04/25/2000 Ordinances 8586
I
ORDINANCE NO. 8586
An ordinance to amend Chapters 2 and 13 of the Grand Island City Code; to
amend Chapter 2 pertaining to the reorganization of city staff; to establish a Community Projects
Department within the City of Grand Island; to create the position of Community Projects
Director; to change Community Development Department to Community Development
Division; to change Downtown Development Department to Downtown Development Division;
to allow the City Administrator to designate a person from the Community Projects Department
to serve as the Community Redevelopment Authority Director; to renumber sections within
Chapter 2 of the Grand Island City Code; to amend Section 13-11 to change the supervision of
the metered parking system to the Downtown Development Director; to repeal Chapter 2 and
Section 13-111 of the Grand Island City Code as now existing, and any ordinance or parts of
I ordinances in conflict herewith; and to provide for publication and tbe effective date of this
ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. Chapter 2 of the Grand Island City Code is hereby amended to read
as follows:
CHAPTER 2
ADMINISTRATION
Article I. City Council
I
~2-1. Regular Meetings
The regular meetings of the council shall be held at 7:00 p.rn. in the council chambers of city hall, on the
second and fourth Tuesdays of each month; providing that if such meeting date shall occur on a holiday, the meeting
shall be on the next secular day following, or such other time as the council may provide. Amendments to the
schedule of city council meeting dates shall be by resolution.
Approved as to Form ... r A::;
May 1. 2000 ... city Ktt~
I
I
I
ORDINANCE NO. 8586 (Cont.)
~2-2. Special Meetings
Special meetings may be called by the mayor or any four council members, upon twenty-four hours written
notice to every member of the council; provided, that the requirement of notice shall not be binding in any special
meeting at which all members of the council are present without objection. Such notices may be served by any
member of the police department or any other person in the City, and it shall be the duty of the city clerk when given
such notices to serve the same or cause the same to be served immediately.
~2-2.1. City Council; Study Sessions
The City Council shall hold a meeting to be referred to as a "Study Session" on the first and third Tuesdays
of each month. Regular study sessions shall be held in the City Council Chambers at City Hall commencing at 7:00
p.m. Special study sessions may be called in the same manner as special meetings in 92-2. Study sessions shall be
conducted to facilitate discussion between members of the Council and shall not be subject to formal parliamentary
procedure. No motion, action, or vote of any kind shall be taken on any matter during a Study Session, except upon
a motion to recess or to adjourn.
~2-3. City Council; Quorum
A majority of the members of the city council must be present at a regular or special meeting to constitute a
quorum; but if less than such majority is present at the meeting; the majority of the council members present may
adjourn the meeting from time to time without further notice. Except in those cases where Nebraska law requires a
greater number of votes, six affirmative votes shall be required to adopt a motion, resolution, ordinance, action, or
policy. In those cases where the mayor is authorized by law to vote, the mayor's vote shall be counted as one of the
six necessary affirmative votes.
~2-4. Council; Authority; Duties
(1) The council can bind the City of Grand Island, Nebraska, by their acts only when they are duly
assembled at a regular or special meeting.
(2) The city council members are responsible to the citizens of Grand Island, but especially to their ward
constituents. All complaints from their respective wards shall be handled by council members of that ward. The
council member will listen, discuss, and arbitrate the personal problems of their constituents as they are affected by
city operations. If a solution cannot be reached, the mayor can be invited into the problem. The final decision may
ultimately go to the city council for action.
(3) The city council shall do all things necessary to comply with, and enforce the ordinances of the City of
Grand Island and the laws of the State of Nebraska relating to cities of the first class.
~2-5. Council President; Election; Term; Duties
The council shall elect one of the council members as president of the council. The term of the president
shall be one year, commencing the first regular meeting in December, and terminating upon election of a new
president at the first regular meeting in December of the following year. The president will assume the duties of the
mayor during the mayor's absence or illness. Absence will be indicated by notification by the mayor, or through the
mayor's inability to participate in a council meeting or city function. Illness shall be any sickness or injury
preventing the mayor from participating in his or her daily administration or ceremonial duties.
~2-6. Mayor; Powers; Duties
The mayor shall be the principal executive officer of the City of Grand Island, and advised by the members
of the city council; shall in general supervise and control all of the business, affairs, and officers of the City of Grand
Island. The mayor shall, when present, preside at all meetings of the city council. The mayor shall have the power,
together with any other proper officer of the City of Grand Island, upon authorization by the city council, to sign
certificates, deeds, mortgages, bonds, contracts, or other documents except in cases where the signing and execution
thereof shall be expressly delegated by the city council to other officers or agents of Grand Island, or shall be
required by law to be otherwise signed or executed, and in general shall perform all duties incident to the mayor's
office and such other duties as may be prescribed by the city council from time to time.
