Chapter 2


COMMISSIONS AND BOARDS


Article 1. Commissions and Boards


§2-101               PLANNING COMMISSION.

             1.          The planning commission shall consist of five regular members who shall represent, insofar as is possible, the different professions or occupations in the municipality and shall be appointed by the mayor, by and with the approval of a majority vote of the members elected to the council. Two of the regular members may be residents of the area over which the municipality is authorized to exercise extraterritorial zoning and subdivision regulation. When there is a sufficient number of residents in the area over which the municipality exercises extraterritorial zoning and subdivision regulation, one regular member of the commission shall be a resident from such area. If it is determined by the city council that a sufficient number of residents reside in the area subject to extraterritorial zoning or subdivision regulation, and no such resident is a regular member of the commission, the first available vacancy on the commission shall be filled by the appointment of such an individual. For purposes of this section, a sufficient number o residents shall mean five hundred residents. A number of commissioners equal to a majority of the number of regular members appointed to the commission shall constitute a a quorum for the transaction of any business. All regular members of the commission shall serve without compensation and shall hold no other municipal office except when appointed to serve on the board of adjustment as provided in section 19-908 of the Nebraska Revised Statutes. The term of each regular member shall be three years, except that approximately one-third of the regular members of the first commission shall serve for terms of one year, one-third for terms of two years, and on-third for terms of three years. All regular members shall hold office until their successors are appointed. Any member may, after a public hearing before the council, be removed by the mayor with the consent of a majority vote of the members selected to the council for inefficiency, neglect of duty or malfeasance in office, or other good and sufficient cause. Vacancies occurring otherwise than through the expiration of term shall be filed for the unexpired portion of the term by the mayor.

             2.          One alternate member shall be appointed to the planning commission who shall be chosen by the mayor with the approval of a majority vote of the elected members of the council. The alternate member shall serve without compensation and shall hld no other municipal office. The term of the alternate member shall be three years, and he or she shall hold office until his or her successor is appointed and approved. The alternate member may be removed from office in the same manner as a regular member. If the alternate member position becomes vacant other than through the expiration of the term, the vacancy shall be filled for the unexpired portion of the term by the mayor with the approval of a majority vote of the elected members of the council.

             3.          The commission shall elect its chairperson from its members and create and fill such other of its offices as it may determine. The term of the chairperson shall be one year, and he or she shall be eligible for reelection. The commission shall hold at least one regular meeting in each calendar quarter, except the municipal governing body may require the commission to meet more frequently and the chairperson of the commission may call for a meeting when necessary t deal with business pending before the commission. The commission shall adopt rules an regulations for the transaction of business and shall keep a record of its resolutions, transactions, findings, and determinations, which shall be a public record.

             4.          The council may provide the funds, equipment and accommodations necessary for the work of the commission, but the expenditures of the commission exclusive of gifts, shall be within the amounts appropriated for that purpose by the council; and no expenditures nor agreements for expenditures shall be in excess of such amounts.

             5.          Except as provided in sections 19-930 to 19-933 of the Nebraska Revised Statutes, the planning commission shall (a) make and adopt plans for the physical development of the municipality including any areas outside its boundaries which in the commission’s judgement bear relation to the planning of such municipality and including a comprehensive development plan as defined by section 190903, (b) prepare and adopt such implemental means as a capital improvement program, subdivision regulations, building codes, and zoning ordinance in cooperation with other officials and agencies, public utilities, civic organizations, education institutions, and citizens with relation to the promulgation and implementation of the comprehensive development plan and its implemental programs. The commission may 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 take final action on matters relating to the comprehensive development plan, capital improvements, building codes, subdivision development, the annexation of territory, or zoning until it has received the recommendation of the planning commission. The planning commission shall provide its recommendation to the council within twenty days of the date of its review of any matter.

 

             6.          The commission may, with the consent of the city council, in its own name (a) make and enter into contracts with public or private bodies, (b) receive contributions, bequests, gifts, or grant funds from public or private sources, © expend the funds appropriated to it by the municipality, (d) employ agents and employees, and (e) acquire, hold, and dispose of property.

