Article 6. Ordinances
Article 6. Ordinances
§1-601 ORDINANCES; GRANT OF POWER. The Governing Body shall have the responsibility of making all ordinances, bylaws, rules regulations, and resolutions, not inconsistent with the laws of the State of Nebraska, as may be necessary and proper for maintaining the peace, good government, and welfare of the Municipality and its trade, commerce, and security. (Ref. 17-505 RS Neb.)
§1-602 ORDINANCES; RULES AND REGULATIONS. All ordinances shall be passed pursuant to such rules and regulations as the Council may provide. All ordinances may be proven by the certificate of the Municipal Clerk under the seal of the Municipality. The passage, approval, and publication or posting of any ordinance shall be sufficiently proven by a certificate under the seal of the City from the Clerk showing that such ordinance was passed and approved, and when and in what paper the same was published. The Municipal Code shall be received as evidence of the passage and legal publication of its contents in all courts without further proof. (Ref. 17-615 RS Neb.)
§1-603 ORDINANCES, RESOLUTIONS, ORDERS, BYLAWS; READING; PASSAGE. Ordinances of a general or permanent nature shall be red by title on three (3) different days unless three-fourths (3/4) of the Governing Body vote to suspend this requirements, except that such requirement shall not be suspended for any ordinance for the annexation of territory. In case such requirement is suspended, the ordinance shall be read by title and then moved for final passage. Three-fourths (3/4) of the Governing Body may require a reading of any ordinance in full before enactment under either procedure set out in this section. All ordinances and resolutions or orders for the appropriation or payment of money shall require for their passage or adoption the concurrence of a majority of all members elected to the Governing Body. On the passage or adoption of every bylaw or ordinance, and every resolution or order to enter into a contract by the Governing Body, the yeas and nays shall be called and recorded. To pass or adopt any bylaw, ordinance, or any such resolution or order, a concurrence of a majority of the whole number of members elected to the Governing Body shall be required. All appointments of the officers by the Governing Body shall be made viva voce; and the concurrence of a like majority shall be required, and the names of those, and for whom they voted, on the vote resulting in an appointment, shall be recorded. The requirements of a roll call or viva voce vote shall be satisfied by a Municipality which utilizes an electronic voting device which allows the yeas and nays of each member of the Governing Body to be readily seen by the public. (Ref. 17-614, 17-616 RS Neb.) (Ord. #95-105; Amended: Ord. #97-110)
§1-604 ORDINANCES; PUBLICATION OR POSTING. All ordinances of a general nature shall, before they take effect, be published one (1) time, within fifteen (15) days after they are passed:
(1) In some newspaper published in the Municipality or, if no paper is published in the Municipality, then by posting a written or printed copy in each of three (3) public places in the Municipality; or
(2) In book or pamphlet form. (Ref. 17-613 RS Neb.) (Amended: Ord. #97-111)
§1-605 ORDINANCES; PROOF OF PUBLICATION. The publisher of any newspaper in which any ordinance, resolution, or legal notice may be published shall, within ten (10) days after such publication, file with the Municipal Clerk a proof of publication, in the form of an affidavit, together with twelve (12) printed copies thereof. No warrant in payment for the publication of any ordinance, resolution, or legal notice published for the Municipality shall be issued until proof of publication and twelve (12) printed copies thereof shall be filed in the office of the Municipal Clerk.
§1-606 ORDINANCES; STYLE. The style of all Municipal ordinances shall be: "Be it ordained by the Mayor and Council of the City of Falls City, Nebraska." (Ref. 17-613 RS Neb.)
§1-607 ORDINANCES; TITLE. No ordinance shall contain a subject not clearly expressed in its title. (Ref. 17-614 RS Neb.)
§1-608 ORDINANCES; EFFECTIVE DATE; EMERGENCY ORDINANCES. (1) Except as provided in subsection (2) of this section, an ordinance for the government of the Municipality which has been adopted by the Governing Body without submission to the voters of the Municipality shall not go into effect until fifteen (15) days after the passage and the ordinance. (2) In the case of riot, infectious or contagious diseases, or other impending danger, failure of a public utility, or any other emergency requiring its immediate operation, an ordinance shall take effect upon the proclamation of the Mayor and the posting thereof in at least three (3) of the most public places in the Municipality. Such emergency ordinance shall recite the emergency, be passed by a three-fourths (3/4) vote of the Governing Body, and be entered of record on the Municipal Clerk's minutes. (Ref. 17-613, 19-3701 RS Neb.) (Amended: Ord. #97-112)
§1-609 ORDINANCES; AMENDMENTS AND REVISIONS. No ordinance or section thereof shall be revised or amended unless the new ordinance contains the entire ordinance or section as revised or amended and the ordinance or section so amended is repealed, except that an ordinance revising all the ordinances of the Municipality and modifications to zoning or building districts may be adopted as otherwise provided by law. (Ref. 17-614 RS Neb.) (Amended: Ord. #97-113)
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