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ADOPTING ORDINANCE NO. 68-98
AN ORDINANCE TO APPROVE THE 1997 CODIFIED ORDINANCES; TO ADOPT NEW MATTER; TO AMEND AND REPEAL CERTAIN OBSOLETE AND CONFLICTING LEGISLATIVE PROVISIONS, AND DECLARING AN EMERGENCY.
WHEREAS, a determination has been made that the ordinances of the Municipality of a permanent and general nature should be recodified, and
WHEREAS, the City has heretofore entered into a contract with the Walter H. Drane Company to prepare and publish such recodification, and
WHEREAS, the recodification of such ordinances, together with the new matter to be adopted, the matters to be amended and those to be repealed are before the Council,
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ALLIANCE, COUNTIES OF STARK AND MAHONING, STATE OF OHIO:
SECTION 1. That the ordinances of the City of Alliance, Ohio, of a general and permanent nature, as revised, recodified, rearranged and consolidated into component codes, titles, chapters and sections are hereby approved, adopted and enacted as the Codified Ordinances of the City of Alliance, Ohio, 1997.
SECTION 2. That the provisions of this Ordinance, including all provisions of the Codified Ordinances, shall be in full force and effect as provided in Section 7 of this Ordinance. All ordinances and resolutions or parts thereof enacted prior to May 1, 1997, which are inconsistent with any provision of the Codified Ordinances, are hereby repealed as of the effective date of this Ordinance, except as follows:
(a) The enactment of the Codified Ordinances shall not be construed to affect a right or liability accrued or incurred under any legislative provisions prior to the effective date of such enactment, or an action or proceeding for the enforcement of such right or liability. Such enactment shall not be construed to relieve any person from punishment for an act committed in violation of any such legislative provision, nor to affect an indictment or prosecution therefor. For such purposes, any such legislative provision shall continue in full force notwithstanding its repeal for the purpose of revision and recodification.
(b) The repeal provided above shall not affect:
(1) The grant or creation of a franchise, license, right, easement or privilege.
(2) The purchase, sale, lease or transfer of property.
(3) The appropriation or expenditure of money or promise or guarantee of payment.
(4) The assumption of any contract or obligation.
(5) The issuance and delivery of any bonds, obligations or other instruments of indebtedness.
(6) The levy or imposition of taxes, assessments or charges.
(7) The establishment, naming, vacating or grade level of any street or public way.
(8) The dedication of property or plat approval.
(9) The annexation or detachment of territory.
(10) Any legislation enacted subsequent to May 1, 1997.
SECTION 3. A succinct summary of this Ordinance shall be published by the Clerk of Council. The publication shall contain notice that the complete text of this Ordinance may be obtained or viewed, and the Codified Ordinances viewed, at the office of the Clerk of Council and may be viewed at any other location designated by Council. The Clerk of Council, pursuant to Ohio R.C. 731.23, shall also cause to be published in a manner required by law a summary of the new matter contained in the Codified Ordinances.
SECTION 4. That each section of the Codified Ordinances without an ordinance or resolution history at the end thereof indicates that the section contains new material which is hereby enacted by this adopting ordinance.
SECTION 5. That through authentication and approval of this Ordinance the Mayor and Clerk of Council shall certify that the permanent and general ordinances of the Municipality as codified therein are correctly set forth and constitute the Codified Ordinances of the City of Alliance, Ohio, 1997.
SECTION 6. That it is found and determined that all formal actions of this Council concerning and relating to the adoption of this Ordinance were adopted in an open meeting of this Council, and that all deliberations of this Council, and of any of its committees that resulted in such formal actions were in meetings open to the public, in compliance with all legal requirements, including those of Section 121.22 of the Ohio Revised Code.
SECTION 7. That this Ordinance is hereby declared to be an EMERGENCY MEASURE necessary for the preservation of the public peace, health, welfare and safety for the reason that there exists an imperative necessity for the earliest publication and distribution of the Codified Ordinances to the officials and residents of the Municipality, so as to facilitate administration, daily operation and avoid legal entanglements including conflict with general State law; and provided that it receives the affirmative vote of two-thirds of the members elected to Council, it shall take effect and be in full force from and immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in full force from and after the earliest period allowed by law.
PASSED, this 2nd day of February , A.D. 1998.
/s/ John Benincasa
President of Council
/s/ Ronald Russell
Clerk of Council
APPROVED: February 2 , 1998. APPROVED AS TO LEGAL FORM:
/s/ Judy Carr
/s/ Andrew L. Zumbar
CODIFIED ORDINANCES OF ALLIANCE, OHIO