The mayor shall have the right to vote when his or her vote shall be decisive upon any pending matter,
legislation, or transaction. The mayor shall take care that the ordinances of the City and the provisions of the law
- 2 -
Approved as to Form T C-(fC
May 1, 2000 ... City Attorney
I
I
I
ORDINANCE NO. 8586 (Cont.)
relating to cItIes of the first class are complied with. The mayor may administer oaths, and shall sIgn the
commissions and appointInents of all officers appointed in the City.
~2-7. Mayor; Veto Powers; Passage Over Veto
The mayor shall have the power to approve or veto any ordinance passed by the city council, and to
approve or veto any order, bylaw, resolution, award of, or vote to enter into any contract, or the allowance of any
claim; provided, any ordinance, order, bylaw, resolution, award, or vote to enter into any contract, or the allowance
of any claim vetoed by the mayor may be passed over such veto by a vote of two-thirds of all the members elected to
the council, notwithstanding such veto. If the mayor neglects or refuses to sign any ordinance, order, bylaw,
resolution, award, or vote to enter into any contract, or the allowance of any claim, and returns the same with
objections in writing to the next regular meeting of the council, the same shall become a law without the mayor's
signamre. The mayor may veto any item or items of any appropriation bill, and approve the remainder thereof. An
item or items so vetoed may be passed by the council over the veto as in other cases. If the veto is used by the
mayor, the issue will be carried over to the following regular meeting.
~2-8. Mayor; Additional Powers; Duties
In addition to the foregoing powers and duties, the mayor shall:
(1) Appoint and remove, with approval of the city council, all departInent heads; appoint, remove,
correct, or discipline all subordinate employees in the departInents in both the classified and unclassified
service, which appointInents shall be upon merit and fitness alone, and in the classified service all
appointments and removals shall be subject to civil service requirements.
(2) Appoint all members of advisory boards, commissions, and committees established by
ordinance or action of the council, subject to council approval.
~2-9. Repealed by Ord. 7792, 6-8-92
~2-10. Agenda For Meetings
All matters for consideration at any regular meeting or smdy session of the city council shall be submitted
in writing and filed in the office of the city clerk pursuant to the timetable established by administrative policy
which shall be published at least once yearly and posted continuously at City Hall and Edith Abbott Memorial
Library. All matters for consideration at any special meeting of the city council shall be submitted in writing and
filed in the office of the city clerk at least twenty-four hours prior to the time set for such special meeting. The city
clerk shall place upon the agenda of any regular, special, or smdy session meeting only those matters which have
been directed by the councilor authorized by the mayor, a council member, the city administrator, or city clerk.
~2-11. Repealed by Ord. 7792, 6-8-92
~2-12. Council Committees
Committees of the council may be created by the mayor and council to advise the council in regard to
special issues. Each committee will consist of not more than five council members, appointed by the mayor and
confirmed by the council. The committees may also consist of other members, including staff, who shall serve only
as non-voting members. The manner of appointInent shall be the same. The chairman of the committee will be a
council member. Council committees shall conduct their meetings in compliance with the open meetings law, shall
maintain minutes of all meetings, and shall submit their minutes, findings, and recommendations to the city council
in writing in a timely manner. Appointments to council committees shall be for a term of one year unless ended
sooner by dissolution of the committee. The committee may be dissolved by any of the following actions:
(1) Majority vote of the committee to dissolve;
(2) Resolution of the special issue assigned;
(3) Majority vote of the city council; or
(4) Expiration of one year from date of creation unless reappointed.
~2-13. Mayor's Committees
Mayor's committees may be appointed by the mayor without council approval to advise the mayor in regard
to special issues. Mayor's committees are not normally subject to the open meetings law and will conduct their
- 3 -
Approved as to Form T L...(fZT
May 1. 2000 .... City Attorney
I
I
I
ORDINANCE NO. 8586 (Cont.)
meetings in accordance with the mayor's instruction. Findings and recommendations of mayor's committees shall be
submitted to the mayor and shall be considered as advising the mayor only and not the council.
~2-13.1 Boards and Commissions
The city council may establish citizen advisory boards and commissions of either a permanent or temporary
nature to study and/or make recommendations on designated issues. Certain powers may be delegated to boards and
commissions as provided for by statute. Boards and commissions of a permanent nature shall be established by
ordinance. The structure and appointments of the boards and commissions shall be in accordance with other
provisions contained herein.
