Mayor for the remainder of the
unexpired term, there shall be a vacancy on the Council which shall be filled as provided in section 1‑105. (Ref. 17‑107, 17‑115 RS Neb.)
Article 2. Appointed Officials
§1‑201 APPOINTED
OFFICIALS; GENERAL AUTHORITY. The Mayor, by, and with the consent of the City Council, may
appoint such officers as shall be required by ordinance or otherwise required
by law. Such officers may be removed from office by the Mayor. The Mayor, by,
and with the consent of the City Council, shall appoint such a number of
regular policemen, and other officials as may be necessary, and may establish a
police reserve force as provided by law. All police officers, and other
appointed officials shall be subject to removal at any time by the Mayor. (Ref. 17‑107, 81‑1438 through 81‑1446
RS Neb.)
§1‑202 APPOINTED OFFICIALS MERGER OF OFFICES. The Governing Body may, at its
discretion, by ordinance combine and merge any elective or appointive office or
employment or any combination of duties of any such offices or employments,
except Mayor and Councilmember, with any other elective or appointive office or
employment so that one or more of such offices or employments or any
combination of duties of any such offices or employments may be held by the
same officer or employee at the same time. The offices or employments so merged
and combined shall always be construed to be separate and the effect of the
combination or merger shall be limited to a consolidation of official duties
only. The salary or compensation of the officer or employee holding the merged
or combined offices or employments or offices and employments shall not be in
excess of the maximum amount provided by law for the salary or compensation of
the office, offices, employment or employments so merged and combined. For
purposes of this section, volunteer firefighters and ambulance drivers shall
not be considered officers. (Ref. 17‑108.02
RS Neb.)
§1‑203 APPOINTED OFFICIALS MUNICIPAL CLERK. (1) The Municipal Clerk shall attend
the meetings of the Governing Body, and keep a correct journal of the
proceedings of that body. He or she shall keep a record of all outstanding
bonds against the Municipality and when any bonds are sold, purchased, paid, or
canceled, said record shall show the fact. He or she shall make, at the end of
the fiscal year, a report of the business of the Municipality transacted
through his or her office for the year. That record shall describe particularly
the bonds issued, and sold during the year, and the terms of the sale
with each, and every item, and expense thereof. He or she shall file all
official bonds after the same shall have been properly executed, and approved.
He or she shall make the proper certificate of passage which shall be attached
to original copies of all bond ordinances hereafter enacted by the Governing
Body.
(2) The
Municipal Clerk shall issue, and sign all licenses, permits, and occupation tax receipts
authorized by law, and required by the Municipal ordinances. He or she shall
collect all occupation taxes, and license money except where some other
Municipal officer is specifically charged with that duty. He or she shall keep
a register of all licenses granted in the Municipality, and the purpose for
which they have been issued.
(3) The Municipal Clerk shall permit
no records, public papers, or other documents of the Municipality kept, and
preserved in his or her office to be taken therefrom, except by such officers
of the Municipality as may be entitled to the use of the same, but only upon
their leaving a receipt therefor. He or she shall keep all the records of his
or her office, including a record of all licenses issued by him or her in a
blank book with a proper index. He or she shall include as part of his or her
records all petitions under which the Governing Body shall order public work to
be done at the expense of the property fronting thereon, together with
references to all resolutions, and ordinances relating to the same. He or she
shall endorse the date, and hour of filing upon every paper, or document so
filed in his or her office. All such filings made by him or her shall be properly
docketed. Included in his or her records shall be all standard codes,
amendments thereto, and other documents incorporated by reference, and arranged
in triplicate in a manner convenient for reference. He or she shall keep an
accurate, and complete account of the appropriation of the several funds, draw,
sign, and attest all warrants ordered for the payment of money on the
particular fund from which the same is payable. At the end of each month, he or
she shall then make a report of the amounts appropriated to the various funds,
and the amount of the warrants drawn thereon. Nothing herein shall be construed
to prevent any citizen, official, or other person from examining any public
records at all reasonable times.
(4) The Municipal Clerk shall deliver
all warrants, ordinances, and resolutions under his or her charge to the Mayor
for his or her signature. He or she shall also deliver to officers, employees,
and committees all resolutions, and communications which are directed at said
officers, employees, or committees. With the seal of the Municipality, he or
she shall duly attest the Mayor's signature to all ordinances, deeds, and
papers required to be attested to when ordered to do so by the Governing Body.
Within thirty (30) days after any meeting of the Governing Body, the Municipal Clerk shall prepare, and publish the
official proceedings of the Governing Body in a legal newspaper of general circulation in the Municipality, and
which was duly designated as such by the Governing Body. Said publication shall
set forth a statement of the proceedings thereof and shall also include the
amount of each claim allowed, the purpose of the claim, and the name of the
claimant, except that the aggregate amount of all payroll claims may be
included as one (1) item. Between July 15 and August 15 of each year, the
employee job titles and the current annual, monthly, or hourly salaries
corresponding to such job titles shall be published. Each job title published
shall be descriptive and Indicative of the duties and functions of the
position. The charge for such publication shall not exceed the rates provided
by the statutes of the State of
(5) The Municipal Clerk shall receive
all objections to creation of paving districts, and other street Improvements.
He or she shall receive the claims of any person against the Municipality, and
in the event that the said claim is disallowed in part, or in whole, the
Municipal Clerk shall notify such claimant, his or her agent, or attorney by
letter within five (5) days after such disallowance, and the Municipal Clerk
shall then prepare transcripts on appeals of any disallowance of a claim in all
proper cases.
(6) The Municipal Clerk may charge a
reasonable fee for certified copies of any record in his or her office as set
by resolution of the Governing Body. He or she shall destroy Municipal records
under the direction of the State Records Board pursuant to sections 84‑1201 through 84‑1220; provided, the Governing Body shall not
have the authority to destroy the minutes of the Municipal Clerk, the permanent
ordinances, and resolution books, or any other records classified as permanent
by the State Records Board. (Ref. 17‑605,
19‑1102, 19‑1104, 84‑1201 through 84‑1220, 84‑712
RS Neb.)
§1‑204 APPOINTED
OFFICIALS; MUNICIPAL TREASURER. The Municipal Treasurer shall be the custodian of all moneys
belonging to the Municipality. He shall keep all money belonging to the
Municipality separate, and distinct from his own money. He shall keep a
separate account of each fund or appropriation. and the debits, and credits
belonging thereto. He shall issue duplicate (2) receipts for all moneys
received by him for the Municipality. He shall give; to every person paying
money into the Municipal Treasury, a receipt therefore, specifying the date of
payment, and the account paid. One (1) of the receipts shall be filed with his
monthly report, and the last copy of the said receipt shall be kept on file in
his office. His books and accounts shall always be open for inspection by any
citizen of the Municipality whenever any Municipal fiscal record, audit,
warrant, voucher, invoice, purchase order, requisition, payroll check, receipt
or other record of receipt, cash or expenditure involving public funds is
involved. He shall cancel all bonds, coupons, warrants, and other evidences of
debt against the Municipality, whenever paid by him, by writing, or stamping on
the face thereof, "Paid by the Municipal Treasurer," with the date of
payment written or stamped thereon. He shall collect all special taxes,
allocate special assessments to the several owners, and shall obtain from the
§1‑205 APPOINTED OFFICIALS; CLERK‑TREASURER‑WATER
COMMISSIONER POSITION CREATED. The appointive offices of the Municipal Clerk, Municipal
Treasurer, and Water Commissioner are hereby combined and merged in accordance
with the authority granted to the Governing Body by section 1‑202.
§1‑206 APPOINTED
OFFICIALS; TREASURER’S MONTHLY REPORT. The Municipal Treasurer shall at the end of each, and
every month, and such other times as the Governing Body may deem necessary,
render an account to the Governing Body under oath showing the financial state
of the Municipality at that date, the amount of money remaining in each fund
and the amount paid therefrom, and the balance of money remaining in the
Treasury. He shall accompany the said account with a statement of all receipts,
and disbursements, together with all warrants redeemed, and paid by him. He
shall also produce depository evidence that all Municipal money is in a
solvent, and going bank in the name of the Municipality. If the Municipal
Treasurer shall neglect, or fail for the space of ten (10) days from the end of
each and every month to render his accounts as aforesaid, the Governing Body
shall, by resolution, declare the office vacant, and appoint some person to
fill the vacancy. The Municipal Treasurer shall be present at each regular
meeting of the Governing Body at which time he shall read, and file his monthly
report. (Ref. 17‑606 RS Neb.)
§1‑207 APPOINTED
OFFICIALS; TREASURER’S ANNUAL REPORT. The Municipal Treasurer shall publish in a legal
newspaper having general circulation within the Municipality, within sixty (60)
days following the close of each fiscal year, a report of the activities of his
office which said report shall show in detail. Said report shall include all
receipts, disbursements, warrants outstanding, and the debit, or credit balance
of the Municipality. (Ref. 19‑1101
RS Neb.)
§1‑208 APPOINTED
OFFICIALS; MUNICIPAL ATTORNEY. The Municipal Attorney is the Municipality's legal advisor,
and as such he shall commence, prosecute, and defend all suits on behalf of the
Municipality. When requested by the Governing Body, he shall attend meetings of
the Governing Body, and shall advise any Municipal official in all matters of
law in which the interests of the Municipality may be involved. He shall draft
such ordinances, bonds, contracts, and other writings as may be required in the
administration of the affairs of the Municipality. He shall examine all bonds,
contracts, and documents on which the Governing Body will be required to act,
and attach thereto a brief statement in writing to all such instruments, and
documents as to whether, or not, the document is in legal, and proper form. He
shall prepare complaints, attend, and prosecute violations of the Municipal
ordinances when directed to do so by the Governing Body. Without direction, he
shall appear, and prosecute all cases for violation of the Municipal ordinances
that have been appealed to, and are pending in any higher court. He shall also
examine, when requested to do so by the Governing Body, the ordinance records,
and advise, and assist the Municipal Clerk as much as may be necessary to the
end that each procedural step will be taken in the passage of each ordinance to
insure that they will be valid, and subsisting local laws in so far as their
passage, and approval are concerned. The Governing Body shall have the right to
compensate the Municipal Attorney for legal services on such terms as the
Governing Body and the Municipal Attorney may agree, and to employ any
additional legal assistance as may be necessary out of the funds of the
Municipality. (Ref. 17‑610 RS Neb.)
§1‑209 APPOINTED
OFFICIALS; MUNICIPAL PHYSICIAN. The Municipal Physician shall be a member of the Board of
Health of the Municipality, and perform the duties devolving upon him as the
medical advisor of the said board. In all injuries where a liability may be
asserted against the Municipality, the Municipal Physician shall immediately
investigate the said injuries, the extent thereof, and the circumstances. He
shall then report the results of his investigation with the name of the party
injured, and all other persons who may have personal knowledge of the matter.
He shall make all physical examinations, and necessary laboratory tests
incident thereto, and issue such health certificates as are required by ordinance.
For the purpose of making examinations of the sanitary conditions of the
property, and the state of health of the inhabitants therein, he shall have the
right at all reasonable hours to go upon, and enter all premises, buildings, or
other structures in the Municipality. He shall perform such other duties as may
be required of him by the laws of the State of
§1‑210 APPOINTED
OFFICIALS;
§1‑211 APPOINTED
OFFICIALS; MUNICIPAL
§1‑212 APPOINTED
OFFICIALS; MUNICIPAL ENGINEER. The Municipal Engineer shall make all surveys, estimates, and
calculations necessary to be made for the establishment of any public utilities
and the costs of labor and materials therefor. He shall accurately make all
plats, sections, and maps as may be necessary under the direction of the
Governing Body. Upon request, he shall make estimates of the cost of labor and
material which may be done or furnished by contract with the Municipality, and
make all surveys, estimates, and calculations necessary to be made for the establishment
of grades, building of culverts, sewers, electric light system, waterworks,
power plant, public heating system, bridges, curbing, and gutters and the
improvement of streets and erection and repair of buildings, and shall perform
such other duties as the Governing Body may require. (Ref. 17‑150, 17‑405, 17‑568‑01, 17‑919,
81‑839 RS Neb.)
§1‑213 APPOINTED
OFFICIALS; SPECIAL ENGINEER. The Governing Body may employ a Special Engineer to make or
assist the Municipal Engineer in making any particular estimate, survey, or
other work. The Special Engineer shall make a record of the minutes of his
surveys and all other work done for the Municipality. He shall, when directed
by the Governing Body, accurately make all plats, sections, profiles, and maps
as may be necessary in the judgment of the Governing Body. He shall, upon
request of the Governing Body, make estimates of the costs of labor and
material which may be done or furnished by contract with the Municipality, and
make all surveys, estimates, and calculations necessary for the establishment
of grades, bridges, building of culverts, sewers, electric light system,
waterworks, power plant, public heating system, curbing and gutters, and the
improvement of streets and erection and repair of buildings, and shall perform
such other duties as the Governing Body may require. All records of the Special
Engineer shall be public records which shall belong to the Municipality, and
shall be turned over to his successor. (Ref.
17‑405, 17‑568, 17‑568.01, 17‑919 RS Neb.)
§1‑214 APPOINTED
OFFICIALS; MUNICIPAL WATER COMMISSIONER.
The Municipal
Water Commissioner shall have general supervision and control over the
Municipal Water System, and shall be primarily responsible for its economic
operation and prudent management. Included in the said water system shall be
the water plant, the pump house, all machinery, and appliances used in
connection with producing and distributing water to inhabitants of the
Municipality. All actions, decisions, and procedures of the Water Commissioner
shall be subject to the general directives and control of the Governing Body.
The Municipal Water Commissioner shall have the general control and supervisory
authority over all employees of the Water System which the Governing Body may
from time to time hire to operate and maintain the said system. Unless some
other official is specifically designated, he shall collect all money received
by the Municipality on account of the said system of waterworks, and shall
faithfully account for, and pay over to the Municipal Treasurer all such money
collected in the name of the Municipality and receive a receipt from the
Municipal Treasurer for the depository evidence of his faithful discharge of
this duty. This receipt shall then be filed with the Municipal Clerk, and the
second (2nd) copy shall be kept by the said Commissioner. He shall make a
detailed report to the Governing Body at least once every six (6) months, of
the condition of the said water system, of all mains, pipes, hydrants,
reservoirs, and machinery and such improvements, repairs, and extensions
thereof as he may think proper. The report shall show the amount of receipts
and expenditures on account thereof for the preceding six (6) months. No money
shall be expended for improvements, repairs, or extensions of the said
waterworks system except upon the recommendation of the Commissioner. The Water
Commissioner who may be removed at any time by the Mayor, and a two‑thirds
(2/3) vote of the Governing Body, shall provide a bond conditioned upon the
faithful discharge of his duties which shall amount to not less than the amount
set by resolution of the Governing Body and on file in the office of the
Municipal Clerk. The Water Commissioner shall perform such additional duties as
may be prescribed by the Governing Body. (Ref.
17‑107,17‑541, 17‑543 RS Neb.)
§1‑215 APPOINTED
OFFICIALS; MUNICIPAL OVERSEER OF STREETS
(2) The Municipal Overseer of Streets
and Sewers shall have the immediate control and supervision over all the
employees, and property that make up the Municipal sewer system, subject to the
general control, and directives of the Governing Body. He shall at least every
six (6) months, make a detailed report to the Governing Body on the condition
of the sewer system, and shall direct their attention to such improvements,
repairs, extensions, additions, and additional employees as he may believe are
needed along with an estimate of the cost thereof. He shall have such other
duties as the Governing Body may delegate to him. He shall issue permits for
all connections to the Municipal sewer system, and inspect and supervise all
repairs made to the said system. (Ref. 17‑107,
17‑119 RS Neb.)
§1‑216 APPOINTED
OFFICIALS; MUNICIPAL
§1‑217 APPOINTED
OFFICIALS;
(2) The office of the City
Administrator may not be held by the Mayor. The City Administrator may be
removed at any time by the Mayor.
(3) The purpose of the office of the
City Administrator is to provide centralization of the administrative
responsibilities of the City; such City Administrator to be the administrative
head of the City government under the direction and control of the Mayor and
the City Council.
