Sec. 2-1 Adoption of City Manager Form of Government
Sec. 2-2 Meeting of City Council
Sec. 2-3 Municipal Library; Library Board
Sec. 2-4 Board of Health—Established; Composition
Sec. 2-5 Same—Powers
Sec. 2-6 Temporary Boards and Commissions
Sec. 2-7 Housing Authority
Sec. 2-7.1 Time of Appointment of Members of Boards and Commissions
and Housing Authority Commissioners
Sec. 2-7.2 Participation in Mid-Nebraska Area Planning Council of
Governments
Sec. 2-8 Appointment of Certain Officers
Sec. 2-9 Term of Office of Appointed Officers
Sec. 2-10 Salaries
Sec. 2-11 Bonds
Sec. 2-12 City Manager
Sec. 2-13 Mayor and President of Council to be Same
Sec. 2-14 Offices of City Clerk and City Treasurer
Sec. 2-15 City Attorney
Sec. 2-16 Repealed
Sec. 2-17 Repealed
Sec. 2-18 Repealed
Sec. 2-19 Repealed
Sec. 2-20 Repealed
Sec. 2-21 Created; Functions and Duties Generally
Sec. 2-22 Composition; Appointment, Qualifications, Compensation, Term of
Office and Removal of Members; Filling Vacancies in Office
Sec. 2-23 Officers; Meetings; Adoption of Rules; Records
Sec. 2-24 Funds, Equipment and Expenditures
Sec. 2-25 Plans for Physical Development of City
Sec. 2-26 Findings of Council
Sec. 2-27 Created; Membership; Appointment of Members
Sec. 2-28 Term of Office of Members
Sec. 2-29 State Law Adopted by Reference
Sec. 2-30 Creation and Establishment
Sec. 2-31 Term of Office
Sec. 2-32 Compensation
Sec. 2-33 Organization; Election of Chairman
Sec. 2-34 Duties of the Recreation Advisory Board shall be to Work With the
City Recreation Director
Sec. 2-35 Creation and Establishment
Sec. 2-36 Term of Office
Sec. 2-37 Compensation
Sec. 2-38 Duties and Responsibilities
Sec. 2-39 Operation
Sec. 2-40 Retirement Committee
Sec. 2-41 Retirement Funds
Sec. 2-42 Retirement Committee Duties
Sec. 2-43 Multi-Cultural Commission. Creation and Establishment.
Sec. 2-44 Multi-Cultural Commission. Term of Office
Sec. 2-45 Multi-Cultural Commission. Compensation
Sec. 2-46 Multi-Cultural Commission. Duties and Responsibilities.
Sec. 2-47 Multi-Cultural Commission .Operation
The City, pursuant to an election held on the 12th day of August, 1947, adopted the provisions of Article 6, Chapter 19 of the Revised Statutes of Nebraska, 1943, as amended, and has been operating under the provisions of such article as a City Manager form of government since the 12th day of April, 1948. (Mun. Code, Sec. 1-202)
Regular meetings of the City Council shall be held at the City offices at 7:30 P.M., on the second and fourth Tuesdays of each month. Special meetings shall be held as may be provided by the statutes of the State. The place and time of the meetings may be changed by the majority of the Council. A notice of such change of meetings shall be published in a legal newspaper at least one week before such meeting. (Mun. Code, Sec. 1-309; Ord. No. 929, Sec. 1; Ord. No. 1721, Sec. 1; Ord. No. 1807, Sec. 1)
Under the provisions of Section 16-238, Revised Statutes of Nebraska, 1943, there is hereby established a Board of Health. The members of the Board shall be as provided in the statute, except, the City Manager shall be a member instead of the Mayor, for the reason that the Mayor and President of the Council under the City Manager form of government are one and the same. (Mun. Code, Sec. 1-701)
The Board of Health shall have the powers as given it by state law to safeguard
The City Council may, by resolution, establish temporary advisory boards and commissions for special studies and investigations. The members of such boards or commissions shall be composed of at least seventy-five percent residents and citizens of the City, and shall be representative of the various occupations, professions, interest groups and industries of the City. Such boards shall report to the City Council and shall be automatically discharged at the conclusion of the special study or investigation. Unless otherwise specified by the Council, the City Manager shall be an ex-officio member of each such temporary board or commission and shall make available to the board or commission all the facilities and resources of his office for the purpose of implementing the study or investigation. (Mun. Code, Sec. 1-801.01)
Pursuant to Chapter 19, Article 10 of the Reissue Revised Statutes of Nebraska, 1943, a Housing Authority is hereby created.