~2-14. Rules of Order
Robert's Rules of Order shall guide the proceedings of the council where applicable and where not in
conflict with statutes or ordinances.
~2-15. Disturbing Meetings
It shall be unlawful to disturb or disrupt any regular, special, or study session meeting of the council. Any
person or persons who repeatedly disturb or disrupt a meeting of the council may be summarily ejected from the
council chambers and the city hall.
~2-16. Power to Compel Witnesses
The council shall have power to compel the attendance of witnesses for the investigation of any other office
for misconduct in office.
~2-17. Reserved
~2-18. Reserved
~2-19. Reserved
~2-20. Reserved
Article II. City Officers Generally
Division 1. General
~2-21. Officers; Appointive
Pursuant to Neb. Rev. Stat. ~ 16-217, the following shall constitute the appointive officers of the City of
Grand Island:
City Administrator
Chief of Police
Chief of the Fire Department
City Attorney
Public Works Director
Director of Utility Operations
Community Projects Director
City Treasurer / Finance Director
Personnel Director
City Clerk
Parks and Recreation Director
Building Inspections Director
Library Director
- 4-
Approved as to Form ... C-d1::'
May 1. 2000 ... City Attorney
I
I
I
ORDINANCE NO. 8586 (Cont.)
Directors of Departments created by Interlocal Agreements are as follows:
Emergency Management Director
Health Director
Planning Director
~2-22. Removal of Officers for Misconduct
Any officer of the city specified in 916-217 of the Reissue Revised Statutes of Nebraska, 1943, may be
removed from office for misconduct by the mayor and council in the following manner:
Upon the filing of written charges signed and verified, charging any such officer with misconduct, the
council shall by resolution set a time for hearing not less than five days nor more than ten days subsequent to the
passage of such resolution for a hearing on such charge. At such hearing, the officer whose conduct shall have been
called into question shall have the right to be present to interrogate witnesses, to be represented by counsel, and
either in person or by counsel make a statement or argument to the council. The city attorney shall act as prosecuting
attorney and shall have the right to examine or cross examine each witness presented and to make any statement or
argument to the council. If upon such hearing, the council shall by a three-fourths vote of all the council members,
find or determine that the officer in question has been guilty of misconduct rendering him or her an unfit person to
hold such office, then the city council may declare such office vacant and such office shall then be vacant forthwith.
~2-23. Procedure Not Exclusive
The procedure set forth in 92-18 shall not be exclusive but shall be cumulative and in addition to any other
method of removal of any officer, allowed under the provisions of this Code, other ordinances of the City, or the
laws of the state.
~2-24. Filling Vacancies of Elective Officers
The mayor and council shall fill by appointment any vacancy which may exist, caused by death, resignation
or disability of any elective officer of the City. Such appointment of the mayor shall be subject, however, to
approval of the council.
~2-25. Personnel Rules; Method of Adoption
The city council may by motion or resolution adopt appropriate personnel rules, and amend such rules in
the same manner from time to time.
~2-26. City Council Members; Compensation
The annual compensation for members of the city council shall be $5,000 per year, payable monthly in
equal installments as required by law.
~2-27. Mayor; Compensation
The annual compensation for the mayor shall be $12,000 per year, payable monthly in equal installments as
required by law.
~2-28. Mayor and Council; Benefit Plans
The mayor and members of the city council shall not be eligible to participate in the city employee health
insurance, life insurance, disability insurance, or retirement plans.
~2-29. Bonds for City Officers
Before entering upon the duties of their office or employment, the following named officers and employees
of the city are hereby required to give bonds and security as provided by law for the faithful performance of their
duties, which bonds shall be approved by the city council and shall be given for the following sums:
- 5 -
.. /"41'-
Approved as to Form . ~
May 1, 2000 '" City Attorney
I
I
I
ORDINANCE NO. 8586 (Cont.)
Mayor
City Treasurer
Deputy City Treasurer
City Clerk
City Council Member
City Administrator
$ 20,000
$100,000
$ 50,000
$ 10,000
$ 1,000
$ 20,000
Division 2. City Administrator
~2-30. Administrator; Appointment; Duties
There is hereby created and established the office of city administrator, to be appointed by the mayor, with
the approval of the city council; provided, no elective officer of the City of Grand Island shall hold the position of
city administrator. The administrator shall hold office until the end of the mayor's term of office, and until a
successor is appointed and qualified, unless sooner removed, or the ordinance creating the office shall be repealed,
except as otherwise provided by law.
The purpose of the office of city administrator is to provide for the day-to-day administration of the City of
Grand Island, Nebraska. The city administrator will remain under the direction of the mayor and be responsible
thereto for the efficient conduct of the office.