(4) The duties of the City
Administrator shall be as follows:
(a) To
make and keep up to date an Inventory of all property, real and personal, owned
by the City.
(b) To act as purchasing agent for the purchase
of all supplies, goods, wares, and merchandise, equipment and material which
may be required for the various departments, divisions, or services of the
City.
(c) Shall
have prepared and maintained a current inventory of all property, real and
personal owned by the City.
(d) To serve as public relations officer of the
City government, and in such capacity to investigate and adjust all complaints
filed against any employee, department, division, or service thereof: and to
cooperate with all community organizations whose aid and purpose is to advance
the best Interest of the City and its
people: and to attend meetings of such organizations, If, in his judgment, such
attendance is necessary and desirable.
(e) To attend all meetings of the City Council
with the duty of reporting any matter concerning City affairs under his
supervision or direction; and to attend such other meetings of the City
departments and officials as his duties may require.
(f) To analyze the functions, duties, and
activities of other various departments, divisions, and services of the City
government and of all employees thereof, and to make recommendations regarding
the same to the Mayor and the City Council.
(g) To carry out directions and recommendations
of the Mayor and City Council in coordinating the administrative functions and
operations of the various departments.
(h) To procure facts and submit proposals for
long‑range programs and improvements to the Mayor and the City Council
and to make recommendations to the Mayor and the City Council in any matter
believed by him to be necessary or expedient.
(i) To investigate and make recommendations to
the Mayor and the City Council regarding the duties and activities of any and
all employees of the City over which he exercises jurisdiction and recommend to
the Mayor and the City Council the appointment, dismissal, transfer,
commendation, promotion, demotion, or suspension of such employees.
Appointment, dismissal, transfer, commendation, promotion, demotion, or
suspension of such employees will be made by and upon the recommendations of
the Mayor and the confirmation of any by the City Council.
(j) To administer through the heads of
departments and to be responsible for all departments and divisions of the City
government which are under the direction of the Mayor and the City Council
including the police and fire departments, except insofar as such jurisdiction
and administration conflicts with the Civil Service Law pertaining to such
police and fire departments. The office of the City Attorney and the City
Physician shall not come under the administration and responsibility of the
City Administrator; said Administrator, however, is to be available to assist
these officers in any administrative matter that may arise; and those officers,
in turn, shall be available to assist the City Administrator in the discharge
of his duties.
(k) To recommend to the Mayor and the City
Council the adoption of such measures and ordinances as are deemed necessary or
expedient.
(1) To prepare and recommend to the Mayor and
the City Council a classification and compensation plan. He shall be the
Personnel Officer of the City, and shall keep and maintain appropriate records
of the employment status of each employee.
(m) To make investigations into the affairs of
the City and any department or division thereof, and any contract, or the
proper performance of any obligation pertaining to the City.
(n) To exercise general supervision over all
public buildings, streets, and other public property which are under the
control and jurisdiction of the Mayor and the City Council.
(o) To review and submit to the Mayor and the
City Council at the end of each month and the end of the fiscal year, a
complete report on the finances and administrative activities of the City for
the preceding period. As prepared by the City Clerk and Treasurer.
(p) Shall prepare the insurance specifications
of the City and send them out for bids. To keep the Insurable property of the
City appropriately insured.
(q) To keep open the office of the City
Administrator for public affairs during days and hours as set by the Mayor and
the City Council.
(r) To perform such other duties and exercise
such other powers as may be delegated to him from time to time by ordinances or
resolutions of the City Council; and where action of the City Council is not
required, such duties and powers as may be prescribed by the Mayor.
(s) Shall
have periodic staff meetings with all department heads and employees.
(t) Shall attend seminars and meetings that
further educate, aid, and inform the administrator in doing his/her job more
effectively and proficiently with the approval of the Mayor and City Council.
(u) Act as the City's liaison to State and
Federal economic/industrial development agencies; actively pursue community
grant funding, by maintaining a working knowledge of grants, grant companies,
loans, and monies available for community/ economic development; be responsible
for the application, or assisting in the application, of such grants.
(v) The City Administrator shall act as the
agent of the Mayor in the discharge of the Administrator's duties and the
superintending and control of all of the officers and the affairs of the City.
The City Administrator shall have no independent power to exercise any policy‑making
or any legislative functions whosoever. The City Administrator may not commit
or bind the City to any plan, action, or program requiring official action by
the City Council.
(5) The salary and benefits of the
City Administrator shall be fixed by ordinance of the City Council.
(6) The City Administrator shall
furnish a corporate surety bond to be approved by the City Council. The sum of
such bond may be determined by the City Council, and shall be conditioned on
the faithful performance of the duties imposed on the City Administrator as
herein described. Bond fee will be paid by the City.
(7) The City Council and its members
shall deal with the administrative services of the City only through the City
Administrator except for the purpose of inquiry, and neither the City Council
nor any members thereof shall give orders to any subordinate of the City
Administrator.
(8) The City Administrator, in the
discharge of his duties, shall have the right to expend an amount, not to
exceed the limits set by the City Council, when entering into contracts for
City work and/or Improvements and/or purchase of equipment, without advertising
for bids, and within any dollar limitation as set by the City Council, to make
any contract on behalf of the City for general purchases, maintenance, and
improvements. The expenditure limitations herein is to apply to all departments
of the City. (Ref. 17‑604 RS Neb.)
§1‑218 APPOINTED OFFICIALS; ZONING ADMINISTRATOR. The Mayor may appoint a Zoning Administrator, by and
with the consent of the City Council. In the absence of a specific appointment
by the Mayor, the City Administrator is hereby designated as the Zoning
Administrator. (Ref. 17‑109, 17‑604
RS Neb.)
Article 3. Bonds and Oaths
§1‑301 BONDS;
§1‑302 OATH OF
OFFICE MUNICIPAL OFFICIALS. All officials of the Municipality,
whether elected or appointed, except when a different oath is specifically
provided herein, shall, before entering upon their respective duties, take and
subscribe the following oath which shall be endorsed upon their respective
bonds:
"I ______________________________
do solemnly swear that I will support the Constitution of the United States and
the Constitution of the State of Nebraska, against all enemies foreign and
domestic; that I will bear true faith and allegiance to the same; that I take
this obligation freely, and without mental reservation, or for the purpose of
evasion; and that I will faithfully and impartially perform the duties of the
office of according to law, and to the best of my ability. And I do further
swear that I do not advocate, nor am I a member of any political party or
organization that advocates the overthrow of the government of the United
States or of this State by force, or violence; and that during such time as I
am in this position I will not advocate, nor become a member of any political
party or organization that advocates the overthrow of the government of the
United States or of this State by force or violence. So help me God." (Ref. 11‑101 RS Neb.)
Article 4. Corporate Seal
§1-401 SEAL; OFFICIAL CORPORATE. The official Corporate Seal of the
Municipality shall be kept in the office of the Municipal Clerk, and shall bear
the following inscription, 'The City of Fullerton, Nebraska, Seal." The
Municipal Clerk shall affix an impression of the said official seal to all
warrants, licenses, permits, ordinances, and all other official papers Issued
by order of the Governing Body and countersigned by the Municipal Clerk. (Ref. 17‑502 RS Neb.)
Article 5. Meetings
§1‑501 MEETINGS;
DEFINED. Meetings,
as used in this Article shall mean all regular, special, or called meetings,
formal or informal, of a public body for the purposes of briefing, discussion
of public business, formation of tentative policy, or the taking of any action.
(Ref.. 84‑1409(2) RS
§1‑502 MEETINGS; PUBLIC BODY DEFINED. Public Body as used in this Article
shall mean:
(1) The Governing Body of the
Municipality.
(2) All Independent boards, commissions, bureaus, committees,
councils, subunits, or any other bodies, now or hereafter created by
Constitution, statute, ordinance or otherwise pursuant to law, and
(3) Advisory committees of the bodies
listed above.
This Article shall not apply to subcommittees of such bodies
unless a quorum of the public body attends a subcommittee meeting or unless
such subcommittees are holding hearings, making policy or taking formal action
on behalf of their parent body. (get. 84‑1409(1)
RS Neb.)
§1‑503 MEETINGS;
PUBLIC. All
public meetings as defined by law shall be held in a Municipal public building
which shall be open to attendance by the public. All meetings shall be held in
the public building in which the Governing Body usually holds such meetings
unless the publicized notice hereinafter required shall designate some other
public building or other specified place. The advance publicized notice of all
public convened meetings shall be simultaneously transmitted to all members of
the Governing Body and to the public by a method designated by the Governing
Body or by the Mayor if the Governing Body has not designated a method. Such
notice shall contain the time and specific place for each meeting and either an
enumeration of the agenda subjects known at the time of the notice, or a
statement that such an agenda kept continually current shall be readily
available for public inspection at the office of the Municipal Clerk. Except
for items of an emergency nature, the agenda shall not be altered later than
(a) twenty-four (24) hours before the scheduled commencement of the meeting or
(b) forty‑eight (48) hours before the scheduled commencement of a meeting
of the Governing Body scheduled outside the corporate limits of the
Municipality. The Governing Body shall have the right to modify the agenda to
include items of an emergency nature only at such public meetings. The minutes
of the Municipal Clerk shall include the record of the manner and advance time
by which the advance publicized notice was given, a statement of how the
availability of an agenda of the then known subjects was communicated, the time
and specific place of the meetings, and the names of each member of the
Governing Body present or absent at each convened meeting. The minutes of the
Governing Body shall be a public record open to inspection by the public upon
request at any reasonable time at the office of the Municipal Clerk. Any
official action on any question or motion duly moved and seconded shall be
taken only by roll call vote of the Governing Body in open session. The record
of the Municipal Clerk shall show how each member voted, or that the member was
absent and did not vote. (Ref. 84‑1408,
84‑1409, 84‑1411, 84‑1413 RS Neb.)
§1‑504 MEETINGS;
CLOSED SESSIONS. (1) Any public body may hold a closed session by the affirmative vote of a
majority of its voting members if a closed session is clearly necessary for the
protection of the public interest or for the prevention of needless injury to
the reputation of an individual and if such individual has not requested a
public meeting. Closed sessions may be held for, but shall not be limited to,
such reasons as:
(a) Strategy sessions with respect to collective
bargaining, real estate purchases, pending litigation or litigation which is
imminent as evidenced by communication of a claim or threat of litigation to or
by the public body;
(b) Discussion
regarding deployment of security personnel or devices;
(c) Investigative
proceedings regarding allegations of criminal misconduct; or
(d) Evaluation of the job performance of a
person when necessary to prevent needless injury to the reputation of a person
and if such person has not requested a public meeting.
Nothing in this section shall permit a closed meeting for
discussion of the appointment or election of a new member to any public body.
(2) The vote to hold a closed session
shall be taken in open session. The vote of each member on the question of holding
a closed session, the reason for the closed session, and the time when the
closed session commenced and concluded shall be recorded in the minutes. The
public body holding such a closed session shall restrict its consideration to
matters during the closed portions to only those purposes set forth in the
minutes as the reason for the closed session. The meeting shall be reconvened
in open session before any formal action may be taken. For purposes of this
section, formal action shall mean a collective decision or a collective
commitment or promise to make a decision on any question, motion, proposal,
resolution, order, or ordinance or formation of a position or policy but shall
include negotiating guidance given by members of the public body to legal counsel
or other negotiations in closed sessions authorized under subsection (1) of
this section.
(3) Any member of any public body
shall have the right to challenge the continuation of a closed session if the
member determines that the session has exceeded the reason stated In the
original motion to hold a closed session or if the member contends that the
closed session Is neither clearly necessary for (a) the protection of the
public interest or (b) the prevention of needless injury to the reputation of
an individual. Such challenge shall be overruled only by a majority vote of the
members of the public body. Such challenge and its disposition shall be
recorded in the minutes.
(4) Nothing in this section shall be
construed to require that any meeting be closed to the public. No person or
public body shall fail to invite a portion of its member's to a meeting and no
public body shall designate itself a subcommittee of the whole body for the
purpose of circumventing the provisions of this Article. No closed session,
informal meeting, chance meeting, social gathering, or electronic communication
shall be used for the purpose of circumventing the provisions of this Article.
The provisions of this Article shall not apply to chance meetings. or to
attendance at or travel to conventions or workshops of members of a public body
at which there Is no meeting of the body then intentionally convened and there
is no vote or other action taken regarding any matter over which the public
body has supervision, control, jurisdiction, or advisory power. (Ref. 84‑1410 RS Neb.)
§1‑505 MEETINGS; EMERGENCY MEETINGS. When it is necessary to hold an emergency meeting without
reasonable advance public notice, the nature of the emergency shall be stated
in the minutes and any formal action taken in such meeting shall pertain only
to the emergency. Such emergency meetings
may be held by means of electronic
or telecommunication equipment. The provisions of section 1‑508 of
this Article shall be complied with in conducting emergency meetings. Complete
minutes of such emergency meetings specifying the nature of the emergency and
any formal action taken at the meeting shall be made available to the public by
no later than the end of the next regular business day. (Ref. 84‑1411 RS Neb.)
§1‑506 MEETINGS;
MINUTES. (1) Each
public body shall keep minutes of all meetings showing the time, place, members
present and absent, and the substance of all matters discussed.
(2) The minutes shall be public
records and open to public inspection during normal business hours.
(3) Minutes shall be written and
available for inspection within ten (10) working days, or prior to the next
convened meeting, whichever occurs earlier. (Ref.
84‑1412, 84‑1413 RS Neb.)
§1‑507 MEETINGS;
VOTES. (1) Any
action taken on any question or motion duly moved and seconded shall be by roll
call vote of the public body in open session, and the record shall state how
each member voted, or if the member was absent or not voting. The requirements
of a roll call or viva voce vote shall be satisfied by the Municipality
utilizing an electronic voting device which allows the yeas and nays of each
member of the Governing Body to be readily seen by the public.
(2) The vote to elect leadership
within a public body may be taken by secret ballot, but the total number of
votes for each candidate shall be recorded in the minutes. (Ref. 17‑616, 84‑1413 RS Neb.)
§1‑508 MEETINGS;
NOTICE TO NEWS MEDIA. The Municipal Clerk, Secretary, or other designee of each public body shall
maintain a list of the news media requesting notification of meetings and shall
make reasonable efforts to provide advance notification to them of the time and
place of each meeting, and the subjects to be discussed at that meeting. (Ref. 84‑1411 RS Neb.)
§1‑509 MEETINGS;
PUBLIC PARTICIPATION. (1) Subject to the provisions of
this Article, the public shall have the right to attend and the right to speak
at meetings of public bodies and all or any part of a meeting of a public body,
except for closed meetings called pursuant to section 1‑504 may be videotaped,
televised, photographed, broadcast, or recorded by any person in attendance by
means of a tape recorder, camera, video equipment, or any other means of
pictorial or sonic reproduction or in writing.
(2) It shall not be a violation of
this section for any public body to make and enforce reasonable rules and
regulations regarding the conduct of persons attending, speaking at,
videotaping, televising, photographing, broadcasting, or recording its
meetings. A body may not be required to allow citizens to speak at each
meeting, but it may not forbid public participation at all meetings. No public
body shall require members of the public to identify themselves as a condition
for admission to the meeting. The body may require any member of the public
desiring to address the body to identify himself or herself. No public body
shall for the purpose of circumventing the provisions of this Article hold a
meeting in a place known by the body to be too small to accommodate the
anticipated audience. No public body shall be deemed in violation of this
section if it holds its meeting in its traditional meeting place which is
located in this State. An agency which contracts with municipalities outside
the State of
§1‑510 MEETINGS;
ORDER OF BUSINESS. All meetings of the Governing Body shall be open to the public. Promptly at
the hour set by law on the day of each regular meeting, the members of the
Governing Body, the Municipal Clerk, the Mayor, and such other Municipal
officials that may be required shall take their regular stations in the meeting
place, and the business of the Municipality shall be taken up for consideration
and disposition in the manner prescribed by the official agenda on file at the
office of the Municipal Clerk.
