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ORDINANCES, RESOLUTIONS AND MOTIONS
In addition to its special powers, the village shall have the power to make all ordinances, bylaws, rules, regulations and resolutions, not inconsistent with the laws of the state, as may be expedient for maintaining the peace, good government and welfare of the village and its trade and commerce and to enforce all ordinances by inflicting fines or penalties for the breach thereof, not exceeding $500 for any one offense, recoverable with costs.
(Neb. RS 17-505)
Statutory reference:
Adoption of standard codes, see Neb. RS 18-132 and 19-922
Prosecution in county court, see Neb. RS 25-2703
(A) Unless the Board of Trustees has specified other procedures, resolutions and motions shall be introduced in one of the methods prescribed in § 30.22 for the introduction of ordinances. 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 Board of Trustees.
(B) 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.
Unless the Board of Trustees has specified other procedures, ordinances shall be introduced by members of the Board of Trustees in one of the following ways:
(A) With the recognition of the Chairperson, a member may, in the presence and hearing of a majority of the members elected to the Board of Trustees, read aloud the substance of the proposed ordinance and file a copy with the Village Clerk-Treasurer for future consideration; or
(B) With the recognition of the Chairperson, a member may present the proposed ordinance to the Clerk-Treasurer who, in the presence and hearing of a majority of the members elected to the Board of Trustees, shall read aloud the substance of the ordinance and file it for future consideration.
(A) The style of all village ordinances shall be: “Be it ordained by the Chairperson and Board of Trustees of the Village of __________, Nebraska:....”
(Neb. RS 17-613)
(B) No ordinance shall contain a subject which is not clearly expressed in the title.
(Neb. RS 17-614)
(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 all elected members of the Board of Trustees. Ordinances of a general or permanent nature shall be read by title on three different days unless three-fourths of the Board of Trustees vote to suspend this requirement. Such requirement shall not be suspended for any ordinance for the annexation of territory, or the redrawing of boundaries for Village Board of Trustees election districts or wards or as otherwise provided by law. In case this requirement is suspended, the ordinance shall be read by title and then moved for final passage. Three-fourths of the Board of Trustees may require a reading of any such ordinance in full before enactment under either procedure set out in this section.
(Neb. RS 17-614)
(B) On the passage or adoption of every bylaw or ordinance, and every resolution or order to enter into a contract by the Board of Trustees, 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 Board of Trustees shall be required. All appointments of the officers by the Board of Trustees 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 village which utilizes an electronic voting device which allows the yeas and nays of each member of the Board of Trustees to be readily seen by the public.
(Neb. RS 17-616)
Statutory reference:
Adjustments to boundaries of election districts, see Neb. RS 17-614
All ordinances of a general nature shall, before they take effect, be published within 15 days after they are passed:
(A) In legal newspaper in or of general circulation in the village or, if no paper is published in the village, then by posting a written or printed copy in each of three public places in the village; or
(B) In book, pamphlet or electronic form.
(Neb. RS 17-613)
Statutory reference:
Additional provisions, see Neb. RS 18-131
Chairperson of Board of Trustees; duties, see Neb. RS 17-210
The passage, approval and publication or posting of an ordinance shall be sufficiently proved by a certificate under the seal of the village from the Village Clerk-Treasurer 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.
(Neb. RS 17-613)
Statutory reference:
Passage; rules and regulations, see Neb. RS 17-615
(A) Except as provided in § 30.25 and division (B) below, an ordinance for the government of the village which has been adopted by the Board of Trustees without submission to the voters of the village shall not go into effect until 15 days after the passage of the ordinance.
(Neb. RS 19-3701)
(B) 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 Chairperson and the posting thereof in at least three of the most public places in the village. The emergency ordinance shall recite the emergency, be passed by a three-fourths’ vote of the Board of Trustees and be entered of record on the Village Clerk-Treasurer’s minutes.
(Neb. RS 17-613)
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