The city administrator shall not participate in a local election that affects the office of mayor or city
council, or any other elective municipal position or issue, except for the casting of an individual ballot.
The mayor and council specifically reserves the right to make inquiries of any personnel relative to
municipal activities. Except for purpose of inquiry, the city council shall deal with the administrative services of the
City through the administrator, and neither the council nor its members shall give orders directly to any subordinate
of the city administrator. The city administrator will keep the mayor informed and seek input on any action he or she
takes or will take.
The salary of the city administrator shall be established by ordinance.
~2-31. Administrator; Qualifications
The city administrator shall be chosen on the basis of executive and administrative qualifications with
special reference to actual experience, or knowledge of accepted practice in respect to the duties of the office. At the
time of appointment, the city administrator need not be a resident of Grand Island, Nebraska, but during the term of
office he or she shall reside within the two mile zoning area jurisdiction of the city.
~2-32. Administrator; Duties; General
The duties of the city administrator are as follows:
(1) To attend all meetings of the city council and its committees unless excused, with the duty ofreporting
on any matter concerning the City under his or her direction; and to attend such other meetings of departments
and officials as the duties of the office may require, or as may be directed by the mayor or council.
(2) To make investigation into all affairs of the City and to make recommendations to the mayor and
council for the adoption of such measures and ordinances as are deemed necessary or expedient for the good
government of the City.
(3) To analyze the functions, duties, and activities of the various departments, divisions, and services of the
City, and of all employees thereof, and to make recommendations regarding the same to the mayor and council;
and to faithfully carry out the directives and recommendations of the mayor and council in coordinating the
administrative functions and operations of the various departments, divisions, and services.
(4) To keep the mayor and council fully advised as to the financial condition of the City and its needs. The
city administrator shall be responsible for the preparation of the annual estimates of revenues and expenditures
of the proposed budget for the presentation of a complete financial plan for the City to the mayor and council
prior to the consideration and adoption of the annual appropriation ordinance by the governing body. With the
adoption of the budget and the passage of the appropriations ordinance by the governing body, the city
administrator shall be responsible for the supervision and control of the budgeted expenditures.
(5) To prepare and submit to the mayor and council as of the end of the fiscal year a complete report on the
finances and administrative activities of the City for the preceding year.
- 6 -
Approved as to Form T C~
May 1. 2000 ... City Jl:ttorney
I
I
I
ORDINANCE NO. 8586 (Cont.)
(6) To recommend to the mayor the appointment, discipline, and transfer and dismissal of all City
personnel.
(7) To investigate or have investigated all complaints filed against an employee, department, division, or
service of the City, and to report such investigation with recommendation to the mayor and council.
(8) To perform all other duties and exercise such other power as may be required by ordinance, or
prescribed by resolution of the mayor and council.
Division 3. City Clerk
~2-33. City Clerk; Duties; Compensation
There is hereby created the office and position of city clerk. The city clerk shall be appointed by the mayor
with approval of a majority of the city council. The city clerk shall perform all duties and meet all requirements
imposed by law upon the position or office of city clerk and such other duties and requirements as may be lawfully
required. The salary of the city clerk shall be fixed by ordinance.
Division 4. City Treasurer
~2-34. Finance Department
There is hereby created a department of the City which shall be known as the Finance Department, which
shall be responsible for the performance of the financial management and accounting functions of city government,
including those of all departments and divisions thereof. The Department shall be responsible for developing,
instituting, and maintaining all of the financial and accounting systems associated with the operation of city
government including general ledger accounting; financial statements and reporting; cash management and
investments; accounts payable and receivable; utilities billing and collection; payroll; and auditing. All personnel
assigned to these functions shall come under the auspices of the Department and the direction of the finance director.
There is hereby created the office and position of City Treasurer/Director of Finance. The hereafter referred
to "Finance Director" shall be appointed by the mayor, with the approval of a majority of the city council. The
Director shall perform all duties and meet all requirements imposed by law upon the position or office and such
other duties as directed. The Director shall assist the city administrator in the preparation of the annual budget. The
salary of the position shall be fixed by ordinance.
Division 5. City Attorney
~2-35. City Attorney; Appointment
The office of city attorney is hereby created, which office shall constitute a full-time obligation upon the
individual so appointed. The office shall be filled by appointment by the mayor and with consent of the city council.
~2-36. City Attorney; Compensation
The salary of the city attorney shall be fixed by ordinance. The mayor and council shall have the right to
pay the city attorney additional compensation for legal services performed, or to employ additional legal assistants
and to pay for such legal assistants out of the funds of the City.