§1‑511 MEETINGS;
CHANGE IN OFFICE . The change in office shall be made as follows: The Mayor and Council
shall meet on the first regular meeting date in December of each year in which
a Municipal election is held and the outgoing officers and the outgoing members
of the Council shall present their reports, and upon the old Council having
completed its business up to the said time, the outgoing members of the Council
shall surrender their offices to the incoming members, and the outgoing
officers shall thereupon each surrender to his successor in office all
property, records, papers and moneys, belonging to the same. (Ref. 17‑107.02(9) RS Neb.)
§1‑512 MEETINGS;
ORGANIZATIONAL. The newly elected Council shall convene at the regular place of meeting in
the City on the first (1st) regular meeting in December of each year in which a
Municipal election is held immediately after the prior Council adjourns and
proceed to organize themselves for the ensuing year. The Mayor elected for the
new municipal year shall call the meeting to order. The Council shall then
proceed to examine the credentials of its members and other elective officers
of the City to see that each has been duly and properly elected, and to see
that such oaths and bonds have been given as are required. After ascertaining
that all members are duly qualified, the Council shall then elect one of its
own body who shall be styled as "President of the Council." The Mayor
shall then nominate his candidates for appointive offices. He shall then
proceed with the regular order of business. It is hereby made the duty of each
and every member of the Council, or his or her successor in office, and of each
officer elected to any office, to qualify prior to the first (1st) regular
meeting in December following his election. All appointive officers shall
qualify within two (2) weeks following their appointments. Qualification for
each officer who is not required to give bond shall consist in his subscribing
and taking an oath to 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, said oath to be
filed in the office of the Municipal Clerk. Each officer who is required to
give a bond shall file the required bond in the office of the Municipal Clerk
with sufficient sureties, conditioned on the faithful discharge of the duties
of his office, with the oath endorsed thereon.
§1‑513 MEETINGS; REGULAR MEETING. (1) The regular stated meetings
of the City Council of the City of Fullerton, Nebraska, shall be held on the
third Tuesday of each month, commencing at the hour of
(2) The
stated and special meetings of the City Council shall be held at the City
office situated at Pt. of the Northeast Quarter of the Southeast Quarter (NE1/4SE1/4)
of Section Fourteen (14), Township Sixteen (16) North, Range Six (6), West of
the 6th P.M., Nance County, Nebraska; 20 rods x 20 rods except 70' x 146',
lands in the City, being 2.27 acres.
(3) At all meetings of the Council a
majority of the Council members shall constitute a quorum to do business.
§1‑514 MEETINGS;
SPECIAL MEETINGS. (1) Special meetings may be called by the Mayor, or by three members of the
City Council, the object of which shall be submitted to the Council in writing.
The call and object, as well as the disposition thereof, shall be entered upon
the journal by the Municipal Clerk. On filing the call for a special meeting,
the Municipal Clerk shall notify the Council members of the special meeting,
stating the time and its purpose. Notice of a special meeting need not be given
to a Councilmember known to be out of the state, or physically unable to be
present. A majority of the members of the City Council shall constitute a
quorum for the transaction of business, but a smaller number may adjourn from
day to day and compel the attendance of the absent members. Whether a quorum is
present or not, all absent members shall be sent for and compelled to attend.
(2) At the hour appointed for the
meeting, the Municipal Clerk shall proceed to call the roll of members and
announce whether a quorum is present. If a quorum is present, the Council shall
be called to order by the Mayor, if present, or if absent, by the President of
the Council. In the absence of both the Mayor and the President of the Council,
the City Council members shall elect a President pro tempore. All ordinances
passed at any special meeting shall comply with procedures set forth in Chapter
1, Article 6 herein. (Ref. 17‑106
RS Neb.)
Article 6. Ordinances
§1‑601 ORDINANCES;
GRANT OF POWER. The
Governing Body shall have the responsibility of making all ordinances. by‑laws,
rules, regulations, and resolutions, not inconsistent with the laws of the
State of Nebraska, as may be necessary and proper for maintaining the peace,
good government, and welfare of the Municipality and its trade, commerce, and
security. (Ref. 17‑505 RS Neb.)
§1‑602 REPEALED
§1‑603 ORDINANCES;
RESOLUTIONS
§1‑604 ORDINANCES; STYLE. The style of all Municipal ordinances
shall be:
"Be it ordained by the Mayor and Council of the City of
Fullerton, Nebraska." (Ref. 17‑613
RS Neb.)
§1‑605 ORDINANCES; TITLE. No ordinance shall contain a subject
not clearly expressed in its title. (Ref.
17‑614 RS Neb.)
§1‑606 ORDINANCES; PASSAGE. Ordinances, resolutions, or orders for the
appropriation of money shall require for their adoption a concurrence of the
majority of the members of the Governing Body. Ordinances of a general or
permanent nature shall be read by the title on three (3) different days unless
three‑fourths (3/4) of the Governing Body vote to suspend this
requirement, except that such requirement shall not be suspended for any
ordinance for the annexation of territory. In case such requirement is
suspended, the ordinance shall be read by title and then moved for final
passage. Three‑fourths (3/4) of the Council may require any ordinance to
be read in full before final passage under either process. (Ref. 17‑614 RS Neb.)
§1‑607 ORDINANCES;
PUBLICATION OR POSTING. All
ordinances of a general nature shall be published one (1) time within fifteen
(15) days after they are passed in (a) some newspaper published in the
Municipality or if no paper is published in the Municipality, then by posting a
written or printed copy thereof in each of three (3) public places in the
Municipality or (b) in book or pamphlet form. (Ref. 17‑613 RS Neb.)
§1‑608 ORDINANCES;
CERTIFICATE OF PUBLICATION OR POSTING. The passage, approval, and publication or posting of all ordinances shall
be sufficiently proven by a certificate under the Seal of the Municipality from
the Municipal Clerk showing that the said ordinance was passed and approved,
and when, and in what paper the same was published, or when, and by whom, and
where the same was posted. (Ref. 17‑613
RS Neb.)
§1‑609 ORDINANCES; EMERGENCY ORDINANCES. In the case of riot, infectious or
contagious diseases, or other impending danger, failure of a public utility, or
other emergency requiring its immediate operation, such ordinance shall take
effect upon the proclamation of the Mayor, and the posting thereof in at least
three (3) of the most public places in the Municipality. Such emergency notice
shall recite the emergency and be passed by a three‑fourths (3/4) vote of
the Governing Body, and entered upon the Municipal Clerk's minutes. (Ref. 17‑613 RS Neb.)
§1‑610 ORDINANCES; AMENDMENTS AND REVISIONS. No ordinance or section thereof shall be revised or
amended unless the new ordinance contains the entire ordinance or section as
revised or amended, and the ordinance or section so amended shall be repealed. (Ref. 17‑614 RS Neb.)
Article 7. Elections
§1‑701 ELECTIONS;
GENERALLY. The
Municipal primary and general election shall be held in accordance with the
provisions of Chapter Thirty‑two (32) Revised Statutes of Nebraska. Said
elections shall be held in conjunction with the State Primary and General
Election. Prior to February One (1) of the year in which the first (1st) such
joint election takes place, the Governing Body shall receive the consent in
writing of the County Board to so hold the election and such authorization
shall be prescribed according to state law. The
Commencing with the Statewide Primary
Election in 1976, and every two (2) years thereafter, those candidates for
Mayor and for positions on the City Council whose terms will be expiring shall
be nominated at the Statewide Primary Election and elected at the Statewide
General Election. (Ref. 1 7‑107.02(l).
(2). 32‑4,146, 32‑4,147 RS Neb.)
§1‑702 ELECTIONS;
TERM OF OFFICE. All
elected officers of the Municipality shall serve a term of four (4) years and
until their successors are elected and have qualified. (Ref. 17‑107.02 (2) RS Neb.)
Article 8. Fiscal Management
§1‑801 FISCAL
MANAGEMENT; FISCAL YEAR. The fiscal year of the Municipality for the purposes of
taxation and appropriations, shall begin the first (1st) day in October of each
year. (Ref. 17‑701 RS Neb.)
§1‑802 FISCAL MANAGEMENT; BUDGET STATEMENT; FILING.
(1) The Governing Body shall adopt a budget
statement to be termed the annual appropriation bill, in which are appropriated
such sums of money as may be deemed necessary to defray all necessary expenses
and liabilities of the Municipality, not exceeding in the aggregate the amount
of tax authorized to be levied. The said ordinance shall specify the objects
and purposes for which such appropriations are made and the amount appropriated
for each purpose. Any balance unexpended and unobligated at the end of the
fiscal year shall, unless reappropriated, lapse to the general fund.
(2) The annual appropriation bill shall not be amended without
a majority vote of the Governing Body after a public hearing. Notice of the
time and place of the hearing shall be published at least five (5) days prior
to the date set for hearing in a newspaper of general circulation within the
Municipality. The income arising from the operation of proprietary functions
shall be deemed especially appropriated to the payment of the current expenses
of and to the cost of improvements and extensions and additions to such
functions and shall not be included in the annual appropriation bill. (Ref. 17‑706 RS Neb.)
§1‑803 FISCAL MANAGEMENT; BUDGET HEARING. Subsequent to the filing of the
proposed budget statement, the Governing Body shall publish a proposed budget
and conduct a public hearing on the proposed budget statement. Notice of the
place and time of the said hearing, as well as a copy of the proposed budget,
shall be published at least five (5) days prior to the date set for the hearing
in a newspaper of general circulation in the Municipality. After such hearing,
the statement shall be adopted, or amended, and adopted as amended, and a
written record shall be made of such hearing, if the adopted budget statement
reflects a change from that shown in the published proposed budget statement, a
summary of such changes shall be published within twenty (20) days after its
adoption. (Ref.13‑506 RS Neb.)
§1‑804 FISCAL MANAGEMENT; BUDGET FILING. The Governing Body shall timely file
with and certify to the levying board each year, and file with the Nebraska
State Auditor, a copy of the adopted budget statement, together with the amount
of the tax to be levied and proof of publication. The Governing Body shall not
certify any tax that exceeds the maximum levy prescribed by State law; provided,
in certifying the amount to be so levied, allowance may be made for delinquent
taxes not exceeding five percent (5%) of the amount to be levied plus the
actual percentage of delinquent taxes for the preceding tax year. (Ref. 13‑508 RS Neb.)
§1‑805 REPEALED
§1‑806 FISCAL MANAGEMENT; BUDGET PROCEDURE. The Manual of Instructions for City
Budgets, prepared by the Auditor of Public Accounts, State Capitol,
§1‑807 FISCAL MANAGEMENT; PROPRIETARY
(2) The Governing Body may establish a
separate fiscal year for each proprietary function, except that any proprietary
function which is subsidized by appropriations from the Municipality's general
fund shall have the same fiscal year as the Municipality. For purposes of this
section, subsidization shall mean that the costs of operation of a proprietary
function are regularly financed by appropriations from the Municipality's
general fund in excess of the amount paid by the Municipality to the
proprietary function for actual service or services received.
(3) If the Municipality does not
include its proprietary functions in Its Municipal budget statement, a proposed
proprietary statement shall be prepared in writing on forms provided by the
State Auditor and filed with the Municipal Clerk, at least thirty (30) days
prior to the start of the fiscal year of each proprietary function, containing
the following information:
(a) For the immediate two (2) prior
fiscal years, the revenue from all sources, the unencumbered cash balance at
the beginning and end of the year, the amount received by taxation, and the
amount of actual expenditure;
(b) For the current fiscal year,
actual and estimated revenue from all sources separately stated as to each such
source, the actual unencumbered cash balance available at the beginning of the
year, the amount received from taxation, and the amount of actual and estimated
expenditure, whichever is applicable;
(c) For the immediately ensuing fiscal
year, an estimate of revenue from all sources separately stated as to each such
source, the actual or estimated unencumbered cash balance, whichever is
applicable, to be available at the beginning of the year, the amounts proposed
to be expended during the fiscal year, and the amount of cash reserve based on
actual experience of prior years; and
(d) A uniform summary of the proposed
budget statement which shall include a total of all funds maintained for the
proprietary function.
Such statement shall contain the
estimated cash reserve for each fiscal year and shall whether or
not such reserve is encumbered. The cash reserve projections shall be based
upon the actual experience of prior years.
(4)(a) After the proposed proprietary
budget statement is filed with the Municipal Clerk, the Governing Body shall
conduct a public hearing on such statement. Notice of the time and place of the
hearing, a summary of the proposed proprietary budget statement, and notice
that the full proposed proprietary budget statement is available for public
review with the Municipal Clerk during normal business hours, shall be
published at least five (5) days prior to the hearing in a newspaper of general
circulation within the Governing Body's jurisdiction or by mailing each
resident within the Governing Body's jurisdiction.
(b) After such hearing, the proposed
proprietary budget statement shall be adopted or amended and adopted as
amended, and a written report shall be kept of such healing. If the adopted
proprietary budget statement reflects a change from the proposed proprietary
statement presented at the hearing, a copy of the adopted proprietary budget
statement shall be filed with the Municipal Clerk within twenty (20) days after
its adoption and published in a newspaper of general circulation within the
Governing Body's jurisdiction or by mailing to each resident within the
Governing Body's jurisdiction.
(5) If the actual expenditures for a
proprietary function exceed the estimated expenditures in the proprietary budget
statement during its fiscal year, the Governing Body shall adopt a proprietary
function reconciliation statement within ninety (90) days after the end of such
fiscal year which reflects any difference between the adopted proprietary
budget statement for the previous fiscal year and the actual expenditures and
revenue for such fiscal year. After the adoption of a proprietary function
reconciliation statement, it shall be filed with the Municipal Clerk and
published in a newspaper of general circulation within the Governing Body's
jurisdiction or by mailing to each resident within the Governing Body's
jurisdiction. If the difference between the adopted proprietary budget for the
previous fiscal year and the actual expenditures and revenues for such fiscal
year is greater than ten percent (10%). the proprietary function reconciliation
statement shall only be adopted following a public hearing.
(6) Any income from a proprietary
function which is transferred to the general fund of the Municipality shall be
shown as a source of revenue in the Municipal budget statement created pursuant
to the Nebraska Budget Act. (Ref. 18‑2803
to 18‑2808 RS Neb.)
§1‑808 REPEALED
§1‑809 FISCAL MANAGEMENT;
GENERAL PROPERTY TAX. The Governing Body shall cause to be
certified to the
§1‑810 REPEALED
§1‑811 REPEALED
§1‑812 FISCAL MANAGEMENT; ANNUAL AUDIT. The Governing Body shall cause an
audit of the Municipal accounts to be made by a qualified accountant as
required by State Law. (Ref. 19‑2961
through 19‑2909, 13‑606 RS Neb.)
§1‑813 FISCAL
MANAGEMENT; CLAIMS. All claims against the Municipality shall be presented to the Governing Body
in writing with a full account of the items, and no claim or demand shall be
audited or allowed unless presented as provided for in this section. No costs
shall be recovered against the Municipality in any action brought against it
for an unliquidated claim which has not been presented to the Governing Body to
be audited, nor upon claims allowed in part, unless the recovery shall be for a
greater sum than the amount allowed, with the interest due. No order, or
warrant shall be drawn in excess of eighty‑five (85%) percent of the
current levy for the purpose for which it is drawn unless there shall be
sufficient money in the Municipal Treasury for the appropriate fund against
which it is to be drawn: provided, that in the event there exists obligated
funds from the Federal and/or State government for the general purpose of such
warrant, then such warrant may be drawn in excess of eighty‑five percent
(85%), but not more than one hundred (100%) percent of the current levy for the
purpose for which said warrant is drawn. (Ref.
17‑714, 17‑715 RS Neb.)
§1‑814 FISCAL MANAGEMENT; WARRANTS. All warrants drawn upon the Municipal
Treasury must be signed by the Mayor and countersigned by the Municipal Clerk,
stating the particular fund to which the warrant is chargeable, the person to
whom it Is payable, and the purpose of the expenditure. No money shall be
otherwise paid than upon warrants so drawn. Each warrant shall specify the
amount included in the adopted budget statement for the fund upon which it is
drawn, and the amount already expended of such fund. (Ref. 17‑711 RS Neb.)
