Chapter 2

COMMISSIONS AND BOARDS

Article 1. Commissions and Boards

§2-101               PLANNING COMMISSION. (1) The Planning Commission shall consist of nine (9) 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 City Council. Two (2) 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 (1) regular member of the Commission shall be a resident from such area. If it is determined by the Board of Trustees that a sufficient number of residents reside in the area subject to extraterritorial zoning and 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 of residents shall mean two hundred (200) residents. The term of each regular member shall be three (3) years, except that three (3) regular members of the first Commission shall serve for terms of one (1) year, three (3) for terms of two (2) years, and three (3) for terms of three (3) years. All regular members shall hold office until their successors are appointed. Any member may, after a public hearing before the City Council, be removed by the Mayor with the consent of a majority vote of the members elected to the City 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 filled for the unexpired portion of the term by the Mayor.

             (2)        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 RS Neb. All members of the Commission may be required, in the discretion of the Mayor and City Council, to give bond in a sum set by resolution of the City Council, and conditioned upon the faithful performance of their duties. At the time of the Commission̓s first (1st) meeting in January of each year, the Commission shall organize by selecting from its membership a Chairman and Secretary. It shall be the duty of the Secretary to keep the full and correct minutes and records of all meetings and to file the same with the Municipal Clerk where they shall be available for public inspection during office hours. The Commission shall be funded by the Governing Body from time to time out of the General Fund. A number of Commissioners equal to a majority of the number of regular members appointed to the Commission shall constitute a quorum for the transaction of any business. Special meetings may be held upon the call of the Chairman, or any three (3) members of the Commission. It shall be the duty of the Commission to make and adopt plans for the physical development of the Municipality, including any areas outside its boundaries which, in the Commission̓s judgment, bear relation to the planning of the Municipality. All actions by the Commission shall be subject to the review and supervision of the Mayor and City Council. Recommendations from the Commission shall be received by the Governing Body within ninety (90) days after the Commission begins consideration of a matter relating to the comprehensive development plan, capital improvements, building codes, subdivision development, the annexation of territory, or zoning. The Commission shall be responsible for making such reports and performing such other duties as the Mayor and City Council may, from time to time, designate. No member of the Governing Body or other Municipal official, except where otherwise specifically provided, shall serve as a member of the Commission while serving any other term of office. No member of the Commission shall serve in the capacity of both the Chairman and Secretary of the Commission.

             (3)        The Mayor, with the approval of a majority vote of the elected members of the City Council, shall appoint one (1) alternate member to the Commission. The alternate member shall serve without compensation and shall hold no other Municipal office. The term of the alternate member shall be three (3) 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 City Council. The alternate member may attend any meeting and may serve as a voting and participating member of the Commission at any time when less than the full number of regular Commission members is present and capable of voting. (Ref. 19-924 through 19-929 RS Neb.)