~2-37. City Attorney; Duties
The city attorney shall be the legal advisor of the council and city officers. The city attorney shall
commence, prosecute, and defend all suits and actions necessary to be commenced, prosecuted, or defended on
behalf of the City, or that may be ordered by the council. The city attorney shall attend meetings of the council and
give an opinion upon any matters submitted by the council, either orally or in writing, as may be required.
- 7 -
Approved as to Form T CI(jt5
May 1. 2000 .it. City Attorney
I
I
I
ORDINANCE NO. 8586 (Cont.)
Division 6. Community Projects Director
~2-38. Community Projects Department
There is hereby created a department of the City which shall be known as the Community Projects
Department which shall perform the economic development, community development, downtown and business
improvement functions of city government. The department shall be responsible for general administration and
management of community projects and special projects as assigned by the City Administrator, Mayor and City
Council. Within the department shall be included the Downtown Development Division and Community
Development Division. All personnel within the department and its divisions shall be under the supervision and
direction of the Community Projects Director.
There is hereby created the office of Community Projects Director to be appointed and removed in the
manner applicable to City department heads generally and the Personnel Rules.
~2-39. Reserved
~2-40. Reserved
~2-41. Reserved
~2-42. Reserved
~2-43. Reserved
~2-44. Reserved
~2-45. Reserved
Article III. Planning Commission
~2-46. Planning Commission; Created; Duties
Authority is hereby conferred upon the city council to enter into an interlocal cooperation agreement to
create a regional planning commission in joint agreement with the County of Hall and any villages within the
County of Hall which may wish to participate; said regional planning commission to have the full authority and
responsibility of a city planning commission for the City of Grand Island, Nebraska, as provided for and authorized
by state statutes.
~2-47. Composition; Appointment of Member
The joint planning commission shall include four members who reside in the City of Grand Island and who
shall represent, insofar as possible, different professions or occupations in the City, and who shall be appointed by
the mayor by and with the approval of a three-fourths vote of the city council.
~2-48. Term of Members
The term of each appointed city member of the regional planning commission shall be three years, except
that one city member of the first regional commission appointed shall serve for a term of one year, one for a term of
two years, and two for a term of three years. No member shall be appointed for more than two successive terms.
~2-49. Members; Compensation; Other Office
All city members of the regional planning commission shall serve as such without compensation and shall
hold no other municipal office.
~2-50. Removal of Members; Vacancies
Any city member of the regional commission may, after a public hearing before the city council, be
removed by the mayor by and with the consent of a three-fourths vote of the Council, for inefficiency, neglect of
duty, 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, by and with the approval of a majority vote of
all the members elected to the council.
- 8 -
Approved as to Form T C-f/t
May 1, 2000 ... City Attorney
I
I
I
ORDINANCE NO. 8586 (Cant.)
~2-51. Powers and Duties Generally
It shall be the function and duty of the regional planning commission to perform those duties as required by
state law of city planning commissions or as customary for planning commissions generally in the same manner as if
a city planning commission were appointed and acting pursuant to law.
~2-52. Operating Funds; Expenditures
The city council may provide fifty percent of the funds, equipment, and accommodations necessary for the
work of the regional planning commission, said fifty percent, exclusive of gifts, shall be within the amounts
appropriated for that purpose by the city council, and no expenditures nor agreements for expenditures shall receive
city participation in excess of such amounts appropriated.
~2-53. Reserved
~2-54. Reserved
~2-55. Reserved
~2-56. Reserved
Article IV. Community Development Division
~2-57. Community Development; Purpose
The purpose of this article is to set forth the manner in which the City shall exercise all the power and
authority to engage in community development activities granted to the City under the statutes of this state,
including but not limited to, the Community Development Law set forth in Neb. Rev. Stat. 918-2101, et. seq.
Pursuant to 918-2101.01 of that Act, the City hereby assumes all the power and authority granted to an urban
renewal authority under said Act.
~2-58. Community Development Division
There is hereby created a division of the Community Projects Department to be known as the Community
Development Division, which shall be responsible for the performance of all administrative tasks involved in the
implementation of the City's community development projects, programs, policies, and procedures adopted under
the provisions of this article.
~2-59. Director; Appointment
There is hereby created the position of director of the Community Development Division.
~2-60. Director; Duties
The director of the Community Development Division shall be responsible for performing the professional
work involved in carrying out the purposes of this article, for directing the work of the Community Development
Division, and for coordinating all the City's community development programs and projects under the direction and
supervision of the Community Projects Director.