 

The commission may on its own authority make arrangements consistent with its program, conduct or sponsor special studies or planning work for any public body or appropriate agency, receive grants, remuneration, or reimbursement for such studies or work, and at its public hearings, summon witnesses, administer oaths and compel the giving of testimony. (City Ordinance #379)


§2-102               BOARD OF ADJUSTMENT: ZONING; MEMBERSHIP, TERMS AND MEETINGS.

             1.          The Governing Body shall appoint the Board of Adjustment which shall consist of five (5) regular members plus one (1) additional member designated as an alternate who shall attend and serve only when one of the regular members is unable to attend for any reason, each to be appointed for a term of three (3) years and removable for cause by the appointing authority upon written charges and after public hearings. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. One member only of the board of adjustment shall be appointed from the membership of the planning commission, and the loss of membership on the planning commission by such member shall also result in his or her immediate loss of membership on the board of adjustment and the appointment of another planning commissioner to the board of adjustment. The first vacancy occurring on the board of adjustment shall be filled by the appointment of a person who resides in the extraterritorial zoning jurisdiction of the City at such time as more than two hundred person reside within such area. Thereafter, at all times, at least one member of the board of adjustment shall reside outside the corporate boundaries of the City but within its extraterritorial zoning jurisdiction.

             2.          The board of adjustment shall adopt rules in accordance with the provisions of any ordinance adopted pursuant to sections 19-901 to 19-914 of the Nebraska Revised Statutes. Meetings of the board shall be held at the call of the chairperson and at such other times as the board may determine. Such chairperson, or in his or her absence the acting chairperson, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public. The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board and shall be a public record. (City Ordinance #376)


§2-103               BOARD OF ADJUSTMENT: APPEALS TO BOARD; RECORD ON APPEALS; HEARING; STAYS.    Appeals to the board of adjustment may be taken by any person aggrieved or by any officer, department, board or bureau of the City affected by any decision of the administrative officer. Such appeal shall be taken by filing with the officer from whom the appeal is taken and with the board of adjustment a notice of appeal specifying the grounds for the appeal, which notice must be filed within twenty days of the date of the decision, ruling or action appealed from. The officer from whom the appeal is taken shall forthwith transmit to the board of all the papers constituting the record upon which the action appealed from was taken. An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from who the appeal is taken certifies to the board of  adjustment, after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate a stay would , in his opinion, cause imminent peril to life or property. In such case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board of adjustment or by a court of record on application on notice to the officer from who the appeal is taken and on due cause shown. The board of adjustment shall fix a reasonable time for the parties in interest, and decide the same within a reasonable time for the parties in interest, and decide the same within a reasonable time. Upon the hearing any party may appear in person or by agent or by attorney. (City Ordinance #377)


§2-104               BOARD OF ADJUSTMENT: POWERS; JURISDICTION ON APPEAL; POWER TO GRANT VARIANCES.

             1.          The board of adjustment shall have the following powers:

                          A.         To hear and decide appeals when it is alleged there is error in any order, requirement, decision, or determination made by an administrative official or agency based on or made in the enforcement of any zoning regulation or any regulation relating to the location or soundness of structures, except that the authority to hear and decide appeals shall not apply to decisions to grant or deny a conditional use permit or special exception.

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

                          C.         When by reason of exceptional narrowness, shallowness, or shape of a specific piece of property at the time of the enactment of this Chapter, or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition of such piece of property, the strict application of any enacted regulation under this Chapter would result in peculiar and exceptional practical difficulties to or exceptional and undue hardships upon the owner of such property, to authorize, upon an appeal relating to the property, a variance from such strict application so as to relieve such difficulties or hardship, if such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of any ordinance or resolution.

 

             2.          No such variance shall be authorized by the board unless it finds that:

                          A.         The strict application of the zoning regulation would produce undue hardship;

                          B.         Such hardship is not shared generally by other properties in the same zoning district and the same vicinity;

                          C.         The authorization of such variance will not be of substantial detriment to adjacent property and the character of the district will not be changed by the granting of the variance; and

                          D.         The granting of such variance is based upon reason of demonstrable and exceptional hardship as distinguished from variations for purposes of convenience, profit, or caprice.