§1‑815 FISCAL MANAGEMENT; TRANSFER OF FUNDS. The Governing Body may, whenever during the current
fiscal year it becomes apparent due to unforeseen emergencies that there is
temporarily insufficient money in a particular fund to meet the requirements of
the adopted budget of expenditures for that fund, by a majority vote transfer
money from other funds to such fund. No expenditure during any fiscal year
shall be made in excess of the amounts indicated in the adopted budget
statement, except as authorized herein. If, as the result of unforeseen
circumstances, the revenue of the current fiscal year shall be insufficient,
the Governing Body may propose to supplement the previously adopted budget
statement and shall conduct a public hearing at which time any taxpayer may
appear, or file a written statement protesting the application for additional
money. A written record shall be kept of all such hearings. Notice of a place,
and time for the said hearing
shall be published at least five (5) days prior to the date set for the hearing
in a newspaper of general circulation in the Municipality. The published notice
shall set forth the time, and place of the proposed hearing, the amount of
additional money required, the purpose of the required money, a statement
setting forth the reasons why the adopted budget of expenditures cannot be
reduced to meet the need for additional money, and a copy of the summary of the
originally adopted budget previously published. Upon the conclusion of the
public hearing on the proposed supplemental budget, and the approval by the
Governing Body, the Governing Body shall file with the
§1‑816 FISCAL
MANAGEMENT; SPECIAL ASSESSMENT FUND. All money received on special tax assessments shall be
held by the Municipal Treasurer as a special fund to be applied to the payment
of the improvement for which the assessment was made, and such money shall be
used for no other purpose unless to reimburse the Municipality for money
expended for any such improvement. (Ref.
17‑710 RS Neb.)
§1‑817 FISCAL MANAGEMENT; SINKING FUNDS. The Governing Body, subject to the
limitations set forth herein, shall have the power to levy a tax not to exceed
that prescribed by State law upon the assessed value of all taxable property
within the Municipality for a term not to exceed that prescribed by State law
in addition to the amount of tax which may be annually levied for the purposes
of the adopted budget statement of the Municipality, for the purpose of
establishing a sinking fund for the construction, purchase, improvement,
extension, or repair of the approved uses as authorized by State law. To
initiate the said sinking fund, the Governing Body shall declare its purpose by
resolution to submit to the qualified electors of the Municipality the
proposition to provide the improvement at the next general Municipal election.
The resolution shall set forth the improvement, the estimated cost, the amount
of the annual levy, the number of years required to provide the required
revenue, the name of the sinking fund proposed, and the proposition as It will
appear on the ballot.
Notice of the said proposition shall be published in its
entirety three (3) times on successive weeks before the day of the election in
a legal newspaper of general circulation In the Municipality. The sinking fund
may be established after the election if a majority, or more of the legal votes
were in favor of the establishment of the fund. The Governing Body may then
proceed to establish the said fund in conformity with the provisions of the
proposition, and applicable State law. The
funds received by the Municipal Treasurer shall, as they accumulate, be immediately invested with the
written approval of the Governing Body in the manner provided by State law. No
sinking fund so established shall be used for any purpose or purposes contrary
to the purpose as it appeared on the ballot unless the Governing Body is
authorized to do so by sixty percent (60%) of the qualified electors of the
Municipality voting at a general election favoring such a change in the use of
the sinking fund. (Ref. 19‑1301
through 19‑1304, 77‑2337, 77‑2339 RS Neb.)
§1‑818 FISCAL MANAGEMENT; DEPOSIT OF FUNDS. The Governing Body, at its first (1st)
meeting in each fiscal year, shall designate one (1) or more banks of approved
and responsible standing in which the Municipal Treasurer shall keep at all
times all money held by him; provided, if more than one (1) bank In the
Municipality meets the requirements for approved banks as herein defined, the
said funds shall be deposited in each of them, and the Municipal Treasurer
shall not give a preference to any one (1) or more of them in the money he
shall deposit. A bond shall be required from all banks so selected in a penal
sum which equals the maximum amount on deposit at any time less the amount
insured by the Federal Deposit Insurance Corporation or a pledge of sufficient
assets of the bank to secure the payment of all such deposits. (Ref. 17‑607, 77‑2362 through 77‑2364
RS Neb.)
§1‑819 FISCAL MANAGEMENT; INVESTMENT OF FUNDS.
Whenever a city has
accumulated a surplus of any fund in excess of its current needs or has
accumulated a sinking fund for the payment of its bonds and the money in such
sinking fund exceeds the amount necessary to pay the principal and interest of
any such bonds which become due during the current year, the Governing Body may
invest any such surplus in certificates of deposit, in time deposits, and in
any securities in which the State Investment Officer is authorized by law and
as provided in the authorized Investment guidelines of the Nebraska Investment
Council in effect on the date the investment is made. (Ref. 1 17‑608, 17‑609, 21‑1316.01. 77‑2341 RS
Neb.)
§1‑820 FISCAL
MANAGEMENT; BOND ISSUES. The Governing Body may, after meeting all the requirements of
State law, issue bonds, fund bonds, and retire bonds for such purposes as may
be permitted by State law. The Governing Body shall have the authority to levy
special assessments for the payment of interest and principal on such bonds,
and may spread the payments up to the maximum number of years permitted by
State law. (Ref. 10‑201 through 10‑411,
10‑601 through 10‑614, 12‑1001. 17‑529.01. 17‑529.08.
17‑534, 17‑905, 17‑908, 17‑911, 17‑939, 17‑958,
17‑968, 18‑1801 through 18‑1805, 23‑343.13, 39‑836
RS Neb.)
§1‑821 FISCAL
MANAGEMENT; MOTOR VEHICLE TAX. The Governing Body may levy a tax on all motor vehicles owned
or used within the corporate limits of the municipality, which tax shall be
paid to the County Treasurer when the registration fees as provided in sections
60‑329 to 60‑339, R.S. Neb., are paid. Such taxes shall be credited
by the
§1‑822 FISCAL
MANAGEMENT; LOCAL SALES TAX, ADMINISTRATION; PURPOSE. (1) From and after the first (1st) day of
July, 1989, pursuant to the provisions of the Local Option Revenue Act,
sections 77‑27,142 to 77‑27.148 RS Neb., as amended from time to
time, there is hereby imposed a sales and use tax of one percent (1%) upon the
same transactions within the corporate limits of the City of Fullerton,
Nebraska, on which the State of Nebraska is authorized to impose a sales and
use tax pursuant to the provisions of the Nebraska Revenue Act of 1967, as
amended from time to time.
(2) The administration of the sales and use tax imposed by
subsection (1) of this section, the making of returns for the ascertainment,
assessment and collection and for the distribution of the taxes so imposed
shall be a provided in sections 77‑27,142 to 77‑27.148 RS Neb., as
amended from time to time.
(3) The sales and use tax imposed by
subsection (1) of this section shall
become effective on July 1. 1989, in accordance with the provisions of section 77‑27,143 RS Neb.,
which provides that for ordinances passed after October 1, 1969, the effective
date shall be the first day of the next calendar quarter following receipt by
the Tax Commissioner of the certified copy of the adopting ordinance, provided, the certified copy of the
adopting ordinance is received sixty (60) days prior to the start of the next calendar quarter.
(4) The local sales and use tax
provided for in this section shall continue in full force and effect for so
long as it is necessary to provide property tax relief, or until to electorate
of the City of
Article 9. Compensation
§1‑901 COMPENSATION; MUNICIPAL OFFICIALS. The
compensation of any elective official of the Municipality shall not be
increased or diminished during the term for which he shall have been elected
except when there has been a merger of offices; provided, the compensation of
the members of the Governing Body, a board, or commission may be increased or
diminished at the beginning of the full term of any member whether or not the
terms of one or more members commence and end at different times. No elected
official may be rehired at a greater salary if he resigns and desires to be
rehired during the unexpired term of office. He may be rehired after the term
of office during which he resigned at a greater salary. All salaries shall be
set by ordinance of the Governing Body and will be available for public
inspection at the office of the Municipal Clerk. (Ref. 17‑108.02, 17‑612 RS Neb.)
§1‑902 COMPENSATION; CONFLICT OF INTEREST. (1) For purposes of this section officer shall mean
(a) any member of any board or commission of the Municipality, (b) any
appointed official if such municipal official (i) serves on a board or
commission which spends and administers its own funds and (ii) is dealing with
a contract made by such board or commission, or (c) any elected municipal
official. Unless specified otherwise, volunteer firefighters and ambulance
drivers shall not be considered officers for purposes of this section, with
respect to their duties as firefighters and ambulance drivers.
(2) No officer of the Municipality shall be permitted
to benefit from any contract to which the Municipality is a party. The
existence of such an interest in any contract renders the contract voidable by
decree of a court of competent jurisdiction as to any person who entered into
the contract or took assignment thereof with actual knowledge of the prohibited
conflict. An action to have a contract declared void under this section may be
brought by the Municipality or by any resident thereof and must be brought
within one (1) year after the contract is signed or assigned. Any such decree
may provide for the reimbursement of any person for the reasonable value of all
money, goods, material, labor, or services furnished under the contract, to the
extent that the Municipality has benefited thereby. The prohibition in this
section shall apply only when the officer or his or her parent, spouse, or
child (a) has a business with which the individual is associated or business
association which shall mean a business: (i) in which the individual is a
partner, director, or officer, (ii) in which the individual or a member of the
individual's immediate family is a stockholder of a closed corporation stock
worth one thousand dollars ($1,000.00) or more at fair market value or which
represents more than five percent (5%) equity interest; (iii) or is a
stockholder of publicly traded stock worth ten thousand dollars ($10,000.00) or
more at fair market value or which represents more than ten percent (10%)
equity interest or (b) will receive a direct pecuniary fee or commission as a
result of the contract, provided however, if such officer is an employee of the
business involved in the contract and has no ownership interest or will not
receive a pecuniary fee such officer shall not be deemed to have an interest
within the meaning of this section.
(3) The provisions of this section shall not apply if
the interested officer:
(a) Makes a declaration on the record to the
Governmental Body responsible for approving the contract regarding the nature
and extent of his or her interest, prior to official consideration of the
contract;
(b) Does not vote on the matter of granting the
contract, except that if the number of members of the Board declaring an
interest in the contract would prevent the Board, with all members present,
from securing a quorum on the issue, then all members may vote on the matter;
and
(c) Does
not act for the Municipality as to inspection or performance under the contract
in which he or she has an interest.
(4) The receiving of deposits, cashing of checks, and
buying and selling of warrants and bonds of indebtedness of any Municipality by
a financial institution shall not be considered a contract under the provisions
of this section. The ownership of less than five percent (5%) of the
outstanding shares of a corporation shall not constitute an interest within the
meaning of this section. Notwithstanding the provisions of subsection (3), if
an officer's parent, spouse or child is an employee of the Municipality, the
officer may vote on all issues of the contract which are generally applicable
to all employees or all employees within a classification and do not single out
his or her parent, spouse, or child for special action. If an officer has the
power to employ personnel and he or she hires his or her parent, spouse, or
child, such officer shall disclose the hiring pursuant to subsection (5),
except that if the parent, spouse, or child is already employed in the position
at the time the officer takes office and such position does not change, no
disclosure need be made. Notwithstanding any other provision of this section,
any contract entered into with an interested officer shall be subject to
applicable competitive bidding requirements and shall be fair and reasonable to
the Municipality.
(5) The Municipal Clerk shall maintain, separately
from other records, a ledger containing the information listed in subdivisions
(a) through (e) of this subsection about every contract entered into by the
Municipality in which an officer has an interest as specified above for which
disclosure is made as provided in subsection (3). Such information shall be
kept in the ledger for five (5) years from the date of the officer's last day
in office and shall include the:
(a) Names of the contracting parties;
(b) Nature of the interest of the officer in question;
(c) Date that the contract was approved by the
Municipality involved;
(d)
Amount of the contract; and
(e)
Basic terms of the contract.
(6) The information supplied relative to
the contract shall be provided to the Clerk not later than ten (10) days after
the contract has been signed by both parties. The ledger kept by the Clerk
shall be available for public inspection during the normal working hours of the
office in which it is kept.
(7) An open account established for the benefit of any
Municipality or entity thereof, with a business in which an officer has an
interest, shall be deemed a contract subject to the provisions of this section.
The statement required to be filed pursuant to this section shall be filed
within ten (10) days after such account is opened. Thereafter, the Clerk shall
maintain a running account of all amounts purchased on the open account.
Purchases made from petty cash or a petty cash fund shall not be subject to the
provisions of this section.
(8) The Municipality may enact ordinances exempting
from the provisions of this section, contracts involving one hundred dollars ($100.00) or less in which an officer of such
Municipality may have an interest.
(9) No officer, including volunteer firefighters and
ambulance drivers, shall receive any pay or perquisites from the Municipality
other than his or her salary. The Governing Body shall not pay or appropriate
any money or other valuable thing to pay a person who is not an officer for the
performance of any act, service, or duty, which shall come within the proper
scope of the duties of any officer of the Municipality. (Ref. 17‑611, 18‑305 through 18‑312, 49‑14,103.01
through 49‑14,103.03, 70‑624.04 RS Neb.)
Article 10. Initiative and Referendum
§1‑1001 to 1-1015 REPEALED
Article 11. Penal Provision
§1‑1101 VIOLATION;
PENALTY. Any
person who shall violate or refuse to comply with the enforcement of any of the
provisions of this Chapter, set forth at full length herein or incorporated by
reference shall be deemed guilty of an offense and upon conviction thereof,
shall be fined not more than five hundred ($500.00) dollars for each offense. A
new violation shall be deemed to have been committed every twenty‑four
(24) hours of such failure to comply.
CHAPTER 2
COMMISSIONS AND BOARDS
Article 1. Standing
Committees
§2-101 STANDING COMMITTEES; GENERAL PROVISIONS.
At the organizational meeting of the City Council, the Mayor shall
appoint members of such standing committees as the City Council may by
ordinance, or resolution create. The membership of such standing committees may
be changed at any time by the Mayor. The Mayor shall be a member ex officio of
each standing committee. The members of the standing committees shall serve a
term of office of one (1) year, unless reappointed.
The
following standing committees shall be appointed or reappointed each year until
changed by the Governing Body:
Finance
Public
Health Board
Public
Safety
Public
Utilities
Streets
Article 2. Commissions and
Boards
§2-201 LIBRARY
BOARD. The Library
Board shall be appointed by the Mayor and confirmed by a majority vote of the
City Council. The Board shall consist of five (5) members who shall be
residents of the City. The members of
the Library Board shall serve a four (4) year term of office as specified by
§2-202 PLANNING
COMMISSION.
The Governing Body shall appoint the Planning Commission which shall
consist of five (5) members and one (1) alternate who shall represent, insofar
as is possible, the different professions or occupations in the Municipality
and who shall be residents of the Municipality.
However, two (2) of such members may be residents of the area over which
the Municipality is authorized to exercise extraterritorial zoning and
subdivision regulations. The members of
the Commission shall serve a three (3) year term of office unless reappointed,
except that two (2) members of the first Commission to be so appointed shall
serve for the term of one (1) year, two (2) for the term of two (2) years, and
two (2) for a term of three (3) years. The Commission 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 Commission's first (1st) meeting in June of each
year, the Commission shall organize by selecting 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.
The Planning Commission shall be funded by the Governing Body from time
to time out of the General Fund. A
majority of the Commission shall constitute a quorum for the purpose of doing
business. Special meetings may be held
upon the call of the Chairman, or any three (3) members of the Commission. It shall be the duty of the Commission to
make and adopt plans for the physical development of the Municipality,
including any areas outside its boundaries which, the Commission's judgment,
bear relation to the planning of the Municipality. All actions by the Commission shall be
subject to the review and supervision of the Governing Body. Recommendations from the Commission shall be
received by the Governing Body within forty-five (45) 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 Governing Body may, from time to time, designate. No member of the Governing Body, or other
Municipal official, except where otherwise specifically provided, shall serve as
a member of the Planning Commission while serving any other term of
office. No member of the Planning
Commission shall serve in the capacity of both the Chairman and Secretary of
the Commission. (Ref. 19-924 through
19-929 RS Neb.)