~2-61. Advisory Committee
There is hereby created a Community Development Advisory Committee consisting of seven members. Six
of the members shall be representatives of the citizens of Grand Island, and the seventh member shall be a member
of the Grand Island City Council. All members shall serve without compensation. The initially appointed citizen
representatives shall consist of two appointed for a three-year term, two appointed for a two-year term, and two
appointed for a one-year term. Thereafter, all appointments, other than vacancies, shall be for terms of three years.
Appointments to fill vacancies shall be for the remainder of the term of the vacated position.
All members shall be appointed by the mayor and confirmed by the city council. Members may be removed
without cause by the mayor with the consent of the city council. The advisory committee shall establish such rules
and procedures as are necessary to carry out its duties. The Community Development Advisory Committee shall
have the following duties:
(1) Monitor and investigate all existing and potential Community Development programs and projects.
- 9 -
Approved as to Form T
May 1, 2000 .to. City Attorney
I
I
I
ORDINANCE NO. 8586 (Cont.)
(2) Make recommendations on all existing and potential Community Development programs and projects,
procedures, and all other aspects of the City's community development program.
~2-62. Reserved
~2-63. Reserved
~2-64. Reserved
~2-65. Reserved
Article V. Downtown Development Division
~2-66. Downtown Development; Purpose
The purpose of this article is to set forth the manner in which the city shall administer the off-street parking
and business improvement district activities granted to the city under the statutes of this state, including but not
limited to the Off-Street Parking District Act, Neb. Rev. Stat. S 19-3301, et seq., and Business Improvement District
Act, Neb. Rev. Stat. S19-4015, et. seq.
~2-67. Downtown Development Division; Creation
There is hereby created a division of the Community Projects Department to be known as the Downtown
Development Division, which shall be responsible for the performance of all administrative tasks involved in the
implementation of the City's business improvement districts, off-street parking districts, and associated downtown
development projects, policies and programs.
~2-68. Director; Appointment
There is hereby created the position of director of the Downtown Development Division.
~2-69. Director; Duties
The director of the Downtown Development Division shall be responsible for performing the professional
work involved in carrying out the purposes of this article, for directing the work of the Downtown Development
Division, and for coordinating the City's downtown business improvement districts, off-street parking districts, and
associated downtown development projects, policies and programs under the direction and supervision of the
Community Projects Director.
~2-70. Director; Boards
The Downtown Development Director shall serve as ex-officio secretary to all business improvement
boards within the downtown area and shall perform such duties as may be assigned by said boards including but not
limited to necessary administrative functions as are required by law; provided boards of other business improvement
districts and off-street parking districts within the city may contract with the city for services of the director.
~2-71. Reserved
~2-72. Reserved
~2-73. Reserved
~2-74. Reserved
~2-75. Reserved
Article V. Retirement
Division 1. Federal Insurance System
~2-76. Acceptance; Terms; Construction
The city accepts for itself and on behalf of its officials, appointees, and employees, except such as are
excluded by the provisions of this division, their dependents and survivors, the provisions, benefits and protection of
the Federal Old Age and Survivors' Insurance System, designated in this division as the "system," established by the
Social Security Act. The term "employee" as used in this division shall mean an employee as defined by the Social
Security Act and shall include both officers and appointees of the City.
- 10 -
Approved as to Form
May 1, 2000
I
I
I
ORDINANCE NO. 8586 (Cont.)
~2-77. Contracts; Authorization
The mayor is hereby authorized and directed to enter into such contracts and make such agreements and
stipulations with the administrator of the system in and for the state, or such other state agency for the purpose that
may hereafter be designated or created, as may be deemed necessary or expedient by the administrator, or other state
agency authorized in the premises, as the case may be, or as required by general law, state or federal, or any
applicable regulations of the state or federal agency, to extend the benefits and protection of such system to the
eligible employees of the city, their dependents and survivors, Such contracts, agreements, or stipulations shall be
executed in duplicate by the mayor, attested by the signature of the city clerk, with the seal of the city attached
thereto, one copy thereof to be filed with and become a part of the permanent records of the City.
~2-78. Employees Included In System
The employees or classes of employees of the City shall include all such employees as are not excluded
from participation in the system by the provisions of the following section and such employees are hereby
determined to be within and entitled to the benefits and protection of the system.
~2-79. Employees Excluded From System
The following employees are hereby determined to be excluded by the terms of this division from
participation in said system: Any employee with respect to any position not authorized for coverage by applicable
state or federal laws or regulations of the Federal Administrative Agency.