 

             3.          No variance shall be authorized unless the board finds that the condition or situation of the property concerned or the intended use of the property is not of so general or recurring a nature as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to the zoning regulations.

 

             4.          In exercising the powers granted in this section, the board may in conformity with sections 19-901 to 19-915 of the Nebraska Revised Statutes, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from, and may make such order, requirement, decision, or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken. The concurring vote of four members of the board shall be necessary to reverse any order, requirement, decision, or determination of any such administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under any such regulation or to effect any variation in such regulation. (City Ordinance 378)


§2-105               BOARD OF HEALTH. (1) The Governing Body shall appoint a Board of Health which shall consist of five (5) members. The members of the Board shall include the Mayor, who shall serve as Chairperson, and four (4) other members. One member shall be a physician or health care provider, if one can be found who is willing to serve. Such physician or health care provider, if appointed, shall be the Board̓s medical advisor. If the City Manager has appointed a Chief of Police, the Chief of Police shall serve on the Board as Secretary and quarantine officer. The members of the Board shall serve, without compensation, a one (1) year term of office, unless reappointed, and shall reorganize at the first meeting in December of each year. No member of the Board of Health shall hold more than one (1) Board of Health position.

             (2)        The Secretary shall keep full and correct minutes and records of all meetings and file the same with the Municipal Clerk where they shall be available for public inspection during office hours. The Board of Health shall be funded by the Governing Body from time to time out of the General Fund. A majority of the Board shall constitute a quorum for the purpose of doing business. The Board shall meet at such times as the Governing Body may designate. Special meetings may be held upon the call of the Chairperson, or any three (3) members of the Board.

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


§2-106                PARK BOARD. The Mayor shall, by and with the consent of the City Council, appoint the Park Board. The Board shall consist of ten (10) members, who shall be resident freeholders in the Municipality. The members of the Board shall serve a one (1) year term of office unless reappointed. 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. The Board shall organize by selecting from their number a Chairman and Secretary. It shall be the duty of the Secretary to keep the full and correct minutes and records of all meetings, and to file the same with the Municipal Clerk where they shall be available for public inspection at any reasonable time. A majority of the Board members shall constitute a quorum for the transaction of business. The Board shall meet at such times as the Governing Body may designate. Special meetings may be held upon the call of the Chairman, or any four (4) of the Board members. It shall be the duty of the Board to take the immediate charge of all parks and recreational facilities belonging to the Municipality. The Board shall establish appropriate rules and regulations for the management, use, and operation of the same. All employees of the Municipality doing work in or for the Municipal park shall be under the supervision and direction of the Board. All actions of the Board shall be subject to the review and control of the Governing Body. The Board shall be responsible for making such reports and performing such other duties as the Governing Body may, from time to time, designate. No member of the Governing Body shall serve as a member of the Park Board while serving a term of office as a member of the Governing Body. No member of the Park Board shall serve in the capacity of both the Chairman and Secretary of the Board. (Ref 17-952 RS Neb.)


§2-107               HOUSING AUTHORITY BOARD. The Governing Body shall appoint five (5) persons who shall constitute the housing Authority and such persons shall be called the Commissioners. One (1) Commissioner shall be appointed each year. Each Commissioner shall serve a five (5) year term of office or until his successor is duly appointed; provided, that all vacancies shall be filled for the unexpired terms. The Governing Body may appoint one (1) of its members to serve as one of the five (5) members of such Housing Authority for such term as the Governing Body may determine. No person shall serve as a Commissioner unless he or she resides within the area of operation of that Housing Authority. A certificate of the appointment or reappointment of any Commissioner shall be filed with the Municipal Clerk and such certificate shall be conclusive evidence of the proper appointment of such Commissioner. A Commissioner shall receive no compensation for his services, but he shall be entitled to the necessary expenses, including travel expenses, incurred in discharge of his duties. A majority of Commissioners shall constitute a quorum