Such Housing Authority shall have such powers as specified by state law. (Resol. No. 899, Sec. 5)
Sec. 2-7.1 Time of Appointment of Members of Boards and Commissions and Housing Authority Commissioners.
Unless otherwise provided, members of all commissions and boards and Housing Authority Commissioners shall be appointed by the City Council at the second meeting in December of each year as the vacancies occur. Members of such boards, whose vacancies occur prior to such time shall continue in office until replaced by new appointment. (Ord. No. 1272, Sec. 1; Ord. No. 1562, Sec. 1)
The City is hereby authorized to join with any incorporated villages, cities or counties that are eligible and may wish to participate in the creation of the Mid-Nebraska Area Planning Council of Governments through the execution of an intergovernmental agreement. The Mayor of the City is hereby authorized for and on behalf of the City, as its corporate act and deed under its corporate name and seal, to execute an agreement for participation by the City in the Mid-Nebraska Area Planning Council of Governments, which agreement shall be substantially in the words and figures set forth in that certain agreement, a copy of which is attached to Ordinance No. 1280, on file in the office of the City Clerk, and made a part hereof. (Ord. No. 1280, Sec. 1)
Article II. City Officers
The City Manager shall be appointed as provided in Section 19-645, Revised Statutes of Nebraska, 1943, as may be amended. The City Clerk, City Physician and City Attorney shall be appointed by the Council at the second meeting in December of each year. (Mun. Code, Sec. 1-306; Ord. No. 1938, Sec. 1)
The term of office of each of the appointive officers shall continue, after appointment, until discharged or until a successor has been appointed and qualified. (Mun. Code, Sec. 1-306.01)
All elective and appointive officers of the City shall receive annual salaries as provided by statutes, special ordinances or resolutions. The salary of the City Attorney, City Manager and City Clerk-Treasurer shall be paid biweekly. All other appointive and elective officers shall be paid quarterly.
Beginning December 1, 2006, the annual salary of the Council shall be One Thousand Five Hundred Dollars for the president and One thousand Five Hundred Dollars for each of the other council members. (Ord. No. 2205)
The following City officers and employees shall be required to give bond in the amount shown after the name of each office. The City shall pay the premiums of the bonds so required.
City Manager--------------------------------- $ 5,000.00
City Treasurer------------------------------- $250,000.00
City Clerk------------------------------------ $ 5,000.00
All other employees shall be covered by a blanket bond or by an individual bond in an amount not less than $5,000.00, in the discretion of the City Manager. (Mun. Code, Sec. 1-308; Ord. No. 1938, Sec. 2)
The City Manager shall be selected, appointed, be invested with authority and have the duties to perform as provided in the statutes of the state, and such additional duties and responsibilities as set out in this Code. (Mun. Code, Sec. 1-301)
As provided in the statutes of the state, the Mayor and President of the Council are the same. In all official matters the designation may be either “President of the Council” or “Mayor.” (Mun. Code, Sec. 1-302)
The offices of the City Clerk and City Treasurer will hereafter be separated. The City Council shall appoint a City Clerk on or before the first day of January of each year for such term and under such conditions as the Council shall deem appropriate. Further, there is hereby created the offices of Deputy City Clerk and Deputy City Treasurer whose duties shall be to assist the City Clerk and City Treasurer and act in their absence. (Ord. No. 1938, Sec. 3)
The City Attorney shall attend Council meetings, draw ordinances, contracts, deeds, resolutions and other documents as requested by the Council; he shall prosecute misdemeanors in the police court; he shall give legal opinions to the City Council, City Manager and other City officials as may be required; he shall defend and prosecute all minor suits for the City. For such services he shall receive an annual salary as may be determined by the Council. For additional legal services, the City Attorney shall be paid a reasonable fee for the actual services rendered. (Mun. Code, Sec. 1-304)
There is hereby created a City Planning Commission, whose function and duties shall be to make and adopt plans for the physical development of the City, including any areas outside of its boundaries, which in the commission’s judgment, bear relation to the planning of such municipality. (Ord. No. 384, Sec. 1)
Sec. 2-22 Composition; Appointment, Qualifications, Compensation, Term of Office and Removal of Members; Filling Vacancies in Office.