~2-80. With holdings From Salaries Authorized
W ithholdings from the compensation of eligible employees of this City as found and determined by the two
preceding sections are hereby authorized, and the City shall impose upon such employees as to services covered by
this division, such withholdings to be made in amounts and at such times as may be required by general law, state or
federal, and applicable regulations promulgated with respect thereto by state or federal administrative agencies.
~2-81. Social Security Fund; Payments To
There is hereby created and the city treasurer is hereby authorized and directed to set up an account to be
known as the "Social Security Fund," into which the withholdings authorized by the preceding section shall be paid;
also the proceeds from payments made by the city, together with any appropriations from available funds that might
be made from time to time by municipal authority for the benefit of such fund. The fund shall be kept segregated
and shall be used for no other purpose than the provisions and obligations of this division as provided to be
accomplished by such fund.
~2-82. Payments from Fund to Administrator
The moneys in the social security fund created by the preceding section shall be paid over to the tax
commissioner designated by law as the administrator of the Social Security Act for the state as authorized and
provided by regulations promulgated to that end by such administrator.
~2-83. City Records and Reports
The city treasurer shall keep such records and make such reports relevant to the administration of the Social
Security Act as may be required by general law, state or federal, or as provided by regulations promulgated by either
the state or federal administrator of the system.
~2-84. Authorization of Certain Payments
The city council shall authorize such payments as are required from the appropriate funds of the city in
order to defray the cost to the city in meeting the obligations arising by reason of the contracts, agreements, or
stipulations authorized under this article.
- 11 -
Approved as to Form T ~
May 1, 2000 ... City Attorney
I
I
I
ORDINANCE NO. 8586 (Cont.)
Division 2. Retirement and Pension Plans
~2-85. Ratification of Existing Plans
The City has established:
(1) A Police Officers Retirement System Fund and retirement plan pursuant to Neb. R.R.S. 916-1001 et
seq;
(2) A Fire Fighters Retirement System Fund and retirement plan pursuant to Neb. R.R.S. 916-1020 et seq;
(3) A general employee pension fund and pension plan pursuant to Neb. R.R.S. S 19-3501.
Said funds and plans are hereby ratified and confirmed.
~2-86. Reserved
~2-87. Reserved
~2-88. Reserved
~2-89. Reserved
~2-90. Reserved
Article VI. Emergency Interim Successors
~2-91. Emergency Succession; Declaration
In accordance with the terms and conditions of the state General Emergency Succession Act, hereinafter
referred to as "such act," the mayor and council declare that it is necessary to invoke the provisions of such act in the
City.
~2-92. Officers To Appoint Successors
(1) As provided in such act, the following officers of the City shall appoint emergency interim
successors (alternates) to the powers and duties of their respective offices:
(A) Each member of the city council
(B) City Administrator
(C) Chief of Police
(D) Chief of Fire Department
(E) City Attorney
(F) Public Works Director
(G) Director of Utility Operations
(H) City Treasurer
(I) City Clerk
(J) Communications/Civil Defense Dir.
(K) Parks and Recreation Director
(L) Chief Building Official
(2) The provisions of Subsection 1 of this section are not exclusive, however, and shall not be
construed in such a manner as to prohibit the appointment of alternates by any other duly elected or appointed
officers of this City, including but not limited to the head of any department or section or the members of any board
or other agency of the municipal government, or as to excuse the failure on the part of any such officer to make such
appointments, when clearly required by such act.
~2-93. Reserved
~2-94. Reserved
~2-95. Reserved
- 12 -
Approved as to Form T
May 1, 2000 .... City Attorney
I
I
I
ORDINANCE NO. 8586 (Cont.)
Article VII. Indemnification of Officers and Employees
~2-96. Definitions
Officer shall include any elected or appointed official ofthe city;
Emplovee shall include all employees of the city, whether under civil service or not.
~2-97. Representation; City Attorney
Among the duties of the city attorney shall be that of representing as counsel, without charge to the persons
represented, any city officer or employee in connection with any claim, suit for damages, or other action against
such person arising in connection with the performance by such officer or employee of his or her public duties;
provided that such employee or officer may have his or her own counsel to assist in the defense, at the expense of
the employee or officer.
~2-98. Indemnification; Good Faith
Any officer or employee who is held liable for the payment of any claims or damages, by way of judgment
or settlement, shall be entitled to indemnification by the city, where the acts resulting in such liability were done in
good faith, without malice, within the scope of authority of the employee or officer.
~2-99. Governmental Immunity
Nothing in this Article shall be construed as waiving the city's defense of governmental immunity to it or
its employees or officers in any action brought against the city or such officer or employee.
~2-100. Notice
The provisions of this Article shall apply only where the city has been given notice of any actions brought
against any city employee or officer, based upon any action of such employee or officer within the scope of his or
her authority as such.
