Article 6. Ordinances

§1-601   Falls City Code   §1-603

Article 6. Ordinances
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.)
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.)
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)
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.