ADOPTING ORDINANCE

CITY OF BROOK PARK, OHIO
ORDINANCE NO. 2570-1966

INTRODUCED BY: Mr. Zofcin

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

WHEREAS, the Council of the City of Brook Park, Ohio, has had the matter of codification and general revision of the ordinances before it for some time, and

WHEREAS, it has heretofore entered into a contract with the Walter H. Drane Company 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codification of such ordinances, together with the new matter to be adopted, the matters to be amended and those to be repealed are before the Council,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, BE IT ORDAINED by the Council of the City of Brook Park, State of Ohio:

SECTION 1: The ordinances of the City of Brook Park, Ohio, of a general and permanent nature, as revised, codified, rearranged and consolidated into component codes, titles, chapters and sections are hereby approved, adopted and enacted as the Codified Ordinances of Brook Park, Ohio, 1965.

One book-form copy of the Codified Ordinances shall be certified as correct by the Mayor and the Clerk of Council, attached to this ordinance as a part hereof, and filed with the permanent ordinance records of the City of Brook Park, Ohio.

SECTION 2: The provisions of this ordinance, including all provisions of the Codified Ordinances, shall be in full force and effect from and immediately after passage of this ordinance and its approval by the Mayor. All ordinances and resolutions or parts thereof, enacted prior to February 1, 1966, which are inconsistent with any provision of the Codified Ordinances, are hereby repealed as of the effective date of this ordinance, except as follows: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 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 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 instrtunents 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 February 1, 1966.

SECTION 3: The Clerk of Council, pursuant to Ohio R. C. 731.23, shall cause to be published in a manner required by law the new matter contained in the Codified Ordinances. Copies of the Codified Ordinances shall be posted in the five most public places as required by law. All sections of the Codified Ordinances, without a previous ordinance or resolution history at the end thereof, indicate that the section contains new matter ordained by this Adopting Ordinance. The Comparative Section Table lists by section number all sections which contain new matter adopted by this Adopting Ordinance.

SECTION 4: This ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health and safety of the City, and for the further reason that there exists an imperative necessity for the earliest publication and distribution of the Codified Ordinances to the officials and citizens of the City, so as to facilitate administration, daily operation and avoid practical and legal entanglements, wherefore, this ordinance shall be in full force and effect from and immediately after its passage and approval by the Mayor.

PASSED: January 31, 1966

/s/ Edward J. Gangloff

PRESIDENT OF COUNCIL

ATTEST:

/s/ Cyrus E. McGovern

CLERK OF COUNCIL

APPROVED:

/s/ John A. Polonye

MAYOR