City of Rushville Ordinance No. 17-787

AN ORDINANCE RELATING TO the City Planning Commission; to lessen membership; to repeal conflicting ordinances and sections; to provide an effective date.

BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF RUSHVILLE IN THE COUNTY OF SHERIDAN, STATE OF NEBRASKA:

Section 1. Section 2-901 of the Municipal Code of Rushville, Nebraska, is amended to read as follows: PLANNING COMMISSION.

(1) The Planning Commission shall consist of five (5) regular members who shall represent, insofar as is possible, the different professions or occupations n 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 City Council 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 five hundred (500) residents. The term of each regular member shall be three (3) years, except that two (2) regular members of the first Commission shall serve for terms of one (1) year, two (2) for terms of two (2) years, and one (1) for a term 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 R.R.S. Neb. All members of the Commission may be required, in the discretion of the City Council, to give bond in a sum set by resolution of the Council, and conditioned upon the faithful performance of their duties. The Commission shall elect its Chairperson and a Secretary from its members and create and fill such other of its offices as it may determine. The term of the Chairperson and the Secretary shall be one (1) year, and they shall be eligible for reelection. No member of the Commission shall serve in the capacity as both Chairperson and Secretary of the Commission . It shall be the duty of the Secretary to keep the full and correct minutes and records of all meetings and to file them with the Municipal Clerk where they shall be available for public inspection during office hours. The Commission shall be funded by the City Council from time to time out of the General Fund. The expenditures of the Commission, exclusive of gifts, shall be within the amounts appropriated for that purpose by the City Council; and no expenditures nor agreements for expenditures shall be valid in excess of such amounts. 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. The Commission shall hold at least one regular meeting in each calendar quarter, except the City Council may require the Commission to meet more frequently and the Chairperson of the Commission may call for a meeting when necessary to deal with business pending before the Commission. Special meetings may also be held upon the call of any three (3) members of the Commission. The Commission shall adopt rules and regulations of the transaction of business and shall keep a record of its resolutions, transactions, findings, and determinations, which shall be a public record. The Commission shall make and adopt plans for the physical development of the Municipality, including any areas outside its boundaries which, in the Commission’s judgment, bear relation to the planning of the Municipality, and shall carry out the other duties and exercise the powers specified in Section 19-929 R.R.S Neb. All actions by the Commission shall be subject to the review and supervision of the Mayor and City Council. The Commission shall make its recommendations to the City Council so that they are received by the City Council within sixty (60) says 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 City Council may, from time to time, designate.

(3) The Mayor, with approval of a majority vote of the elected Members of the City Council, may 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 R.S. Neb.) (Amended by Ord. Nos. 603, 7-28-94; 617, 5-30-95; 629, 3-25.,96; 679, 11-30-98; 17-787, 11-27-17) .

Section 2. Any other ordinance or section passed and approved prior to passage, approval, and publication or posting of this ordinance and in conflict with its provisions is repealed.

Section 3. This ordinance shall take effect and be in full force from and after its passage, approval and publication or posting as required by law.

PASSED AND APPROVED this 27th day of November, 2017.

CITY OF RUSHVILLE

/s Chris Heiser

Mayor

ATTEST: /s/ Connie Roffers

City Clerk

Published: December 6, 2017