City of Seward, NE Adoption of Code

[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.

§ 1-1.2 Continuation of existing provisions.

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 Only such provisions of former ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of § 1-1.3 below.

§ 1-1.3 Repeal of inconsistent enactments.

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of such code or ordinances, inconsistent with the provisions contained in the Code adopted by this ordinance are hereby repealed as of the adoption and filing of this ordinance; provided, however, that such repeal shall only be to the extent of such inconsistency, and any valid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.

§ 1-1.4 Enactments saved from repeal; matters not affected.

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:

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.

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.

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.

Any agreement entered into or any franchise, license, right, easement or privilege heretofore granted or conferred by the City of Seward.

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.

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.

Ordinances or resolutions authorizing the purchase, sale, lease or transfer of property, or any lawful contract, agreement or obligation.

The levy or imposition of special assessments or charges.

The annexation or dedication of property.

Any ordinance relating to salaries and compensation.

Any ordinance amending the Zoning Map.

Any ordinance relating to or establishing a pension plan or pension fund for City employees.

Any ordinance or portion of an ordinance establishing a specific fee amount for any license, permit or service obtained from the City.

Any ordinance adopted subsequent to September 19, 2017.

§ 1-1.5 Severability.

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.

§ 1-1.6 Copy of Code on file.

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.

§ 1-1.7 Amendments to Code.

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.

§ 1-1.8 Code to be kept up-to-date.

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.

§ 1-1.9 Penalties for tampering with Code.

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.

§ 1-1.10 Changes in previously adopted legislation; new provisions.

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.

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.