The City Planning Commission shall consist of nine members who shall represent, insofar as it is possible, different professions or occupations in the City, who shall be appointed by the Mayor, by and with the approval of a three-fourths vote of the Council. All members of the Planning Commission shall reside within the zoning jurisdiction of the City of Lexington, provided, that not more than twenty-five percent of the members may reside outside of the corporate limits of the City of Lexington. All members of the Commission shall serve as such without compensation and shall hold no other municipal office. The term of each member shall be three years, except, that three members of the first commission to be so appointed shall serve for the term of one year, three for the term of two years and three for a term of three years. All members shall hold office until their successors are appointed. All members may, after a public hearing before the Council, be removed by the Mayor, by and with the consent of a three-fourths vote of the Council, for inefficiency, neglect of duty, of malfeasance in office, or other good and sufficient cause. Vacancies occurring otherwise than through the expiration of term shall be filled for the unexpired term by the Mayor. (Ord. No. 1685, Sec. 1)
Sec. 2-23 Officers; Meetings; Adoption of Rules; Records.
The City Planning Commission shall elect its chairman from its members and create and fill such other of its offices as it may determine. The term of the chairman shall be one year, with eligibility for re-election. The Commission shall hold at least one regular meeting in each month. It shall adopt rules for transaction of business and keep a record of its resolutions, transactions, findings and determinations, which record shall be a public record. (Ord. No. 384, Sec. 3)
The City Council may provide the funds, equipment and accommodations necessary for the Planning Commission’s work, but the expenditures of the Commission, exclusive of gifts, shall be within the amounts appropriated for the purpose by the Council, and no expenditures nor agreements for expenditures shall be valid in excess of such amounts. (Ord. No. 384, Sec. 4)
It shall be the function and duty of the Planning Commission to make and adopt
plans for the physical development of the City, including any areas outside its boundaries which in the Commission’s judgment, bear relation to the planning of such city, and including a comprehensive development plan; to prepare and adopt such implemental means as a capital improvement program, subdivision regulations, building codes and zoning ordinance in cooperation with other interested municipal departments; consult and advise with public officials and agencies, public utilities, civic organizations, educational institutions, and citizens with relation to the promulgation and implementation of the comprehensive development plan and its implemental programs; have the power to delegate authority to any such group to conduct studies and make surveys for the Commission; make preliminary reports on its findings; and hold public hearings before submitting its final reports. The City Council shall not hold its public meetings or take action on matters relating to the comprehensive development plan, capital improvements, building codes, subdivision development or zoning until it has received the recommendation of the Planning Commission, provided, that the City Council may set a reasonable time within which the recommendation is to be received. (Ord. No. 284, Sec. 5)
Article IV. Urban Renewal Authority
It is hereby found and declared that there exists in the City areas which have deteriorated and become substandard and blighted because of the unsafe, unsanitary, inadequate or overcrowded condition of the dwellings thereon; because of inadequate planning of the area, or excessive land coverage by the buildings thereon, or the lack of proper light and air and open space; or because of the defective design and arrangement of the buildings thereon, or faulty street and lot layout, or congested traffic conditions, or economically and socially undesirable land uses. It is further found that such conditions have resulted or will continue to result in making such areas economic or social liabilities harmful to the social and economic well-being of the City. (Ord. No. 1294, Sec. 1)
There is hereby created within the City the Urban Renewal Authority of the City, composed of five members, to be appointed by the Mayor. (Ord. No. 1294, Sec. 2)
The term of office of the members shall be for five years, except, that the members of the first Authority shall be appointed for one year, two years, three years, four years and five years, as designated by the Mayor in making the respective appointments. (Ord. No. 1294, Sec. 3)
Sections 18-2101 to 18-2144 of the Reissue Revised Statutes, 1943, as amended from time to time, shall, so far as applicable, be a part of this Article, and by reference are incorporated in this Section. (Ord. No. 1294, Sec. 4)
Article V. City Recreation Advisory Board
There is hereby created and established a City Recreation Advisory Board for the City of Lexington, Nebraska, which shall consist of six (6) members, who shall be appointed by the Mayor and have the approval of the City Council. Two (2) members shall be appointed from the City school board, two (2) members from the City Council, and two (2) members at large who are residents and citizens of Lexington. The City Manager and School Superintendent shall be ex-officio members. (Ord. No. 1622, Sec. 1)
The term of the six persons to be appointed by the Mayor shall be three (3) years, except, that the term of two of the members appointed to the first board shall be for only one (1) year and the term of two of the members of the first board shall be for two (2) years. In the event that a vacancy shall occur during the term of any member, his successor shall be appointed for the unexpired portion of the term. (Ord. No. 1622, Sec. 2)
The members of the Board will serve without compensation. (Ord. No. 1622, Sec. 3)
The Recreation Advisory Board shall meet in January of each year and elect one of their own members as chairman.
The Board shall adopt all necessary rules providing for regular and special meetings of the Board and for the conduct of its business. The proceedings of the Board shall be set down and preserved in record books. The records of the Board shall be open to the public as other records of the City.
