Fill and Sign the Declaration of Trade Name Declaration of Trade Name Form

BANCROFT CODE INDEX (* See Individual Heading) A ABANDONED VEHICLES Abandonment of vehicle prohibited Defined Costs of removal and storage Custody; who entitled Destroy, deface or remove parts; unlawful; exception; exception; violation; penalty Law enforcement agency; powers and duties Liability for removal Local authorities; powers and duties Proceeds of sale; disposition Title; vest in local authority or state agency; when 4-502 4-501 4-510 4-506 4-509 4-505 4-508 4-504 4-507 4-503 ADMINISTRATION, VILLAGE Bonds; blanket bond Bond; reserve officer's bond Conflict of interest Corporate existence Corporate seal Oath of office; village officials 1-103 1-104 1-106 1-101 1-102 1-105 ADMINISTRATION, CIVIL (CHAPTER) Administration, Village * Appointed Officials * Elected Officials * Elections * Fiscal Management * Ordinances, Resolutions and Motions * Penal provision 1-701 ALCOHOLIC BEVERAGES Acquisition Catering license Complaint form Complaints, citizen Complaints; procedure Conduct of other business, restrictions on Conduct prohibited on licensed premises Consumption in public places and unlicensed establishments Credit sales Definitions Dwellings, access to 5-102 5-115 5-134 5-132 5-133 5-127 5-128 5-103 5-122 5-101 5-121 Employer Gambling Hours of sale Inspections Keg sales License application; notice; procedure License application; village examination License, display of License, prerequisites to delivery of License renewal License required License, revocation of Licensee requirements Location Minor's presence Minors and incompetents, sale to Minors, hiring Original package Owner of premises Powers and duties of village Removal of Intoxicated persons from public or quasi-public property Sale for resale Sanitary conditions Spiking beer ALL-TERRAIN VEHICLES, GOLF CARTS, AND SNOWMOBILES All-terrain vehicles; accident report ; p All-terrain vehicles; competition All-terrain vehicles; enforcement All-terrain vehicles; equipment required All-terrain vehicles; penalty All-terrain vehicles; prohibitions All-terrain vehicles and golf carts; definitions All-terrain vehicles and golf carts; operation All-terrain vehicles and golf carts; violation; penalty Snowmobiles; equipment Snowmobiles; registration Snowmobiles; streets Snowmobiles; unlawful acts ANIMALS GENERALLY Banned from village Abandonment, neglect, and cruelty; definitions Abandonment, neglect, and cruelty; law enforcement officer Cruelty to animals Pitting; definitions Pitting; prohibited 5-117 5-125 5-113 5-129 5-114 5-109 5-110 5-112 5-111 5-131 5-105 5-130 5-107 5-106 5-120 5-119 5-118 5-124 5-116 5-104 5-135 5-126 5-108 5-123 4-407 4-406 4-409 4-404 4-408 4-405 4-401 4-402 4-403 4-410 4-413 4-412 4-411 3-301 3-303 3-305 3-304 3-306 3-307 Pitting; spectators prohibited Running at large prohibited 3-308 3-302 APPOINTED OFFICIALS Appointment; removal Attorney Building inspector Clerk Clerk-treasurer position created Engineer, special Merger of offices Police chief Police; duties Street commissioner Treasurer Treasurer; annual report Treasurer; monthly report Utilities superintendent 1-301 1-308 1-314 1-304 1-303 1-311 1-302 1-309 1-310 1-312 1-305 1-307 1-306 1-313 ATTORNEY, VILLAGE 1-308 B BICYCLES, MOPEDS, AND MOTORCYCLES Bicycles; operation Mopeds; defined Mopeds; equipment Mopeds; helmet required Mopeds; operation Mopeds; operator's license required Mopeds; traffic regulations applicable Mopeds; use of traffic lanes Motorcycle; helmet required Motorcycle; lights Motorcycle operation 4-301 4-302 4-308 4-305 4-303 4-304 4-307 4-306 4-311 4-310 4-309 BOARD OF HEALTH County Health Board Creation and membership Health; enforcement official Health; regulation Health; state rules Powers and duties 2-306 2-301 2-304 2-303 2-305 2-302 BOARDS See COMMISSIONS AND BOARDS BONDS Curb, cutting 6-109 Junkyard Library Board Officials; bonds; blanket bond Reserve officer 5-502 2-202 1-103 1-104 BUILDING CODES ADOPTED Applicability; trailer camps Building code; adopted by reference Electrical code; adopted by reference Housing code; adopted by reference Plumbing code; adopted by reference 5-413 9-301 9-304 9-302 9-303 BUILDING INSPECTOR Duties Inspection, time of Power and authority Right of entry 1-314 9-203 9-201 9-202 BUILDING PERMITS Application; fee Fire limits, within 9-101 8-204 BUILDING REGULATIONS (CHAPTER) Building Inspector * Building Permits * Codes Adopted * Penal provision 9-401 , BUILDINGS, DANGEROUS See NUISANCES BUSINESS REGULATIONS (CHAPTER) Alcoholic Beverages * Junkyards * Occupation Taxes * Peddlers and Hawkers * Penal provision Smoking Regulations * Trailer Camps * 5-701 C CAMPER See TRAILER CAMPS CLERK, VILLAGE Clerk-treasurer position created Duties 1-303 1-304 CODES, BUILDING See BUILDING CODES COMMISSIONS AND BOARDS (CHAPTER) Board of Health * Library Board * Penal provision Planning Commission * Tree Board * 2-501 COMPREHENSIVE PLAN 10-101 CURB AND GUTTER Cutting curb; permit, bond 6-109 CURFEW 3-116 D DOGS AND CATS Animal control, intereference with Barking and offensive Definition of owner Dangerous dogs; definitions Dangerous dogs; exception Dangerous dogs; failure to comply Dangerous dogs; impoundment, destruction Dangerous dogs; prohibited Female in season Impounding; redemption fee Interference with animal control Killing and poisoning Liability of owner; destruction of property License fees Licensing; license tags Licensing, wrongful Owner defined Penalty Rabies suspected Rabies vaccination Running at large; destruction of property; liability of owner Tags, lost Tags, collar, harness, removal of Vicious dogs DRIVEWAYS See PRIVATE DRIVES, CONSTRUCTION OF 3-220 3-209 3-201 3-214 3-218 3-217 3-216 3-215 3-211 3-219 3-220 3-210 3-208 3-204 3-203 3-206 3-201 3-221 3-212 3-202 3-208 3-205 3-207 3-213 E ELECTED OFFICIALS Chairperson; selection and duties Change in office Conflict of interest Meetings * Number, qualifications, terms Oath of office Powers and duties Reorganizational meeting Standing committees Vacancies 1-202 1-105 1-201 1-204 1-205 1-206 ELECTIONS Ballots Board of trustees; terms; qualifications Caucus candidates Certificate of nomination or election Election officials Exit polls Filing fee Generally Inability to assume office Notice, primary or general election Officers; certification Petition candidates Recall procedure Special issues Special joint Tie votes 1-610 1-602 1-605 1-613 1-609 1-615 1-604 1-601 1-614 1-611 1-603 1-605 1-616 1-608 1-607 1-612 ENGINEER, SPECIAL 1-311 EXPLOSIVE MATERIALS Blasting permits Bullets Storage; registration 8-302 8-303 8-301 1-207 1-203 1-106 F FIRE REGULATIONS (CHAPTER) Explosive Materials * Fire Prevention * Fires * Fireworks * Penal provision 8-501 FIRES Assistance Disorderly spectator Driving over hose Equipment False alarm Interference Obstruction Pedestrians Traffic 8-107 8-109 8-108 8-102 8-106 8-101 8-103 8-105 8-104 FIRE PREVENTION Combustibles in fire limits Damage; removal required Fire code enforcement Fire limits building materials Fire limits building permit Fire limits defined Fires regulated Ironclads prohibited Lawful entry Life Safety Code Violation notice 8-206 8-209 8-202 8-205 8-204 8-203 8-210 8-208 8-207 8-201 8-211 FIREWORKS Fireworks and firecrackers Regulation of use, sale, possession 8-402 8-401 FISCAL MANAGEMENT Appropriations Audit, annual; financial statements Bond issues Budget procedure Budget statement; filing Budget statement; hearing Budget statement, proposed Certificates of deposit; time deposits; conditions Claims Collection agency, authority to contract with Contracts and purchases Contracts; previous appropriation Expenditures Fiscal year Fund, general Fund, special assessment Funds, deposit of Funds, investment of Funds, public, defined Funds, sinking 1-518 1-517 1-510 1-519 1-522 1-521 1-520 1-505 1-507 1-506 1-516 1-515 1-509 1-501 1-523 1-513 1-503 1-504 1-502 1-511 Funds, transfer of Levy, all-purpose