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Article 4 - Ordinances, Resolutions, and Motions

Article 4 – Ordinances, Resolutions, and Motions

SECTION 1-401:  GRANT OF POWER

SECTION 1-402:  ORDINANCES; STYLE

SECTION 1-403:  ORDINANCES; TITLE; AMENDMENTS AND REVISIONS

SECTION 1-404:  ORDINANCES; INTRODUCTION

SECTION 1-405:  ORDINANCES; reading and PASSAGE; mayor’s veto

SECTION 1-406:  ORDINANCES; PUBLICATION OR POSTING; CERTIFICATE; PAMPHLET FORM

SECTION 1-407:  ORDINANCES; EFFECTIVE DATE

SECTION 1-408:  EMERGENCY ORDINANCES

SECTION 1-409:  RESOLUTIONS AND MOTIONS

 

 

 

 

SECTION 1-401:  GRANT OF POWER

    The City Council 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 city and its trade, commerce, and manufactories and to enforce all ordinances by inflicting fines or penalties for the breach thereof, not exceeding $500.00 for any one offense, recoverable with costs.  (Neb. Rev. Stat. §17-505)

 

SECTION 1-402:  ORDINANCES; STYLE

 

    The style of all ordinances shall be: "Be it ordained by the Mayor and City Council of the City of Grant, Nebraska…"  (Neb. Rev. Stat. §17-613) (Am. Ord. No. 00-4, 2/8/00)

 

SECTION 1-403:  ORDINANCES; TITLE; AMENDMENTS AND REVISIONS

 

    A. No ordinance shall contain a subject not clearly expressed in its title.

 

    B. 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contains the entire ordinance or section as revised or amended and the ordinance or section so amended shall be repealed, except that an ordinance revising all the ordinances of the city and modifications to zoning building districts may be adopted as otherwise provided by law.  (Neb. Rev. Stat. §17-614) (Am. Ord. No. 00-4, 2/8/00)

 

SECTION 1-404:  ORDINANCES; INTRODUCTION

 

    Ordinances shall be introduced in either of the following ways:

 

    A. With the recognition of the mayor, a council member may, in the presence and hearing of a majority of the City Council, read aloud the substance of his or her pro­posed ordinance and file a copy of the same with the city clerk for future consideration; or

 

    B. With the recognition of the mayor, a council member may present his or her proposed ordinance to the clerk who, in the presence and hearing of a majority of the council, shall read aloud the substance of the same and shall file the same for future consideration.  (Neb. Rev. Stat. §§17-614, 17-616)

 

SECTION 1-405:  ORDINANCES; reading and PASSAGE; mayor’s veto

 

    A. 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 the City Council.  The mayor may vote when his or her vote would provide the additional vote required to attain the number of votes equal to a majority of the number of members elected to the council (quorum), and the mayor shall, for the purpose of such vote, be deemed to be a member of the council.

    

    B. Ordinances of a general or permanent nature shall be read by title on three different days unless three-fourths of the council votes to suspend this requirement, except that such requirement shall not be suspended for any ordinance for the annexation of territory.  In case such requirement is suspended, the ordinances shall be read by title and then moved for final passage.  Three-fourths of the council may require a reading of any such ordinance in full before enactment under either procedure set out in this section.

 

    C. The mayor shall have power to veto or sign any ordinance passed by the City Council and to approve or veto any order, bylaw, resolution, award of or vote to enter into any contract, or the allowance of any claim.  If the mayor approves the ordinance, order, bylaw, resolution, contract, or claim, he or she shall sign it and it shall become effective.  If the mayor vetoes the ordinance, order, bylaw, resolution, contract, or any item or items of appropriations or claims, he or she shall return it to the City Council, stating that the measure is vetoed.  The mayor may issue the veto at the meeting at which the measure passed or within seven calendar days after the meeting.  If the mayor issues the veto after the meeting, he or she shall notify the city clerk of the veto in writing.  The clerk shall notify the City Council in writing of the mayor's veto.  Any ordinance, order, bylaw, resolution, award of or vote to enter into any contract or the allowance of any claim vetoed by the mayor may be passed over his or her veto by a vote of two-thirds of the members of the council.  If the mayor neglects or refuses to sign any ordinance, order, bylaw, resolution, award of or vote to enter into any contract, or the allowance of any claim but fails to veto the measure within the time required by this section, the measure shall become effective without his or her signature.  The mayor may veto any item or items of any appropriation bill or any claims bill and approve the remainder thereof, and the item or items vetoed may be passed by the council over the veto as in other cases.  (Neb. Rev. Stat. §§17-111, 17-614) (Am. Ord. Nos. 00-4, 2/8/00; 16-01-01, 2/9/16)

 

SECTION 1-406:  ORDINANCES; PUBLICATION OR POSTING; CERTIFICATE; PAMPHLET FORM

 

    A. All ordinances of a general nature shall be published one time within 15 days after passage in a newspaper published in the city or, if no paper is published in the city, then by posting a written or printed copy thereof in each of three public places in the city­.

 

    B. The passage, approval, and publi­cation or posting of all ordinances shall be sufficiently proven by a certificate under the seal of the city from the city clerk, showing that the said ordinance was passed and approved, when and in what paper the same was pub­lished or when, by whom, and where the same was posted.

 

    C. When an ordinance is printed in book or pamphlet form, purporting to be published by authority of the City Council, the same need not be otherwise published and such book or pamphlet shall be received as evidence of the passage and legal publication of such ordinance as of the date mentioned in such book or pamphlet.  (Neb. Rev. Stat. §17-613)

 

SECTION 1-407:  ORDINANCES; EFFECTIVE DATE

 

    All ordinances for the government of the city, adopted by the voters after submission to them by either initiative or referendum petition, shall become immediately effective thereafter; but no ordinance for the government of the city which has been adopted without submission to the voters shall go into effect until 15 days after the passage of such ordinance except as provided in Neb. Rev. Stat. §17-613.  (Neb. Rev. Stat. §19-3701)

 

SECTION 1-408:  EMERGENCY ORDINANCES

 

    An ordinance passed in the case of riot, infectious or contagious diseases or other impending danger, fail­ure of a public utility, or other emergency requiring its immediate operation shall take effect upon the proclamation of the mayor and the posting the­reof in at least three of the most public places in the city.  Such emergency notice shall recite the emergency, shall be passed by a three-fourths vote of the City Council, and shall be entered of record upon the city clerk's minutes.  (Neb. Rev. Stat. §§17-613, 19-3701)

 

SECTION 1-409:  RESOLUTIONS AND MOTIONS

 

    Resolutions and motions shall be introduced in one of the methods prescribed for the introduction of ordinances.  After their introduction, they shall be fully and distinctly read one time in the presence and hearing of a majority of the City Council.  The issue raised by any such resolution or motion shall be disposed of in accordance with the usage of parliamentary law adopted for the guidance of the council.  A majority vote shall be required to pass any resolution or motion; and the mayor may vote in case of a tie.  The vote on any resolution or motion shall be by roll call vote.  (Neb. Rev. Stat. §17-616) (Am. Ord. No. 00-4, 2/8/00)