11/30/2011 Special Meeting
FRIEND
MINUTES-SPECIAL MEETING
November 30, 2011
Mayor Vossler called the special meeting of the City Council to order at 5:00 p.m. at the City Hall. Advanced notice of the meeting was given by posting notice in three prominent places within the community. All proceedings shown were taken while the meeting was open to the attendance of the public.
Mayor, Jim Vossler, presided and City Clerk, Debbie Gilmer, recorded the proceedings. The following Councilmembers were present: Harlan Schrock, Dale Lawver, Dan Drake, and Stanley Krause. Attorney Mike Mullally was also in attendance. A quorum being present and the meeting duly convened, the following proceedings were had and done.
As required by the Nebraska Open Meetings Act, Mayor Vossler announced that a copy of the Nebraska Open Meetings Act has been posted on the south door of the City Hall meeting room for all in attendance to review.
Mayor Vossler announced that public comments would be received at this time. No comments offered.
As question and uncertainty was brought to Attorney Mullally’s attention of the validity of Council’s action at their November 21, 2011 special meeting adopting Ordinance No. 11-724 relating to a tax anticipation note for certain operating expenses of Warren Memorial Hospital, Mr. Mullally researched and reviewed 17-614 of the Nebraska State Statutes. According to Mr. Mullally’s findings, as per 17-614 of the statutes, ordinances dealing with appropriation or payment of money are required to be passed by a majority of all members elected to the Council. Given that two members of the Council cast “yes” votes, one member voted “no”, and one abstained, the requirement of being passed by a majority of all members elected to the Council was not met. Therefore, Ordinance No. 11-724 did not pass at the November 21, 2011 meeting.
Attorney Mullally addressed various concerns of Council relating to the adoption of Ordinance No. 11-724.
After discussion and clarification of certain issues from Attorney Mullally, Mayor Vossler read by title Ordinance #11-724. Councilman Drake moved that the statutory rule requiring reading on three different days be suspended. Councilman Krause seconded the motion and upon roll call, voting on the motion was as follows: members voting aye, Schrock, Lawver, Krause, Drake, members voting nay, none. The motion to suspend the rule was adopted by at least three-fourths of the Council and the statutory rule requiring reading on three different days was declared suspended for consideration of Ordinance #11-724.
ORDINANCE NO. 11-724
AN ORDINANCE AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF A TAX ANTICIPATION NOTE OF THE CITY OF FRIEND, NEBRASKA IN THE MAXIMUM PRINCIPAL AMOUNT OF $290,342 TO PROVIDE FINANCING FOR CERTAIN OPERATING EXPENSES OF WARREN MEMORIAL HOSPITAL; PRESCRIBING THE FORM AND DETAILS OF THE NOTE; COVENANTING TO PAY SUCH NOTE FROM THE REVENUES OF WARREN MEMORIAL HOSPITAL AND, IF NECESSARY, TO LEVY TAXES IN AMOUNTS SUFFICIENT TO PAY THE PRINCIPAL AND INTEREST ON THE NOTE; PROVIDING FOR THE PUBLICATION OF THIS ORDINANCE IN PAMPHLET FORM AND RELATED MATTERS
Motion to adopt Ordinance #11-724 was made by Drake, seconded by Schrock. On roll call voting aye, Krause, Lawver, Schrock, and Drake. Nays none. Motion carried. Ordinance No. 11-724 adopted this 30th day of November, 2011.
No further business to come before the City Council, motion was made by Schrock, seconded by Krause, to adjourn the meeting. On roll call voting aye, Drake, Lawver, Krause, and Schrock. Nays none. Motion carried. Meeting adjourned at 5:22 p.m.