Levy, all-purpose; abandonment Levy, all-purpose; allocation Levy, extraordinary Levy, property tax; authority to set Levy, property tax; maximum; authority to exceed Property tax, general Special assessment fund Special assessments, collection of; procedure Valuation, inadequate Warrants 1-512 1-524 1-527 1-526 1-530 1-528 1-529 1-531 1-513 1-514 1-525 1-508 G GOLF CARTS See ALL-TERRAIN VEHICLES, GOLF CARTS, AND SNOWMOBILES GARBAGE DISPOSAL Curbside trash service; conditions Curbside trash service; fee Curbside trash service; mandatory Definitions Disposal 7-404 7-405 7-403 7-401 7-402 GRASSES AND WEEDS See NUISANCES H HANDICAPPED OR DISABLED PERSONS; PARKING Citation; issuance; complaint; trial Designation of off-street parking Designation of on-street parking; display of permit Parking infraction defined Permit contents, duplicate permits Permit, motor vehicle, issuance Permit, personal, issuance Permits non-transferable; violation; suspension Permits; period valid; renewal; fee Vehicle, unauthorized, removal of; penalty HAWKERS See PEDDLERS AND HAWKERS HEALTH, BOARD OF See BOARD OF HEALTH 4-225 4-217 4-216 4-218 4-221 4-220 4-219 4-223 4-222 4-224 J JUNK See NUISANCES JUNKYARDS Definitions Inspections License required; bond Nuisance Owner's responsibility Rodents 5-501 5-504 5-502 5-505 5-503 5-506 L LAW ENFORCEMENT See POLICE DEPARTMENT LIBRARY BOARD Library; books Library; books, damaged and lost; penalty Library; cost of use Library; donations and receipts Library funds; disbursement Library; operation and funding Library; penalties Library; unlawful book removal Meetings; officers Powers and duties Selection; terms 2-207 2-209 2-206 2-211 2-205 2-201 2-210 2-208 2-203 2-204 204 2-202 LICENSES AND PERMITS Blasting permits Building permits Cats Curb, cutting Dogs and cats Handicapped or disabled persons; parking Hawkers Junkyard Liquor Mopeds Obstructions; building materials or equipment Peddlers and hawkers Sewer service Sidewalks, construction of Trailer camp Wells and other facilities; drilling and operation of 8-302 8-204, 9-101 See Dogs and Cats below 6-109 3-203, 3-204 4-216, 4-219 through 4-223 5-201 5-502 5-105 4-304 6-104 5-201 7-303 6-305 5-402 7-224 LIQUOR REGULATIONS See ALCOHOLIC BEVERAGES LITTER See NUISANCES M MEETINGS Attendance required; penalty Change in office Closed sessions Committees, standing Defined Emergency Minutes News media, notice to Order of business Parliamentary procedure Public; notice; agenda; minutes Public body defined Public, rights of Regular; quorum Reorganizational Special Teleconferencing, when allowed Videoconferencing, when allowed Votes MISDEMEANORS (CHAPTER) Animals Generally * Dogs and Cats * Misdemeanors, General * Nuisances * Penal provision Sex Offender Residency Restrictions * MISDEMEANORS, GENERAL Air rifles, discharge of Alms, soliciting Appliances outdoors BB guns and blow guns, discharge of Curfew Disorderly conduct Disturbing an assembly Disturbing the peace Fences, prohibited Firearms, discharge of Gambling 1-216 1-203 1-221 1-205 1-209 1-215 1-219 1-212 1-217 1-218 1-210 1-208 1-211 1-213 1-204 1-214 1-223 1-222 1-220 3-601 3-109 3-116 3-114 3-109 3-117 3-105 3-107 3-106 3-119 3-108 3-111 Indecent behavior Littering Malicious destruction of property Noise, excessive Obstruction of public ways Obstruction of water flow Officer, abusing Officer, impersonating Officer, resisting or failing to assist Paintball guns, discharge of Posting Radio interference Slingshots, discharge of Stalking Street games Trash on another's property Trespassing; damage to plantings Weapons, concealed Window peeping 3-126 3-113 3-104 3-123 3-120 3-121 3-103 3-102 3-101 3-109 3-115 3-122 3-109 3-125 3-118 3-112 3-124 3-110 3-127 MOPEDS See BICYCLES, MOPEDS, AND MOTORCYCLES MOTORCYCLES See BICYCLES, MOPEDS, AND MOTORCYCLES MUNICIPAL PLANNING (CHAPTER) Comprehensive Plan; adopted by reference Penal p provision Subdivisions and platting; extraterritorial jurisdiction Zoning Regulations; adopted by reference 10-101 10-201 10-103 10-102 MUNICIPAL PROPERTY See PROPERTY, MUNICIPAL N NUISANCES Dangerous buildings; appeal Dangerous buildings; building inspector Dangerous buildings; definitions Dangerous buildings; disputes Dangerous buildings; failure to comply Dangerous buildings; immediate hazard Dangerous buildings; nuisance declared; procedure Dangerous buildings; public nuisance Dangerous buildings; standards Litter; public nuisance Weeds, grasses and litter; cost assessed to property 3-414 3-410 3-407 3-413 3-412 3-415 3-411 3-409 3-408 3-403 3-406 Weeds, grasses and litter; failure to correct; fine Weeds, grasses and litter; notice of noncompliance Weeds and grasses, litter; definitions Weeds or grasses; public nuisance 3-405 3-404 3-401 3-402 O OCCUPATION TAXES Amounts Certificates Collection date and prorating Failure to pay Fire insurance companies 5-601 5-604 5-603 5-605 5-602 OFFICIALS, APPOINTED See APPOINTED OFFICIALS OFFICIALS, ELECTED See ELECTED OFFICIALS ORDINANCE NO. 430, GENERAL RECODIFICATION Changes, nonsubstantive Chapters and sections, defining Chapters, construction of Definitions, general Exceptions Fines, costs, commitments Law enforcement, other, empowerment of Ordinance numbering Penalty, blanket Publication and distribution Recodification Repeal of prior ordinances in conflict When operative Validity 0-008 0-005 0-004 0-006 0-003 0-010 0-009 0-005 0-011 0-012 0-001 0-002 0-013 0-007 ORDINANCES, RESOLUTIONS AND MOTIONS Amendments and revisions Effective date; emergency ordinances Grant of power Introduction Publication or posting Publication or posting, certificate of Reading; passage Resolutions and motions; procedure Style Title 1-410 1-407 1-401 1-404 1-408 1-409 1-406 1-405 1-402 1-403 P PARKING REGULATIONS Alley, obstructing Angle Congested district Congested district; unloading Curbs, painted Freight vehicles, unloading Generally Handicapped or disabled persons * Illegally parked vehicles, removal of Parking areas Parking zone; maximum time limit Parking zone; school bus zone Parking zone; school days; maximum time limits Parking zone; snow removal Parking zone; street cleaning Parking zones; generally PEDDLERS AND HAWKERS Definitions Exceptions Regulation and tax 4-211 4-202 4-212 4-213 4-215 4-214 4-201 4-210 4-203 4-207 4-206 4-205 4-208 4-209 4-204 5-202 5-203 5-201 PENAL PROVISIONS See PENALTIES PENALTIES Abandoned vehicles; destroy, deface or remove parts All-terrain vehicles Blanket penalty, Ordinance No. 430 Chapter Diversion of services; utilities Golf carts Handicapped or disabled persons; parking Library Nuisances; dangerous buildings Nuisances; weeds and grasses, junk, litter Smoking regulations Vehicles, abandoned; destroy, deface or remove parts 4-509 4-403, 4-408 0-011 End of Chapter 7-103 4-403 4-224 2-210 3-412 3-405 5-304 4-509 PERMITS See LICENSES AND PERMITS PLANNING COMMISSION Creation and membership Officers; meetings; records 2-101 2-102 PLUMBER 7-206, 7-308 POLICE CHIEF 1-309 POLICE DEPARTMENT Abandoned vehicles; powers and duties Abandonment, neglect, and cruelty; officer's powers, immunity Empowerment of other law enforcement Enforcement of ATV regulations Enforcement of traffic regulations Health officer, chief Intoxicated persons, removal from public or quasipublic property Officer, abusing Officer, impersonating Officer, resisting or failing to assist Officer; refusal to obey Police, village; duties Traffic officers Vehicles, abandoned; powers and duties PRIVATE DRIVES, CONSTRUCTION OF Application Specifications Village Board, approval of PROPERTY, MUNICIPAL g Barricades and lights Branches, overhanging Curb, cutting; permit and bond required Eave and gutter spouts Heavy equipment Injury to property or plantings Littering Maintenance and control Obstructions, permitted; construction materials Obstructions; trees and shrubs Personal property; sale and conveyance Public works involving architecture or engineering Real property; acquisition; appraisal