§2-203 BOARD
OF ZONING ADJUSTMENT. The Governing Body shall appoint the Board of
Zoning 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 Zoning 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 Zoning Adjustment. The Board
shall organize at its first (1st) meeting in June 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 Zoning 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. It shall be the duty of the Board 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 any zoning ordinance of the
Municipality; to hear and decide in accordance with the provisions of any
zoning ordinance, requests for interpretation of any map; and authorize a
variance from the strict application of any zoning ordinance if it is found
that a specific piece of property, due to exceptional specifications existing
at the time of passage of the said ordinance, would result in exceptional
difficulties and undue hardship; provided, that no variance shall be granted if
the undue hardship appears to affect the property in the district generally, or
if the situation of the property concerned appears to be so general or
recurring in nature as to make reasonably practicable, the formulation of a
general regulation to be adopted by the Governing Body as an ordinance. The
concurring vote of four (4) members of the Board shall be necessary to reverse
any order, requirement, decision, or determination made by a Municipal official
on any matter which was governed by any Municipal zoning ordinance. In the
event that the Governing Body chooses not to appoint a Board of Zoning
Adjustment, the Governing Body may, by ordinance, provide that it shall
constitute the Board of Zoning Adjustment and shall have the same duties,
powers, and authority as provided herein. 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 Zoning Adjustment except as herein provided. No member of the Board of
Zoning Adjustment shall serve in the capacity of both Chairman and Secretary of
the Board. (Ref. 19-907 through 19-910, 84-155 RS Neb.)
§2-204 BOARD
OF HEALTH. 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 Chairman; the Police Chief, who shall
serve as Secretary and quarantine officer; a physician who shall serve as the
medical advisor; and the President of the City Council. The members of the
Board shall serve, without compensation, a one (1) year term of office, unless
reappointed, and shall reorganize at the first (1st) meeting in June of each
year. 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 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 Chairman, or any two (2) members of
the Board. It shall be the duty of the Board to enact rules and regulations
which shall have the full force and effect of law, to safeguard the health of
the residents of the Municipality. Included in the duties of the Board shall be
to enforce the said rules and regulations, and to provide fines and punishments
for any violations thereof. It may regulate, suppress, and prevent the
occurrence of nuisances and shall actively enforce all laws of the State of
§2-205 PARKS
(1)
There is hereby created a Park and Recreation, Tree Board for the City of
(2)
Said Board shall have charge of all parks, recreational facilities, street and
park trees, the swimming pool, tennis court and skate park belonging to the
City. The Board shall have power to establish rules for management, care, and
use of facilities. The Board, when requested by the Mayor and City Council,
shall consider, investigate and make findings and a recommendation upon any
special matter coming within the scope of its authority and work.
(3)
Six members shall be appointed to the Park & Recreation, Tree Board. Members shall be appointed for a term of four
(4) years. The terms of three members
shall coincide with the election of the Mayor. Board members may be
reappointed.
(4)
Each Board member shall be appointed by the Mayor with the approval of the
Council. The Mayor may dismiss any member of the Board at his/her pleasure at
any time.
(5)
The Board shall have power to expend funds form the City Treasury not to
exceed, however, the Park and Recreation budget allotted in the City
budget. This power of the Board to
expend funds is, however, subject to the restriction that before any
expenditure of $500.00 or more is made that such expenditure will be presented
to the Mayor and City Council for approval.
§2-206
JOINT HOUSING AUTHORITY. (1) Pursuant to the
authority granted in section 71-1519, the City of
(2)
The Mayor shall appoint, with the consent of the City Council, one (1)
Commissioner who shall serve a term of five (5) years from the date of his or
her appointment. All vacancies in that
position of Commissioner shall be filled for the unexpired term by appointment
by the Mayor, with the consent
of the City Council. Tenancy in a project established by the
Central Nebraska Joint Housing Authority shall not preclude the appointment of
any person to serve as a Commissioner on such Joint Housing Authority. (Ref. 71-1519, 71-1522 through 71-1524 RS
Neb.)
§2-207 COMMUNITY
HEALTH SERVICE COMMITTEE. (1) There is hereby
created a Community Health Service Committee in conjunction with Saint Francis
Medical Center of Grand Island, Nebraska.
The Community Health Service Committee shall consist of six (6) members;
four (4) of which shall be appointed by the Mayor, by and with the consent of
the City Council and two (2) to be appointed by Saint Francis Medical
Center. The Committee member's terms
shall be staggered according to the Committee's by-laws.
(2)
A fund shall be set up which fund shall be administered by the Community Health
Service Committee. The Municipality
shall place thirty thousand dollars ($30.000.00) into the fund and Saint
Francis Medical Center shall place fifteen thousand dollars ($15,000.00) into
the fund. The expenditures of funds from
the fund established by this section shall be handled by the approval of a
majority of the Committee members. In
the event that the Committee would be disbanded, any funds left in the fund
established by this section shall be distributed in the same percentage as the
fund were contributed to the fund.
Article 3. Penal Provision
§2-301 VIOLATION; PENALTY. Any
person who shall violate or refuse to comply with the enforcement of any of the
provisions of this Chapter, set forth at full length herein or incorporated by
reference shall be deemed guilty of an offense and upon conviction thereof,
shall be fined not more than five hundred ($500.00) dollars for each offense. A
new violation shall be deemed to have been committed every twenty‑four
(24) hours of such failure to comply.
CHAPTER 3
DEPARTMENTS
Article 1. Water Department
§3-101 MUNICIPAL
WATER DEPARTMENT; OPERATION AND FUNDING. The Municipality
owns and operates the Municipal Water Department through the Water
Commissioner. The Governing Body, for the purpose of defraying the cost of the
care, management, and maintenance of the Municipal Water Department may each
year levy a tax not exceeding the maximum limit prescribed by State law, on the
actual valuation of all real estate and personal property within the corporate
limits that is subject to taxation. The revenue from the said tax shall be
known as the Water Fund and shall remain in the custody of the Municipal
Treasurer. The Water Commissioner shall have the direct management and control
of the Municipal Water Department and shall faithfully carry out the duties of
his office. The Water Commissioner shall
have the authority to adopt rules and regulations for the sanitary and
efficient management of the Water Department subject to the supervision and
review of the Governing Body. The Governing Body shall set the rates to be
charged for services rendered by ordinance and shall file a copy of the rates
in the office of the Municipal Clerk for public inspection at any reasonable
time. (Ref. 17-531, 17-534, 19-1305 RS Neb.)
§3-102 MUNICIPAL WATER
DEPARTMENT; DEFINITIONS. The
following definitions shall be applied throughout this Article. Where no
definition is specified, the normal dictionary usage of the word shall apply.
SUPPLY PIPE.
The term ''supply pipe'' is hereby defined to be any pipe tapped into a
main and extending from there to a point at or near the lot line of the
consumer's premise where the shut-off, stop box, or curb cock is located.
SERVICE PIPE.
The term ''service pipe'' is hereby defined to be any pipe extending
from the shut-off, stop box, or curb cock at or near the lot line to and beyond
the property line of the consumer to the location on the premise where the
water is to be dispersed.
SEPARATE PREMISE.
The term ''separate premise'' is hereby defined to be more than one (1)
consumer procuring water from the same service or supply pipe. The second (2nd)
premise may be a separate dwelling, apartment, building, or structure used for
a separate business.
§3-103 MUNICIPAL WATER DEPARTMENT; CONSUMER'S
APPLICATION. Every person or
persons desiring a supply of water must make application therefore to the Water
Commissioner. The Commissioner shall require applicants who do not or have not
had, in existence a past payment history in "GOOD STANDING" meaning a
history of no late payments, late charges or reconnect fees of at least 12
months consecutively, the following shall apply.
Effective
1 . The
Water Commissioner shall require a service deposit in the amount of $ 100.00 to
be placed on file at the office of the Municipal Clerk.
2. A
service deposit may be refunded to the consumer after a period of 12 months
only if the following criteria is met. The consumer has had no late payments,
no late charges or no reconnect fees on file of each individual account.
3. The
Water commissioner may at its reasonable discretion make a decision to
determine a late payment status due to an emergency situation, which could show
just cause of a late payment to be excused. An excused late payment shall only
be allowed 1 time in a 12-month billing period.
4. Should
a service deposit be returned after a period of 12 months of good standing, the
Water Commissioner shall be able to require a new deposit in the amount of
$100.00 if the individual account shall fall into a non-excusable past due
status at any time during a regular billing cycle.
5. Should
any person or persons require more than 1 service of utility supply to more
than 1 individual occupancy, the Water Commissioner shall require a single
deposit to apply to all service accounts, provided that billing shall be
applied to only one (1) individual responsible party. Should any other party be
responsible for the billing of service for the sole purpose of occupancy that
individual responsible patty will be required to make a deposit of $100.00.
a. If during a 12 month period, should 1
or more accounts become delinquent, where a single deposit has been applied, a
new deposit will be required for each individual past due account.
6. Payments
must be received non-delinquent non-cxcusable for a period of 12 consecutive months,
if at any time during that 12 month time period should a payment fall past due,
the 12 month period will start again until status is 12 months consecutive.
7. After
a 12-month period of "GOOD STANDING" the City of
8. Should
the account terminate for whatever reason, the City of
§3-104 MUNICIPAL
WATER DEPARTMENT; SERVICE TO NONRESIDENTS.
The Water Department shall not supply water service to any person
outside the corporate limits without special permission from the Governing
Body. If special permission is granted
by the Governing Body, and a commercial main is within one hundred feet (100')
of the corporate limits, the cost of running a supply pipe to the corporate
limits shall be borne by the Municipality, and all other costs of providing
water service shall be paid by the consumer.
In all other cases in which special permission is granted, the entire
cost of laying mains, supply pipe, and service pipe shall be paid by the
consumer. Nothing herein shall be
construed to obligate the Municipality to provide water service to
nonresidents. (Ref. 19-2701 RS Neb.)
§3-105 MUNICIPAL
WATER DEPARTMENT; WATER CONTRACT. The Municipality
through its Water Department, may furnish water to persons within its corporate
limits whose premises abut a street or alley in which a commercial main now is
laid. The Municipality may furnish water to persons within its corporate limits
whose premises do not abut a street or alley in which a Municipal commercial
main is now or may hereafter be laid and may also furnish water to persons
whose premises are situated outside the corporate limits of the Municipality,
as and when, according to law, the Governing Body may see fit to do so. The
Municipality shall pay the cost of running a supply pipe one hundred feet
(100') or to the property owner's line, whichever comes first. All other costs of providing water service
shall be paid by the consumer. The
rules, regulations, and water rates hereinafter named in this Article, shall be
considered a part of every application hereafter made for water service and
shall be considered a part of the contract between every consumer now or
hereafter served. Without further formality, the making of application on the
part of any applicant or the use or consumption of water service by present
consumers thereof and the furnishing of water service to said consumer shall
constitute a contract between the consumer and the Municipality, to which said
contract both parties are bound. If the consumer shall violate any of the
provisions of said contract or any reasonable rules and regulations that the Governing
Body may hereafter adopt, the Water Commissioner or his agent, may cut off or
disconnect the water service from the building or premise or place of such
violation. No further connection for
water service to said building, premise, or place shall again be made
except by order of said Commissioner or
his agent.
§3-106 MUNICIPAL WATER
DEPARTMENT; INSTALLATION PROCEDURE. In making excavations in streets, alleys, or
sidewalks for the purpose of installing pipe, or making repairs, the paving,
stones, and earth must be removed and deposited in a manner that will occasion
the least inconvenience to the public and provide for adequate drainage. No
person shall leave an excavation made in the street, alley, or sidewalk open at
any time without a barricade, and during the night, warning lights. After
service pipes are laid, the streets, alleys, and sidewalks shall be restored to
good condition. If the excavation in any street, alley, or sidewalk is left
open or unfinished for a period of twenty-four (24) hours or more, the Water
Commissioner shall have the duty to finish or correct the work, and all
expenses so incurred shall be charged to the consumer. All installations or
repairs of pipes require two (2) inspections by the Water Commissioner. The first (1st) inspection shall be made when
connections or repairs are completed and before the pipes are covered. The
second (2nd) inspection shall be made after the dirt work is completed and the
service is restored. It is the customer's responsibility to notify the Water
Commissioner at the time the work is ready for each inspection. All
installation shall be done under the supervision and strictly in accordance
with the rules, regulations, and specifications prescribed for such
installation by the Water Commissioner; provided that the said rules,
regulations, and specifications have been reviewed and approved by the
Governing Body. (Ref. 17-537 RS Neb.)
§3-107 MUNICIPAL
WATER DEPARTMENT; INSTALLATION EXPENSE.
The Municipality
shall pay the cost of tapping the main, installing the meter, and providing
fixtures and labor up to and including the stop box or curb stop at the lot
line of the customer. The customer shall
pay a tap fee in the amount as set by ordinance of the Governing Body. Such tap fees shall be on file in the office
of the Municipal Clerk and available for public inspection during office
hours. No person other than the Water
Commissioner or his duly authorized agent shall tap the water main. The customer shall at his own expense bring
service from the stop box or curb stop to the place of dispersement and shall
employ a plumber who shall install water service to the place of
dispersement. (Ref. 17-542 RS Neb.)
§3-108 MUNICIPAL
WATER DEPARTMENT; REPAIRS AND MAINTENANCE.
The Municipality shall repair or replace, as the case may be, all supply
pipe between the commercial main and the stop box. The customer at his own expense shall replace
and keep in repair all service pipe from the stop box to the place of dispersement.
When leaks occur in service pipes, the Water Commissioner shall shut off water
service until the leak is repaired at the expense of the customer to the
satisfaction of the Water Commissioner. All water meters shall be kept in
repair by the Municipality at the expense of the Municipality. When meters are
worn out, they shall be replaced and reset by the Municipality at the expense
of the Municipality; provided, that if the customer permits or allows a water
meter to be damaged, injured, or destroyed through his own recklessness, carelessness,
or neglect so that the meter must be repaired or replaced, the Water
Commissioner shall bill and collect from the customer the cost of such meter
repair or replacement in the same manner as water rent is collected. Permitting
a water meter to be damaged or destroyed by freezing shall always be considered
negligence on the part of the customer. All meters shall be tested at the
customer's request at the expense of the customer any reasonable number of
times; provided, that if the test shows the water meter to be running two (2%)
percent or more fast, the expense of such test shall be borne by the
Municipality. The Municipality reserves the right to test any water service
meter at any time, and if said meter is found to be beyond repair the
Municipality shall always have the right to place a new meter on the customer's
water service fixtures at Municipal expense. Should a consumer's meter fail to
register properly, the customer shall be charged for water during the time the
meter is out of repair on the basis of the quarterly consumption during the
same quarter of the preceding year; provided, that if no such basis for
comparison exists, the customer shall be charged such amount as may be
reasonably fixed by the Water Commissioner. It shall be unlawful for any person
to tamper with any water meter, or by any means or device to divert water from
the service pipe so that the same shall not pass through said meter, or while
passing through said meter, to cause the same to register inaccurately. (Ref. 17-537 RS Neb.)
§3-109 MUNICIPAL WATER
DEPARTMENT; WATER RATES. The Mayor and City
Council shall establish water rates and charges and regulations for the payment
of the same. The rates and regulations
are not of a permanent nature and are kept on record at the City Offices.
§3-110 (Rates) Not published herein but kept on record at the City
Offices.
§3-111 MUNICIPAL
WATER DEPARTMENT; MINIMUM RATES. All water
consumers shall be liable for the minimum rate provided by ordinance unless and
until the consumer shall, by written order, direct the Water Commissioner to
shut off the water at the stop box, in which case he shall not be liable
thereafter for water rental until the water is turned on again. (Ref. 17-542 RS Neb.)
In the event a consumer directsw
the Water Commissioner to shut off the water and the stop box, as set out
above, and thereafter requests te water to be turned on again, the consumer
shall pay a reconnection fee in the amount of twenty-five dollars ($25.00)
§3-112 MUNICIPAL
WATER DEPARTMENT; SINGLE PREMISE. No consumer shall
supply water to other families, or allow them to take water from his premise,
nor after water is supplied into a building shall any person make or employ a
plumber or other person to make a tap or connection with the pipe upon the
premise for alteration, extension, or attachment without the written permission
of the Water Commissioner. It shall further be unlawful for any person to
tamper with any water meter or by means of any contrivance or device to divert
the water from the service pipe so that the water will not pass through the
meter or while passing through said meter to cause the meter to register
inaccurately. (Ref. 17-537 RS Neb.)
