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ORD 38897 - Declare emergency to conduct special election for recall of elected official OF Qt,0H,A,NFe� :A`,'.41'A Law Department • ~~ ��� �L i_ ,, °"" Omaha/Douglas Civic Center 0 Cl 1►i 47, f 1819 Farnam Street Suite 804 °�; r' ro 5 Fl '� Omaha,Nebraska 68183-0804 o�'T�D FEBR�rQ� t , ,,; r., (402)444-5115 ��I t t, i F l,� Telefax(402)444-5125 City of Omaha ff � w t r: Vn Paul D.Kratz Jim Suttle;Mayor City Attorney Honorable President and Members of the City Council, The purpose of the attached Emergency Ordinance, prepared at the request of Councilmembers Jean Stothert and Franklin Thompson, is to declare an emergency occasioned by the legal time frames within which to conduct a special election for the recall of an elected official and to provide for the submission of the proposed recall of Mayor Jim Suttle to the qualified electors of the City for their approval or rejection of a Special City Election to be held on January 25, 2011, and to declare a vacancy in the Office of Mayor upon approval by a majority of the qualified electors voting. Respectfully submitted, Q, Ce 1A/ .— Jo A. Cavel Deputy City Attorney p:\Iaw-city council documents\2010\10258dae.doc date LEGAL EDITOR thereof. PASSED: December 14, 2010, AS AMENDED, of THE DAILY RECORD, of Omaha, a legal newspaper, printed and APPROVED BY: published daily in the English language, having a bona fide paid JIM SUTTLE 12/16/10 MAYOR OF THE circulation in Douglas County P + printed excess of 300 copies, in CITY OF OMAHA Omaha,in said County of Douglas,for more than fifty-two weeks last + BUSTER BROWN, past; that theprinted notice hereto attached was published in THE City clerk P r 12_22-10 — — — DAILY RECORD,of Omaha,on December 22, 2010 That;saidsN,,wspaper during that time egularly published and ingynera i o s.14t ion in the County of Dou andte ate of Nebraska. a QQ •�\aE.RA( '• 'Q J -:. G Subscribed in my ese and sworn to befo I • 1\01W( %43' ;. Publishetti lfer $ F . 80 me this 22nd of *t ok?\Rt r Ad'ditional Copies A 10 • T pF NE Notary Pub for o 1 ounty, lSta of Nebraska controls unauthorized access to the storage yard 37 shall surround the storage yard." 38 39 (nn) Section 2507.2 Construction. -change"6 feet(1829mm)high"to 10 feet(2048mm) 40 high." 41 located at least 50 feet from any child-care center,school(any 39 governmental or privately supported place or institution of education or physical instruction) or 40 playground associated with any day-care center or school.Such distance shall be measured from the 41 closest point where fireworks are sold or stored to the closest point of the day-care center,school or • EMERGENCY ORDINANCE NO. Ji4W AN EMERGENCY ORDINANCE to declare an emergency occasioned by the legal time frames within which to conduct a special election for the recall of an elected official;to provide for the submission of the proposed recall to the qualified electors of the City of Omaha for their approval or rejection at the Special City Election to be held on January 25,2011;to declare a vacancy in the Office of Mayor upon approval of a majority of the qualified electors voting; and to provide the effective date hereof. WHEREAS, on December 13, 2011, the Election Commissioner of Douglas County, Nebraska, certified to this Council that the petition to recall the Mayor was sufficient; and, WHEREAS,Section 32-1306,Neb.Rev.Stat.(Reissue 2008)requires the City Council to fix a date of election not less than thirty nor more than forty-five days from the date of said certification. