2121ORDINANCE NO. 2121
COUNCIL MEMBER SCHEVE INTRODUCED THE FOLLOWING ORDINANCE:
AN ORDINANCE AMENDING VARIOUS SECTIONS OF THE MUNICIPAL CODE OF THE
CITY OF BLAIR, NEBRASKA, WHICH ARE NECESSARY DUE TO RECENT
AMENDMENTS TO STATE STATUTES; REPEALING ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH AND PROVIDING WHEN THIS ORDINANCE
SHALL BE IN FULL FORCE AND EFFECT.
BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF
BLAIR, NEBRASKA:
SECTION 1. Section 1 -310 of the Municipal Code of the City of Blair, Nebraska is hereby
amended in its entirety as follows, to wit:
Sec. 1 -310 CITY TREASURER; WARRANTS. The Treasurer shall keep a warrant register
which shall show in columns arranged for that purpose, the number, date, and amount of each
warrant presented and registered, the particular fund upon which the same is drawn, the date of
presentation, the name and address of the person in whose name the same is registered, the date of
payment, the amount of interest, and the total amount paid thereon, with the date when notice to
the person in whose name such warrant is mailed. On presentation of a warrant for payment to the
Treasurer when there are not sufficient moneys on hand to the credit of the proper fund to pay the
same, it shall be the duty of the Treasurer to enter such warrant in the wan -ant register for payment
in the order of its presentation and the Treasurer shall endorse on the warrant the words "registered
for payment" with the date of registration and shall sign such endorsement, whereupon the wan -
ant shall draw interest at the rate fixed by the Mayor and City Council, which rate shall be
endorsed on the warrant, until notice of payment shall be given the registered owner. The
Treasurer shall neither directly or indirectly contract for or purchase any City warrant at any
discount whatever upon the sum due on such warrant or order, and if the Treasurer shall so
contract for or purchase any such order or warrant, the Treasurer shall not be allowed in
settlement the amount of such order or warrant, or any part thereof, and shall also forfeit the whole
amount due on such order or warrant. (Ref. 45 -106, 77 -2202, 77 -2203 RS Neb.)
SECTION 2. Section 1 -320 of the Municipal Code of the City of Blair, Nebraska is
hereby amended in its entirety as follows, to wit:
Sec. 1 -320 OFFICIALS; VACANCIES. Vacancies in the City elector offices shall be filled by
the Mayor and Council for the unexpired term. Notice of a vacancy, except that resulting from the
death of an incumbent, shall be in writing and presented to the Council at a regular meeting and
shall appear as a part of the minutes of said meeting. The 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 public places in the city the office vacated and the length of time of the
unexpired term. The Mayor shall call a special meeting of the 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. The regular or special meeting shall occur upon the death of the incumbent or within four
weeks after the meeting at which such notice of vacancy has been presented. The Council shall
vote upon such nominee, and if a majority of the Council votes in favor of such nominee, the
vacancy shall be declared filled. If the nominee fails to receive a majority of the votes, the
nomination shall be rejected and the Mayor shall at the next regular meeting submit the name of
another qualified elector to fill the vacancy. If the subsequent nominee fails to receive a majority
of the votes, the Mayor shall continue at such meeting to submit the names of qualified electors in
nomination and the Council shall continue to vote upon said nomination until the vacancy is
filled. The Mayor shall cast his or her vote for or against the nominee in the case of a tie vote of
the Council. All Council members present shall cast a ballot for or against the nominee. Any
member of the Council who has been appointed to fill a vacancy on the Council shall have the
same rights, including voting, as if such person were elected.
The Mayor, in lieu of filling a vacancy in a City elected office may, as provided in Neb. RS
32 -568, call a special city election to fill such vacancy.
If vacancies exist in the offices of a majority of the members of Council, the Secretary of
State shall conduct a special city election to fill such vacancies.
Any appointive official may be removed at pleasure by vote of a majority of all members of
the Council. In the case of a vacancy occurring in an appointive office, the Mayor shall, at the next
regular meeting of the Council, submit the Mayor's nominee to fill said vacancy which nominee
shall be subject to approval by a majority vote of the Council. (Ref 32 -569 RS Neb.)