§3-113 MUNICIPAL WATER
DEPARTMENT; RESTRICTED USE.
The Governing Body or the Water Commissioner may order a reduction in
the use of water or shut off the water on any premise in the event of a water
shortage due to fire or other good and sufficient cause. The Municipality shall
not be liable for any damages caused by shutting off the supply of water of any
consumer while the system or any part thereof is undergoing repairs or when
there is a shortage of water due to circumstances over which the Municipality
has no control. (Ref. 17-537 RS Neb.)
§3-114 MUNICIPAL WATER
DEPARTMENT; FIRE HYDRANTS.
All hydrants for the purpose of extinguishing fires are hereby declared
to be public hydrants, and it shall be unlawful for any person other than
members of the Municipal Fire Department under the orders of the Fire Chief, or
the Assistant Fire Chief; or members of the Water Department to open or attempt
to open any of the hydrants and draw water from the same, or in any
manner to interfere with the hydrants.
§3-115 MUNICIPAL WATER
DEPARTMENT; POLLUTION. It
shall be unlawful for any person to pollute or attempt to pollute any stream or
source of water for the supply of the Municipal Water Department. (Ref. 17-536 RS Neb.)
§3-116 MUNICIPAL
WATER DEPARTMENT; WATER SERVICE CONTRACTS.
Contracts for water service are not transferable. Any person wishing to
change from one location to another shall make a new application and sign a new
contract. If any consumer shall move from the premise where service is
furnished, or if the said premise is destroyed by fire or other casualty, he
shall at once inform the Water Commissioner who shall cause the water service
to be shut off at the said premise. If the consumer should fail to give such
notice, he shall be charged for all water used on the said premise until the
Water Commissioner is otherwise advised of such circumstances. (Ref. 17-537 RS Neb.)
§3-117 MUNICIPAL WATER
DEPARTMENT; INSPECTION. The Water Commissioner, or his duly
authorized agents, shall have free access, at any reasonable time, to all parts
of each premise and building to, or in which, water is delivered for the
purpose of examining the pipes, fixtures, and other portions of the system to
ascertain whether there is any disrepair or unnecessary waste of water. (Ref. 17-537 RS Neb.)
§3-118 MUNICIPAL WATER
DEPARTMENT; POLICE REPORTS.
It shall be the duty of the Municipal Police to report to the Water
Commissioner all cases of leakage and waste in the use of water and all
violations of the Municipal Code relating to the Water Department. They shall
have the additional duty of enforcing the observance of all such regulations.
§3-119 MUNICIPAL WATER
DEPARTMENT; DESTRUCTION OF PROPERTY. It shall be unlawful for any person to
willfully or carelessly break, injure, or deface any building, machinery,
apparatus, fixture, attachment, or appurtenance of the Municipal Water
Department. No person may deposit anything in a stop box or commit any act
tending to obstruct or impair the intended use of any of the above mentioned
property without the written
permission of the Water Commissioner.
§3-120 MUNICIPAL WATER
DEPARTMENT; TIME. All
taps or plumbing work done on or to the Municipal water system shall be done
between the hours of seven (
§3-121 MUNICIPAL
WATER DEPARTMENT; BACKFLOW/ BACKSIPHONAGE PREVENTION; PURPOSE.
(1) To
protect the public potable water supply served by the Fullerton Water
Department from the possibility of contamination or pollution by isolating,
within its consumers internal distribution system, such contaminants or
pollutants which could backflow or backsiphon into the public water system.
(2) To
promote the elimination or control of existing cross connections, actual or
potential, between its customers' in-plant potable water systems, and non-potable
systems.
(3) To
provide for the maintenance of a continuing program of cross connection control
which will effectively prevent the contamination or pollution of all potable
water systems by cross connection.
§3-122 MUNICIPAL
WATER DEPARTMENT; BACKFLOW/ BACKSIPHONAGE PREVENTION; AUTHORITY.
(1) The
Federal Safe Drinking Water Act of 1874, and the statutes of the State of
Nebraska Chapter 71, the water purveyor has the primary responsibility for
preventing water from unapproved sources, or any other substances, from
entering the public potable water system.
(2) Fullerton
Water Department, Rules and Regulations, adopted.
§3-123 MUNICIPAL
WATER DEPARTMENT; BACKFLOW/ BACKSIPHONAGE PREVENTION;
RESPONSIBILITY. The Water Commissioner shall be
responsible for the protection of the public potable water distribution system
from contamination or pollution due to the backflow or backsiphonage of
contaminants or pollutants through the water service connection. If, in the judgment of the Water
Commissioner, an approved backflow device is required at the City's water
service connection to any customer's premises, the Water Commissioner, or his
delegated agent shall give notice in writing to said customer to install an
approved backflow prevention device at each service connection to his
premises. The customer shall, within 90
days install such approved device, or devices, at his own expense, and failure
or refusal, or inability on the part of the customer to install said device or
devices within ninety (90) days, shall constitute a ground for discontinuing
water service to the premises until such device or devices have been properly
installed.
§3-124 MUNICIPAL
WATER DEPARTMENT; BACKFLOW/ BACKSIPHONAGE PREVENTION; DEFINITIONS.
(1) Approved - Accepted by
the Water Commissioner as meeting an applicable specification stated or cited
in this regulation, or as suitable for the proposed use.
(2) Auxiliary Water Supply -
Any water supply, on or available, to the premises other than the purveyor's
approved public potable water supply.
(3) Backflow - The flow of
water or other liquids, mixtures or substances, under positive or reduced
pressure in the distribution pipes of a potable water supply from any source
other than its intended source.
(4) Backflow Preventer - A
device or means designed to prevent backflow or backsiphonage. Most commonly categorized as air gap, reduced
pressure principle device, double check valve assembly, pressure vacuum
breaker, atmospheric vacuum breaker, hose bib vacuum breaker, residential dual
check, double check with intermediate atmospheric vent, and barometric loop.
(a) Air
Gap - A physical separation sufficient to prevent backflow between the
free-flowing discharge end of the potable water system and any other
system. Physically defined as a distance
equal to twice the diameter of the supply side pipe diameter but never less
than one (1) inch.
(b) Atmospheric
Vacuum Breaker - A device which prevents backsiphonage by creating an
atmospheric vent when there is either a negative pressure or sub-atmospheric
pressure in a water system.
(c) Barometric
(d) Double
Check Valve Assembly - An assembly of two (2) independently operating
spring loaded check valves with tightly closing shut off valves on each side of
the check valves, plus properly located test cocks for the testing of each
check valve.
(e) Double
Check Valve with Intermediate Atmospheric Vent - A device having two (2)
spring loaded check valves separated by an atmospheric vent chamber.
(f) Hose
Bib Vacuum Breaker - A device which is permanently attached to a hose bib
and which acts as an atmospheric vacuum breaker.
(g) Pressure
Vacuum Breaker - A device containing one or two independently operated
spring loaded check valves and an independently operated spring loaded air
inlet valve located on the discharge side of the check or checks. Device includes tightly closing shut-off
valves on each side of the check valves and properly located test cocks for the
testing of the check valve(s).
(h) Reduced
Pressure Principle Backflow Preventer - An assembly consisting of two (2)
independently operating approved check valves with an automatically operating
differential relief valve located between the two (2) check valves, tightly
closing shut-off valves on each side of the check valves plus properly located
test cocks for the testing of the check valves and the relief valves.
(i) Residential
Dual Check - An assembly of two (2) spring loaded, independently operating
check valves without tightly closing shut-off valves and test cocks. Generally employed immediately downstream of
the water meter to act as a containment device.
(5) Backpressure - A
condition in which the owners system pressure is greater than the suppliers
system pressure.
(6) Backsiphonage - The
flow of water or other liquids, mixtures or substances into the distribution pipes
of a potable water supply system from any source other than its intended source
caused by the sudden reduction of pressure in the potable water supply system.
(7) Containment - A method
of backflow prevention which requires a backflow prevention preventer at the
water service entrance.
(8) Contaminant - A
substance that will impair the quality of the water to a degree that it creates
a serious health hazard to the public leading to poisoning or the spread of
disease.
(9) Cross Connection - Any
actual or potential connection between the public water supply and a source of
contamination or pollution.
(10) Department
- City of Fullerton Water Department.
(11) Department of Health - The
State of
(12) Fixture
Isolation - A method of backflow prevention in which a backflow preventer
is located to correct a cross connection at an in-plant location rather than at
a water service entrance.
(13) Owner
- Any person who has legal title to, or license to operate or habitat in, a property
upon which a cross connection inspection is to be made or upon which a cross
connection is present.
(14) Person
- Any individual, partnership, company, public or private corporation,
political subdivision or agency of the State Department agency or instrumentality
or the United States or any other legal entity.
(15) Permit
- A document issued by the Department which allows the use of a backflow
preventer.
(16) Pollutant
- A foreign substance, that if permitted to get into the public water system,
will degrade its quality so as to constitute a moderate hazard, or impair the
usefulness or quality of the water to a degree which does not create an actual
hazard to the public health but which does adversely and unreasonably effect
such water for domestic use.
(17) Water
Service Entrance - That point in the owners water system beyond the
sanitary control of the Department; generally considered to be the outlet end
of the water meter and always before any unprotected branch.
(18) Water
Commissioner - The Director or his delegated representative in charge of
the Fullerton Water Department, is invested with the authority and
responsibility for the implementation of a cross connection control program for
the enforcement of the provisions of sections 3-121 through 30-133.
§3-125 MUNICIPAL
WATER DEPARTMENT; BACKFLOW/ BACKSIPHONAGE PREVENTION; ADMINISTRATION.
(1) The
Department will operate a cross connection control program, to include the
keeping of necessary records, which fulfills the requirements of the Department
of Health's Cross Connection Regulations and is approved by the Department of
Health.
(2) The
owner shall allow his property to be inspected for possible cross connections
and shall follow the provisions of the Department's program and the Department
of Health's Regulations if a cross connection is permitted.
(3) If
the Department requires that the public supply be protected by containment, the
owner shall be responsible for water quality beyond the outlet end of the
containment device and should utilize fixture outlet protection for that
purpose.
He
may utilize public health officials, or personnel from the Department or their
delegated representatives, to assist him in the survey of his facilities and to
assist him in the selection of proper fixture outlet devices, and the proper
installation of these devices.
§3-126 MUNICIPAL
WATER DEPARTMENT; BACKFLOW/ BACKSIPHONAGE PREVENTION;
REQUIREMENTS.
(1) Department
(a) On
new installations, the Department will provide on-site evaluation and/or
inspection of plans in order to determine the type of backflow preventer, if
any, that will be required, will issue permit, and perform inspection and
testing. In any case, a minimum of a
dual check valve will be required in any new construction.
(b) For
premises existing prior to the start of this program the Department will
perform evaluations and inspections of plans and/or premises and inform the
owner by letter of any corrective action deemed necessary, the method of
achieving the correction, and the time allowed for the correction to be
made. Ordinarily, ninety (90) days will
be allowed, however, this time period may be shortened depending upon the
degree of hazard involved and the history of the device(s) in question.
(c) The
Department will not allow any cross connection to remain unless it is protected
by an approved backflow preventer for which a permit has been issued and which
will be regularly tested to insure satisfactory operation.
(d) The
Department shall inform the owner by letter, of any failure to comply, by the
time of the first re-inspection. The
Department will allow an additional fifteen (15) days for the correction. In the event the owner fails to comply with
the necessary correction by the time of the second re-inspection, the
Department will inform the owner by letter, that the water service to the
owner's premises will be terminated within a period not to exceed seven (7)
days. In the event that the owner
informs the Department of extenuating circumstances as to why the correction
has not been made, a time extension may be granted by the Department but in no
case will exceed an additional thirty (30) days.
(e) If
the Department determines at any time that a serious threat to the public
health exists, the water service will be terminated immediately.
(f) The
Department shall have on file, a list of private contractors who are certified
backflow device testers. All charges for
these tests will be paid by the owner of the building or property.
(g) The
Department will begin initial premises inspections to determine the nature of
existing or potential hazards, following the approval of this program by the
Department of Health, during the calendar year 1990. Initial focus will be on high hazard
industries and commercial premises.
(2) Owner
(a) The
owner shall be responsible for the elimination or protection of all cross
connections on this premises.
(b) The
owner, after having been informed by a letter from the Department, shall at his
expense, install, maintain, and test, or have tested, any and all backflow
preventers on his premises.
(c) The
owner shall correct any malfunction of the backflow preventer which is revealed
by periodic testing.
(d) The
owner shall inform the Department of any proposed or modified cross connections
and also any existing cross connections of which the owner is aware but has not
been found by the Department.
(e) The
owner shall not install a by-pass around any backflow preventer unless there is
a backflow preventer of the same type on the bypass. Owners who cannot shut down operation for
testing of the device(s) must supply additional devices necessary to allow
testing to take place.
(f) The
owner shall install backflow preventers in a manner approved by the Department.
(g) The
owner shall install only backflow preventers approved by the Department or the
Department of Health.
(h) Any
owner having a private well or other private water source must have a permit if
the well or source is cross connected to the Department's system. Permission to cross connect may be denied by
the Department. The owner may be
required to install a backflow preventer at the service entrance if a private
water source is maintained, even if it is not cross connected to the
Department's system.
(i) In
the event the owner installs plumbing to provide potable water for domestic
purposes which is on the Department's side of the backflow preventer, such
plumbing must have its own backflow preventer.
(j) The
owner shall be responsible for the payment of all fees for permits, annual or
semiannual device testing, re-testing in the case that the device fails to
operate correctly, and second re-inspections for noncompliance with Department
or Department of Health requirements.
§3-127 MUNICIPAL
WATER DEPARTMENT; BACKFLOW/ BACKSIPHONAGE PREVENTION; DEGREE OF
HAZARD. The Department recognizes the threat to the
public water system arising from cross connections. All threats will be classified by degree of
hazard and will require the installation of approved reduced pressure principle
backflow prevention devices or double check valves.
§3-128 MUNICIPAL
WATER DEPARTMENT; BACKFLOW/ BACKSIPHONAGE PREVENTION; PERMITS.
(1) The
Department shall not permit a cross connection within the public water supply
system unless it is considered necessary and that it cannot be eliminated.
(2) Cross
connection permits that are required for each backflow prevention device are
obtained from the Department. A fee of
$5.00 will be charged for the initial permit and $5.00 for the renewal of each
permit.
(3) Permits
shall be renewed every five (5) years and are non-transferable. Permits are subject to revocation and become
immediately revoked if the owner should so change the type of cross connection
or degree of hazard associated with the service.
(4) A
permit is not required when fixture isolation is achieved with the utilization
of a non-testable backflow preventer.
§3-129 MUNICIPAL
WATER DEPARTMENT; BACKFLOW/ BACKSIPHONAGE PREVENTION; EXISTING
IN-USE BACKFLOW PREVENTION DEVICES. Any existing backflow
preventer shall be allowed by the Department to continue in service unless the
degree of hazard is such as to supersede the effectiveness of the present
backflow preventer, or result in an unreasonable risk to the public
health. Where the degree of hazard has
increased, as in the case of a residential installation converting to a
business establishment, any existing backflow preventer must be upgraded to a
reduced pressure principle device, or a reduced pressure principle device must
be installed in the event that no backflow device is present.
§3-130 MUNICIPAL
WATER DEPARTMENT; BACKFLOW/ BACKSIPHONAGE PREVENTION; PERIODIC
TEST- ING.
(1) Reduced
pressure principle backflow devices shall be tested and inspected at least
semi-annually.
(2) Periodic
testing shall be performed by the Department's certified tester or his
delegated representative. This testing
will be done at the owner's expense.
(3) The
testing shall be conducted during the Department's regular business hours. Exceptions to this, when at the request of
the owner, may require additional charges to cover the increased costs to the
Department.
(4) Any
backflow preventer which fails during a periodic test will be repaired or
replaced. When repairs are necessary,
upon completion of the repair the device will be re-tested at owners expense to
insure correct operation. High hazard
situations will not be allowed to continue unprotected if the backflow
preventer fails the test and cannot be repaired immediately. In other situations, a compliance date of not
more than thirty (30) days after the test date will be established. The owner is responsible for spare parts,
repair tools, or a replacement device.