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. That, due to the mandatory time frames imposed by state law within which to conduct a special election for the recall of an elected official,and as authorized by Section 2.13(4)of the Home Rule Charter of the City of Omaha, 1956,as amended,an emergency is hereby declared to exist. Section 2. That there be, and hereby is, submitted to the qualified electors of the City of Omaha at the Special City Election to be held on January 25,2011,for their approval or rejection,a proposal to recall the Mayor. Section 3. That the ballot for said proposed recall shall be submitted to the qualified electors of the City of Omaha in substantially the following form: "OFFICIAL BALLOT SPECIAL CITY ELECTION HELD JANUAR.Y 25, 2011 theprinted notice hereto attached was published in THE City clerk P r 12_22-10 — — — DAILY RECORD,of Omaha,on December 22, 2010 That;saidsN,,wspaper during that time egularly published and ingynera i o s.14t ion in the County of Dou andte ate of Nebraska. a QQ •�\aE.RA( '• 'Q J -:. G Subscribed in my ese and sworn to befo I • 1\01W( %43' ;. Publishetti lfer $ F . 80 me this 22nd of *t ok?\Rt r Ad'ditional Copies A 10 • T pF NE Notary Pub for o 1 ounty, lSta of Nebraska controls unauthorized access to the storage yard 37 shall surround the storage yard." 38 39 (nn) Section 2507.2 Construction. -change"6 feet(1829mm)high"to 10 feet(2048mm) 40 high." 41 located at least 50 feet from any child-care center,school(any 39 governmental or privately supported place or institution of education or physical instruction) or 40 playground associated with any day-care center or school.Such distance shall be measured from the 41 closest point where fireworks are sold or stored to the closest point of the day-care center,school or EMERGENCY ORDINANCE NO. dY,S9-2 Page 2 Shall Jim Suttle be removed from the Office of Mayor by recall? FOR THE RECALL OF JIM SUTTLE AGAINST THE RECALL OF JIM SUTTLE." Section 4. That under said question and proposition on the ballot shall be printed the words "FOR THE RECALL OF JIM SUTTLE" and the words `AGAINST THE RECALL OF JIM SUTTLE." All ballots of qualified electors cast at the aforesaid election with an"X"marked before the words"FOR THE RECALL OF JIM SUTTLE"shall be understood to be and shall be counted in favor of removingJim Suttle from the Office of Mayor, and all ballots of qualified electors cast at Y the aforesaid election with an "X" marked before the words "AGAINST THE RECALL OF JIM SUTTLE"shall be understood to be and shall be counted in favor of retaining Jim Suttle as Mayor of the City of Omaha. Section 5. The officer having charge of General and Special Elections of the City of Omaha shall conduct the election on the question herein provided for in all respects the same as other City elections and in the manner provided by law. Section 6. The City Clerk is hereby directed to transmit a certified copy of this Ordinance to the Election Commissioner of Douglas County,Nebraska,and to give public notice to the electors,as provided by law. Section 7. If said proposition is approved by a majority of the qualified electors voting,then, pursuant to the provisions of Section 32-1308 Neb. Rev. Stat. (Reissue 2008), Jim Suttle shall be deemed removed from the Office of Mayor and,unless a recount is ordered,a vacancy in the Office of Mayor shall exist. lly the following form: "OFFICIAL BALLOT SPECIAL CITY ELECTION HELD JANUAR.Y 25, 2011 theprinted notice hereto attached was published in THE City clerk P r 12_22-10 — — — DAILY RECORD,of Omaha,on December 22, 2010 That;saidsN,,wspaper during that time egularly published and ingynera i o s.14t ion in the County of Dou andte ate of Nebraska. a QQ •�\aE.RA( '• 'Q J -:. G Subscribed in my ese and sworn to befo I • 1\01W( %43' ;. Publishetti lfer $ F . 80 me this 22nd of *t ok?\Rt r Ad'ditional Copies A 10 • T pF NE Notary Pub for o 1 ounty, lSta of Nebraska controls unauthorized access to the storage yard 37 shall surround the storage yard." 38 39 (nn) Section 2507.2 Construction. -change"6 feet(1829mm)high"to 10 feet(2048mm) 40 high." 41 located at least 50 feet from any child-care center,school(any 39 governmental or privately supported place or institution of education or physical instruction) or 40 playground associated with any day-care center or school.Such distance shall be measured from the 41 closest point where fireworks are sold or stored to the closest point of the day-care center,school or • ' EMERGENCY ORDINANCE NO. 