§2-102               BOARD OF ADJUSTMENT. 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 member of the Board shall serve a term of three (3) years, unless reappointed, and shall be removable only for good and sufficient cause by the Governing Body upon written charges and after a public hearing. The members of the Board shall serve without compensation and may be required, in the discretion of the Governing Body, to give a bond in a sum set by resolution of the Governing Body, and conditioned upon the faithful performance of their duties. One (1) member of the Board of Adjustment shall be at the same time a member of the Planning Commission at all times. Upon the loss of membership on the Planning Commission the said member shall also lose his membership on the Board of Adjustment. The Board shall organize at its first (1st) meeting in June of each year and elect from its membership a Chairman and Secretary. It shall be the duty of the Secretary to keep complete and accurate minutes of all Board meetings and to file the same at the office of the Municipal Clerk for examination at any reasonable time by the public. The Board of Adjustment shall be funded from time to time out of the General Fund by the Governing Body. Meetings of the Board shall be held at such times as the Governing Body may designate, or at such other times as the Chairman may, in his discretion call a meeting. Special meetings may be also held upon the call of any three (3) members of the Board. A majority of the board shall constitute a quorum for the purpose of doing business. It shall be the duty of the Board to hear and decide appeals where it is alleged that there is error in any order, requirement, decision, or determination made by a Municipal official based on any zoning ordinance of the Municipality; to hear and decide in accordance with the provisions of any zoning ordinance, requests for interpretation of any map; and authorize a variance from the strict application of any zoning ordinance if it is found that a specific piece of property, due to exceptional specifications existing at the time of passage of the said ordinance, would result in exceptional difficulties and undue hardship; provided, that no variance shall be granted if the undue hardship appears to affect the property in the district generally, or if the situation of the property concerned appears to be so general or recurring in nature as to make reasonably practicable, the formulation of a general regulation to be adopted by the Governing Body as an ordinance. The concurring vote of four (4) members of the Board shall be necessary to reverse any order, requirement, decision, or determination made by a Municipal official on any matter which was governed by any Municipal zoning ordinance. In the event that the Governing Body chooses not to appoint a Board of Adjustment, the Governing Body may, by ordinance, provide that it shall constitute the Board of Adjustment and shall have the same duties, powers, and authority as provided herein. The Board shall be responsible for making such reports and performing such other duties as the Governing Body may designate. No member of the Governing Body shall serve as a member of the Board of Adjustment except as herein provided. No member of the Board of Adjustment shall serve in the capacity of both Chairman and Secretary of the Board. (Ref 19-907 through 19-910, 84-155 RS Neb.)

§2-103               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.)

§2-104                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.)

§2-105               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.)

§2-106               AIRPORT AUTHORITY BOARD. The Airport Authority Board shall have the full and exclusive jurisdiction and control over all facilities owned or hereafter acquired by the Municipality for the purpose of aviation operation, air navigation, and air safety operation. The Board is a body corporate and politic, constituting a public corporation, and an agency of the Municipality. The Board shall consist of five (5) members. Members of the Board shall be nominated and elected in the manner provided by law for the election of other elected officials and shall take office at the same time as the officers of the Municipality. Members of the Board shall be residents of the Municipality and shall serve a term of six (6) years. Two (2) members of the Board shall be elected in each Municipal election year provided, that in each third (3rd) election year, one (1) member only shall be elected to the Airport Authority Board. Any vacancy on the Board resulting from any other cause than the expiration of a term of office, shall be filled by temporary appointment by the Mayor, with the approval of the City Council, until a successor can be elected at the next general Municipal election to serve the unexpired portion of the term. A member of the Board may be removed from office for incompetence, neglect of duty, or incompetence in office. An action for the removal of such officer may be brought upon resolution of the City Council, in the District Court of the County. The Board shall have such other powers and duties as may be prescribed by State law. (Ref 13-501 through 3-514 RS Neb.)

§2-107               RECYCLING BOARD. The Recycling Board shall consist of nine (9) members who shall be residents of the Municipality and shall be appointed by the Mayor by and with the consent of the City Council. The term of each member shall be three (3) years, except that three (3) members of the first Board shall serve for terms of one (1) year, three (3) for terms of two (2) years, and three (3) for terms of three (3) years. All members shall hold office until their successors are appointed, unless reappointed. Vacancies occurring otherwise than through the expiration of term shall be filled for the unexpired portion of the term.

                          The members of the Board shall serve without compensation and may be required, in the discretion of the Mayor and City Council, to give bond in a sum set by resolution of the City Council, and conditioned upon the faithful performance of their duties. At the time of the Board̓s first meeting in January of each year, the Board shall organize by selecting from its membership a Chairman and Secretary. It shall be the duty of the Secretary to keep the full and correct minutes and records of all meetings and to file the same with the Municipal Clerk where they shall be available for public inspection during office hours. The Board shall be funded by the City Council from time to time out of the General Fund. A number of the Board equal to a majority of the number of members appointed to be Board shall constitute a quorum for the transaction of any business. Special meetings may be held upon the call of the Chairman, or any three (3) members of the Board. It shall be the duty of the Board to make and adopt plans for the promotion and development of recycling within the Municipality as a means of waste reduction. No member of the Board shall serve in the capacity of both Chairman and Secretary of the Board.

§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.