Real property; acquisition; authorization Real property, acquisition of; construction; elections Real property; sale and conveyance Signs Special assessments, deferral from Special improvement district; assessment and creation procedure Special improvement district; land adjacent Trees and shrubs 4-505 3-305 0-009 4-409 4-102 2-301(A), 2-304 5-135 3-103 3-102 3-101 4-103 1-310 4-104 4-505 6-401 6-402 6-403 6-106 6-103 6-109 6-105 6-110 6-108 6-108 6-101 6-104 6-102 6-115 6-119 6-112 6-111 6-113 6-114 6-107 6-118 6-116 6-117 6-102 PUBLIC UTILITIES See UTILITIES, PUBLIC PUBLIC WAYS AND PROPERTY (CHAPTER) Construction of Private Drives * Property, Municipal * Sidewalks * Streets * Penal provision 6-501 S SEWER DEPARTMENT Application, consumer's Classification Contract; not transferable Discharges, unlawful Fees, sewer use Hookup, mandatory Inspections Installation expense Installation procedure Lien Mandatory hookup Manholes Nonresidents, service to Old house sewers, use of Operation and funding Plumber s Plumber's liability Rates Repairs and replacement Special equipment 7-303 7-312 7-304 7-318 7-313 7-302 7-316 7-310 7-309 7-315 7-302 7-317 7-305 7-307 7-301 7-308 7-314 7-311 7-319 SEX OFFENDER RESIDENCY RESTRICTIONS Definitions Exceptions Residency restrictions 3-501 3-503 3-502 SIDEWALKS Construction by Village Construction by owner; permit Construction by petition Definition Duty to keep clear Maintenance Repair 6-306 6-305 6-307 6-301 6-302 6-303 6-304 SMOKING REGULATIONS Definitions 5-301 Exemptions Prohibition Violation; penalty 5-303 5-302 5-304 SNOWMOBILES See ALL-TERRAIN VEHICLES, GOLF CARTS, AND SNOWMOBILES STREET COMMISSIONER, Duties 1-312 STREETS Concrete, mixing Construction assessment Crossings Driveway approaches Excavation Gardens and trees on right of way Improvement; petition; objections Liquids, harmful Names and numbers Opening Petition for improvements Pipelines and wires Stakes, driving Trees and gardens on right of way Vacating public ways; definitions; ascertaining damages;procedures Vacations, street or alley; title Widening SUBDIVISIONS AND PLATTING; EXTRATERRITORIAL JURISDICTION 6-207 6-211 6-202 6-210 6-205 6-204 6-212 6-208 6-201 6-203 6-212 6-209 6-206 6-204 6-213 6-214 6-203 10-103 T TRAFFIC REGULATIONS Alley, obstructing Backing Careless driving Child passenger restraint system Citations, traffic; form Clinging to motor vehicle Crosswalks Definitions Emergency regulations Enforcement Engine braking Following; distance Funeral processions Glass, pointed objects 4-109 4-119 4-121 4-123 4-106 4-137 4-107 4-101 4-105 4-102 4-118 4-132 4-133 4-134 Law enforcement officer; refusal to obey Law enforcement officer; traffic officers Loads; projecting Loads; spilling Muffler Noise, unnecessary Obstructing alley Obstructing public sidewalk One-way traffic Overloading front seat or obstructing driver's view or driving mechanism Passing Position of vehicle on highway; generally Riding outside vehicle Right of way Right of way; emergency vehicles Sidewalk, public, obstructing Sidewalk space, driving in Signs, signals Signs; defacing or interfering with Speed limits Stop signs Traffic citations; form Truck routes Turning; caution Turning; generally Turning; "U" turns TRAILER CAMPS Alterations and additions Codes, building, applicability Definitions Exceptions Inspections Liability of owner Location, prohibited Maintenance Management Parking, prohibited Permit required Permit, revocation of Regulations Temporary storage Water supply 4-103 4-104 4-135 4-136 4-126 4-127 4-109 4-108 4-117 4-124 4-120 4-131 4-125 4-115 4-116 4-108 4-122 4-110 4-111 4-113 4-112 4-106 4-114 4-130 4-128 4-129 5-411 5-413 5-401 5-414 5-404 5-405 5-408 5-403 5-406 5-409 5-402 5-407 5-410 5-415 5-412 TRASH See GARBAGE DISPOSAL TREASURER, VILLAGE Clerk-treasurer position created 1-303 Duties Report, annual Report, monthly 1-305 1-307 1-306 TREE BOARD Creation; members Duties and responsibilities Interference with Operation Trees * 2-401 2-403 2-404 2-402 TREES Branches, overhanging Care of trees Dead or diseased, on private property Definitions Distance from curbs, sidewalks, corners, fireplugs Injuring, on private property Planting, approval of Pruning Spacing Stump removal Topping Tree list Trees and gardens on right of way Trees and shrubs; obstructions Utilities 6-103 2-410 2-415 2-405 2-408 2-416 2-411 2-413 2-407 2-414 2-412 2-406 6-204 6-102 2-409 U UTILITIES GENERALLY Discontinuance of service; notice procedure Diversion of services; penalty Mandatory billing; variance requests UTILITIES, PUBLIC (CHAPTER) Garbage Disposal * Penal provision Sewer Department * Water Department * Utilities Generally * 7-501 UTILITIES SUPERINTENDENT, Duties 1-313 V VEHICLES, ABANDONED See ABANDONED VEHICLES 7-102 7-103 7-101 VEHICLES AND TRAFFIC (CHAPTER) Abandoned Vehicles * All-Terrain Vehicles, Golf Carts and Snowmobiles * Bicycles, Mopeds, and Motorcycles * Parking * Penal provision Traffic Regulations * 4-601 W WATER DEPARTMENT Application, consumer's Backflow prevention devices required; customer installation and maintenance; testing Bills Contract, water; not transferable Definitions Destruction of property Diversion of services Fees and collections Fire hydrants Hookup, mandatory Inspection Installation expense Installation procedure Lead pipes, solder and flux, prohibition Lien Mandatory hookup Meter tampering Operation and funding Plumber's liability Pollution Rates, minimum Reconnection, unauthorized Repairs and maintenance Restricted use Right of entry Single premises Wells, village, operation of certain facilities near 7-204 7-223 7-212 7-205 7-202 7-222 7-216 7-210 7-219 7-203 7-221 7-209 7-207 7-208 7-213 7-203 7-216 7-201 7-206 7-220 7-211 7-216 7-214 7-218 7-217 7-215 7-224 WEEDS AND GRASSES See NUISANCES Z ZONING REGULATIONS 10-102 CHAPTER 1 − CIVIL ADMINISTRATION ARTICLE 1 – VILLAGE ADMINISTRATION 1-101 1-102 1-103 1-104 1-105 1-106 CORPORATE EXISTENCE OFFICIAL CORPORATE SEAL BONDS; BLANKET BOND RESERVE OFFICER’S BOND OATH OF OFFICE; VILLAGE OFFICIALS CONFLICT OF INTEREST ARTICLE 2 – ELECTED OFFICIALS 1-201 1-202 1-203 1-204 1-205 1-206 1-207 1-208 1-209 1-210 1-211 1-212 1-213 1-214 1-215 1-216 1-217 1-218 1-219 1-220 1-221 1-222 1-223 POWERS AND DUTIES NUMBER, QUALIFICATIONS, TERMS CHANGE IN OFFICE REORGANIZATIONAL MEETING STANDING COMMITTEES VACANCIES CHAIRPERSON; SELECTION AND DUTIES PUBLIC BODY DEFINED MEETINGS DEFINED MEETINGS; PUBLIC; NOTICE; AGENDA; MINUTES MEETINGS; RIGHTS OF PUBLIC MEETINGS; NOTICE TO NEWS MEDIA MEETINGS; REGULAR; QUORUM MEETINGS; SPECIAL MEETINGS; EMERGENCY MEETINGS; ATTENDANCE REQUIRED; PENALTY MEETINGS; ORDER OF BUSINESS MEETINGS; PARLIAMENTARY PROCEDURE MEETINGS; MINUTES MEETINGS; VOTES MEETINGS; CLOSED SESSIONS MEETINGS; VIDEOCONFERENCING, WHEN ALLOWED MEETINGS; TELECONFERENCING, WHEN ALLOWED ARTICLE 3 – APPOINTED OFFICIALS 1-301 1-302 1-303 1-304 1-305 1-306 1-307 APPOINTMENT; REMOVAL MERGER OF OFFICES CLERK-TREASURER POSITION CREATED VILLAGE CLERK VILLAGE TREASURER TREASURER’S MONTHLY REPORT TREASURER’S ANNUAL REPORT 1-308 1-309 1-310 1-311 1-312 1-313 1-314 VILLAGE ATTORNEY VILLAGE POLICE CHIEF VILLAGE POLICE; DUTIES SPECIAL ENGINEER VILLAGE STREET COMMISSIONER VILLAGE UTILITIES SUPERINTENDENT VILLAGE BUILDING INSPECTOR ARTICLE 4 – ORDINANCES, RESOLUTIONS AND MOTIONS 1-401 1-402 1-403 1-404 1-405 1-406 1-407 1-408 1-409 1-410 GRANT OF POWER STYLE TITLE INTRODUCTION RESOLUTIONS AND MOTIONS; PROCEDURE READING; PASSAGE EFFECTIVE DATE; EMERGENCY ORDINANCES PUBLICATION OR POSTING CERTIFICATE OF PUBLICATION OR POSTING AMENDMENTS AND REVISIONS ARTICLE 5 – FISCAL MANAGEMENT 1-501 1-502 1-503 1-504 1-505 1-506 1-507 1-508 1-509 1-510 1-511 1-512 1-513 1-514 1-515 1-516 1-517 1-518 1-519 1-520 1-521 1-522 1-523 FISCAL YEAR PUBLIC FUNDS DEFINED DEPOSIT OF FUNDS INVESTMENT OF FUNDS CERTIFICATES OF DEPOSIT; TIME DEPOSITS; CONDITIONS AUTHORITY TO CONTRACT WITH COLLECTION AGENCY CLAIMS WARRANTS EXPENDITURES BOND ISSUES