'f92 Page 3 Section 8. This Ordinance shall become effective immediately upon passage pursuant to the provisions of Section 2.13 of the Home Rule Charter of the City of Omaha, 1956, as amended. INT e ODUCED Y COUNCILMEMBER S 4014.1499/) PASSED DEC 2 1 2010 / ATTEST': /0,1 CIT`t CI.EkKOF-1711E CITY OF OMAHA DAT APPROVED AS TO FORM: DEPUTY CITY ATTORNEY DATE p:\law-city council documents\2010\10259dae.doc 44- CITY ATTORNEY DATE P\LAW-CITY COUNCIL DOCUMENTS\2010\30157dIm , REQUEST TO LAW DEPARTMENT For Law Department Use Only TO: Paul D. Kratz, City Attorney Log Book #: DATE: December 13, 2010 Date Assigned: Assigned to: Answered/Sent Out: Withdrawn: REQUEST BE G I1�f4ADE BY: On behalf of Councilmember Stothert /I)t 1 Warren Wea ef, City Council Chief of Staff 5518 (Name) (Department) (Phone) TIME LINE (Due Date): City Council Agenda December 21, 2010 (12 Working Days from Date Received by Law Department) REQUEST FOR Emergency Ordinance to Set Recall Election (State Specifically What You Are Requesting) DETAILS: (Do Not State"See Attached) Councilmember Stothert requests that an emergency ordinance that complies with Nebraska State Statutes 32-1305 to 32-1307 (others if applicable) be prepared and placed on the City Council agenda for December 21, 2010. See attached letter from the Douglas County Election Commission. INFORMATION ATTACHED: YES x NO NONE AVAILABLE c: All Councilmembers Mayor Suttle City Clerk Council Staff the Election Commissioner of Douglas County,Nebraska,and to give public notice to the electors,as provided by law. Section 7. If said proposition is approved by a majority of the qualified electors voting,then, pursuant to the provisions of Section 32-1308 Neb. Rev. Stat. (Reissue 2008), Jim Suttle shall be deemed removed from the Office of Mayor and,unless a recount is ordered,a vacancy in the Office of Mayor shall exist. lly the following form: "OFFICIAL BALLOT SPECIAL CITY ELECTION HELD JANUAR.Y 25, 2011 theprinted notice hereto attached was published in THE City clerk P r 12_22-10 — — — DAILY RECORD,of Omaha,on December 22, 2010 That;saidsN,,wspaper during that time egularly published and ingynera i o s.14t ion in the County of Dou andte ate of Nebraska. a QQ •�\aE.RA( '• 'Q J -:. G Subscribed in my ese and sworn to befo I • 1\01W( %43' ;. Publishetti lfer $ F . 80 me this 22nd of *t ok?\Rt r Ad'ditional Copies A 10 • T pF NE Notary Pub for o 1 ounty, lSta of Nebraska controls unauthorized access to the storage yard 37 shall surround the storage yard." 38 39 (nn) Section 2507.2 Construction. -change"6 feet(1829mm)high"to 10 feet(2048mm) 40 high." 41 located at least 50 feet from any child-care center,school(any 39 governmental or privately supported place or institution of education or physical instruction) or 40 playground associated with any day-care center or school.Such distance shall be measured from the 41 closest point where fireworks are sold or stored to the closest point of the day-care center,school or , fl1 00) C 0 C a colD CO C - ti n n co C > 11 z z n 11 � O I N M 0 z Z z GI A m • G CD CD C11 A, NC A, CDN ;a � O .,FOO CCD t'.) o LA P: O �, 4 M f _ 1 a. 0OO � 0 CD a w' i o `< z o - °, oa ,c ca. ,, OC • \ c o,,°a o A' w a N ,0... w m w co" o^ CDow yo �^ o ' z � — o �cu � � � r � d 1s7 a O o'b z R N � ",, ti• o z ;.1%1 w �* a �' �h te co ^n o °a CD O a CD CD o . 7 co cu 7 5' a) rn `°cv fl V) to rn rn v O co 0 rn Z no 1 x- z City Clerk Council Staff the Election Commissioner of Douglas County,Nebraska,and to give public notice to the electors,as provided by law. Section 7. If said proposition is approved by a majority of the qualified electors voting,then, pursuant to the provisions of Section 32-1308 Neb. Rev. Stat. (Reissue 2008), Jim Suttle shall be deemed removed from the Office of Mayor and,unless a recount is ordered,a vacancy in the Office of Mayor shall exist. lly the following form: "OFFICIAL BALLOT SPECIAL CITY ELECTION HELD JANUAR.Y 25, 2011 theprinted notice hereto attached was published in THE City clerk P r 12_22-10 — — — DAILY RECORD,of Omaha,on December 22, 2010 That;saidsN,,wspaper during that time egularly published and ingynera i o s.14t ion in the County of Dou andte ate of Nebraska. a QQ •�\aE.RA( '• 'Q J -:. G Subscribed in my ese and sworn to befo I • 1\01W( %43' ;. Publishetti lfer $ F . 