Pursuant to Neb. R.R.S. § 16-247, the codification of a complete body of legislation and Municipal Code for the City of Papillion, County of Sarpy, State of Nebraska, as revised, codified and consolidated into chapters, articles and sections by General Code Publishers Corp., and consisting of Chapters
1 through
205, together with an Appendix, are hereby approved, adopted, ordained and enacted as a single ordinance of the City of Papillion, which shall be known and is hereby designated as the "Code of the City of Papillion," hereinafter referred to as the "Code."
The provisions of this Code, insofar as they are substantively the same as those of ordinances and resolutions in force immediately prior to the enactment of 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 Papillion, and it is the intention of said City Council that each such provision contained within the Code is hereby reenacted and 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 Only such provisions of former ordinances as are omitted from this Code shall be deemed repealed or abrogated by the provisions of §
1-3 below, and only new or changed provisions, as described in §
1-6 below, shall be deemed to be enacted from the effective date of this Code, as provided in §
1-15 below.
All ordinances or parts of ordinances of a general and permanent nature adopted by the City of Papillion and in force on the date of the adoption of this Code and not contained in the Code are hereby repealed as of the effective date given in §
1-15 below, except as hereinafter provided, including the 1990 Code.
The adoption of this Code and the repeal of ordinances provided for in §
1-3 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal; provided, however, that the repeal of ordinances pursuant to §
1-3 or the saving from repeal of ordinances pursuant to this section shall not be construed so as to revive any ordinance previously repealed, superseded or no longer of any effect:
A. Any ordinance adopted subsequent to 4-1-1999.
B. Any right or liability established, accrued or incurred
under any legislative provision of the city prior to the effective date of
this ordinance or any action or proceeding brought for the enforcement of
such right or liability or any cause of action acquired or existing.
C. Any offense or act committed or done before the effective
date of this ordinance in violation of any legislative provision of the city
or any penalty, punishment or forfeiture which may result therefrom.
D. 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.
E. Any franchise, license, right, easement or privilege
heretofore granted or conferred by the city or any lawful contract, obligation
or agreement.
F. Any ordinance appropriating money or transferring funds,
promising or guaranteeing the payment of money or authorizing the issuance
and delivery of any bond of the city or other instruments or evidence of the
city's indebtedness.
G. Any ordinance adopting an annual budget or establishing
an annual tax rate.
H. Any ordinance providing for the levy, imposition or collection
of special taxes, assessments or charges.
I. Any ordinance authorizing the purchase, sale, lease or
transfer of property or acquiring property by acceptance of deed, condemnation
or exercise of eminent domain.
J. Any ordinance annexing land to the city.
K. Any ordinance providing for or requiring the construction
or reconstruction or opening of sidewalks, curbs and gutters.
L. Any ordinance or part of an ordinance providing for laying
out, opening, altering, widening, relocating, straightening, establishing
grade, changing name, improvement, acceptance or vacation of any right-of-way,
easement, street, road, highway, sidewalk, park or other public place or property
or designating various streets as public highways.
M. Any ordinance establishing water, sewer or other special
purpose districts and designating the boundaries thereof; providing for a
system of sewers or water supply lines; or providing for the construction,
extension, dedication, acceptance or abandonment of any part of a system of
sewers or water supply lines.
N. Any ordinance providing for the making of public improvements.
O. Any ordinance providing for the salaries and compensation
of officers and employees of the city or setting the bond of any officer or
employee.
P. Any ordinance concerning changes and amendments to the
Zoning Map.
Q. Any ordinance relating to or establishing a pension plan
or pension fund for municipal employees.
R. Any ordinance or portion of an ordinance establishing
a specific fee amount for any license, permit or service obtained from the
city, including water and sewer rates.
All ordinances of a general and permanent nature adopted subsequent to the date given in §
1-4A and/or prior to the date of adoption of this ordinance are hereby deemed to be a part of the Code and shall, upon being printed, be included therein. Attested copies of all such ordinances shall be temporarily placed in the Code until printed supplements are included.
In interpreting and applying the provisions of the Code, they shall
be held to be the minimum requirements for the promotion of the public health,
safety, comfort, convenience and general welfare. Where the provisions of
the Code impose greater restrictions or requirements than those of any statute,
other ordinance, resolution or regulation, the provisions of the Code shall
control. Where the provisions of any statute, other ordinance, resolution
or regulation impose greater restrictions or requirements, the provisions
of such statute, other ordinance, resolution or regulation shall control.
A copy of the Code in a post-bound volume shall be filed in the office
of the City Clerk and shall remain there for use and examination by the public.
Upon adoption, such copy shall be certified to by the City Clerk, and such
certified copy shall remain on file in the office of the City Clerk, available
to persons desiring to examine the same during all times while said Code is
in effect.
Any and all additions, deletions, amendments or supplements to the Code,
when passed and adopted in such form as to indicate the intention of the City
Council 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 changes. Whenever such additions, deletions, amendments or supplements
to the Code shall be adopted, they shall thereafter be printed and, as provided
hereunder, inserted in the post-bound book containing said Code as amendments
and supplements thereto.
It shall be the duty of the City Clerk or someone authorized and directed
by him or her to keep up-to-date the certified copies of the book containing
the Code required to be filed in the office of the City Clerk for the use
of the public. All changes in said Code and all legislation adopted by the
City Council subsequent to the effective date of this codification which the
City Council shall adopt specifically as part of the Code shall, when finally
adopted, be included therein by reference until such changes or new legislation
are printed as supplements to said Code books, at which time such supplements
shall be inserted therein.
The City Clerk shall cause to be published or posted in the manner required
this ordinance adopting the Code. The enactment and application of this ordinance,
coupled with the publication or posting, 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.
It shall be unlawful for anyone to improperly change or amend, by additions
or deletions, or to alter or tamper with the Code or any part or portion thereof,
in any manner whatsoever, which will cause the law of the city to be misrepresented
thereby. 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.
The provisions of this ordinance and of the Code adopted hereby are
severable, and if any clause, sentence, subsection, section, article, chapter
or part thereof shall be adjudged by any court of competent jurisdiction to
be illegal, invalid or unconstitutional, such judgment or decision shall not
affect, impair or invalidate the remainder thereof but shall be confined in
its operation and application to the clause, sentence, subsection, section,
article, chapter or part thereof rendered illegal, invalid or unconstitutional.
It is hereby declared to be the intent of the City Council that this ordinance
and the Code would have been adopted if such illegal, invalid or unconstitutional
clause, sentence, subsection, section, article, chapter or part thereof had
not been included therein.
This ordinance shall be in full force and effect 15 days after its passage.
The City Clerk is directed to effectuate the publication of the ordinance
for at least one week in a newspaper of general circulation within the City
of Papillion, which publication must take place within 15 days of the passage
of the ordinance by City Council.