SINKING FUNDS TRANSFER OF FUNDS SPECIAL ASSESSMENT FUND COLLECTION OF SPECIAL ASSESSMENTS; PROCEDURE CONTRACTS; PREVIOUS APPROPRIATION CONTRACTS AND PURCHASES ANNUAL AUDIT; FINANCIAL STATEMENTS APPROPRIATIONS BUDGET PROCEDURE PROPOSED BUDGET STATEMENT BUDGET HEARING BUDGET FILING GENERAL FUND 1-524 1-525 1-526 1-527 1-528 1-529 1-530 1-531 ALL-PURPOSE LEVY INADEQUATE VALUATION ALL-PURPOSE LEVY; ALLOCATION ALL-PURPOSE LEVY; ABANDONMENT PROPERTY TAX LEVY; AUTHORITY TO SET PROPERTY TAX LEVY; MAXIMUM; AUTHORITY TO EXCEED EXTRAORDINARY LEVY GENERAL PROPERTY TAX ARTICLE 6 – ELECTIONS 1-601 1-602 1-603 1-604 1-605 1-606 1-607 1-608 1-609 1-610 1-611 1-612 1-613 1-614 1-615 1-616 ELECTIONS GENERALLY BOARD OF TRUSTEES; TERMS; QUALIFICATIONS ELECTION OF OFFICERS; CERTIFICATION FILING FEE CAUCUS CANDIDATES PETITION CANDIDATES SPECIAL JOINT ELECTIONS SPECIAL ISSUES ELECTION OFFICIALS BALLOTS PRIMARY OR GENERAL ELECTION NOTICE TIE VOTES CERTIFICATE OF NOMINATION OR ELECTION INABILITY TO ASSUME OFFICE EXIT POLLS RECALL PROCEDURE ARTICLE 7 – PENAL PROVISION 1-701 VIOLATION; PENALTY CHAPTER 1 − CIVIL ADMINISTRATION Article 1 − Village Administration SECTION 1-101: CORPORATE EXISTENCE The Village of Bancroft, Nebraska, having a population of less than 800 inhabitants, is hereby declared to be a village and shall be governed in all respects by the laws regulating villages. SECTION 1-102: OFFICIAL CORPORATE SEAL The official corporate seal of the Village shall be kept in the office of the village clerk and may bear the following inscription: "Seal, Village of Bancroft, Inc. Apr. 14, 1884." The village clerk shall affix an impression of the said official seal to all warrants, licenses, permits, ordinances, and all other official papers issued by order of the Village Board and countersigned by the said clerk. (Neb. Rev. Stat. §17-502) SECTION 1-103: BONDS; BLANKET BOND A. Official bonds of the Village shall be in form, joint and several, and shall be made payable to the Village in such penalty as the Village Board may set by resolution; provided, the penalty amount on any bond shall not fall below the legal minimum when one has been set by the State of Nebraska for each particular official. All official bonds of village officials shall be executed by the principal named in such bonds and by at least two sufficient sureties who shall be freeholders of the county, or by the official as principal and by a guaranty, surety, fidelity, or bonding company; provided, no village official, while still in his/her official term of office, shall be accepted as surety on any other official's bond, contractor's bond, license bond, or appeal bond under any circumstances. B. Only companies that are legally authorized to transact business in the State of Nebraska shall be eligible for suretyship on the bond of an official of the Village. All said bonds shall obligate the principal and sureties for the faithful discharge of all duties required by law of such principal and shall inure to the benefit of the Village and any persons who may be injured by a breach of the conditions of such bonds. No bond shall be deemed to be given or complete until the approved by the Village Board and all sureties are endorsed in writing on the said instrument by the chairperson and village clerk. The premium on any official bond required to be given may be paid out of the General Fund or other proper village fund upon a resolution to that effect by the Village Board at the beginning of any village year. C. All surety and other bonds required by village ordinances or by Nebraska law for village officials may be provided by the purchase of a blanket bond, undertaking or equivalent insurance. The Village may pay the premium for the bond or insurance coverage. The bond or insurance coverage shall be, at a minimum, an aggre- gate of the amounts fixed by the law or by the Village Board requiring such bond or undertaking and on such terms and conditions as may be required. (Neb. Rev. Stat. 10201 through 10-411, 10-606 through 10-612, 11-304, 12-1001, 17-529.08, 17-534, 17-905, 17-908, 17-911, 17-939, 17-958, 17-968, 18-1801 through 18-1805, 233513, 39-836) D. All official bonds meeting the conditions herein shall be filed with the village clerk for his/her official records and it shall be the duty of the clerk to furnish a certified copy of any bond so filed upon the payment of a fee which shall be set by resolution of the Village Board. E. In the event that the sureties on the official bond of any officer of the Village, in the opinion of the Village Board, become insufficient, the Board may by resolution fix a reasonable time within which the said officer may give a new bond or additional sureties as directed. In the event that the officer should fail, refuse, or neglect to give a new bond or additional sureties to the satisfaction and approval of the Village Board, then the office shall, by such failure, refusal, or neglect, become vacant and it shall be the duty of the Village Board to appoint a competent and qualified person to fill the said office. Any official who is reelected to office shall be required to file a new bond after each election. (Neb. Rev. Stat. §11-103 through 11-118, 17-604) SECTION 1-104: RESERVE OFFICER’S BOND No appointment of a law enforcement reserve officer shall be valid until a bond in the amount of $2,000.00, payable to the Village, has been filed with the village clerk by the individual appointed, or a blanket surety bond arranged and paid for by the Village Board and bonding all such officers of the Board has been filed. Such bonds shall be subject to the provisions of Neb. Rev. Stat. Chapter 11, Article 1. (Neb. Rev. Stat. §81-1444) (Ord. No. 260, 9/2/86) SECTION 1-105: OATH OF OFFICE; VILLAGE OFFICIALS All officials of the Village, whether elected or appointed, except when a different oath is specifically provided herein, shall, before entering upon their respective duties, take and subscribe the following oath which shall be endorsed upon their respective bonds: "I, _________________, do solemnly swear that I will support the Constitution of the United States and the Constitution of the State of Nebraska against all enemies foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely and without mental reservation or for the purpose of evasion; and that I will faithfully and impartially perform the duties of the office of ___________________, according to law and to the best of my ability. And I do further swear that I do not advocate nor am I a member of any political party or organization that advocates the overthrow of the government of the United States or of this state by force, or violence; and that during such time as I am in this position I will not advocate nor become a member of any political party or organization that advocates the over throw of the government of the United States or of this state by force or violence. So help me God." (Neb. Rev. Stat. §11-101) SECTION 1-106: CONFLICT OF INTEREST A. For purposes of this section, “officer” shall mean any appointed official if such village official: 1. Serves on a board or commission which spends and administers its own funds and 2. Is dealing with a contract made by such board or commission, or 3. Any elected village official. B. Unless specified otherwise, volunteer firefighters and ambulance drivers shall not be considered officers for purposes of this section with respect to their duties as firefighters and ambulance drivers. (Neb. Rev. Stat. §49-14,103.01) C. No officer of the Village shall be permitted to benefit from any contract to which the Village is a party. The existence of such an interest in any contract renders the contract voidable by decree of a court of competent jurisdiction as to any person who entered into the contract or took assignment thereof with actual knowledge of the prohibited conflict. An action to have a contract declared void under this section may be brought by the Village