80 me this 22nd of *t ok?\Rt r Ad'ditional Copies A 10 • T pF NE Notary Pub for o 1 ounty, lSta of Nebraska controls unauthorized access to the storage yard 37 shall surround the storage yard." 38 39 (nn) Section 2507.2 Construction. -change"6 feet(1829mm)high"to 10 feet(2048mm) 40 high." 41 located at least 50 feet from any child-care center,school(any 39 governmental or privately supported place or institution of education or physical instruction) or 40 playground associated with any day-care center or school.Such distance shall be measured from the 41 closest point where fireworks are sold or stored to the closest point of the day-care center,school or "NOTICETO PUBLIC- THE DAILY RECORD ' ORDINANCE I NO. 38897 AN EMERGENCY ORDINANCE to declare 1 an emergency occasioned by the legal time• OF OMAHA M/�H/1\ frames within which to conduct a special' li ,election for the recall an elected official;o;to RONALD A. HENNINGSEN, Publisher provide for the submission'pf the proposed; 'recall a th their qualified val ors of the City a PROOF OF PUBLICATION f ,Omaha for their approval rejection at the Special City Election to be held on January• . ' 25,2011;to declare a vacancy in the Office of, Mayor upon approval of a majority of the+ UNITED STATES OF AMERICA, ' qualified electors voting;and to provide the The State of Nebraska, effective date hereof. ss. a WHEREAS, on December 13, 2011, the District of Nebraska, 'Election Commissioner of Douglas County, • Nebraska, certified to this Council that the County of Douglas, petition to recall the Mayor was sufficient; City of Omaha, and, • WHEREAS;"Section 32-1306, Neb. Rev. Stat. (Reissue 2008)requires the City Council J.BOYD to fix a date of election not less than thirty, nor more than forty-five days from the date , being duly sworn,deposes and says that she is !of said certification. • I 'SUMMARY: AN EMERGENCY ORDINANCE to declare. LEGAL EDITOR 'an emergency-occasioned by the legal time. frames within which to conduct. a special I. of THE DAILY RECORD, of Omaha, a legal newspaper,printed and election for the submissionbll o elected official; do I published dailyin the English language, a bona fide paid 'provide for the of the proposed • g • having i recall to the qualified electors of the City of , circulation in Douglas County in excess of 300 copies, printed in ,Omaha for their approval or rejection at the Special City Election to be held on January I Omaha,in said County of Douglas,for more than fifty-two weeks last 25,2011 to declare a vacancy in the Office of I past; that the printed notice hereto attached was published in THE Mayor upon approval of a majority of the qualified electors voting;and to provide the DAILY RECORD,of Omaha,on I effective date hereof. WHEREAS, on December 13, 2b11, the December 29 , 2010 Election Commissioner of Douglas County, Nebraska, certified to this Council that the , - petition to recall the Mayor was sufficient; and, , WHEREAS, Section 32-1306, Neb. Rev. ,Stat.(Reissue 2008)requires the City Council to fix a date of election not less than thirty That said Newspaper during that time was re,... : ly published and nor more than forty-five days from the date ti;;;,,•., of said certification. i in gene I cirtcull tiol�the County of Douglas, : . .to • of Nebraska. PASSED:December 21,2010,6-1 / APPROVED BY: `k • 11 L JIM SUTTEE 12i23/10 Gi �Q r�F�‘I RAt +11V`� Subscribedinre e : - o r MAYOR OF THE / �•. +j myp before CITY OF OMAHA • if BUSTER BROWN, C blisher's' 'e� Y 3 7 . 4�a me this 2 9 t dayof City Clerk / • cops 12-2910 -ir atipnal twines $ t - rim• 4i. / 20_1_0 li. `+ll ••30 2'Pr Notary P r 1, irfo - o1mty. T 6 r \„�T _... -"te of Nebraska