Parallel installation of two (2) devices is an effective means of the
owner insuring that uninterrupted water service during testing or repair of
devices and is strongly recommended when the owner desires such continuity.
(5) Backflow
prevention devices will be tested more frequently than specified in (1) above,
in cases where there is a history of test failures and the Department feels
that due to the degree of hazard involved, additional testing is
warranted. Cost of the additional tests
will be born by the owner.
§3-131 MUNICIPAL
WATER DEPARTMENT; BACKFLOW/ BACKSIPHONAGE PREVENTION; RECORDS AND
REPORTS.
(1) Records
The
Department will initiate and maintain the following:
(a) Master
files on customer cross connection tests and/or inspections.
(b) Master
files on cross connection permits.
(c) Copies
of permits and permit applications.
(d) Copies
of lists and summaries supplied to the Department of Health.
(2) Reports
The
Department will submit the following to the Department of Health.
(a) Initial
listing of low hazard cross connections to the State.
(b) Initial
listing of high hazard cross connections to the State.
(c) Annual
update lists of items 1 and 2 above.
(d) Annual
summary of cross connection inspections to the State.
§3-132 MUNICIPAL
WATER DEPARTMENT; BACKFLOW/ BACKSIPHONAGE PREVENTION; FEES AND
CHARGES. The Department will publish a list of fees or
charges for the following services or permits:
(1) Testing
fees
(2) Re-testing
fees
(3) Fee
for re-inspection
(4) Charges
for after-hours inspections or tests.
§3-133 MUNICIPAL
WATER DEPARTMENT; BACKFLOW/ BACKSIPHONAGE PREVENTION; RESIDENTIAL
DUAL CHECK DEVICES REQUIRED; STRAINERS.
(1) Effective the date of the acceptance of this Cross Connection
Control Program for the Town of Fullerton all new residential buildings will be
required to install a residential dual check device immediately downstream of
the water meter. Installation of this
residential dual check device on a retrofit basis on existing service lines
will be instituted at a time and at a potential cost to the homeowner as deemed
necessary by the Department.
(2)
The owner must be aware that installation of a residential dual check valve
results in a potential closed plumbing system within his residence. As such, provisions may have to be made by
the owner to provide for thermal expansion within his closed loop system, i.e.,
the installation of thermal expansion devices and/or pressure relief valves.
(3)
The Department strongly recommends that all new retrofit installations of
reduced pressure principle devices and double check valve backflow preventers
include the installation of strainers located immediately upstream of the
backflow device. The installation of
strainers will preclude the fouling of backflow devices due to both foreseen
and unforeseen circumstances occurring to the water supply system such as water
main repairs, water main breaks, fires, periodic cleaning and flushing of
mains, etc. These occurrences may
"stir up" debris within the water main that will cause fouling of
backflow devices installed without the benefit of strainers.
§3-134 MUNICIPAL
WATER DEPARTMENT; FLUORIDATION OF WATER SUPPLY.
That necessary equipment be installed and maintained for the injection
of fluoride into the Municipal water supply to comply with the vote of the
people on
§3‑135. DRILLING OR
INSTALLATION OF OTHER FACILITIES WITHIN DESIGNATED DISTANCE FROM MUNICIPAL
WATER SOURCES; PROHIBITED. (1) Under
no circumstances shall the City Council approve any permit to drill or operate
any of the below described facility within the indicated number of feet from
the City of
Non potable water well ‑ within 1,000 feet;
Any other well ‑ within 1,000 feet;
Sewage lagoon ‑ within 1,000 feet;
Absorption or disposal field for water ‑ within
500 feet;
Cesspool ‑ within 500 feet;
Dumping grounds ‑ within 500 feet,
Feedlot or feedlot runoff ‑ within 500 feet;
Livestock pasture or corral ‑within 500 feet;
Chemical product storage facility ‑ within 500
feet;
Petroleum product storage facility ‑ within 500
feet;
Pit toilet ‑ within 500 feet;
Sanitary landfill ‑ within 500 feet;
Septic tank ‑within 500 feet;
Sewage treatment plant ‑ within 500 feet;
Sewage wet well ‑ within 500 feet.
(2) No well may be drilled within
the zoning jurisdiction of the City of
§ 3-136 PENALTIES AND ABATEMENT
PROCEDURE. In the event any of the above described facilities are
installed or operated without first having obtained a permit from the City of
Fullerton and/or within a designated number of feet from the municipal water
supply, then such facilities shall be deemed a nuisance and the governing board
shall abate such facility as a public nuisance.
In addition thereto, any person violating any of the terms of this
ordinance is hereby determined to be "guilty" of an offense and upon
conviction thereof, shall be fined not more than five hundred ($500.00) dollars
for each offense. A new violation shall
be deemed to have been committed every twenty-four hours of such failure to
comply.
Article 2. Sewer Department
§3-201 MUNICIPAL
SEWER DEPARTMENT; OPERATION AND FUNDING.
(1) The Municipality owns and operates the Municipal Sewer System
through the Sewer Superintendent. The Governing Body, for the purpose of
defraying the cost of the operation, maintenance and replacement (OM&R) of
the Municipal Sewer System may establish a user charge system based on actual
use and revise the charges, if necessary, to accomplish the following:
(a) Maintain
the proportional distribution of operation, maintenance and replacement
(OM&R) costs among users and user classes;
(b) Generate
adequate revenues to pay the costs of OM&R;
(c) Apply
excess revenues collected from a class
of users to the costs of OM&R attributable to that class for the next year
and adjust the rates accordingly.
(2)
The revenue from the said user charge system based on actual use shall be known
as the Operation, Maintenance and Replacement Fund. The Sewer Superintendent
shall have the direct management and control of the Sewer Department and shall
faithfully carry out the duties of his office. He shall have the authority to
adopt rules and regulations for the sanitary and efficient management of the
Department subject to the supervision and review of the Governing Body. (Ref. 17-149,
17-925.01 RS Neb.)
§3-202 MUNICIPAL
SEWER DEPARTMENT; DEFINITION OF TERMS.
Unless the context specifically indicates otherwise, the meaning of
terms used in this Article shall be as follows:
"BOD" (denoting Biochemical
Oxygen Demand) shall mean the quantity of oxygen utilized in the biochemical
oxidation of organic matter under
standard laboratory procedure in five (5)
days at twenty (20) degrees C., expressed in milligrams per liter.
"Building Drain" shall mean that
part of the lowest horizontal piping of a drainage system which receives the
discharge from soil, waste, and other drainage pipes inside the walls of the
building and conveys it to the building sewer, beginning five (5) feet (1.5
meters) outside the inner face of the building wall.
"Building Sewer" shall mean the
extension from the building drain to the public sewer or other place of
disposal.
"Combined Sewer" shall mean a
sewer receiving both surface runoff and sewage.
"Consumer" shall mean all users of the Municipal
sewerage system of the City; the owners and tenants of real estate and
buildings connected with said sewerage system, or served thereby; and all users
of said system who in any way use the same or discharge sanitary sewage,
industrial wastes, water or other liquid either directly or indirectly into the
sewerage system of said City.
"Garbage" shall mean solid
wastes from the domestic and commercial preparation, cooking, and dispensing of
food, and from the handling, storage, and sale of produce.
"Industrial Wastes" shall mean
the liquid wastes from industrial manufacturing processes, trade, or business as
distinct from sanitary sewage.
"Natural Outlet" shall mean any
outlet into a watercourse, pond, ditch, lake, or other body of surface or
groundwater.
"Person" shall mean any
individual, firm, company, association, society, corporation, or group.
"pH" shall mean the logarithm of
the reciprocal of the weight of
hydrogen ions in grams per liter of solution.
"Properly Shredded Garbage"
shall mean the wastes from the preparation, cooking, and dispensing of food
that have been shredded to such a degree that all particles will be carried
freely under the flow conditions normally prevailing in public sewers, with no
particle greater than one-half (1/2) inch (1.27 centimeters) in any dimension.
''Public Sewer'' shall mean a sewer in
which all owners of abutting properties have equal rights, and is controlled by
public authority.
"Residential Contributor" shall
mean any contributor to the City's sewerage system whose lot, parcel of real
estate, or building is used for single family dwelling purposes only.
''Sanitary Sewer'' shall mean a sewer
which carries sewage and to which storm, surface, and groundwaters are not
intentionally admitted.
''Sewage'' shall mean a combination of the
water-carried wastes from residences, business buildings, institutions, and industrial
establishments together with such ground, surface, and stormwaters as may be
present.
''Sewage Treatment Plant'' shall mean any
arrangement of
devices and structures used for treating sewage.
"Sewage Works" shall mean all
facilities for collecting, pumping, treating
and disposing of sewage.
''Sewer'' shall mean a pipe or conduit
for carrying sewage.
''Shall'' is mandatory;
''May'' is permissive.
''Slug'' shall mean any discharge of
water, sewage, or industrial waste which in concentration of any given
constituent or in quantity of flow exceeds for any period of duration longer
than fifteen (15) minutes more than five (5) times the average twenty-four (24)
hour concentration or flows during normal operation.
''Storm Drain'' (sometimes termed ''storm
sewer'') shall mean a sewer which carries storm and surface waters and
drainage, but excludes sewage and industrial wastes, other than unpolluted
cooling water.
''Superintendent'' shall mean the Sewer
Superintendent of the City of Fullerton, Nebraska or his authorized deputy,
agent, or representative.
''Suspended Solids'' shall mean solids
that either float on the surface of, or are in suspension in water, sewage, or
other liquids, and are removable by filtering.
''Watercourse'' shall mean a channel in
which a flow of water occurs, either continuously or intermittently.
§3-203 MUNICIPAL
SEWER DEPARTMENT; APPLICATION FOR PERMIT.
Any person wishing to connect with the Sewer System shall make an
application therefor to the Municipal Clerk. The Municipal Clerk may require
any applicant to make a service deposit in such amount as set by ordinance of
the Governing Body. Sewer service may
not be supplied to any house or building except upon the written order of the
Sewer Superintendent. The Department shall not supply sewer service to any
person outside the corporate limits without special permission from the
Governing Body; provided, that the entire cost of pipe and other installation
charges shall be paid by such consumers. Nothing herein shall be construed to
obligate the Municipality to provide sewer service to nonresidents. (Ref.
17-149, 18-503 RS Neb.)
§3-204 MUNICIPAL
SEWER DEPARTMENT; SEWER CONTRACT. The Municipality
through the Municipal Sewer Department shall furnish sewer services to persons within
its corporate limits whose premises abut a street or alley in which a
commercial main is now or may hereafter be laid. The Municipality may also
furnish sewer service to persons whose premises are situated outside the
corporate limits of the Municipality, as and when, according to law, the
Governing Body may see fit to do so. The
rules, regulations, and sewer rental rates hereinafter named in this Article,
shall be considered a part of every application hereafter made for sewer
service and shall be considered a part of the contract between every customer
now or hereafter served. Without further formality, the making of the
application on the part of any applicant or the use of sewer service by present
customers thereof shall constitute a contract between the customer and the
Municipality to which said contract both parties are bound. If the customer
shall violate any of the provisions of said contract or any reasonable rules
and regulations that the Governing Body may hereafter adopt, the Sewer Superintendent,
or his agent, may cut off or disconnect the sewer service from the building or
premise of such violation. No further connection for sewer service to said
building or premise shall again be made save or except by order of the Sewer
Superintendent or his agent. (Ref. 17-901, 17-902, 18-503 RS Neb.)
§3-205 MUNICIPAL SEWER
DEPARTMENT; SERVICE CONTRACTS.
Contracts for sewer service are not transferable. Any person wishing to
change from one location to another shall make a new application and sign a new
contract. If any customer shall move from the premise where service is
furnished, or if the said premise is destroyed by fire or other casualty, he
shall at once inform the Sewer Superintendent who shall cause the sewer service
to be shut off from the said premise. If the customer should fail to give
notice, he shall be charged for that period of time until the official in
charge of sewers is otherwise advised of such circumstances. (Ref. 17-901,
17-902, 18-503 RS Neb.)
§3-206 MUNICIPAL SEWER
DEPARTMENT; USER CHARGE RATES. Sewer rates are non-permanent in nature and are kept
on record at the City Offices.
§3-207 MUNICIPAL
SEWER DEPARTMENT; OPERATION, MAINTENANCE, AND REPLACEMENT
FUND. (1) All monies raised from user charges for
sewerage shall be used for maintenance or operation of the existing system and
for principal and interest on bonds issued, as provided by law, or to create a
replacement fund for the purpose of future maintenance or construction of a new
sewer system, or construction of a new treatment system for the City of
Fullerton, Nebraska. That portion of the
total user charge collected which is designated for operation and maintenance,
including replacement purposes as established in section 3-206, shall be
deposited in a separate non-lapsing fund known as the Operation, Maintenance,
and Replacement Fund, and will be kept in two primary accounts, as follows:
(a) An
account designated for the specific purpose of defraying operation and
maintenance costs, excluding replacement, of the sewerage system (Operation and
Maintenance Account).
(b) An
account designated for the specific purpose of ensuring replacement needs over
the useful life of the sewerage system (Replacement Account). Deposits in the Replacement Account shall be
made annually from the operation, maintenance, and replacement revenue in the
amount of $2,750.00 annually.
(2)
Fiscal year-end balances in the Operation and Maintenance Account and the
Replacement Account shall be carried over to the same accounts in the
subsequent fiscal year, and shall be used for no other purposes than those
designated for these accounts. Monies
which have been transferred from other sources to meet temporary shortages in
the operation, maintenance and replacement fund shall be returned to their respective
accounts upon appropriate adjustment of the user charge rates. The user charge rate shall be adjusted such
that the transferred monies will be returned to their respective accounts
within the fiscal year following the fiscal year in which the monies were
borrowed.
§3-208 MUNICIPAL
SEWER DEPARTMENT; USER CHARGE REVIEW. At
least once every two years, the Mayor and Council shall review the sewer user
charge system in order to maintain its adequacy to pay the costs of operation
and maintenance, including replacement costs, and the proportionality of
charges among the users. Any excess
revenues collected for a class of users shall be credited to that class for the
next year, and its rates will be adjusted accordingly.
§3-209 MUNICIPAL
SEWER DEPARTMENT; USER CHARGE NOTIFICATION.
The City shall notify each user at least annually, in conjunction with a
regular bill, of the rate being charged for operation and maintenance,
including replacement, of the sewerage system.
§3-210 MUNICIPAL
SEWER DEPARTMENT; USER CHARGE RATES; EXCEPTION.
Where, in the judgment of the Sewer Superintendent, special conditions
surrounding the use of City water to the extent that the application of the
service charges, user charge rates, or rentals, as specified herein, would be
inequitable and unfair to either the City of Fullerton or the contributors, the
Sewer Superintendent shall recommend to the City Council a special rate
applying to such contributors. Such
special rates shall apply to all contributors to the sanitary utilities of the
City under like circumstances.
§3-211 MUNICIPAL
SEWER DEPARTMENT; CLASSIFICATION. The Governing Body
may classify for the purpose of rental fees the customers of the Municipal
Sewer Department; provided, that such classifications are reasonable and do not
discriminate unlawfully against any consumer or group of consumers. (Ref. 17-925.02 RS Neb.)
§3-212 MUNICIPAL
SEWER DEPARTMENT; PUBLIC SEWERS
REQUIRED; UNLAWFUL DEPOSIT OF WASTES. It
shall be unlawful for any person to place, deposit, or permit to be deposited
in any unsanitary manner on public or private property within the City of
§3-213 MUNICIPAL
SEWER DEPARTMENT; PUBLIC SEWERS REQUIRED; UNLAWFUL DISCHARGE OF
UNTREATED SEWAGE. It shall be unlawful to discharge to any
natural outlet within the City of
§3-214 MUNICIPAL
SEWER DEPARTMENT; PUBLIC SEWERS REQUIRED; CESSPOOLS,
PRIVIES, AND SEPTIC TANKS PROHIBITED.
Except as hereinafter provided, it shall be unlawful to construct or
maintain any privy, privy vault, septic tank, cesspool, or other facility
intended or used for the disposal of sewage.