or by any resident thereof and must be brought within one year after the contract is signed or assigned. Any such decree may provide for the reimbursement of any person for the reasonable value of all money, goods, material, labor, or services furnished under the contract to the extent that the Village has benefited thereby. The prohibition in this section shall apply only when the officer or his or her parent, spouse, or child (1) has an ownership interest of 5% or more in any business involved in the contract or (2) will receive a direct pecuniary fee or commission as a result of the contract; provided however, if such officer is an employee of the business involved in the contract and has no ownership interest or will not receive a pecuniary fee, such officer shall not be deemed to have an interest within the meaning of this section. D. The provisions of this section shall not apply if the interested officer: 1. Makes a declaration on the record to the governing body responsible for approving the contract regarding the nature and extent of his or her interest, prior to official consideration of the contract; 2. Does not vote on the matter of granting the contract, except that if the number of members of the governing body declaring an interest in the contract would prevent the body, with all members present, from securing a quorum on the issue, then all members may vote on the matter; and 3. Does not act for the Village as to inspection or performance under the contract in which he/she has an interest. E. The receiving of deposits, cashing of checks, and buying and selling of warrants and bonds of indebtedness of any village by a financial institution shall not be considered a contract under the provisions of this section. The ownership of less than 5% of the outstanding shares of a corporation shall not constitute an interest within the meaning of this section. Notwithstanding the provisions of subsections (D) (1) through (3) above, if an officer's parent, spouse or child is an employee of the Village, the officer may vote on all issues of the contract which are generally applicable to all employees or all employees within a classification and do not single out his or her parent, spouse, or child for special action. If an officer has the power to employ personnel and he/she hires his or her parent, spouse, or child, such officer shall disclose the hiring pursuant to subsections (1) through (5) below, except that if the parent, spouse, or child is already employed in the position at the time the officer takes office and such position does not change, no disclosure need be made. Notwithstanding any other provision of this section, any contract entered into with an interested officer shall be subject to applicable competitive bidding requirements and shall be fair and reasonable to the Village. The village clerk shall maintain, separately from other records, a ledger containing the information listed in subsections (1) through (5) of this section about every contract entered into by the Village in which an officer has an interest as specified above for which disclosure is made as provided in subsections (D) (1) through (3) above. Such information shall be kept in the ledger for five years from the date of the officer's last day in office and shall include the: 1. 2. 3. 4. 5. Names of the contracting parties; Nature of the interest of the officer in question; Date that the contract was approved by the Village involved; Amount of the contract; and Basic terms of the contract. F. The information supplied relative to the contract shall be provided to the clerk not later than ten days after the contract has been signed by both parties. The ledger kept by the clerk shall be available for public inspection during normal working hours. G. An open account established for the benefit of any village or entity thereof, with a business in which an officer has an interest, shall be deemed a contract subject to the provisions of this section. The statement required to be filed pursuant to this section shall be filed within ten days after such account is opened. Thereafter, the clerk shall maintain a running account of all amounts purchased on the open account. Purchases made from petty cash or a petty cash fund shall not be subject to the provisions of this section. H. Any officer who knowingly violates the provisions of Neb. Rev. Stat. §18301.01 through §18-301.03 shall be guilty of a Class III misdemeanor. Any officer who negligently violates Neb. Rev. Stat. §18-301.01 through §18-301.03 shall be guilty of a Class V misdemeanor. Any officer who negligently violates Neb. Rev. Stat. §49-14,103.01 through §49-14,103.03 shall be guilty of a Class V misdemeanor. I. The Village may enact ordinances exempting from the provisions of this section, contracts involving $100.00 or less in which an officer may have an interest. J. No officer, including volunteer firefighters and ambulance drivers, shall receive any pay or perquisites from the Village other than his or her salary. The Village Board shall not pay or appropriate any money or other valuable thing to pay a person who is not an officer for the performance of any act, service, or duty, which shall come within the proper scope of the duties of any officer of the Village. (Neb. Rev. Stat. §17-611, 18-305 through 18-312, 49-14,103.01 through 49-14,103.03, 70-624.04) (Ord. No. 214, 10/3/83) (Am. by Ord. Nos. 224, 12/5/83; 244, 9/10/84; 261, 9/2/86) Article 2 – Elected Officials SECTION 1-201: POWERS AND DUTIES The Village Board of Trustees shall have the power to pass ordinances to prevent and remove nuisances; to prevent, restrain, and suppress gambling, and disorderly houses; to license and regulate amusements; to establish police protection; to prevent the spread of contagious diseases; to regulate business; to erect, repair, construct, and regulate the public ways and property; to maintain good government, public welfare, and domestic tranquility; and to enforce all ordinances by inflicting penalties upon inhabitants, or other persons for violation thereof not exceeding $100.00 for any one offense, recoverable with costs, together with judgment of imprisonment, until the said judgment and costs are paid. (Neb. Rev. Stat. §17-207) SECTION 1-202: NUMBER, QUALIFICATIONS, TERMS The Board of Trustees shall consist of five members. Any person who is a citizen of the United States, a resident of the Village at the time of his or her election, and a registered voter may be eligible to be elected to the Board. Every trustee so elected and so qualified shall hold his/her office for a term of four years; provided, a trustee's term shall expire and the office will become vacant upon a change of residence from the Village. The Board members shall, before entering upon the duties of their office, take an oath to support the Constitution of the United States and the Constitution of the State of Nebraska and to faithfully and impartially discharge the duties of their office. (Neb. Rev. Stat. §17-202 through 17-204) (Am. by Ord. Nos. 156, 9/19/77; 340, 3/4/96) SECTION 1-203: CHANGE IN OFFICE The chairperson and Board of Trustees shall meet at the regular meeting of the Board in December in each election year and the outgoing officers and outgoing members of the Board of Trustees shall present their reports. Upon the outgoing Board having completed its business, the outgoing trustees shall surrender their offices to the incoming trustees and the outgoing officers shall thereupon each surrender to his/her successor in office all property, records, papers, and moneys belonging to the same. (Neb. Rev. Stat. §17-204) (Am. by Ord. No. 344, 3/4/96) SECTION 1-204: REORGANIZATIONAL MEETING A. The newly elected Board of Trustees shall convene at the regular place of meeting at the first regular meeting of the Board in each election year immediately after the prior Board adjourns and proceed to organize themselves for the