of the Authority for the purpose of conducting its business, exercising its powers, and for all other purposes. Action may be taken by the Authority upon the vote of the majority of the Commissioners present unless in any case the bylaws of the Authority shall require a larger number. The Commissioners shall elect a Chairman and vice-Chairman from among the Commissioners and shall have the power to employ an executive director who shall serve as ex officio Secretary of the Authority. The Authority may also employ legal counsel, or it may call upon the chief law officer of the Municipality, for such services as it may require. It may employ technical experts and such other officers, agents, and employees as it may require and shall determine their qualifications, duties, compensations, and terms of office. The Authority may delegate such other powers and duties to its agents or employees as it may deem proper. During his tenure, and for one (1) year thereafter, no commissioner, officer, or employee of the Municipal Housing Authority shall voluntarily acquire any interest, direct or indirect, in any project or in any property included or planned to be included in any project, or in any contract or proposed contract relating to any housing project. If any such commissioner, officer, or employee involuntarily acquires any such interest, or voluntarily or involuntarily acquired any such interest prior to appointment or employment as commissioner, officer, or employee, he shall immediately disclose his interest in writing to the Authority, and such disclosure shall be entered upon the minutes of the Authority, and he shall not participate in any action by the Authority relating to the property or contract in which he has any such interest; provided, that nothing herein shall apply to the acquisition of any interest in notes or bonds of the Authority issued in connection with any housing project, or to the execution of agreements by banking institutions for deposit or handling of funds in connection with a project or to act as trustee under any trust indenture, or to utility services, the rates for which are fixed or controlled by a governmental agency. The Mayor may remove a Commissioner for neglect of duty or misconduct in office in the manner prescribed hereinafter. The Mayor shall send a notice of removal to such Commissioner which notice shall contain a statement containing the charges against him. Unless within ten (10) days from the receipt of such notice, such Commissioner files with the Clerk a request for a hearing before the Governing Body, the Commissioner shall be deemed as removed from office. If a request for a hearing is filed with the Clerk, the Governing Body of the Municipality shall hold a hearing at which the Commissioner shall have the right to appear in person or by counsel and the Governing Body shall determine whether the removal shall be disapproved or upheld. If the removal is disapproved, the Commissioner shall continue to hold his position. The Housing Authority shall keep an accurate account of all its activities and of all its receipts and disbursements and shall make a report to the Governing Body on all such information. (Ref 71-1524 through 71-1526, 71-1552 RS Neb.)


§2-108                HENDERSON AMBULANCE DISTRICT BOARD. Pursuant to the Interlocal Cooperation Act, the City of Henderson has entered into an agreement with the Henderson Rural Fire Protection District Board creating the Henderson Ambulance District Board. The Board shall consist of the Mayor and City Council, and five (5) members of the Henderson Rural Fire Protection District Board. The Henderson Ambulance District Board shall have the control over the operation and maintenance of ambulance service to residents of the respective public agencies. (Ref 13-804 RS Neb.)


§2-109                            COMMUNITY DEVELOPMENT AGENCY. The Mayor and Council hereby find and determine that it is necessary and desirable for purposes of providing for the redevelopment and general welfare of the City that a community development agency be created pursuant to section 18-2101.01 RS Neb.

             There shall be and there is hereby ordered created in and for the City of Henderson, Nebraska, an agency to be known as the “Community Development Agency of the City of Henderson, Nebraska,” which shall consist of the Mayor and City Council as exercising the powers of such agency in accordance with section 18-2101.01 RS Neb. As provided in said section 18-2101.01, such agency shall exercise all of the powers and authority provided for in sections 18-2101 to 18-2144 and 18-2144 to 18-2153 RS Neb., as now existing as amended, and as hereafter amended.

             The agency hereby created shall function under the direction of the Mayor and City Council and shall exercise such of the powers herein described or referred to as shall be determined appropriate from time to tune by the Mayor and City Council as the governing body of such agency and as determined by resolution or ordinance duly adopted by said body from time to time. (City Ordinance 333)