[Adopted as Ch. 2, Art. 3, of the 1976 Code; amended 3-6-1979 by Ord. No. 1158; 11-2-1993 by Ord. No. 43-93; 8-2-1994 by Ord. No.
42-94; 1-16-1996 by Ord. No. 47-95; 2-17-2009 by Ord. No. 1-09]
The Planning Commission shall consist of nine 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 of the regular members may be residents of
the area over which the municipality is authorized to exercise extraterritorial
zoning and subdivision regulation. When there is a sufficient number
of residents in the area over which the municipality exercises extraterritorial
zoning and subdivision regulation, one regular member of the Commission
shall be a resident from such area, if it is determined by the City
Council that a sufficient number of residents reside in the area subject
to extraterritorial zoning 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 1,000 residents. The term of each regular
member shall be three years, except that three regular members of
the first Commission shall serve for terms of one year, three for
terms of two years, and three for terms of three years. All regular
members shall hold office until their successors are appointed. Any
member may, after a public hearing before the 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 by the
Mayor for the unexpired portion of the term.
A.Â
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 Neb. RS 19-908. 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 Commission's first meeting in June of each year,
the Commission shall organize by selecting from its membership a Chairman
and Secretary, and they shall review their duties as members 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 the same
with the Municipal Clerk, where they shall be available for public
inspection within 10 working days, or prior to the next convened meeting,
whichever occurs earlier. An additional 10 days shall be allowed for
providing the minutes in the event of the Secretary's serious illness
or an emergency which prevents him/her from writing such minutes.
The Commission shall be funded by the City Council 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 members of
the Commission.
B.Â
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 Commission's 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 City Council within 60
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.
C.Â
No member
of the City Council 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.
The Mayor, with the approval of a majority vote of the elected
members of the City Council, shall appoint one 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 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.
(Neb. RS 19-924 through 19-929)