ensuing year. The chairperson pro tempore shall call the meeting to order. The Board shall then proceed to examine the credentials of its members and other elective officers of the Village to see that each has been duly and properly elected and to see that such oaths and bonds have been given as are required. B. After ascertaining that all trustees and officers are duly qualified, the Board shall then elect one of its own body who shall be styled as chairperson. The chairperson shall then nominate his or her candidates for appointive offices and said officers shall hold office until their successors are duly appointed and qualified. The chairperson shall then proceed with the regular order of business. C. It is hereby made the duty of each and every member of the Board or of its successors in office and of each officer hereafter elected to any office to qualify prior to the first regular meeting of the Board in December following his or her election. Immediately upon the assembly of the newly elected Board upon the first regular meeting in December following the election, each officer elected at the general election shall take possession of his/her office. Each appointive officer who is required to give bond shall qualify by filing the required bond, approved by the Board of Trustees, in the office of the village clerk within two weeks from the date of his/her said appointment; provided, on said bond shall be endorsed the same oath as required of a trustee. Failure to qualify by elective or appointive officers within the time and manner provided in tills section shall and does in itself create a vacancy in the office to which said person failing to qualify shall have been elected or appointed. (Neb. Rev. Stat. §17-204) (Am. by Ord. No. 339, 3/4/96) SECTION 1-205: STANDING COMMITTEES At the organizational meeting of the Village Board, the chairperson shall appoint members of such standing committees as the Board may, by ordinance or resolution, create. The membership of such standing committees may be changed at any time by the village chairperson, who shall be a member ex officio of each standing committee. The members of the standing committees shall serve terms of office of one year, unless reappointed. SECTION 1-206: VACANCIES A. Whenever a vacancy occurs in an elected office of the Village, notice of said vacancy shall be presented in writing to the Board of Trustees at a regular meeting and said notice shall appear as a part of the minutes of such meeting. The Board shall at once give public notice of the vacancy by causing to be published in a newspaper of general circulation within the Village or by posting in three public places in the Village the office vacated and the length of the unexpired term. B. The chairperson of the Board of Trustees shall within two weeks after the regular meeting at which such notice has been presented or upon the death of the incumbent call a special meeting of the Board, at which time the chairperson shall submit the name of a qualified elector to fill the vacancy for the balance of the unexpired term. C. No officer who is removed at a recall election or resigns after the initiation of the recall process shall be appointed to fill the vacancy resulting from his or her removal or the removal of any other member of the Village Board during the re- mainder of his or her term of office. D. Upon a majority vote of approval by the Board, the vacancy shall be filled. If a majority vote is not reached, the nomination shall be rejected and the chairperson shall at the next regular meeting submit the name of another qualified elector. If the vote on the nominee fails to carry by majority vote, the chairperson shall continue at such meeting to submit the names of qualified electors and the Board shall continue to vote upon such nominations until the vacancy is filled. E. The chairperson of the Board shall cast his/her vote only in case of a tie vote of the Board of Trustees. F. All Board members shall cast a ballot for or against each nominee. G. The chairperson and Board may, in lieu of filling a vacancy in a village office as provided above in this section, call a special village election to fill such vacancy. H. If there is a vacancy in the offices of a majority of the members of the Village Board, there shall be a special village election conducted by the secretary of state to fill such vacancies. (Neb. Rev. Stat. §32-4,152, 32-1406) (Am. by Ord. Nos. 157, 9/19/77; 241, 9/10/84) SECTION 1-207: CHAIRPERSON; SELECTION AND DUTIES The Village Board chairperson shall be selected at the first regular meeting in December by the Board of Trustees from its own membership. The chairperson shall preside at all meetings of the Board. In the absence of the chairperson, the Board of Trustees shall elect one of its own body to occupy the position temporarily who shall hold the title of chairperson pro tempore of the Board of Trustees. The chairperson and the chairperson pro tempore shall have the same powers and privileges as other members of the Board of Trustees. The chairperson shall cause the ordinances of the Board of Trustees to be printed and published for the information of the inhabitants. The chairperson shall also perform all duties of his or her office in accordance with the laws of the State of Nebraska and the ordinances of the Village. The qualifications for the chairperson shall be the same general qualifications that apply to the members of the Board of Trustees. (Neb. Rev. Stat. §17-202 through 17-210) (Am. by Ord. No. 343, 3/4/96) SECTION 1-208: PUBLIC BODY DEFINED A. “Public body” as used in this article shall mean: 1. The Village Board, 2. All independent boards, commissions, bureaus, committees, councils, subunits, or any other bodies, now or hereafter created by Constitution, statute, ordinance or otherwise pursuant to law, and 3. Advisory committees of the bodies listed above. B. This article shall not apply to subcommittees of such bodies unless a quorum of the public body attends a subcommittee meeting or unless such subcommittees are holding hearings, making policy or taking formal action on behalf of their parent body. (Neb. Rev. Stat. §84-1409(1)) (Ord. No. 161, 9/19/77) (Am. by Ord. Nos. 212, 10/3/83; 306, 2/1/93) SECTION 1-209: MEETINGS DEFINED “Meetings” as used in this article shall mean all regular, special, or called meetings, formal or informal, of a public body for the purposes of briefing, discussion of public business, formation of tentative policy, or the taking of any action. (Neb. Rev. Stat. §841409(2)) (Ord. No. 161, 9/19/77) (Am. by Ord. No. 212, 10/3/83) SECTION 1-210: MEETINGS; PUBLIC; NOTICE; AGENDA; MINUTES A. All public meetings as defined by law shall be open to attendance by the public and shall be held in the public building in which the Village Board usually holds such meetings unless the publicized notice hereinafter required shall designate some other public building or other specified place. B. The advance publicized notice of all public convened meetings shall be simultaneously transmitted to all members of the Village Board and to the public by a method designated by the Board or by the chairman if the Board has not designated a method. Such notice shall contain the time and specific place for each meeting and either an enumeration of the agenda subjects known at the time of the notice or a statement that such an agenda kept continually current shall be readily available for public inspection at the office of the village clerk. Agenda items shall be sufficiently descriptive to give the public reasonable notice of the matters to be considered at the meeting. Except for items of an emergency nature, the agenda shall not be altered later than 24 hours before the scheduled commencement of the meeting or 48 hours before the scheduled commencement of a meeting of the Village Board scheduled outside the corporate limits of the Village. The Board shall have the right to