A majority of the members shall be a quorum for the transaction of business. (Ord. No. 1622, Sec. 4)
(Ord. No. 1622, Sec. 5)
Article VI. City Tree Board
There is hereby created and established a City Tree Board for the City of Lexington, Nebraska, which shall consist of five members, who shall be appointed by the Mayor and have approval of the Council. A member shall be a citizen and resident of the Lexington area. (Ord. No. 1435, Sec. 1; Ord. No. 2115)
The term of the five persons to be appointed by the Mayor shall be three years, except, that the term of two of the members appointed to the first Board shall be for only one year and the term of two members of the first Board shall be for two years. In the event that a vacancy shall occur during the term of any member, his successor shall be appointed for the unexpired portion of the term. (Ord. No. 1435, Sec. 2)
The members of the Board shall serve without compensation. (Ord. No. 1435, Sec. 3)
It shall be the responsibility of the Board to study, investigate, counsel and develop a written plan for the care, preservation, trimming, planting, replanting, removal or disposition of trees and shrubs in the public ways, streets and alleys. Such plan will be presented to the City Council and upon their acceptance and approval shall constitute the official comprehensive city tree plan for the City of Lexington, Nebraska.
The Board shall review annually and update if needed, the comprehensive city tree plan. The Board shall prepare and present an annual work plan to the City Council for their acceptance and approval.
The Board, when requested by the City Council, shall consider, investigate, make findings, report and recommend upon any special matter of question coming within the scope of its duties and responsibilities. (Ord. No. 1435, Sec. 4)
The Board shall choose its own officers, make its own rules and regulations and keep a journal of its proceedings. A majority of the members shall be a quorum for the transaction of business. (Ord. No. 1435, Sec. 5)
Article VII. Police Retirement Committee
The governing body hereby establishes the Police Department Retirement Committee which shall supervise the general operation of the Police Department’s retirement system. The Retirement Committee shall consist of six (6) members of which four (4) members shall be selected by the active paid policemen. Two (2) members shall be designated by the governing body. The members who are not participants in such retirement system shall have a general knowledge of retirement plans. Members of the governing body of the municipality, active members of the Police Department, and members of the general public may serve on the Retirement Committee. The Committee members shall be appointed to four (4) year terms. Vacancies shall be filled for the remainder of the term by a person with the same representation as his or her predecessor. Members of the Retirement Committee shall receive no salary and shall not be compensated for expenses. (Ord. No. 1739, Sec. 1)
The funds of the retirement system shall be invested by the Retirement Committee. The municipality or Committee shall contract with an insurance company, trust company, or other financial institution including, but not limited to, brokerage houses, investment managers, savings and loan associations, banks, credit unions, or Farmers Home Administration or Veterans’ Administration approved lenders. Such funds shall be invested pursuant to the policies established by the Nebraska Investment Council. (Ord. No. 1739, Sec. 1)
Sec. 2-42 Retirement Committee Duties.
It shall be the duty of the Retirement Committee to:
2-43. Multi-Cultural Commission. Creation and Establishment.
There is hereby created and established a Multi-Cultural Commission for the City of Lexington, Nebraska, which shall consist of twelve members, who shall be appointed by the Mayor with approval of the Council. A member shall reside in the Lexington area. Membership shall reflect the cultural diversity of the Lexington area.
The term of the members to be appointed by the Mayor shall be three years, except, that the original term of four of the members appointed shall be for only one year, the original term of four members appointed shall be two years, and the original term of four members appointed shall be three years. In the event that a vacancy shall occur during the term of any member, his successor shall be appointed for the unexpired portion of the term. No member shall serve more than two consecutive full terms.
The members of the Commission shall serve without compensation.
The functions of the Commission shall be to:
The Board shall choose its own officers, make its own rules and regulations and keep minutes of its proceedings. A majority of the members shall be a quorum for the transaction of business.
As to building official, see Secs. 6-1, 6-2 of this Code. As to elections generally, see Ch. 7. As to
personnel regulations, see Ch. 21. As to civil service commission, see Secs. 21-1, 21-2. As to
social security, see Secs. 21-3 to 21-12. As to board of zoning adjustment, see Secs. 28-62 to 28-65.
For state law as to bonds of members of council, see R.R.S. 1943, Sec. 16-304. As to bond of city
clerk-treasurer, see R.R.S. 1943, Sec. 16-318. As to bonds of elected or appointed officers of the city,
see R.R.S. 1943, Sec. 16-219. As to form of official bonds, see R.R.S. 1943, Sec. 11-104.