14-211. Ordinances; when effective; repeal by referendum; procedure.

386 words·~2 min read·/ne/chapter-14/14-211

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)(a) No ordinance passed by the city council of a city of the metropolitan class, except when otherwise required by the general laws of the state, by other provisions of sections 14-201 to 14-229 , or as provided in subdivision (1)(b) of this section, shall go into effect before fifteen days from the time of its final passage.

(b)An ordinance passed by the city council of a city of the metropolitan class may take effect sooner than fifteen days from the time of its final passage if the ordinance is:

(i)For the appropriation of money to pay the salary of officers or employees of the city other than salaries of the mayor and city council members; or

(ii)An emergency ordinance that is for the preservation of the public peace, health, or safety and that contains a statement of such emergency.

(2)(a) If during such fifteen days a petition, signed and verified as provided in this section by electors of the city equal in number to at least fifteen percent of the highest number of votes cast for any city council member at the last preceding general election, protesting against the passage of such ordinance, shall be presented to the city council, then such ordinance shall be suspended from going into operation, and it shall be the duty of the city council to reconsider such ordinance.

(b)If such ordinance is not repealed by the city council, then the city council shall proceed to submit to the voters such ordinance at a special election to be called for such purpose or at a general election, and such ordinance shall not go into effect or become operative unless a majority of the qualified electors voting on such ordinance shall vote in favor of the question.

(3)Such petition shall be in all respects in accordance with the provisions of section 14-212 relating to signatures, verification, inspection, and certification.

Where no referendum petition is filed as prescribed herein, it appears under the express terms of the statute that no action was taken to delay the effectiveness of the ordinance. State ex rel. Andersen v. Leahy, 189 Neb. 92, 199 N.W.2d 713 (1972).

Referendum did not apply to ordinance establishing location of city auditorium. State ex rel. Ballantyne v. Leeman, 149 Neb. 847, 32 N.W.2d 918 (1948).