~2-101. Representation; Conflict of Interest
Nothing in this Article or in any ordinance of the city, and nothing in any agreement with the city attorney
shall be construed to require the city attorney to provide legal services in any manner which would cause the
attorney to be involved in a conflict of interest.
~2-102. Reserved
~2-103. Reserved
~2-104. Reserved
~2-105. Reserved
Article VIII. Reserved
~2-106. Reserved
~2-107. Reserved
~2-108. Reserved
~2-109. Reserved
~2-1l0. Reserved
~2-1l1. Reserved
~2-1l2. Reserved
- 13 -
Approved as to Form ... t:J('lS'
May 1, 2000 ... City Attorney
I
I
I
ORDINANCE NO. 8586 (Cont.)
Article IX. Grand Isle Heritage Zoo
~2-1l3. Ownership
Upon request of the Grand Island Area Zoological Society accompanied by receipt of proper documents of
conveyance, the City of Grand Island shall accept ownership from said Society of all animals, exhibits, and property
used in operation of the Grand Island Heritage Zoo; provided, said conveyance shall be free and clear of any and all
debts, liens, and contingent liabilities.
~2-1l4. Purpose
Upon receipt of conveyance as provided in 92-67, the City of Grand Island will own, maintain, and operate
the Grand Isle Heritage Zoo for public recreational and educational purposes and to preserve, display, and provide
instruction in animals, plants, and other objects of natural or scientific curiosity for such term and in such manner as
shall from time to time be established by the City.
~2-115. Management and Operation
The City may enter into an exclusive license agreement with a qualified person or organization for such
time and upon such terms and conditions as it may find in its best interests for the management and operation of said
Heritage Zoo.
~2-1l6. Reserved
~2-1l7. Reserved
~2-1l8. Reserved
~2-1l9. Reserved
~2-120. Reserved
Article X. Community Redevelopment Authority
~2-121. Community Redevelopment Authority; Creation
There is hereby created the Community Redevelopment Authority of the City of Grand Island, Nebraska,
pursuant to the provisions of Neb. Rev. Stat. 918-2102.01 (Reissue of 1991).
~2-122. Officer
Five persons, all of whom shall be residents of the City of Grand Island, shall constitute the Authority. The
five members shall be appointed by the Mayor, with the approval of the City Council. The Mayor shall designate the
term of office for each member as provided in Neb. Rev. Stat. 918-2102.01 (Reissue of 1991). The Authority shall
select one of its members as chairperson and another as vice-chairperson. A total of four members of the Authority
shall constitute a quorum for the transaction of business. The Authority shall adopt rules for the transaction of
business and shall keep a record of its resolutions, transactions, findings and recommendations, which records shall
be made available for public inspection during regular business hours.
~2-123. Director
The City Administrator shall designate a person from the Community Projects Department to serve as the
Director and Ex Officio Secretary of the Community Redevelopment Authority, and that person shall perform such
duties as may be assigned by the Authority, including the necessary administrative functions described in Neb. Rev.
Stat. 918-2102.01 (Reissue of 1991).
~2-124. Funds
All income, revenue, profits, and other funds received by the Authority shall be deposited with the
Treasurer of the City of Grand Island, as Ex Officio Treasurer of such Authority without commingling such money
with any other money under the Treasurer's control. The money of the Authority shall be disbursed by the Treasurer
by check or draft only upon warrants, orders, or requisitions, specifying the purpose thereof, duly executed by the
- 14 -
Approved as to Form T ce.
May 1, 2000 . City Attorney
I
I
I
ORDINANCE NO. 8586 (Cont.)
Chairperson of the Authority, or such other person as may be duly authorized and designated by the Authority of
any such activity.
SECTION 2. Section 13-11 of the Grand Island City Code is hereby amended to
read as follows:
~13-11. Metered Parking System
The mayor is hereby authorized and directed to establish a system of parking meters as herein defined, and
to take all actions necessary or appropriate for the acquisition, establishment, erection, maintenance, and operation
of such system. The metered parking system shall be operated under the supervision of the Downtown Development
Director.
SECTION 3. Chapter 2 and Section 13-111 of the Grand Island City Code as
now existing, and any ordinances or parts of ordinances in conflict herewith be, and hereby are,
repealed.
SECTION 4. That this ordinance shall be in force and take effect from and after
its passage and publication, within fifteen days in one issue of the Grand Island Independent as
provided by law.
Enacted: April 25, 2000.
Attest:
ci~.chs~~
- 15 -
Approved as to Form T C1(l::,
May 1, 2000 '" City Attorney