modify the agenda to include items of an emergency nature only at such public meetings. C. The Village Board shall make available at least one current copy of the Open Meetings Act, to be posted in the meeting room at a location accessible to members of the public. At the beginning of each meeting, the public shall be informed about the location of the posted information. D. The minutes of the village clerk shall include the record of the manner and advance time by which the advance publicized notice was given, a statement of how the availability of an agenda of the then known subjects was communicated, the time and specific place of the meetings, and the names of each member of the Village Board present or absent at each convened meeting. The minutes of the Village Board shall be a public record open to inspection by the public upon request at any reasonable time at the office of the village clerk. E. Any official action on any question or motion duly moved and seconded shall be taken only by roll call vote of the Village Board in open session. The record of the village clerk shall show how each member voted or that the member was absent and did not vote. (Neb. Rev. Stat. §84-1408, 84-1409, 84-1411, 84-1413) (Am. by Ord. Nos. 161, 9/19/77; 212, 10/3/83; 267, 11/2/87) SECTION 1-211: MEETINGS; RIGHTS OF PUBLIC A. Subject to the provisions of this article, 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 meetings called pursuant to Section 1125, 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 pictorial or sonic reproduction or in writing. B. 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 nor shall such body require that the name of any member of the public be placed on the agenda prior to such meeting in order to speak about items on the agenda. The body may require any member of the public desiring to address the body to identify himself or herself. C. 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 copy of all reproducible written material to be discussed at an open meeting. D. No public body shall, for the purpose of circumventing the provisions of this article, hold a meeting in a place known by 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 ifs meeting in its traditional meeting place which is located in this State. E. An agency which contracts with municipalities outside the State of Nebraska may hold meetings of any committee outside the State if such meetings are held only in such contracting municipalities. Final action on any agenda item shall only be taken by the agency at a meeting in the State of Nebraska, which meeting shall comply with Neb. Rev. Stat. §84-1408 to §84-1414. (Neb. Rev. Stat. §84-1412, 18-2438) (Ord. No. 161, 9/19/77) (Am. by Ord. Nos. 212, 10/3/83; 248, 10/7/85; 268, 11/2/87) SECTION 1-212: MEETINGS; NOTICE TO NEWS MEDIA The village clerk, secretary, or other designee of each public body shall maintain a list of the news media requesting notification of meetings and shall make reasonable efforts to provide advance notification to them of the time and place of each meeting, and the subjects to be discussed at that meeting. (Neb. Rev. Stat. §84-1411) (Ord. No. 161, 9/19/77) SECTION 1-213: MEETINGS; REGULAR; QUORUM The regular meetings of the Village Board shall be held in the Community Building on the first Monday of each month at the hour of 7:00 P.M. At all meetings of the Board of Trustees a majority of the Board shall constitute a quorum to do business. (Neb. Rev. Stat. §17-204, 17-205, 17-210) SECTION 1-214: MEETINGS; SPECIAL A. Special meetings may be called by the chairperson or by three members of the Board of Trustees, the object of which shall be submitted to the Board in writing. The call and object, as well as the disposition thereof, shall be entered upon the journal by the village clerk. On filing the call for a special meeting, the village clerk shall notify the members of the Board of Trustees of the special meeting, stating the time and its purpose. Notice of a special meeting need not be given to a member of the Board known to be out of the state or physically unable to be present. A majority of the members of the Board of Trustees shall constitute a quorum for the transaction of business but a smaller number may adjourn from day to day and compel the attendance of the absent members. Whether a quorum is present or not, all absent members shall be sent for and compelled to attend. B. At the hour appointed for the meeting, the village clerk shall proceed to call the roll of members and announce whether a quorum is present. If a quorum is present, the Board shall be called to order by the chairperson, if present, or if absent, by the president of the Board. In the absence of both the chairperson and the president of the Board, the members of the Board of Trustees shall elect a president pro tempore. All ordinances passed at any special meeting shall comply with procedures set forth in Chapter 1, Article 4 herein. (Neb. Rev. Stat. §17-204, 17-205) (Ord. No. 249, 10/7/85) SECTION 1-215: MEETINGS; EMERGENCY When it is necessary to hold an emergency meeting without reasonable advance public notice, the nature of the emergency shall be stated in the minutes and any formal action taken in such meeting shall pertain only to the emergency. Such emergency meetings may be held by means of electronic or telecommunication equipment. The provisions of Section 1-212 (Notice to News Media) shall be complied with in conducting emergency meetings. Complete minutes of such emergency meetings specifying the nature of the emergency and any formal action taken at the meeting shall be made available to the public by no later than the end of the next regular business day. (Neb. Rev. Stat. §84-1411) (Ord. No. 161, 9/19/77) (Am. by Ord. No. 212, 10/3/83) SECTION 1-216: MEETINGS; ATTENDANCE REQUIRED; PENALTY In the event any village trustee misses three consecutive regular or special meetings without just cause, such as an emergency or vacation, said trustee will not receive the statutory salary for that quarter. In the event any trustee misses four consecutive regular or special meetings, without just cause such as emergency or vacation, the position shall be declared vacant at the next regular meeting, and the vacancy filled pursuant to Section 1-206 of this code. (Ord. No. 170, 7/3/78) SECTION 1-217: MEETINGS; ORDER OF BUSINESS Promptly at the hour set by law on the day of each regular meeting, the members of the Village Board, the village clerk, the chairperson, and such other village officials that may be required shall take their regular stations in the meeting place and the business of the Village shall be taken up for consideration and disposition in the manner prescribed by the official agenda on file at the office of the village clerk. SECTION 1-218: MEETINGS; PARLIAMENTARY PROCEDURE A. The chairperson shall preserve order during meetings of the Village Board and shall decide all questions of order, subject to an appeal to the Board. When any person is called to order, he/she shall be seated until the point is decided. When the chairperson is putting the question, no person shall leave the meeting room. Every person present, before speaking, shall rise from his/her seat and address himself/herself to the presiding officer and while speaking shall confine himself/herself to the question. When two or more persons rise at once, the chairperson shall recognize the one who spoke first. B. All resolutions or motions shall be reduced to writing before being acted upon, if requested by the village clerk or any member of the Village Board. Every member of the Board who is present when a question is voted upon shall cast his/her vote unless excused by a majority of the board members present. No motion shall be put or debated unless seconded. When seconded, it shall be stated by the chairperson before being debatable. In all cases where a motion or resolution is entered on the minutes, the