ORDINANCE NO. 02-01-09
ENACTING AS AN ORDINANCE, A CODE OF ORDINANCES FOR THE TOWN OF ATLANTA, INDIANA, REVISING, AMENDING, RESTATING, CODIFYING, AND COMPILING CERTAIN EXISTING GENERAL ORDINANCES OF THE TOWN DEALING WITH SUBJECTS EMBRACED IN SAID CODE.
WHEREAS, the present general ordinances of the Town of Atlanta are incomplete and inadequate and the manner of arrangement, classification and indexing thereof is insufficient to meet the immediate needs of the Town; and
WHEREAS, the Acts of the General Assembly of the State of Indiana empower and authorize the Town Council of every Town to revise, amend, restate, codify and to compile any existing ordinance or ordinances and all new ordinances not heretofore adopted or published and to incorporate said ordinances into one ordinance in book form pursuant to I.C. 36-1-5-3; and
WHEREAS, The Town Council of the Town of Atlanta has authorized a general compilation, revision and codification of the ordinances of the Town of a general and permanent nature and publication of such ordinances in book form.
NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Atlanta, Hamilton County, Indiana, that:
Section 1. The general ordinances of the Town of Atlanta, Indiana, as herein revised, amended, restated, codified and compiled in book form are adopted as and shall constitute the "Municipal Code of the Town of Atlanta, Indiana".
Section 2. All prior ordinances pertaining to the subjects treated in said Code shall be deemed and are repealed from and after the effective date of said Code except as they are included and reordained in whole or in part of said code; provided that, such repeal shall not affect any offense committed or penalty incurred or any right established prior to the effective date of said Code, nor shall such repeal affect the provisions of ordinances levying taxes, appropriating money, annexing or detaching territory, establishing franchises or granting special rights to certain person, authorizing public improvement, authorizing the issuance of bonds or borrowing of money, authorizing the purchase or sale of real or personal property, granting or accepting easements, plats or dedication of land to public use, naming or vacating or setting the boundaries of streets, alleys or other public places, nor to any other ordinance of a temporary or special nature or pertaining to subjects not contained therein.
Section 3. Said Code shall be deemed published as of the day of its adoption and approval by the Town Council, and the Clerk-Treasurer of the Town of Atlanta is hereby authorized and ordered to file two (2) copies of said Code in the Office of the Clerk-Treasurer where they will be available for public inspection during normal business hours.
Section 4. Such Code shall be deemed published as of the day of its adoption and approval by the Atlanta Town Council and the Clerk-Treasurer of the Town of Atlanta is hereby authorized and ordered to file a copy of such Code of Ordinances in the Office of the Clerk-Treasurer.
Section 5. Such Code shall be in full force and effect as provided in Section 6, and such Code shall be presumptive evidence in all courts and places of the ordinance and all provisions, sections, penalties and regulations therein contained and of the date of passage, and that the same is properly signed, attested, recorded, and approved and that any public hearings and notices thereof as required by law have been given.
Section 6. Emergency. Since all prior ordinances or parts thereof dealing with the subject matter contained herein may now be null and void under current state statutes or since certain state statutes which in the past may have regulated the subject matter contained in this Ordinance but which may have been repealed in connection with the concept of Home Rule wherein the State Legislature gave local units of government additional powers, and for the purpose of rendering immediate protection of the public health, safety and welfare of the citizens of Atlanta, the Town Council finds and declares an emergency requiring the immediate effectiveness of this Ordinance, and this Ordinance shall be in full force and effect from and after its passage and approval by the Town Council of the Town of Atlanta, Indiana, and the Clerk-Treasurer shall post a copy of this Ordinance in one (1) public place in each district in the town pursuant to I.C. 36-5-2-10(2) as well as any other publication and/or posting according to law.
PASSED AND ADOPTED by the Town Council of the Town of Atlanta, Indiana, on this 10th day of February 2009.
TOWN COUNCIL OF ATLANTA, INDIANA
AYE NAY
_/s/__________________________ ___________________________
_/s/__________________________ ___________________________
_/s/__________________________ ___________________________
ATTEST:
Robyn Emmert /s/
Robyn Emmert
Clerk-Treasurer
This Ordinance Approved And Passed by me and the Town Council of the Town of Atlanta, Indiana, on this 10th day of February, 2009, and as the executive officer for the Town and for the reasons given in the Ordinance, I find and declare an emergency requiring the immediate effectiveness of this Ordinance. The Clerk-Treasurer shall post a copy of this Ordinance in one (1) public place in each district in the Town.
Andy Emmert /s/
Andy Emmert, President of the Atlanta
Town Council
ATTEST:
Robyn Emmert /s/
Robyn Emmert, Clerk-Treasurer