SECTION 3. Section 1 -404 of the Municipal Code of the City of Blair, Nebraska is
hereby amended in its entirety as follows, to wit:
Sec. 1 -404 MEETINGS; MINUTES Each public body shall keep minutes of all meetings
showing the time, place, members present and absent, and the substance of all matters discussed.
The minutes shall be public records and open to public inspection during normal business hours.
Minutes shall be written and available for inspection within ten (10) working days, or prior to the
next convened meeting, whichever occurs earlier, except that the City may have an additional ten
(10) working days if the employee responsible for writing the minutes is absent due to a serious
illness or emergency_ (Ref. 84 -1412, 84 -1413 RS Neb.) (Ord. No. 1173, 2/24/76)
SECTION 4. Section 1 -407 of the Municipal Code of the City of Blair, Nebraska is
hereby amended in its entirety as follows, to wit:
Sec. 1 -407 MEETINGS; PUBLIC PARTICIPATION. Subject to the provisions of this Article
and the Open Meetings Act, 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
sessions called pursuant to 84 -1410 RS Neb., 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 sonic reproduction or in writing.
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 this Article or the Open Meetings
Act, hold a meeting in a place known to 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.
No public body shall be deemed in violation of this section if it holds a meeting outside of
this state, if, but only if, a member entity of the public body is located outside of this state and the
other requirements of 84 -1412 RS Neb, are met.
The public body shall, upon request, make a reasonable effort to accommodate the public's
right to hear the discussion and testimony presented at the meeting.
Public bodies shall make available at the meeting, for examination and copying by
members of the public, at least one (1) copy of all reproducible material to be discussed at an open
meeting. Public bodies shall make at least one (1) current copy of the Open Meetings Act posted in
the meeting room at a location accessible to members of the public. At the beginning of the
meeting, the public shall be informed about the location of the posted information. (Ref. 84 -1408,
84 -1412 RS Neb.) (Ord. No. 1173, 2/24/76)
SECTION 5. Section 1 -918 of the Municipal Code of the City of Blair, Nebraska is
hereby amended in its entirety as follows, to wit:
Sec. 1 - 918 TAXES: PAYMENT. City warrants shall be received for the City general tax. City
taxes levied for other special purposes shall be paid by warrants drawn upon and payable out of
the particular fund on account of which they are tendered. Lawful money of the United States,
checks. drafts, credit cards, charge cards, debit cards, money orders, electronic funds transfers, or
other bills of exchange may be accepted in payment of any city tax levy, penalty, fine, license, fee
or assessment of whatever kind or nature, whether general or special. (Ref. 77 -1702 RS Neb.)
SECTION 6. Section 5 -619 of the Municipal Code of the City of Blair, Nebraska is
hereby amended in its entirety as follows, to wit:
Sec. 5 - 619 ACCIDENTS: DRIVER'S DUTY. The driver of any vehicle involved in an accident
upon a public highway, private road, or private drive, resulting in injury or death to any person
shall:
1. Immediately stop such vehicle at the scene of the accident and ascertain the identity
ofall persons involved. Give his or her name, address, and the license number of his or
her vehicle, and exhibit his or her operator's or chauffeur's license to the person struck
or the driver or occupants of any vehicle collided with. Render to any person injured
in such accident reasonable assistance, including the carrying of such person to a
physician or surgeon for medical or surgical treatment if it is apparent that such
treatment is necessary, or is required by the injured person. An person violating any of
the provisions of this section shall upon conviction be punished as provided in
Section 5 -620. (Ref. 60 -697)
SECTION 7. That all ordinances or parts of ordinances in conflict herewith are hereby
repealed.
SECTION 8. That this ordinance shall be in force and take effect from and after its passage,
approval and publication as provided by law.
ATTEST:
(SEAL)
PASSED AND APPROVED THIS 28TH DAY OF AUGUST, 2007.
/A&
BRENDA R. WHEELER, CITY CLERK
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
CITY OF BLAIR, NEBRASKA
E. REALPH, MAYOR
BRENDA R. WHEELER hereby certifies that she is the duly appointed, qualified and
acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing ordinance was
passed at a regular meeting of the Mayor and City Council of said City held on the 28th day of
August, 2007.
BRENDA R. WHEELER, CITY CLERK