name of the member of the Village Board making the motion, or resolution shall be entered also. After each vote, the "yeas" and "nays" shall be taken and entered in the minutes upon the request of any member of the Village Board. Before the vote is actually taken, any resolution, motion, or proposed ordinance may be withdrawn from consideration by the sponsor thereof with the consent of the member of the Board seconding the said resolution, motion, or ordinance. C. When, in the consideration of an ordinance, different times or amounts are proposed, the question shall be put on the largest sum or the longest time. A question to reconsider shall be in order when made by a member voting with the majority but such motion to reconsider must be made before the expiration of the third regular meeting after the initial consideration of the question. D. When any question is under debate, no motion shall be made, entertained, or seconded except the previous question, a motion to table, and to adjourn. Each of the said motions shall be decided without debate. E. Any of the rules of the Village Board for meetings may be suspended by a two-thirds vote of the members present. In all cases in which provisions are not made by these rules, Robert's Rules of Order is the authority by which the Village Board shall decide all procedural disputes that may arise. SECTION 1-219: 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 working days, or prior to the next convened meeting, whichever occurs earlier, but the Village may have an additional ten working days if the village clerk is absent due to a serious illness or emergency. (Neb. Rev. Stat. §84-1412, 84-1413) (Ord. No. 161, 9/19/77) SECTION 1-220: MEETINGS; VOTES Any action taken on any question or motion duly moved and seconded shall be by roll call vote of the public body in open session and the record shall state how each member voted or if the member was absent or not voting. The vote to elect leadership within a public body may be taken by secret ballot but the total number of votes for each candidate shall be recorded in the minutes. (Neb. Rev. Stat. §17-616, 84-1413) (Ord. No. 161, 9/19/77) SECTION 1-221: MEETINGS; CLOSED SESSIONS A. Any public body may hold a closed session by the affirmative vote of a majority of its voting members if a closed session is clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual and if such individual has not requested a public meeting. Closed sessions may be held for, but shall not be limited to, such reasons as: 1. Strategy sessions with respect to collective bargaining, real estate purchases, pending litigation or litigation which is imminent as evidenced by communication of a claim or threat of litigation to or by the public body; 2. Discussion regarding deployment of security personnel or devices; 3. Investigative proceedings regarding allegations of criminal misconduct; or 4. Evaluation of the job performance of a person when necessary to prevent needless injury to the reputation of a person and if such person has not requested a public meeting. B. Nothing in this section shall permit a closed meeting for discussion of the appointment or election of a new member to any public body. C. The vote to hold a closed session shall be taken in open session. The vote of each member on the question of holding a closed session, the reason for the closed session, and the time when the closed session commenced and concluded shall be recorded in the minutes. The public body holding such a closed session shall restrict its consideration to matters during the closed portions to only those purposes set forth in the minutes as the reason for the closed session. The meeting shall be reconvened in open session before any formal action may be taken. For purposes of this section, “formal action” shall mean a collective decision or a collective commitment or promise to make a decision on any question, motion, proposal, resolution, order, or ordinance or formation of a position or policy. D. Any member of any public body shall have the right to challenge the continuation of a closed session if the member determines that the session has exceeded the reason stated in the original motion to hold a closed session or if the member contends that the closed session is neither clearly necessary for (1) the protection of the public interest or (2) the prevention of needless injury to the reputation of an individual. Such challenge shall be overruled only by a majority vote of the members of the public body. Such challenge and its disposition shall be recorded in the minutes. E. Nothing in this section shall be construed to require that any meeting be closed to the public. No person or public body shall fail to invite a portion of its members to a meeting and no public body shall designate itself a subcommittee of the whole body for the purpose of circumventing the provisions of this article. No closed session, informal meeting, chance meeting, social gathering, or electronic communication shall be used for the purpose of circumventing the provisions of this article. The provisions of this article shall not apply to chance meetings, or to attendance at or travel to conventions or workshops of members of a public body at which there is no meeting of the body then intentionally convened and there is no vote or other action taken regarding any matter over which the public body has supervision, control, jurisdiction, or advisory power. (Neb. Rev. Stat. §84-1410) (Ord. No. 161, 9/19/77) (Am. by Ord. Nos. 212, 10/3/83; 307, 2/1/93) SECTION 1-222: MEETINGS; VIDEOCONFERENCING, WHEN ALLOWED A. A meeting of an organization created under the Interlocal Cooperation Act or the Municipal Cooperative Financing Act or of the governing board of a risk management pool or advisory committee organized in accordance with the Intergovernmental Risk Management Act may be held by means of videoconferencing if: 1. Reasonable advance publicized notice is given; 2. Reasonable arrangements are made to accommodate the public's right to attend, hear and speak at the meeting, including seating, recording by audio or visual recording devices, and a reasonable opportunity for input such as public comment or questions to at least the same extent as would be provided if videoconferencing was not used; 3. At least one copy of all documents being considered is available to the public at each site of the videoconference; 4. At least one member of the governing body or advisory committee is present at each site of the videoconference; and 5. No more than one-half of the governing body’s or advisory committee's meetings in a calendar year are held by videoconference. B. Videoconferencing shall not be used to circumvent any of the public government purposes established in this article. For purposes of this section, "videoconferencing" shall mean conducting a meeting involving participants at two or more locations through the use of audio-video equipment which allows participants at each location to hear and see each meeting participant at each other's location, including public input. Interaction between meeting participants shall be possible at all meeting locations. (Neb. Rev. Stat. §84-1409, 84-1411) (Ord. No. 385, 4/2/01) SECTION 1-223: MEETINGS; TELECONFERENCING; WHEN ALLOWED A. A meeting of the governing body of a joint entity formed under the Interlocal Cooperation Act or of the governing body of a risk management pool or its advisory committees organized in accordance with the Intergovernmental Risk Management Act may be held by telephone conference call if: 1. The territory represented by the member public agencies of the entity or pool covers more than one county; 2. Reasonable advance publicized notice is given which identifies each telephone conference location at which a member of the entity's or pool's governing body will be present; 3. All telephone conference meeting sites identified in the notice are located w