[HISTORY: Adopted by the City Council of
the City of Papillion 12-4-1990 as Ch. 1, Art. 6, of the 1990 Code.
Amendments noted where applicable.]
The Council shall have the responsibility for
making all ordinances, bylaws, rules, regulations and resolutions,
consistent with the laws of the State of Nebraska, as may be necessary
and proper for maintaining the peace, good government and welfare
of the municipality and its trade, commerce and security.
All ordinances shall be passed pursuant to such
rules and regulations as the Council may provide. All ordinances may
be proven by the certificate of the City Clerk under the Seal of the
municipality. The passage, approval and publication or posting of
any ordinance shall be sufficiently proven by a certificate under
the Seal of the City from the City Clerk showing that such ordinance
was passed and approved, and when and in what paper or where the same
was published or posted. The municipal code shall be received as evidence
of the passage and legal publication or posting of its contents in
all courts without further proof.
[Amended 4-15-2003 by Ord. No. 1406; 1-2-2024 by Ord. No. 2018]
All ordinances, resolutions or orders for the
appropriation or payment of money shall require for their passage
or adoption the concurrence of the majority of the members elected
to the Council. Ordinances of a general or permanent nature shall
be read by title on three different days, unless 3/4 of the Council
members vote to suspend this requirement. The requirement that ordinances
be read on three different days shall not be suspended for any ordinance
a) for the annexation of territory, b) for the redrawing of boundaries
for Council election districts or wards, or c) as otherwise provided
by law. If the requirement that ordinances of a general or permanent
nature be read by title on three different days is suspended, the
ordinance shall then be read by title or number and then moved for
final passage. Three-fourths of the members elected to the City Council
may require the reading of any ordinance in full before enactment.
All ordinances of a general nature shall be
published within 15 days of passage in some newspaper in or of general
circulation in the municipality; or by posting a written or printed
copy thereof in each of three public places in the municipality or
by publishing in book or pamphlet form to be distributed or sold.
Every ordinance shall include directions to the City Clerk whether
it shall be published in a newspaper or published in book or pamphlet
form or posted as above described.
The style of all municipal ordinances shall
be:
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BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
CITY OF PAPILLION, NEBRASKA:
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No ordinance shall contain a subject not clearly
expressed in its title.
In the case of riot, infectious or contagious
diseases or other impending danger, failure of a public utility or
other emergency requiring its immediate operation, such ordinance
shall take effect upon the proclamation of the Mayor, and the posting
thereof in at least three of the most public places in the municipality.
Such emergency notice shall recite the emergency and be passed by
a 3/4 vote of the Council and entered upon the City Clerk's minutes.
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 that the ordinance or section
so amended shall be repealed.
Ordinances shall be introduced by members of
the Council in either of the following ways:
A.
With the recognition of the Mayor, a Councilperson
may rise in place and in the presence and hearing of a majority of
the members elected to the Council read aloud the substance of the
proposed ordinance and file a copy of the same with the City Clerk
for future consideration.
B.
With the recognition of the Mayor, a Councilperson
may present the proposed ordinance to the Mayor who, in the presence
and hearing of a majority of the members elected to the Council, shall
read aloud the substance of the same and shall file the same for future
consideration.
[Amended 4-15-2003 by Ord. No. 1406; 1-2-2024 by Ord. No. 2017]
Resolutions and motions shall be introduced
in one of the methods prescribed for the introduction of ordinances.
The issue raised by said resolutions or motions shall be disposed
of in accordance with the usage of parliamentary law adopted for the
guidance of the Council. A majority vote of the elected members of
the Council shall be required to pass any resolution or motion. The
vote on any resolution or motion shall be viva voce and "yeas" and
"nays" thereon shall be recorded by the Clerk if one or more members
of the Council shall request a roll call; provided, however, that
the roll call shall be called at every instance where the matter before
the Council involves directly or indirectly the expenditure of public
funds.
Any person who violates any of the prohibitions
or provisions of any section of this chapter shall be deemed guilty
of a misdemeanor. Unless otherwise specified in the particular section
for which the person stands convicted of violating, the penalty for
such violation shall be in an amount not to exceed $1,000 or imprisonment
for any length of time not to exceed one year, or both such fine and
imprisonment at the discretion of the court.
