[Adopted 4-3-2018 by Ord.
No. 2018-10]
In accordance with Neb. RS § 16-247, the ordinances
and certain resolutions of the City of Seward, as codified by General
Code, and consisting of the Charter[1] and Chapters 1 through 410, together with an Appendix, shall be known collectively as the "Municipal Code of the City of Seward," hereafter termed the "Code." Wherever reference is made in any of the ordinances and resolutions contained in the "Municipal Code of the City of Seward" to any other ordinance or resolution appearing in said Code, such reference shall be changed to the appropriate chapter title, chapter number, article number or section number appearing in the Code as if such ordinance or resolution had been formally amended to so read.
[1]
Editor's Note: The Charter is on file in the City offices.
The provisions of the Code, insofar as they are substantively the same as those of the 1976 Code and ordinances and resolutions in force immediately prior to the enactment of the Code by this ordinance, are intended as a continuation of such ordinances and resolutions and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior ordinance or resolution. All such provisions are hereby continued in full force and effect and are hereby reaffirmed as to their adoption by the City Council of the City of Seward, and it is the intention of said City Council that each such provision contained within the Code is hereby reaffirmed as it appears in said Code. Only such provisions of former ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-1.3 below.
Except as provided in § 1-1.4, Enactments saved from repeal; matters not affected, below, all portions of the 1976 Code and ordinances, or parts of such code or ordinances, inconsistent with the provisions contained in the Code adopted by this ordinance are hereby repealed as of the adoption and filing of this ordinance; provided, however, that such repeal shall only be to the extent of such inconsistency, and any valid legislation of the City of Seward which is not in conflict with the provisions of the Code shall be deemed to remain in full force and effect.
The repeal of ordinances provided for in § 1-1.3 of this ordinance shall not affect the following classes of ordinances, rights and obligations, which are hereby expressly saved from repeal:
A.
Any right or liability established, accrued or incurred under any
legislative provision of the City of Seward prior to the effective
date of this ordinance or any action or proceeding brought for the
enforcement of such right or liability.
B.
Any offense or act committed or done before the effective date of
this ordinance in violation of any legislative provision of the City
of Seward or any penalty, punishment or forfeiture which may result
therefrom.
C.
Any prosecution, indictment, action, suit or other proceeding pending
or any judgment rendered prior to the effective date of this ordinance
brought pursuant to any legislative provision of the City of Seward.
D.
Any agreement entered into or any franchise, license, right, easement
or privilege heretofore granted or conferred by the City of Seward.
E.
Any ordinance or resolution of the City of Seward providing for the
laying out, opening, altering, widening, relocating, straightening,
establishing grade, changing name, improvement, acceptance or vacation
of any right-of-way, easement, street, road, highway, park or other
public place within the City of Seward or any portion thereof.
F.
Any ordinance or resolution of the City of Seward appropriating money
or transferring funds, promising or guaranteeing the payment of money
or authorizing the issuance and delivery of any bond of the City of
Seward or other instruments or evidence of the City's indebtedness.
G.
Ordinances or resolutions authorizing the purchase, sale, lease or
transfer of property, or any lawful contract, agreement or obligation.
H.
The levy or imposition of special assessments or charges.
I.
The annexation or dedication of property.
J.
Any ordinance relating to salaries and compensation.
K.
Any ordinance amending the Zoning Map.
L.
Any ordinance relating to or establishing a pension plan or pension
fund for City employees.
M.
Any ordinance or portion of an ordinance establishing a specific
fee amount for any license, permit or service obtained from the City.
N.
Any ordinance adopted subsequent to September 19, 2017.
If any clause, sentence, paragraph, section, article, chapter
or part of this ordinance or of any ordinance or resolution included
in this Code now or through supplementation shall be adjudged by any
court of competent jurisdiction to be invalid, such judgment shall
not affect, impair or invalidate the remainder thereof but shall be
confined in its operation to the clause, sentence, paragraph, section,
article, chapter or part thereof directly involved in the controversy
in which such judgment shall have been rendered.
A copy of the Code, in loose-leaf form, has been filed in the
office of the City Clerk of the City of Seward and shall remain there
for use and examination by the public until final action is taken
on this ordinance; and, if this ordinance shall be adopted, such copy
shall be certified by the City Clerk of the City of Seward by impressing
thereon the Seal of the City of Seward, and such certified copy shall
remain on file in the office of said City Clerk to be made available
to persons desiring to examine the same during all times while said
Code is in effect. The enactment and publication of this ordinance,
coupled with the availability of a copy of the Code for inspection
by the public, shall be deemed, held and considered to be due and
legal publication of all provisions of the Code for all purposes.
Any and all additions, deletions, amendments or supplements
to any of the ordinances and resolutions known collectively as the
"Municipal Code of the City of Seward" or any new ordinances or resolutions,
when enacted or adopted in such form as to indicate the intention
of the City to be a part thereof, shall be deemed to be incorporated
into such Code so that reference to the Code shall be understood and
intended to include such additions, deletions, amendments or supplements.
Whenever such additions, deletions, amendments or supplements to the
Code shall be enacted or adopted, they shall thereafter be published
as amendments and supplements thereto. Nothing contained in this ordinance
shall affect the status of any ordinance or resolution contained herein,
and such ordinances or resolutions may be amended, deleted or changed
from time to time as the City Council deems desirable.
It shall be the duty of the City Clerk to keep up-to-date the
certified copy of the book containing the Code of the City of Seward
required to be filed in the office of the City Clerk for use by the
public. All changes in said Code and all ordinances and resolutions
adopted by the City Council subsequent to the enactment of this ordinance
in such form as to indicate the intention of said City Council to
be a part of said Code shall, when finally enacted or adopted, be
included therein by temporary attachment of copies of such changes,
ordinances or resolutions until such changes, ordinances or resolutions
are published as supplements to said Code book.
Any person who alters or tampers with the Code of the City of Seward in any manner whatsoever which will cause the legislation of the City of Seward to be misrepresented thereby, or who violates any other provision of this ordinance, shall be guilty of an offense and shall, upon conviction thereof, be subject to a penalty as set forth in Chapter 1, Article III, General Penalty, of the Municipal Code.
A.
In compiling and preparing the ordinances and resolutions for publication as the Code of the City of Seward, no changes in the meaning or intent of such ordinances and resolutions have been made, except as provided for in Subsection B hereof. In addition, certain grammatical changes and other minor nonsubstantive changes were made in one or more of said pieces of legislation. It is the intention of the City Council that all such changes be adopted as part of the Code as if the ordinances and resolutions had been previously formally amended to read as such.
B.
In addition, the amendments and/or additions as set forth in Schedule
A attached hereto and made a part hereof are made herewith, to become
effective upon the effective date of this ordinance. (Chapter and
section number references are to the ordinances and resolutions as
they have been renumbered and appear in the Code.)[1]
[1]
Editor's Note: In accordance with § 1-1.10B, the chapters, parts and sections that were added, amended, adopted or deleted by this ordinance are indicated throughout the Code by a footnote referring to Chapter 1, General Provisions, Article I. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, repealed) 4-3-2018 by Ord. No. 2018-10." Schedule A, which contains a complete description of all changes, is on file in the City offices.