§3-215 MUNICIPAL
SEWER DEPARTMENT; PUBLIC SEWERS REQUIRED; MANDATORY HOOK-UP.
The owner of all houses, buildings, or properties used for human
occupancy, employment, recreation, or other purposes, situated within the City
abutting on any street, alley, or right-of-way in which there is now located or
may in the future be located a public sanitary or combined sewer of the City is
hereby required at his expense to install suitable toilet facilities therein,
and to connect such facilities directly with the proper public sewer in
accordance with the provisions of this Article, within ninety (90) days after
date of official notice to do so, provided that said public sewer is within
thirty (30) feet of the property line.
§3-216 MUNICIPAL
SEWER DEPARTMENT; PRIVATE SEWAGE DISPOSAL; WHEN APPLICABLE.
(1) Where a public sanitary or combined sewer is not available under the
provisions of section 3-215, the building sewer shall be connected to a private
sewage disposal system complying with the provisions of this Article.
(2)
At such time as a public sewer becomes available to a property served by a
private sewage disposal system, as provided in section 3-215, a direct
connection shall be made to the public sewer in compliance with this Article,
and any septic tanks, cesspools, and similar private sewage disposal facilities
shall be abandoned and filled with suitable material.
§3-217 MUNICIPAL
SEWER DEPARTMENT; PRIVATE SEWAGE DISPOSAL SYSTEM; PERMIT REQUIRED;
FEE. Before commencement of construction of a
private sewage disposal system the owner shall first obtain a written permit
signed by the Superintendent. The
application for such permit shall be made on a form furnished by the City which
the applicant shall supplement by any plans, specifications, and other
information as are deemed necessary by the Superintendent. A permit and inspection fee of ten dollars
($10.00) shall be paid to the Municipal Clerk at the time the application is
filed.
§3-218 MUNICIPAL
SEWER DEPARTMENT; PRIVATE SEWAGE DISPOSAL SYSTEM; PERMIT,
WHEN EFFECTIVE; INSPECTIONS. A permit for a private
sewage disposal system shall not become effective until the installation is
completed to the satisfaction of the Superintendent. He shall be allowed to inspect the work at
any stage of construction and, in any event, the applicant for the permit shall
notify the Superintendent when the work is ready for final inspection, and
before any underground portions are covered.
The inspection shall be made within twenty-four (24) hours of the
receipt of notice by the Superintendent.
§3-219 MUNICIPAL
SEWER DEPARTMENT; PRIVATE SEWAGE DISPOSAL SYSTEM; SPECIFICATIONS.
The type, capacities, location, and layout of a private sewage disposal
system shall comply with all recommendations of the Department of Health of the
State of
§3-220 MUNICIPAL
SEWER DEPARTMENT; PRIVATE SEWAGE DISPOSAL SYSTEM; MAINTENANCE. The
owner shall operate and maintain the private disposal facilities in a sanitary
manner at all times, at no expense to the City.
§3-221 MUNICIPAL
SEWER DEPARTMENT; PRIVATE SEWAGE DISPOSAL SYSTEM; ADDITIONAL
REQUIREMENTS. No statement contained in this Article shall
be construed to interfere with any additional requirements that may be imposed
by the Health Officer.
§3-222 MUNICIPAL
SEWER DEPARTMENT; PRIVATE SEWAGE DISPOSAL SYSTEM; CONNECTION TO
PUBLIC SEWER; WHEN REQUIRED. When a public sewer
becomes available, the building sewer shall be connected to said sewer within
sixty (60) days and the private sewage disposal system shall be cleaned of
sludge with clean bank-run gravel or dirt.
§3-223 MUNICIPAL
SEWER DEPARTMENT; BUILDING SEWER INSTALLATION; CLASSIFICATION;
PERMIT APPLICATION; FEE. There shall be two (2)
classes of building sewer permits: (a)
for residential and commercial service, and (b) for service to establishments
producing industrial wastes. In either
case, the owner or his agent shall make application on a special form furnished
by the City. The permit application
shall be supplemented by any plans, specifications, or other information
considered pertinent in the judgment of the Superintendent. A permit and inspection fee of ten dollars
($10.00) for a residential or commercial building sewer permit and ten dollars
($10.00) for an industrial building sewer permit shall be paid to the Municipal
Clerk at the time the application is filed.
§3-224 MUNICIPAL
SEWER DEPARTMENT; BUILDING SEWER INSTALLATION; EXPENSE.
All costs and expense incident to the installation and connection of the
building sewer shall be borne by the owner.
The owner shall indemnify the City from any loss or damage that may
directly be occasioned by the installation of the building sewer.
§3-225 MUNICIPAL
SEWER DEPARTMENT; BUILDING SEWER INSTALLATION; SINGLE PREMISE. A
separate and independent building sewer shall be provided for every building;
except where one building stands at the rear of another on an interior lot and
no private sewer is available or can be constructed to the rear building
through an adjoining alley, court, yard, or driveway, the building sewer from
the front building may be extended to the rear building and the whole
considered as one building sewer.
§3-226 MUNICIPAL
SEWER DEPARTMENT; BUILDING SEWER INSTALLATION; USE OF EXISTING
SEWERS. Old building sewers may be used in connection
with new buildings only when they are found, on examination and test by the
Superintendent, to meet all requirements of this Article.
§3-227 MUNICIPAL
SEWER DEPARTMENT; BUILDING SEWER INSTALLATION; CONSTRUCTION CODES.
(1) The size, slope, alignment, materials of construction of a building
sewer, and the methods to be used in excavating, placing of the pipe, jointing,
testing, and backfilling the trench, shall all conform to the requirements of
the building and plumbing code or other applicable rules and regulations of the
City. In the absence of code provisions or in amplification thereof, the
materials and procedures set forth in appropriate specifications of the
A.S.T.M. and W.P.C.F. Manual of Practice No. 9 shall apply.
(2)
Whenever possible, the building sewer shall be brought to the building at an
elevation below the basement floor. In
all buildings in which any building drain is too low to permit gravity flow to
the public sewer, sanitary sewage carried by such building drain shall be
lifted by an approved means and discharged to the building sewer.
(3)
The connection of the building sewer into the public sewer shall conform to the
requirements of the building and plumbing code or other applicable rules and
regulations of the City, or the procedures set forth in appropriate
specifications of the A.S.T.M. and the W.P.C.F. Manual No. 9. All such connections shall be made gastight
and watertight. Any deviation from the
prescribed procedures and materials must be approved by the Superintendent
before installation.
§3-228 MUNICIPAL
SEWER DEPARTMENT; BUILDING SEWER INSTALLATION; INSPECTIONS.
The applicant for the building sewer permit shall notify the
Superintendent when the building sewer is ready for inspection and connection
to the public sewer. The connection
shall be made under the supervision of the Superintendent or his
representatives.
§3-229 MUNICIPAL
SEWER SYSTEM; REPAIRS AND REPLACEMENT. The Municipal Sewer Department may
require the owner of any property which is within the Municipality and
connected to the public sewers or drains to repair or replace any connection
line which serves the owner's property and is broken, clogged or otherwise in
need of repair or replacement. The property owner's duty to repair or replace
such a connection line shall include those portions upon the owner's property
and those portions upon public property or easements up to and including the
point of junction with the public main.
The
Municipal Clerk shall give the property owner notice by registered letter or
certified mail, directed to the last-known address of such owner or the agent
of such owner, directing the repair or replacement of such connection line. If
within thirty (30) days of mailing such notice the property owner fails or
neglects to cause such repairs or replacements to be made, the Superintendent
may cause such work to be done and assess the cost upon the property served by
such connection. (Ref. 18-1748 RS Neb.)
§3-230 MUNICIPAL
SEWER DEPARTMENT; PROHIBITED DISCHARGES; STORMWATER,
SURFACE WATER, GROUND WATER, COOLING WATER, AND PROCESS
WATER. (1) No person shall discharge or cause to be
discharged any stormwater, surface water, ground water, roof runoff, subsurface
drainage, including interior and exterior foundation drains, uncontaminated
cooling water, or unpolluted industrial process waters to any sanitary sewer.
(2)
Stormwater and all other unpolluted drainage shall be discharged to such sewers
as are specifically designated as combined sewers or storm sewers, or to a
natural outlet approved by the Superintendent.
Industrial cooling water or unpolluted process waters may be discharged,
on approval of the Superintendent, to a storm sewer, combined sewer, or natural
outlet.
§3-231 MUNICIPAL
SEWER DEPARTMENT; HAZARDOUS AND PROHIBITED DISCHARGES; FLAMMABLE,
TOXIC, CORROSIVE, AND OBSTRUCTIVE SUBSTANCES. No
person shall discharge or cause to be discharged any of the following described
waters or wastes to any public sewers:
(1) Any
gasoline, benzene, naptha, fuel oil, or other flammable or explosive liquid,
solid, or gas.
(2) Any
waters or wastes containing toxic or poisonous solids, liquids, or gases in sufficient
quantity, either singly or by interaction with other wastes, to injure or
interfere with any sewage treatment process, constitute a hazard to humans or
animals, crate a public nuisance, or create any hazard in the receiving waters
of the sewage treatment plant, including but not limited to cyanides in excess
of two (2) mg/1 as CN in the wastes as discharged to the public sewer.
(3) Any
waters or wastes having a pH lower than 5.5, or having any other corrosive
property capable of causing damage or hazard to structures, equipment, and
personnel of the sewage works.
(4) Solid
or viscous substances in quantities or of such size capable of causing
obstruction to the flow in sewers, or other interference with the proper
operation of the sewage works such as, but not limited to, ashes, cinders,
sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood,
unground garbage, whole blood, paunch manure, hair and fleshings, entrails and
paper dishes, cups, milk containers, etc. either whole or ground by garbage
grinders.
§3-232 MUNICIPAL
SEWER DEPARTMENT; HAZARDOUS AND PROHIBITED DISCHARGES; SPECIFIC
PROHIBITIONS AS DETERMINED BY SUPERINTENDENT; PRELIMINARY TREATMENT. No person shall discharge or cause to be discharged the following
described substances, materials, waters, or wastes if it appears likely in the
opinion of the Superintendent that such wastes can harm either the sewers,
sewage treatment process, or equipment, have an adverse effect on the receiving
stream, or can otherwise endanger life, limb, public property, or constitute a
nuisance. In forming his opinion as to
the acceptability of these wastes, the Superintendent will give consideration
to such factors as the quantities of subject wastes in relation to flows and
velocities in the sewers, materials on construction of the sewers, nature of
the sewage treatment process, capacity of the sewage treatment plant, degree of
treatability of wastes in the sewage treatment plant, and other pertinent
factors. The substances prohibited are:
(1) Any
liquid or vapor having a temperature higher than one hundred fifty (150)°F (65°C).
(2) Any
water or waste containing fats, wax, grease, or oils, whether emulsified or
not, in excess of one hundred (100) mg/1 or containing substances which may
solidify or become viscous at temperatures between thirty-two (32) and one
hundred fifty (150)°F (0 and 65°C).
(3) Any
garbage that has not been properly shredded.
The installation and operation of any garbage grinder equipped with a
motor of three-fourths (3/4) horsepower (0.76 hp metric) or greater shall be
subject to the review and approval of the Superintendent.
(4) Any
waters or wastes containing strong acid iron pickling wastes, or concentrated
plating solutions whether neutralized or not.
(5) Any
waters or wastes containing iron, chromium, copper, zinc, and similar
objectionable or toxic substances; or wastes exerting on excessive chlorine
requirement, to such degree that any such material received in the composite
sewage of the sewage treatment works exceeds the limits established by the
Superintendent for such materials.
(6) Any
waters or wastes containing phenols or other taste- or odor-producing
substances, in such concentrations exceeding limits which may be established by
the Superintendent as necessary, after treatment of the composite sewage, to
meet the requirements of the State, federal, or other public agencies of
jurisdiction for such discharge to the receiving waters.
(7) Any
radioactive wastes or isotopes of such half-life or concentration as may exceed
limits established by the Superintendent in compliance with applicable State or
Federal regulations.
(8) Any
waters or wastes having a pH in excess of 9.5.
(9) Materials
which exert or cause:
(a) Unusual
concentrations of inert suspended solids (such as, but not limited to, Fullers
earth, lime slurries, and lime residues) or of dissolved solids (such as, but
not limited to, sodium chloride or sodium
sulfate).
(b) Excessive
discoloration (such as, but not limited to, dye wastes and vegetable tanning
solutions).
(c) Unusual
BOD, chemical oxygen demand, or chlorine requirements in such quantities as to
constitute a significant load on the sewage treatment works.
(d) Unusual
volume of flow or concentration of wastes constituting "slugs" as
defined herein.
(10) Waters
or wastes containing substances which are not amenable to treatment or
reduction by the sewage treatment processes employed, or are amenable to
treatment only to such degree that the sewage treatment plant effluent cannot
meet the requirement of other agencies having jurisdiction over discharge to
the receiving waters.
(11) Any
waters or wastes having a 5-day biochemical oxygen demand greater than 300
parts per million by weight, containing more than 350 parts per million by
weight of suspended solids, or having an average daily flow greater than 2
percent of the average sewage flow of the City shall be subject to the review
of the Superintendent. Where necessary
in the opinion of the Superintendent, the owner shall provide, at his expense,
such preliminary treatment as may be necessary to reduce the biochemical oxygen
demand to 300 parts per million by weight, reduce the suspended solids to 350
parts per million by weight, or control the quantities and rates of discharge
of such waters or wastes. Plans,
specifications, and any other pertinent information relating to proposed
preliminary treatment facilities shall be submitted for the approval of the
Superintendent and no construction of such facilities shall be commenced until
said approvals are obtained in writing.
§3-233 MUNICIPAL
SEWER DEPARTMENT; HAZARDOUS AND PROHIBITED DISCHARGES; REJECTION,
PRETREATMENT, CONTROL OF DISCHARGE RATE, OR USE FEE SURCHARGE. (1) If any waters or wastes are
discharged, or are proposed to be discharged to the public sewers, which waters
contain the substances or possess the characteristics enumerated in section
3-232, and which in the judgment of the Superintendent, may have a deleterious
effect upon the sewage works, processes, equipment, or receiving waters, or
which otherwise create a hazard to life or constitute a public nuisance, the
Superintendent may:
(a) Reject
the wastes;
(b) Require
pretreatment to an acceptable condition for discharge to the public sewers;
(c) Require
control over the quantities and rates of discharge; and/or
(d) Require
payment to cover the added cost of handling and treating the wastes not covered
by existing taxes or sewer charges under the provisions of section 3-234 of
this Article.
(2)
If the Superintendent permits the pretreatment or equalization of waste flows,
the design and installation of the plants and equipment shall be subject to the
review and approval of the Superintendent, and subject to the requirements of
all applicable codes, ordinances, and laws.
§3-234 MUNICIPAL
SEWER DEPARTMENT; HAZARDOUS AND PROHIBITED DISCHARGES; SPECIAL
EXCEPTIONS PERMITTED; USE FEE SURCHARGE. No
statement contained in this Article shall be construed as preventing any
special agreement or arrangement between the City and any industrial concern
whereby an industrial waste of unusual strength or character may be accepted by
the City for treatment, subject to payment thereof, by the industrial concern.
§3-235 MUNICIPAL
SEWER DEPARTMENT; GREASE, OIL, AND SAND INTERCEPTORS;
WHEN REQUIRED. Grease, oil, and sand interceptors shall be
provided when, in the opinion of the Superintendent, they are necessary for the
proper handling of liquid wastes containing grease in excessive amounts, or any
flammable wastes, sand, or other harmful ingredients; except that such
interceptors shall not be required for private living quarters or dwelling
units. All interceptors shall be of a
type and capacity approved by the Superintendent, and shall be located as to be
readily and easily accessible for cleaning and inspection.
§3-236 MUNICIPAL
SEWER DEPARTMENT; PRELIMINARY TREATMENT OF FLOW EQUALIZING FACILITIES;
MAINTENANCE BY OWNER. Where preliminary treatment or
flow-equalizing facilities are provided for any waters or wastes, they shall be
maintained continuously in satisfactory and effective operation by the owner at
his expense.