Article 6. Ordinances, Resolutions, and Motions

§1-601                ORDINANCES, RULES, AND RESOLUTIONS; GRANT OF POWER. The Governing Body may make all ordinances, bylaws, rules, regulations, and resolutions, not inconsistent with the laws of the State of Nebraska, as may be expedient for maintaining the peace, good government, and welfare of the Municipality and its trade, commerce, and manufactories. (Ref 17-505 RS Neb.)

§1-602               ORDINANCES; INTRODUCTION. Ordinances shall be introduced by members of the Governing Body in one of the following ways:


             a.          With the recognition of the Mayor, a member may, in the presence and hearing of a majority of the members elected to the Governing Body, read aloud the substance of the proposed ordinance and file a copy with the Municipal Clerk for future consideration; or

             b.          With the recognition of the Mayor, a member may present the proposed ordinance to the Clerk who, in the presence and hearing of a majority of the members elected to the Governing Body, shall read aloud the substance of the ordinance and file it for future consideration.

§1-603               RESOLUTIONS AND MOTIONS; PROCEDURE. 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 (1) time in the presence and hearing of a majority of the members elected to the Governing Body. The issue raised by the resolution or motion shall be disposed of in accordance with the usage of parliamentary law adopted for the guidance of the Governing Body. A majority vote shall be required to pass any resolution or motion. The vote on any resolution or motion shall be by roll call vote.


§1-604               ORDINANCES; STYLE. The style of all Municipal ordinances shall be: “Be it ordained by the Mayor and Council of the City of Henderson, Nebraska.”(Ref 17-613 RS Neb.)

§1-605               ORDINANCES; TITLE. No ordinance shall contain a subject which is not clearly expressed in the title. (Ref 17-614 RS Neb.)

§1-606               ORDINANCES, RESOLUTIONS, ORDERS, BYLAWS, READING; PASSAGE. Ordinances of a general or permanent nature shall be read by title on three (3) different days unless three-fourths (3/4) of the Governing Body vote 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 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.)

§1-607               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.)

§1-608                ORDINANCES; CERTIFICATE OF PUBLICATION OR POSTING. The passage, approval, and publication or posting of an ordinance shall be sufficiently proved by a certificate under the Seal of the Municipality from the Municipal Clerk showing that the ordinance was passed and approved, and when and in what paper the ordinance was published, or when and by whom and where the ordinance was posted. (Ref. 17-613,17-615 RS Neb.)

§1-609               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 of 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 Clerk̓s minutes. (Ref 17-613,19-3701 RS Neb.)

§1-610               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.)