ADOPTING ORDINANCES

ORDINANCE NO. 97-36

SPONSORED BY COUNCIL MEMBER Dunnigan ON THE 23rd DAY OF June 1997

AN ORDINANCE TO APPROVE, ADOPT AND ENACT THE CODIFIED ORDINANCES; TO REPEAL ORDINANCES IN CONFLICT THEREWITH; TO PUBLISH THE ENACTMENT OF NEW MATTER.

WHEREAS, the Council of the City of Beavercreek, Ohio, has the matter of the codification and general revision of the ordinances before it, and

WHEREAS, it has heretofore entered into a contract with the American Legal Publication corporation to prepare and publish such codification, and

WHEREAS, the codification of such ordinances, together with the new matter to be adopted, the matters to be amended and those to be repealed are before the Council,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, it ordained by the council of the City of Beavercreek, State of Ohio:

Section I. That the ordinances of the City of Beavercreek, Ohio, of a general and permanent nature, as revised, codified, rearranged and consolidated into component codes, titles, chapters and sections are hereby approved, and adopted and enacted as the Beavercreek City Code, and the same shall be printed and published in book form as the Beavercreek City code, and when so published and assembled in complete book form and certified as correct by the mayor and the Clerk of Council, shall be admitted in evidence and accepted by the courts and all persons as to the existence, effectiveness and regularity of all enactments so published in such book form as of the effective date thereof.

   One copy of the Beavercreek City Code, upon publication and certification as to the correctness thereof in book form by the Mayor and the Clerk of Council, shall be attached to this ordinance as a part hereof and filed and retained as the permanent ordinance record of the City.

Section II. All ordinances and resolutions or parts thereof which are inconsistent with any provision of the codified ordinances are hereby repealed as of the effective date of this ordinance, except as follows: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 Beavercreek City Code shall not be construed to affect a right or liability accrued or incurred under any legislative provision 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 it 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 or 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 December 31, 1996.

Section III. Copies of the Beavercreek city code shall be furnished to City officials, placed in the public city offices and the local public library for free public reference and made available for purchase at cost.

Section IV. That this ordinance, including the Beavercreek city code hereby approved, adopted and enacted, shall become effective at, on and after 12:01 a.m. of the 30th day after the final adoption of this ordinance.

                        PASSED This 28th day of July, 1997

                                    Joy M. Brailey /s/

                                    Mayor

ATTEST:

Lucia W. Ball /s/

Clerk of council

SUMMARY

This ordinance provides for ordinances of a general and permanent nature to be codified, rearranged and consolidated into component codes, titles, chapters and sections and to publish the same; to adopt, revise and enact new sections conforming to state law and to provide public access to the Beavercreek City code.